Artificial intelligence approach to legal reasoning

International Nuclear Information System (INIS)

Gardner, A.V.D.L.

1984-01-01

For artificial intelligence, understanding the forms of human reasoning is a central goal. Legal reasoning is a form that makes a new set of demands on artificial intelligence methods. Most importantly, a computer program that reasons about legal problems must be able to distinguish between questions it is competent to answer and questions that human lawyers could seriously argue either way. In addition, a program for analyzing legal problems should be able to use both general legal rules and decisions in past cases; and it should be able to work with technical concepts that are only partly defined and subject to shifts of meaning. Each of these requirements has wider applications in artificial intelligence, beyond the legal domain. This dissertation presents a computational framework for legal reasoning, within which such requirements can be accommodated. The development of the framework draws significantly on the philosophy of law, in which the elucidation of legal reasoning is an important topic. A key element of the framework is the legal distinction between hard cases and clear cases. In legal writing, this distinction has been taken for granted more often than it has been explored. Here, some initial heuristics are proposed by which a program might make the distinction

A conceptual dimension of language education: a Vigotskian approach

Directory of Open Access Journals (Sweden)

Mary Elizabeth Cerutti Rizzatti

2016-01-01

Full Text Available This article discusses the conceptual appropriation of language education, aiming to address two concerns: ‘What does it mean to educate through language?’, and ‘What is conceptual appropriation of language education?’. Hence, the article presented herein has been configured as a qualitative approach, gathering empirical data that composes the documentary units prepared by the Grupo de Pesquisa Cultura Escrita e Escolarização (Written Culture and Schooling Research Group. Data analysis is based on L.S. Vygotski’s Collected Works, translated from Russian to Spanish. The discussion results in an argumentation that favors capturing (or recapturing the aforementioned conceptual appropriation of language education, based on a configuration that effectively highlights inter-subjectivity. In order to delineate the proposed argument, it is necessary to problematize the following: (i taxonomic and/or normative approaches hidden behind social practices; (ii objectification paths leaning towards genres of discourse; (iii scientific approach applied to the grammatical treatment; and (iv denial of such treatment, from any perspective. The Vigotskian focus is based on an epistemic approach towards language education, thus, on the understanding that the correlation between daily and scientific concepts is a nodal issue inherent to the self-regulation process applicable to the use of language.

Responding to violence against women: social science contributions to legal solutions.

Science.gov (United States)

Portwood, Sharon G; Heany, Julia Finkel

2007-01-01

Violence against women represents a serious problem in America. Not only does intimate partner violence represent a significant threat to women, but it also counts among its victims, children living in the violent household. By its very nature, intimate partner or domestic violence may be approached as either a legal or a social problem. However, there is a shortage of legal approaches that have been informed by sound social science research. One promising framework for developing such integrated responses to intimate partner violence is therapeutic jurisprudence, which encourages legal professionals to work closely with social scientists to develop system responses based on empirical data. Such an approach contrasts sharply with the current practice of developing law based on assumptions, which frequently reflect traditional paternalistic and sexist attitudes toward women. This paper begins by examining the current theories and scientific knowledge on domestic violence with particular emphasis on the supporting data. A theoretical framework for conceptualizing domestic violence characterized as patriarchal terrorism as distinct from common couple violence is examined and offered as a means of explaining inconsistencies in research findings. Following a review of current legal responses to domestic violence, the paper concludes by outlining alternative strategies and recommendations for future efforts that are supported by current theory and research.

[Criteria catalogue to systematize conceptual approaches in universal prevention of childhood overweight : Methodological approach and first results].

Science.gov (United States)

Babitsch, Birgit; Geene, Raimund; Hassel, Holger; Kliche, Thomas; Bacchetta, Britta; Baltes, Simon; Nold, Sandra; Rosenfeldt, Daniel

2016-11-01

Overweight and obesity are serious health risks for children and adolescents. Hence, various prevention projects have been initiated and implemented. Until now, a systematic overview of interventions in different settings has been lacking. The aim of the "Prevention of child overweight" project (SkAP-project) is to prepare a systematic overview of the conceptual approaches used in universal prevention of overweight among children and adolescents. First of all, a comprehensive criteria catalogue will be developed based on systematic searches. In the next step the criteria catalogue will be applied to identify and characterize conceptual approaches. Criteria to describe conceptual approaches as well as determinants of childhood overweight were determined by systematic searches. The searches included relevant data bases and were further expanded by internet and hand search. Three settings (kindergarten, school and communities) and families are addressed by the systematic searches. Additional non-setting specific searches were conducted. A comprehensive criteria catalogue was developed, which allows a detailed analysis of conceptual approaches. This catalogue covers further quality criteria as well as determinants of childhood overweight. Currently, the criteria catalogue is being employed. Although the detailed analysis of conceptual approaches can be regarded as advantage of the criteria catalogue, there are also some limitations, such as the lack of necessary information provided in publications. Overall, the application will reveal an overview regarding universal prevention in childhood overweight, which is still lacking, and will support development in this field.

Conceptual integrated approach for the magnet system of a tokamak reactor

International Nuclear Information System (INIS)

Duchateau, J.-L.; Hertout, P.; Saoutic, B.; Artaud, J.-F.; Zani, L.; Reux, C.

2014-01-01

Highlights: • We give a conceptual approach of a fusion reactor magnet system based on analytical formula. • We give design criteria for the CS and TF cable in conduit conductors and for the magnet system structural description. • We apply this conceptual approach to ITER and we crosscheck with actual characteristics. • We apply this conceptual approach to a possible version of DEMO. - Abstract: In the framework of the reflexion about DEMO, a conceptual integrated approach for the magnet system of a tokamak reactor is presented. This objective is reached using analytical formulas which are presented in this paper, coupled to a Fortran code ESCORT (Electromagnetic Superconducting System for the Computation of Research Tokamaks), to be integrated into SYCOMORE, a code for reactor modelling presently in development at CEA/IRFM in Cadarache, using the tools of the EFDA Integrated Tokamak Modelling task force. The analytical formulas deal with all aspects of the magnet system, starting from the derivation of the TF system general geometry, from the plasma main characteristics. The design criteria for the cable current density and the structural design of the toroidal field and central solenoid systems are presented, enabling to deliver the radial thicknesses of the magnets and enabling also to estimate the plasma duration of the plateau. As a matter of fact, a pulsed version DEMO is presently actively considered in the European programmes. Considerations regarding the cryogenics and the protection are given, affecting the general design. An application of the conceptual approach is presented, allowing a comparison between ESCORT output data and actual ITER parameters and giving the main characteristics of a possible version for DEMO

Intelligent Flowcharting Developmental Approach to Legal Knowledge Based System

Directory of Open Access Journals (Sweden)

Nitin Balaji Bilgi

2011-10-01

Full Text Available The basic aim of this research, described in this paper is to develop a hybrid legal expert system/ knowledge based system, with specific reference to the transfer of property act, within the Indian legal system which is often in demand. In this paper the authors discuss an traditional approach to combining two types of reasoning methodologies, Rule Based Reasoning (RBR and Case Based Reasoning (CBR. In RBR module we have interpreted and implemented rules that occur in legal statutes of the Transfer of property act. In the CBR module we have an implementation to find the related cases. The VisiRule software made available by Logic Programming Associates is used in the development of RBR part this expert system. The authors have used java Net Beans for development of CBR. VisiRule is a decision charting tool, in which the rules are defined by a combination of graphical shapes and pieces of text, and produces rules.

Conceptual Model and Numerical Approaches for Unsaturated Zone Flow and Transport

International Nuclear Information System (INIS)

H.H. Liu

2004-01-01

The purpose of this model report is to document the conceptual and numerical models used for modeling unsaturated zone (UZ) fluid (water and air) flow and solute transport processes. This work was planned in ''Technical Work Plan for: Unsaturated Zone Flow Model and Analysis Report Integration'' (BSC 2004 [DIRS 169654], Sections 1.2.5, 2.1.1, 2.1.2 and 2.2.1). The conceptual and numerical modeling approaches described in this report are mainly used for models of UZ flow and transport in fractured, unsaturated rock under ambient conditions. Developments of these models are documented in the following model reports: (1) UZ Flow Model and Submodels; (2) Radionuclide Transport Models under Ambient Conditions. Conceptual models for flow and transport in unsaturated, fractured media are discussed in terms of their applicability to the UZ at Yucca Mountain. The rationale for selecting the conceptual models used for modeling of UZ flow and transport is documented. Numerical approaches for incorporating these conceptual models are evaluated in terms of their representation of the selected conceptual models and computational efficiency; and the rationales for selecting the numerical approaches used for modeling of UZ flow and transport are discussed. This report also documents activities to validate the active fracture model (AFM) based on experimental observations and theoretical developments. The AFM is a conceptual model that describes the fracture-matrix interaction in the UZ of Yucca Mountain. These validation activities are documented in Section 7 of this report regarding use of an independent line of evidence to provide additional confidence in the use of the AFM in the UZ models. The AFM has been used in UZ flow and transport models under both ambient and thermally disturbed conditions. Developments of these models are documented

The Conceptual Change Approach to Teaching Chemical Equilibrium

Science.gov (United States)

Canpolat, Nurtac; Pinarbasi, Tacettin; Bayrakceken, Samih; Geban, Omer

2006-01-01

This study investigates the effect of a conceptual change approach over traditional instruction on students' understanding of chemical equilibrium concepts (e.g. dynamic nature of equilibrium, definition of equilibrium constant, heterogeneous equilibrium, qualitative interpreting of equilibrium constant, changing the reaction conditions). This…

Economic and legal conceptual framework of viral marketing

Directory of Open Access Journals (Sweden)

Kostić Marija

2015-01-01

Full Text Available Electronic and online communications are modern, and perhaps the most common form of communication between individuals and legal entities, and thus have become one of the most used ways of market communication. Viral marketing is evolving into the dominant form of marketing and exchange of information for the purpose of advertising, promoting, or achieving other goals. In this paper we present and analyse the phenomenon of viral marketing-its purpose, effects, and power of influence, and discuss it in terms of ethical and legal standards. Special emphasis is placed on the right to privacy and personal data protection, harassment, acting in good faith and in accordance with good business practices, the presentation of false or fraudulent information. The advantages and disadvantages of this type of marketing activity have been observed.

Analysis of legal narratives: a conceptual framework

NARCIS (Netherlands)

Sileno, G.; Boer, A.; van Engers, T.; Schäfer, B.

2012-01-01

This article presents a conceptual framework intended to describe and to abstract cases or scenarios of compliance and non-compliance. These scenarios are collected in order to be animated in an agent-based platform for purposes of design and validation of both new regulations and new

Legal-conceptual description of dwelling house for Colombian juristic order

Directory of Open Access Journals (Sweden)

Jorge Eduardo Vásquez Santamaría

2012-01-01

Full Text Available This article aims to communicate one of the products of the research "Ambiente sano y vivienda digna: colisión en la elaboración y ejecución de proyectos urbanos en Medellín". Dwelling house is addressed from in order to describe the legal developments and to establish their social, economic and policy implications since the point of view of for the doctrine, the Constitution and jurisprudence in Colombia. The methodology was mixed: it used a quantitative and a qualitative approach, but the last one was more used, because the study was focused on a contemporary social reality. Among the results it can be found a purposeful projection of right to the worthy dwelling house in relation to the habitat. © Revista Colombiana de Ciencias Sociales.

AGILE: a methodology for Advanced Governance of Information services through Legal Engineering

NARCIS (Netherlands)

Boer, A.; Sileno, G.

2013-01-01

To address agility in public administration, the Agile project developed a reference knowledge acquisition infrastructure for legal knowledge, based on a dynamic and design-oriented conceptualization of the legal system. The main objective of the project was to reframe legal knowledge as a knowledge

CONCEPTUAL BASES OF FORMING THE SYSTEM OF FINANCIAL AND ECONOMIC PROVIDING SOCIAL PROTECTION INVOLUNTARILY DISPLACED PERSONS WITH CLUSTER APPROACH

Directory of Open Access Journals (Sweden)

Svitlana Kropelnytska

2017-08-01

Full Text Available The article systematizes approaches to financial support and social adaptation of internally displaced persons (IDPs as well as their social protection, that is based on the analysis of legal framework, situation and sources of financial and social support to the EU member states of the IDPs in Ukraine and their social security. The study of the IDPs situation and the assessment of the required resources are based on a cluster approach, which defines optimal set of problem areas requiring priority social and financial support. This allowed to develop practical recommendations for the development of a comprehensive, transparent and unified policy of social protection through the development of a conceptual framework for the financial and economic provision of social protection IDPs, which will be the basic solution to the problems of social and financial provision forced migrants in Ukraine. Key words: forced migrants, internally displaced persons, cluster, social policy, social protection, social providing, financial providing.

Conceptual information processing: A robust approach to KBS-DBMS integration

Science.gov (United States)

Lazzara, Allen V.; Tepfenhart, William; White, Richard C.; Liuzzi, Raymond

1987-01-01

Integrating the respective functionality and architectural features of knowledge base and data base management systems is a topic of considerable interest. Several aspects of this topic and associated issues are addressed. The significance of integration and the problems associated with accomplishing that integration are discussed. The shortcomings of current approaches to integration and the need to fuse the capabilities of both knowledge base and data base management systems motivates the investigation of information processing paradigms. One such paradigm is concept based processing, i.e., processing based on concepts and conceptual relations. An approach to robust knowledge and data base system integration is discussed by addressing progress made in the development of an experimental model for conceptual information processing.

CULTURAL AND LEGAL FACTORS OF OPTIMIZATION OF THE IDEOLOGY OF STATE-BUILDING IN UKRAINE

Directory of Open Access Journals (Sweden)

O. V. Krasnokutskyi

2014-12-01

Full Text Available The Purpose is to investigate the legal cultural phenomenon in the riches of the contours of its essence, raising the level of this phenomenon as part of the system of determinants of the optimization of ideology of state-building in modern Ukraine. Methodology. The study is based on the principles of materialist dialectics and the principles of historicism, social determinism, complexity. The scientific novelty. The cultural and legal factors of optimization of the ideology of state-building are conceptually considered for the first time in modern Ukraine; three methodological points that should be targeted in the definition of «legal culture» are outlined; the definition of legal culture is improved; a working template program of improvement and increase of the level of legal culture in contemporary Ukrainian society is developed; four key conceptual areas of the program are outlined. Conclusions. Legal culture can be defined as a separate category to mark the legal system which was historically formed and the institutions of a state-organized society that are correlated with it, and also the legal knowledge and motives, forms, techniques and methods of legal activities, values, estimates with the necessity inherent to every people, class, nation, community groups, to the individual person at a certain stage of their development. Rise of the level of legal awareness is one of the leading systematic factors, cultural and code keys to optimizing the development of state-building ideology in the conditions of today's Ukraine. The program for the improvement and enhancement of legal culture in contemporary Ukrainian society is composed of four major conceptual areas: the growth of basic legal literacy; the rise of their legal awareness; the increase of theoretical justification of the existing legal reality, the prospects for its future development, the increase of the efficiency of the legal theory; progressive formation of legal ideology.

Conceptual and methodological approaches to evaluation of investment attractiveness of enterprises engaged in transportations

Directory of Open Access Journals (Sweden)

Olha Myshkovych

2016-12-01

Full Text Available The aim of the article is to analyze the conceptual and methodological approaches to determining the investment attractiveness of enterprises engaged in transportations. It is indicated that the investment attractiveness of transport enterprises should be determined by calculating of the overall financial situation of enterprises, which will allow potential investors to evaluate profitability and cost efficiency of its activity. An analysis of the strengths and weaknesses of the enterprise engaged in transportation can be accomplished by the evaluation of its innovative capacity. The identification of factors and reserves of the increasing of enterprise innovative development will allow distinguishing of the basic directions for the improvement of organizational and economic mechanism of its activity. With the aim of building the strategy for the strengthening of market position it is also considered important for the potential investor to obtain the information about enterprise place on the national and international markets. Political and legal environment, characterized by political stability of society and the regulatory framework of entrepreneurial and investment activity serve as a certain guarantee of the investment reliability.

Bioengineering a conceptual approach

CERN Document Server

Pavlovic, Mirjana

2015-01-01

This book explores critical principles and new concepts in bioengineering, integrating the biological, physical and chemical laws and principles that provide a foundation for the field. Both biological and engineering perspectives are included, with key topics such as the physical-chemical properties of cells, tissues and organs; principles of molecules; composition and interplay in physiological scenarios; and the complex physiological functions of heart, neuronal cells, muscle cells and tissues. Chapters evaluate the emerging fields of nanotechnology, drug delivery concepts, biomaterials, and regenerative therapy. The leading individuals and events are introduced along with their critical research. Bioengineering: A Conceptual Approach is a valuable resource for professionals or researchers interested in understanding the central elements of bioengineering. Advanced-level students in biomedical engineering and computer science will also find this book valuable as a secondary textbook or reference.

Non-Legal Contributions to the Concept of “Privacy”: Interdisciplinary Reflctions

OpenAIRE

Sarmiento-Verbel, Adriana Romelia; Ardila-Barrera, Jaime Raúl; Báez-Pimiento, Adriana

2016-01-01

Introduction: in order to offr a broader view of privacy, some non-legal conceptualizations are looked into, starting from the defiition established by the Diccionario de la Real Academia Española as such “intimate and reserved spiritual area of a person or group.” Methodology: the construction of the concept is consolidated throughout the article with the input of meanings from other disciplines such as psychology, philosophy and art. Results: a conceptualization that exceeds the legal frame...

Cross-categorization of legal concepts across boundaries of legal systems: in consideration of inferential links

DEFF Research Database (Denmark)

Glückstad, Fumiko Kano; Herlau, Tue; Schmidt, Mikkel Nørgaard

2014-01-01

This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp’s probabili......This work contrasts Giovanni Sartor’s view of inferential semantics of legal concepts (Sartor in Artif Intell Law 17:217–251, 2009) with a probabilistic model of theory formation (Kemp et al. in Cognition 114:165–196, 2010). The work further explores possibilities of implementing Kemp...... and Griffiths in Behav Brain Sci 4:629–640, 2001), the probabilistic model of theory formation, i.e., the Infinite Relational Model (IRM) first introduced by Kemp et al. (The twenty-first national conference on artificial intelligence, 2006, Cognition 114:165–196, 2010) and its extended model, i.e., the normal...... to the International Standard Classification of Education. The main contribution of this work is the proposal of a conceptual framework of the cross-categorization approach that, inspired by Sartor (Artif Intell Law 17:217–251, 2009), attempts to explain reasoner’s inferential mechanisms....

A Qualitative Examination of Ethical and Legal Considerations Regarding Dating Violence

Science.gov (United States)

Sikes, April; Walley, Cynthia; Hays, Danica G.

2012-01-01

Despite the increased attention to dating violence among adolescents and young adults, limited information is available on ethical and legal considerations specific to this population. Therefore, this qualitative study explores 21 trainees' and practitioners' conceptualization of ethical and legal issues pertaining to adolescent dating violence.…

Legislative Process For National Atomic Energy Laws Various Legal Approaches And Lessons Learned

International Nuclear Information System (INIS)

Ali, A.M.

2008-01-01

Legislative Process for National Atomic Energy Laws (NAELs) aim at establishing a legal base for the peaceful uses of nuclear energy. Various approaches (partial and comprehensive) to draft the NAELs are studied. The paper also studies some national nuclear energy laws through a comparative legal analysis and the important developments that have taken place in the legislative process for NAELs. There are lessons learned from the legislative process for NAELs. First, each state must develop its own legislative framework based on its own situation. Second, although the NAELs have common features, they vary considerably due to national legal traditions, social, economic circumstances and cultural values. Third, the NAELs have also evolved in time. Fourth, the technical standards, rules and guidelines should not be part of legislation issued by the Parliament because they would also facilitate quick adaption to new technical developments. Fifth, interface between legal and technical issues, requiring legal and technical experts to interact with each other. Sixth, continuing assessment that may lead to amendments to the law over time

Assessment for One-Shot Library Instruction: A Conceptual Approach

Science.gov (United States)

Wang, Rui

2016-01-01

The purpose of this study is to explore a conceptual approach to assessment for one-shot library instruction. This study develops a new assessment instrument based on Carol Kuhlthau's information search process (ISP) model. The new instrument focuses on measuring and identifying changes in student readiness to do research along three…

An expanded conceptual framework for solution-focused management of chemical pollution in European waters.

Science.gov (United States)

Munthe, John; Brorström-Lundén, Eva; Rahmberg, Magnus; Posthuma, Leo; Altenburger, Rolf; Brack, Werner; Bunke, Dirk; Engelen, Guy; Gawlik, Bernd Manfred; van Gils, Jos; Herráez, David López; Rydberg, Tomas; Slobodnik, Jaroslav; van Wezel, Annemarie

2017-01-01

This paper describes a conceptual framework for solutions-focused management of chemical contaminants built on novel and systematic approaches for identifying, quantifying and reducing risks of these substances. The conceptual framework was developed in interaction with stakeholders representing relevant authorities and organisations responsible for managing environmental quality of water bodies. Stakeholder needs were compiled via a survey and dialogue. The content of the conceptual framework was thereafter developed with inputs from relevant scientific disciplines. The conceptual framework consists of four access points: Chemicals, Environment, Abatement and Society, representing different aspects and approaches to engaging in the issue of chemical contamination of surface waters. It widens the scope for assessment and management of chemicals in comparison to a traditional (mostly) perchemical risk assessment approaches by including abatement- and societal approaches as optional solutions. The solution-focused approach implies an identification of abatement- and policy options upfront in the risk assessment process. The conceptual framework was designed for use in current and future chemical pollution assessments for the aquatic environment, including the specific challenges encountered in prioritising individual chemicals and mixtures, and is applicable for the development of approaches for safe chemical management in a broader sense. The four access points of the conceptual framework are interlinked by four key topics representing the main scientific challenges that need to be addressed, i.e.: identifying and prioritising hazardous chemicals at different scales; selecting relevant and efficient abatement options; providing regulatory support for chemicals management; predicting and prioritising future chemical risks. The conceptual framework aligns current challenges in the safe production and use of chemicals. The current state of knowledge and implementation

Personal Dignity in the European Legal Culture

Directory of Open Access Journals (Sweden)

Lyudmila V. Butko

2017-09-01

Full Text Available The article presents the genesis of the origins of forming the legal mechanisms to protect the personal dignity in the European legal culture. It is noted that the legal content of dignity is predetermined by the moral aspect of consideration. In addition, the definition of "dignity" was transformed under the influence of the development of legal norms, doctrine and practice of protecting a person's rights and freedoms, the foundations of civil society and legal awareness. The chronological period of research was limited to the XIII-XIX centuries, within which the authors, using a comparative legal method, defined the directions of conceptualization and formalization of the personal dignity by scientists and legislation in the European countries. As a conclusion, it is shown that the observance of the right to personal dignity by the state will not only promote the exaltation of human dignity, but also simultaneously initiate the expansion of public law compensated by increasing the subjective rights.

Contemporary Conceptual Approaches in Fluvial Geomorphology

Directory of Open Access Journals (Sweden)

Mônica dos Santos Marçal

2016-06-01

Full Text Available Contemporary fluvial geomorphology faces challenging questions, especially as it goes by understanding the Late Holocene/Anthropocene period, which has repercussions today and are intrinsically important to understand the human river disturbance. Given the scale that physical rates operate in complex river systems, two conceptual paths were developed to analyze the spatial and temporal organization. The network view emphasizes controls on catchment-scale and a reach approach focuses on discontinuity and local controls. Fluvial geomorphology has seek to understand the organization of complex river systems from the integrated view of the continuity and discontinuity paradigm. This integrated approach has stimulated within the geomorphology, the emergence of new theoretical-methodological instruments. It is recognized that rivers management is an ongoing process, part of the socio-cultural development, which refers to both a social movement and scientific exercise.

LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA

OpenAIRE

Aan Aswari

2017-01-01

The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...

Legal Security on Cellphone Trading Through Electronic Media in Indonesia

OpenAIRE

Aswari, Aan; Pasamai, Syamsudin; Qomar, Nurul; Abbas, Ilham

2017-01-01

The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in p...

Conceptualizing Stakeholders' Perceptions of Ecosystem Services: A Participatory Systems Mapping Approach

Science.gov (United States)

Lopes, Rita; Videira, Nuno

2015-12-01

A participatory system dynamics modelling approach is advanced to support conceptualization of feedback processes underlying ecosystem services and to foster a shared understanding of leverage intervention points. The process includes systems mapping workshop and follow-up tasks aiming at the collaborative construction of causal loop diagrams. A case study developed in a natural area in Portugal illustrates how a stakeholder group was actively engaged in the development of a conceptual model depicting policies for sustaining the climate regulation ecosystem service.

Conceptualizing Stakeholders’ Perceptions of Ecosystem Services: A Participatory Systems Mapping Approach

Directory of Open Access Journals (Sweden)

Lopes Rita

2015-12-01

Full Text Available A participatory system dynamics modelling approach is advanced to support conceptualization of feedback processes underlying ecosystem services and to foster a shared understanding of leverage intervention points. The process includes systems mapping workshop and follow-up tasks aiming at the collaborative construction of causal loop diagrams. A case study developed in a natural area in Portugal illustrates how a stakeholder group was actively engaged in the development of a conceptual model depicting policies for sustaining the climate regulation ecosystem service.

Safeguards agreements - Their legal and conceptual basis

International Nuclear Information System (INIS)

Sanders, B.; Rainer, R.H.

1977-01-01

The application of Agency safeguards requires treaty arrangements (Safeguards Agreements) between the State or States concerned and the Agency. The authority for the Agency to conclude such agreements and to implement them is provided for in the Agency's Statute. On the basis of the statutory provisions safeguards principles and procedures have been elaborated. These have been laid down in: The Agency's Safeguards System 1965, extended in 1966 and 1968; and the basis for negotiating safeguards agreements with NNWS pursuant to NPT. The verification of the undertaking by the State concerned not to use items subject to safeguards for purposes contrary to the terms of the agreement is ensured through the application of various safeguards measures. Containment and surveillance measures are expected to play an increasingly important role. One of the specific features of NPT Safeguards Agreements is the establishment of national systems of accounting and control of nuclear material. The majority of the agreements concluded under the non-NPT safeguards agreements implement obligations undertaken under co-operation agreements between States for peaceful uses of nuclear energy. These agreements naturally reflect approaches adopted by the parties, in particular regarding the circumstances under which safeguards should be applied. Thus, the concepts used in the non-NPT safeguards agreements and the Safeguards System document, which is incorporated in these agreements by reference, are in continuous evolution. The Agency's Safeguards System document (INFCIRC/66/Rev.2) continues to be supplemented in practical application and through explicit decision by the Board. The non-NPT safeguards agreements contain, besides technical safeguards provisions from this document, and further provision for notification, inventories and financial matters, legal and political provisions such as sanctions in the case of non-compliance, and privileges and immunities. The paper discusses the

Addressing law and agroecosystems, sovereignty and sustainability from a legal pluralistic perspective

NARCIS (Netherlands)

Hospes, O.

2015-01-01

This paper wants to contribute to the debate on the complex relationships between law and agroecosystems from a legal pluralistic perspective. For this purpose, it first explains what is legal pluralism, and then this notion is used to conceptualize law, the relationship between law and social

Economic and legal conceptual framework of viral marketing

OpenAIRE

Kostić Marija; Jovanović-Tončev Melita; Džamić Vladimir; Knežević Miroslav

2015-01-01

Electronic and online communications are modern, and perhaps the most common form of communication between individuals and legal entities, and thus have become one of the most used ways of market communication. Viral marketing is evolving into the dominant form of marketing and exchange of information for the purpose of advertising, promoting, or achieving other goals. In this paper we present and analyse the phenomenon of viral marketing-its purpose, effects, and power of influence, and disc...

Diversity Management Change Projects: In Need of Alternative Conceptual Approaches?

Directory of Open Access Journals (Sweden)

Christina Evans

2012-09-01

Full Text Available Drawing on a meta-analysis of an evaluation of a European Social Fund project aimed at enhancing employment opportunities for women in Information Technology, Electronic and Computing (ITEC, this paper critically debates how effectual a diversity management approach alone is as an underpinning rationale for change in the complex area of diversity. The paper draws on the experiences of ‘partner organizations’, gathered through interviews conducted during the evaluation stage of the project. The paper discusses some of the tensions experienced by partner organizations, thus providing new insights into why such projects are not as effectual as they might be. The paper concludes by presenting a case for the need to re-conceptualise how change as part of a wider diversity management approach might best be conceptualized. We suggest that a ‘systems approach’ could prove a more fruitful way of conceptualizing change of this nature given the inter-dependences between different organizations and institutions.

Meta-Ethics and Legal Theory : The Case of Gustav Radbruch

OpenAIRE

Spaak, Torben

2009-01-01

The received view among legal theorists has been that Gustav Radbruch’s post-war standpoint was that law and morality are conceptually connected, and that therefore laws that are intolerably unjust are flawed law and must yield to justice; whereas Radbruch’s pre-war stance had been that of a legal positivist and a moral relativist. But recently Stanley Paulson has challenged the received view, arguing that Radbruch really wasn’t a legal positivist before the war, and that Radbruch’s pre-war a...

Alternative legal and institutional approaches to global change

International Nuclear Information System (INIS)

Thacher, P.S.

1991-01-01

The processes of global change currently under way cannot be dealt with in isolation. Factors linked to environmental quality such as demographic growth, economic interdependence and indebtedness, sociopolitical changes, and others must be managed collectively. In looking at the problems of global change, a central question before us is: How comprehensive should a legal regime be in a world of considerable uncertainty in which everything is interrelated with everything else, and what we do may, or may not be, have irreversible consequences for future generations. This article focuses on the problem of global warming to provide a model approach to the larger issues of global change. This reduces the scope of global change to a manageable but representative class of the problems at issue. The author suggests an approach to stabilize global climate by the end of the next century. However, even within this relatively narrow context of stabilizing the climate, a comprehensive approach is needed to address all heat-trapping gases - not just CO 2 - to ensure that all human activities generating these gases are managed properly, without causing other problems

The socio-legal acceptance of new technologies: a close look at artificial insemination.

Science.gov (United States)

Bernstein, Gaia

2002-10-01

Heated debates often surround the introduction of an important new technology into society, as exemplified by current controversies surrounding human cloning and privacy protection on the Internet. Underlying these controversies are disruptions to central socio-legal values caused by these new technologies. Whether new technologies will eventually be accepted by society is often contingent on the reaction of the legal system. This mandates the formulation of a conceptual framework for understanding and structuring the way the law should react in cases surrounding the adoption of new technologies. By using the case study of artificial insemination this Article develops the tools for structuring the legal role in the acceptance process of new technologies. The three-century controversy surrounding the innovation of artificial insemination results from the innovations' disruption of the socio-legal value of the family. Artificial Insemination--although invented in the eighteenth-century--was rarely used until the 1930s, and only legalized in the 1960s. Its application to surrogacy and its use by unmarried women extends the controversy into the twenty-first century. The case study demonstrates the nature of the relationship among the technological, social and legal acceptance processes of new technologies, and analyzes the legal acceptance debate. The conceptual framework produced is useful in understanding and structuring the legal role in current debates surrounding the introduction and acceptance of new technologies.

The Effect of a Conceptual Change Approach on Understanding of Students' Chemical Equilibrium Concepts

Science.gov (United States)

Atasoy, Basri; Akkus, Huseyin; Kadayifci, Hakki

2009-01-01

The purpose of this study was to compare the effects of a conceptual change approach over traditional instruction on tenth-grade students' conceptual achievement in understanding chemical equilibrium. The study was conducted in two classes of the same teacher with participation of a total of 44 tenth-grade students. In this study, a…

Legal significance of environmental protection in foreign investments law

OpenAIRE

Divljak Drago

2013-01-01

The paper presents the analysis of conceptual interaction between foreign investments and environmental protection, as well as its legal repercussions. A part of the paper has been directed towards critical review of the attempt of legal regulating of these relationships at an international level. A special attention was paid to the treatment of the environment in our foreign investments law. It can be concluded that the dominant paradigm of the future direction of development in this field i...

Diagnosing inventory management systems : An empirical evaluation of a conceptual approach

NARCIS (Netherlands)

de Vries, Jan

Although many studies have addressed the diagnosing of inventory systems, the field of operations management still seems to lack a systemised and integrated approach towards analysing inventory management systems. In this article, a contribution is made to fill this gap by proposing a conceptual

Two Methods of Interpersonal Skills Training; Conceptual- versus Response-Oriented Approaches.

Science.gov (United States)

Bohart, Arthur C.; And Others

1979-01-01

Training people in warmth, empathy, and genuineness might fulfill a specific helping role and increase their general social comfort for others. By using conceptual and response-oriented approaches, authors show that training individuals to be effective counselors also helped them be more interpersonally effective. (Author/BEF)

Medical-legal partnerships: the role of mental health providers and legal authorities in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural settings.

Science.gov (United States)

Speldewinde, Christopher A; Parsons, Ian

2015-01-01

Medical-legal partnerships (MLP) are a model in which medical and legal practitioners are co-located and work together to support the health and wellbeing of individuals by identifying and resolving legal issues that impact patients' health and wellbeing. The aim of this article is to analyse the benefits of this model, which has proliferated in the USA, and its applicability in the context of rural and remote Australia. This review was undertaken with three research questions in mind: What is an MLP? Is service provision for individuals with mental health concerns being adequately addressed by current service models particularly in the rural context? Are MLPs a service delivery channel that would benefit individuals experiencing mental health issues? The combined searches from all EBSCO Host databases resulted in 462 citations. This search aggregated academic journals, newspapers, book reviews, magazines and trade publications. After several reviews 38 papers were selected for the final review based on their relevance to this review question: How do MLPs support mental health providers and legal service providers in the development of a coordinated approach to supporting mental health clients' legal needs in regional and rural Australia? There is considerable merit in pursuing the development of MLPs in rural and remote Australia particularly as individuals living in rural and remote areas have far fewer opportunities to access support services than those people living in regional and metropolitan locations. MLPS are important channels of service delivery to assist in early invention of legal problems that can exacerbate mental health problems.

A Conceptual Approach to Teaching Object-Orientation to C Programmers

DEFF Research Database (Denmark)

Madsen, Ole Lehrmann; Torgersen, Mads; Røn, Henrik

1998-01-01

This paper describes experiences from a three-day course held as part of a collaborative research project, in which object-oriented programming was taught to a group of engineers who were all proficient C programmers. Our approach to teaching object-oriented programming focuses on conceptual...... modeling, emphasizing that object-orientation is not a bag of solutions and technology; rather, object-orientation is a means to understand, describe (model) and communicate. The paper describes a general approach to teaching object-oriented programming to C-programmers and reports on the experience from...

Development and application of a conceptual approach for defining high-level waste

International Nuclear Information System (INIS)

Croff, A.G.; Forsberg, C.W.; Kocher, D.C.; Cohen, J.J.; Smith, C.F.; Miller, D.E.

1986-01-01

This paper presents a conceptual approach to defining high-level radioactive waste (HLW) and a preliminary quantitative definition obtained from an example implementation of the conceptual approach. On the basis of the description of HLW in the Nuclear Waste Policy Act of 1982, we have developed a conceptual model in which HLW has two attributes: HLW is (1) highly radioactive and (2) requires permanent isolation via deep geologic disposal. This conceptual model results in a two-dimensional waste categorization system in which one axis, related to ''requires permanent isolation,'' is associated with long-term risks from waste disposal and the other axis, related to ''highly radioactive,'' is associated with short-term risks from waste management and operations; this system also leads to the specification of categories of wastes that are not HLW. Implementation of the conceptual model for defining HLW was based primarily on health and safety considerations. Wastes requiring permanent isolation via deep geologic disposal were defined by estimating the maximum concentrations of radionuclides that would be acceptable for disposal using the next-best technology, i.e., greater confinement disposal (GCD) via intermediate-depth burial or engineered surface structures. Wastes that are highly radioactive were defined by adopting heat generation rate as the appropriate measure and examining levels of decay heat that necessitate special methods to control risks from operations in a variety of nuclear fuel-cycle situations. We determined that wastes having a power density >200 W/m 3 should be considered highly radioactive. Thus, in the example implementation, the combination of maximum concentrations of long-lived radionuclides that are acceptable for GCD and a power density of 200 W/m 3 provides boundaries for defining wastes that are HLW

Social network approaches to leadership: an integrative conceptual review.

Science.gov (United States)

Carter, Dorothy R; DeChurch, Leslie A; Braun, Michael T; Contractor, Noshir S

2015-05-01

Contemporary definitions of leadership advance a view of the phenomenon as relational, situated in specific social contexts, involving patterned emergent processes, and encompassing both formal and informal influence. Paralleling these views is a growing interest in leveraging social network approaches to study leadership. Social network approaches provide a set of theories and methods with which to articulate and investigate, with greater precision and rigor, the wide variety of relational perspectives implied by contemporary leadership theories. Our goal is to advance this domain through an integrative conceptual review. We begin by answering the question of why-Why adopt a network approach to study leadership? Then, we offer a framework for organizing prior research. Our review reveals 3 areas of research, which we term: (a) leadership in networks, (b) leadership as networks, and (c) leadership in and as networks. By clarifying the conceptual underpinnings, key findings, and themes within each area, this review serves as a foundation for future inquiry that capitalizes on, and programmatically builds upon, the insights of prior work. Our final contribution is to advance an agenda for future research that harnesses the confluent ideas at the intersection of leadership in and as networks. Leadership in and as networks represents a paradigm shift in leadership research-from an emphasis on the static traits and behaviors of formal leaders whose actions are contingent upon situational constraints, toward an emphasis on the complex and patterned relational processes that interact with the embedding social context to jointly constitute leadership emergence and effectiveness. (c) 2015 APA, all rights reserved.

Safeguards agreements - their legal and conceptual basis

International Nuclear Information System (INIS)

Sanders, B.; Rainer, R.

1977-01-01

The application of Agency safeguards requires treaty arrangements (''Safeguards Agreements'') between the State or States concerned and the Agency. The authority for the Agency to conclude such agreements and to implement them is provided for in the Agency's Statute (Articles II, III A.5 and XII). On the basis of the statutory provisions safeguards principles and procedures have been elaborated. These have been laid down in: (a) The Agency's Safeguards System 1965, extended in 1966 and 1968 (INFCIRC/66/Rev.2); and (b) The basis for negotiating safeguards agreements with NNWS pursuant to NPT (INFCIRC/153). The verification of the undertaking by the State concerned not to use items subject to safeguards for purposes contrary to the terms of the agreement is verified through the application of various safeguards measures (design review, records, reports and inspection). Containment and surveillance measures are expected to play an increasingly important role. NPT Safeguards Agreements foresee as one of their specific features the establishment of national systems of accounting and control of nuclear material. The majority of the agreements concluded under document INFCIRC/66/Rev.2 - i.e. the non-NPT safeguards agreements - implement obligations undertaken under co-operation agreements between States for peaceful uses of nuclear energy. These agreements naturally reflect approaches adopted by the parties, in particular as to the circumstances under which safeguards should be applied. Thus, the concepts used in the non-NPT safeguards agreements and the safeguards system of document INFCIRC/66/Rev.2 which is incorporated in these agreements by reference are in continuous evolution. Document INFCIRC/66/Rev.2 continues to be supplemented in practical application and through explicit decision by the Board. The non-NPT safeguards agreements contain, besides technical safeguards provisions from document INFCIRC/66/Rev.2, and further provision for notification, inventories

CONCEPTUAL APPROACHES TO THE EDUCATION OF LIFE-MEANINGFUL VALUES OF TEENAGERS AND EARLY ADOLESCENCE IN UKRAINE

Directory of Open Access Journals (Sweden)

Katherinа Zhurba

2015-04-01

Full Text Available The article presents the conceptual approaches to the upbringing in the education of life-meaningful values of teenagers and early adolescence in Ukraine. The definition of life-meaningful values has been given up. The major problems and contradictions in the upbringing of the Ukrainian children were paid attention to. The dependence of the result of upbringing, from the desire and the participation of all actors: children, parents, teachers is pointed out. Conceptual approaches to education of life values meaning are analyzed on the methodological, theoretical and practical levels. The aspects of the previous researches have been underlined. In this context, a systematic approach determines the integrity of the educational process in primary and high school. Synergetic approach combines the organization and self-organization of the growing personality. Humanistic approach recognizes each child's highest value at school, family, and society. Personal-centered approach provides individual attention to him, to free choice of that or other life-meaningful values. Activity approach provides practice and deed activity of children and shows how the value of the meaning of life affects the behavior of the individual. The theoretical level of substantiation of the concept of education of children of teenagers and early youth gives ability to define key points and concepts. Practical level implies the corresponding experimental activity, the determination of propriate pedagogical conditions, the selection of content, forms and methods of education of teenagers and early adolescence. Conceptual approaches offer the opportunity to develop a modern system of education of the values of the meaning of life of teenagers and early adolescence in Ukraine. Implementation of conceptual approaches aimed at qualitative changes in the education of life-meaningful values among of teenagers and early adolescence.

LEGAL SECURITY ON CELLPHONE TRADING THROUGH ELECTRONIC MEDIA IN INDONESIA

Directory of Open Access Journals (Sweden)

Aan Aswari

2017-05-01

Full Text Available The rapid growth of technology development brings impact on human life related to its utilization. This article analyzes legal security through several components in a cellphone trading through electronic media. This study is a conceptual idea and shows that the implementation of legal security in several components should provide solution to any potential conflicts. A good intention component should be applied to form an ideal legal relation from the beginning to the end and realization in performing its obligation reflect the concrete aspect. Warranty provides protection security for related parties with some governing regulations during transaction. However, some other supporting components have not been effectively contribute to balance the utilization of technology in trading. Keywords: legal security, trading, cellphone, electronic media

Sexism, Sexual Harassment and Sexual Assault: Toward Conceptual Clarity

Science.gov (United States)

2007-01-01

of which are defined legally. The quid pro quo type is the easiest to identify and although frequencies are low, it is the most likely one to be...SEXISM, SEXUAL HARASSMENT AND SEXUAL ASSAULT: TOWARD CONCEPTUAL CLARITY Dr. Richard Harris Department of Social Work and Center for Policy...00-2007 to 00-00-2007 4. TITLE AND SUBTITLE Sexism, Sexual Harassment and Sexual Assault: Toward Conceptual Clarity 5a. CONTRACT NUMBER 5b. GRANT

QFD-ANP Approach for the Conceptual Design of Research Vessels: A Case Study

Science.gov (United States)

Venkata Subbaiah, Kambagowni; Yeshwanth Sai, Koneru; Suresh, Challa

2016-10-01

Conceptual design is a subset of concept art wherein a new idea of product is created instead of a visual representation which would directly be used in a final product. The purpose is to understand the needs of conceptual design which are being used in engineering designs and to clarify the current conceptual design practice. Quality function deployment (QFD) is a customer oriented design approach for developing new or improved products and services to enhance customer satisfaction. House of quality (HOQ) has been traditionally used as planning tool of QFD which translates customer requirements (CRs) into design requirements (DRs). Factor analysis is carried out in order to reduce the CR portions of HOQ. The analytical hierarchical process is employed to obtain the priority ratings of CR's which are used in constructing HOQ. This paper mainly discusses about the conceptual design of an oceanographic research vessel using analytical network process (ANP) technique. Finally the QFD-ANP integrated methodology helps to establish the importance ratings of DRs.

A Conceptual Modeling Approach for OLAP Personalization

Science.gov (United States)

Garrigós, Irene; Pardillo, Jesús; Mazón, Jose-Norberto; Trujillo, Juan

Data warehouses rely on multidimensional models in order to provide decision makers with appropriate structures to intuitively analyze data with OLAP technologies. However, data warehouses may be potentially large and multidimensional structures become increasingly complex to be understood at a glance. Even if a departmental data warehouse (also known as data mart) is used, these structures would be also too complex. As a consequence, acquiring the required information is more costly than expected and decision makers using OLAP tools may get frustrated. In this context, current approaches for data warehouse design are focused on deriving a unique OLAP schema for all analysts from their previously stated information requirements, which is not enough to lighten the complexity of the decision making process. To overcome this drawback, we argue for personalizing multidimensional models for OLAP technologies according to the continuously changing user characteristics, context, requirements and behaviour. In this paper, we present a novel approach to personalizing OLAP systems at the conceptual level based on the underlying multidimensional model of the data warehouse, a user model and a set of personalization rules. The great advantage of our approach is that a personalized OLAP schema is provided for each decision maker contributing to better satisfy their specific analysis needs. Finally, we show the applicability of our approach through a sample scenario based on our CASE tool for data warehouse development.

A potential theory approach to an algorithm of conceptual space partitioning

Directory of Open Access Journals (Sweden)

Roman Urban

2017-12-01

Full Text Available A potential theory approach to an algorithm of conceptual space partitioning This paper proposes a new classification algorithm for the partitioning of a conceptual space. All the algorithms which have been used until now have mostly been based on the theory of Voronoi diagrams. This paper proposes an approach based on potential theory, with the criteria for measuring similarities between objects in the conceptual space being based on the Newtonian potential function. The notion of a fuzzy prototype, which generalizes the previous definition of a prototype, is introduced. Furthermore, the necessary conditions that a natural concept must meet are discussed. Instead of convexity, as proposed by Gärdenfors, the notion of geodesically convex sets is used. Thus, if a concept corresponds to a set which is geodesically convex, it is a natural concept. This definition applies, for example, if the conceptual space is an Euclidean space. As a by-product of the construction of the algorithm, an extension of the conceptual space to d-dimensional Riemannian manifolds is obtained.   Algorytm podziału przestrzeni konceptualnych przy użyciu teorii potencjału W niniejszej pracy zaproponowany został nowy algorytm podziału przestrzeni konceptualnej. Dotąd podział taki zazwyczaj wykorzystywał teorię diagramów Voronoi. Nasze podejście do problemu oparte jest na teorii potencjału Miara podobieństwa pomiędzy elementami przestrzeni konceptualnej bazuje na Newtonowskiej funkcji potencjału. Definiujemy pojęcie rozmytego prototypu, który uogólnia dotychczas stosowane definicje prototypu. Ponadto zajmujemy się warunkiem koniecznym, który musi spełniać naturalny koncept. Zamiast wypukłości zaproponowanej przez Gärdenforsa, rozważamy linie geodezyjne w obszarze odpowiadającym danemu konceptowi naturalnemu, otrzymując warunek mówiący, że koncept jest konceptem naturalnym, jeżeli zbiór odpowiadający temu konceptowi jest geodezyjnie wypuk

On becoming multicultural in a monocultural research world: A conceptual approach to studying ethnocultural diversity.

Science.gov (United States)

Hall, Gordon C Nagayama; Yip, Tiffany; Zárate, Michael A

2016-01-01

Race, culture, and ethnicity are critical components of the human experience, yet they are often treated as nuisance variables or as post hoc explanations for poorly predicted results. Mandates to pay attention to ethnocultural diversity in research have largely been ignored. Here, we affirm some basic principles of multicultural psychology in conceptually grounded research. We first identify the importance of clear and conceptually guided ethnocultural research, and describe multiple perspectives in the field. The first perspective, a generalizability approach, seeks to find similarities and universalities across diverse groups. The second perspective, a group differences approach, attempts to determine the generalizability and limits to generalizability across different groups that are assumed to represent different cultures. The third perspective, multicultural psychology, involves specifying and measuring the mechanisms of cultural influences on behavior in ethnocultural groups underrepresented in research. In contrast to conventional approaches to culture that apply existing models to other groups, we propose an "inside-out" model that prizes the perspectives of those in ethnocultural communities that are underrepresented in research and places a secondary emphasis on generalizability. We follow with examples and new directions for multicultural psychology research. This approach has the potential to enhance researchers' ability to answer conceptually derived research questions and in combination with the other approaches promises to enhance the advancement of psychological science generally. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

Desarrollo Conceptual: Perspectivas Actuales en la Adquisición Temprana de Conceptos Conceptual Development: Current Approaches to Children's Early Concept Acquisition

Directory of Open Access Journals (Sweden)

Andrea Sabina Taverna

2009-01-01

Full Text Available Se examinan cuatro propuestas teóricas actuales acerca de la formación y desarrollo temprano de conceptos: aproximaciones innatistas, enfoques asociacionistas, teorías del conocimiento nuclear y perspectivas socio-culturales. Las propuestas concuerdan en que los conceptos cumplen un rol importante en el desarrollo cognitivo, pero difieren marcadamente en el modo de explicar su adquisición y desarrollo temprano. Estas divergencias reeditan debates filosóficos clásicos acerca del lugar de la naturaleza, la experiencia, la razón y la cultura en el desarrollo del conocimiento. Se discute la necesidad de reconsiderar el desarrollo conceptual a la luz de modelos teóricos más inclusivos, si se pretende avanzar críticamente en una aproximación teórica general acerca de la formación y desarrollo de conceptos en la infancia.Four current theoretical proposals about early conceptual acquisition and development are examined: nativist perspectives, associationist views, core-knowledge theories, and socio-cultural approaches. The proposals agree that concepts play an important role in children's cognitive development, but they differ in their explanation as to how these are acquired and their early development. These differences date back to classical philosophical debates about the role of nature, experience, reason, and culture in the development of knowledge. The need to revisit conceptual development with a more inclusive theoretical approach is discussed, if critical advancement towards a general theoretical approach for understanding the formation and development of concepts in early childhood is to be achieved.

Trust in Legal Institutions: an Empirical Approach from a Social Capital Perspective

Directory of Open Access Journals (Sweden)

Mariana Zuleta Ferrari

2016-12-01

Full Text Available Over the last decades, there is a growing public perception that some of the democratic institutions and frameworks, which were once taken for granted, are now showing their flaws, inefficiencies, increasingly struggling to keep up with society’s demands and expectations. This has led to a generalized feeling of uncertainty and disappointment, resulting in a lack of trust institutions. The implications of these circumstances on legal theory cannot be overlooked; this article aims to address the problem from an innovative perspective. A unique tool is presented in this article, which proposes a methodological agenda for approaching trust in legal institutions, from the perspective of the social capital theory. To this end, different variables and social capital dynamics will be identified and discussed in relation to trust in legal institutions. The aim is to, on one hand, provide an innovative methodological contribution to better understand the trust crisis, and in particular, the public perception towards legal institutions, and on the other, expand the analysis of social capital dimensions. Durante las últimas décadas, ha sido posible observar una creciente percepción general de que instituciones y estructuras democráticas que años atrás eran dadas por sentadas, presentan, hoy en día, fallas e ineficiencias que dificultan su capacidad de acompañar las demandas y expectativas de la sociedad. Ello ha llevado a un estado generalizado de incertidumbre y decepción, que resulta en la falta de confianza en las instituciones. Las implicancias de estas circumstancias para la teoría legal no pueden ser subestimadas. Este artículo aborda el problema desde una pespectiva innovadora. Presenta una herramienta única que propone una agenda metodológica para aproximarse a la temática de la confianza en las instituciones legales, desde la perspectiva de la teoría del capital social. A este fin, distintas variables y dinámicas del capital

Using a Conceptual-Change Approach to Help Preservice Science Teachers Reorganize Their Knowledge Structures for Constructivist Teaching

Science.gov (United States)

Dhindsa, H. S.; Anderson, O. R.

2004-02-01

This study, based on constructivist learning theory, examined how effectively preservice chemistry teachers (N = 43) can be educated to think flexibly and to reorganize their thinking in a way that may complement diverse ways students approach the subject domain. The teacher's cognitive structure was assessed prior to and after a conceptual change intervention using flow-map narrative analyses. There was a significant change in the organization of the preservice teacher's narrative after the conceptual change intervention, including greater networking of ideas and more thematic development of the content. Hence, a conceptual change approach may be a useful way to educate teachers to be more responsive to student individual differences when planning and delivering science lessons.

A Political, Economic, Social, Technology, Legal and Environmental (PESTLE Approach for Risk Identification of the Tidal Industry in the United Kingdom

Directory of Open Access Journals (Sweden)

Athanasios Kolios

2013-09-01

Full Text Available This paper presents a comprehensive analysis of renewable and especially tidal energy through a political, economic, social, technology, legal and environmental (PESTLE analysis approach and by reviewing the most up to date relevant literature. The study focuses on the United Kingdom given the favourable environmental resources for such technologies; the number of different design concepts that are currently under development as well as the research funding that has been invested over the last few years. Findings of the analysis identify the risks and multiple stakeholders involved at all stages of the tidal energy projects development from the conceptualization of the design, right through to decommissioning. Many of the stakeholders present benefits to the tidal developers through funding, incentives and knowledge sharing, but at the same time they also present potential risks to the future of projects. This is mostly down to different approaches of the most important aspect of tidal energy that needs to be considered, making it hard for technologists and developers to equally address all requirements. From this research it can be concluded that several of these risks can be mitigated early on providing that particular stakeholders are involved at the correct stage of a project.

Design Research as Conceptual Designing

DEFF Research Database (Denmark)

Ylirisku, Salu; Jacucci, Giulio; Sellen, Abigail

2015-01-01

define conceptual designing as a constructive framing and re-framing activity, which is mediated by and targeted at the creation of new design concepts. Conceptual designing as an approach is valuable for addressing the fuzziness and ambiguity typical of research that explores novel areas with new...... partners, methods and resources. It is by no means a new phenomenon, and the main contribution of the article is the clarification of conceptual designing as a particular approach to designing and researching. The approach embraces openness, resource-construction and collaboration. We conclude...... that conceptual designing can be especially useful in research and design projects that bring different kinds of people, organizations, technologies and domains together into the forming of new well-founded proposals for development. The presentation of conceptual designing in this paper is written...

A strategic approach to the conceptual design of complex radwaste facilities

International Nuclear Information System (INIS)

Mackay, Stewart; Scott Dam, A.; Holmes, Robert G.G.

1992-01-01

The design of radwaste treatment facilities is often complicated by the variety of waste types being treated. Further uncertainties over their composition and final waste form specifications can make the normal conceptual design phase difficult and unreliable. This paper describes the strategic planning necessary to define the facility functions and the process to prepare a Functional Design Criteria. The paper shows clearly, that for complex waste management problems, it is vital to consider and resolve uncertainties by means of a strategic plan before embarking on conceptual design. The paper shows an approach to preparation of design criteria using functional analysis. The paper provides examples where these methods were and are being used, both in the U.K. and the U.S. Strategic plans and functional criteria can be used as a basis for conceptual design which then provides a more meaningful basis for detailed technology selection during the detailed design process. The paper discusses experiences and lessons learned in the planning process. This process is widely applicable to a number of complex waste treatment facilities being planned and developed to process wastes generated at government facilities. (author)

A sense of self-suspicion: global legal pluralism and the claim to legal authority

Directory of Open Access Journals (Sweden)

Mariano Croce

2015-03-01

Full Text Available Legal pluralism has become common currency in many contemporary debates on law and globalization. Its main claim is that a form of global legal pluralism represents both the most accurate description of law in times of globalization and the best normative option. On the descriptive level, global legal pluralism is considered more reliable than state-based accounts. On the normative level, global legal pluralism is understood as a possibility to open up the legal realm to previously unheard voices. This article assesses these claims against the background of classic legal-pluralist scholarship. After reconstructing the emergence of global legal pluralism and then examining its epistemic and normative versions, the last two sections identify the shortcoming of this approach by underlining the absence of what the authors call ‘a sense of self-suspicion’ in drawing the map of legalities in the global sphere. The main argument put forward is that global legal pluralism is oblivious of a few key insights offered by the founding fathers of classic legal pluralism.

Conceptual Challenges of the Systemic Approach in Understanding Cell Differentiation.

Science.gov (United States)

Paldi, Andras

2018-01-01

The cells of a multicellular organism are derived from a single zygote and genetically identical. Yet, they are phenotypically very different. This difference is the result of a process commonly called cell differentiation. How the phenotypic diversity emerges during ontogenesis or regeneration is a central and intensely studied but still unresolved issue in biology. Cell biology is facing conceptual challenges that are frequently confused with methodological difficulties. How to define a cell type? What stability or change means in the context of cell differentiation and how to deal with the ubiquitous molecular variations seen in the living cells? What are the driving forces of the change? We propose to reframe the problem of cell differentiation in a systemic way by incorporating different theoretical approaches. The new conceptual framework is able to capture the insights made at different levels of cellular organization and considered previously as contradictory. It also provides a formal strategy for further experimental studies.

Conceptualizing the Engaging Bystander Approach to Sexual Violence Prevention on College Campuses

Science.gov (United States)

McMahon, Sarah; Postmus, Judy L.; Koenick, Ruth Anne

2011-01-01

Bystander intervention offers promise as a sexual violence prevention tool for student affairs administrators on college campuses, but the conceptualization and definition of the approach is in its infancy and needs further development. In an effort to emphasize the potential role of bystanders in the primary prevention of sexual violence, we put…

Legal requirements for long-lasting radioactive waste disposal; Rechtliche Anforderungen der Beseitigung hochradioaktiver langlebiger Abfaelle

Energy Technology Data Exchange (ETDEWEB)

Giesselmann, Matthias

2016-07-01

The topic of nuclear disposal has been treated in juridical regard up to now only rudimentary. To this day the federation has not met the legal obligation existing for roughly 40 years to set up a plant for the safekeeping and for the permanent storage of highly-radioactive waste. Repeatedly changed disposal-conceptual approaches have contributed perpetually to a temporal shift of the ''dumping question'' into an uncertain future. Against this background it seems necessary on to examine whether such a ''politics of ephemeral solution attempts'' is legally to be accepted (any longer). Hence, including the recently remitted site selection law the author works out extensively the removal regime applying in Germany for highly radioactive long-lasting rubbish and verifies his compatibility with the European law, the German constitutional law and the thematically relevant International treaty law.

Sustainable employability - definition, conceptualization, and implications: A perspective based on the capability approach

NARCIS (Netherlands)

Klink, J.J. van der; Bultmann, U.; Burdorf, A.; Schaufeli, W.B.; Zijlstra, F.R.; Abma, F.I.; Brouwer, S.; Wilt, G.J. van der

2016-01-01

OBJECTIVES: The aim of this paper is to propose a new model of sustainable employability based on the capability approach, encompassing the complexity of contemporary work, and placing particular emphasis on work-related values. METHODS: Having evaluated existing conceptual models of work, health,

Sustainable employability - definition, conceptualization, and implications : A perspective based on the capability approach

NARCIS (Netherlands)

van der Klink, Jac J. L.; Bultmann, Ute; Burdorf, Alex; Schaufeli, Wilmar B.; Zijlstra, Fred R. H.; Abma, Femke I.; Brouwer, Sandra; van der Wilt, Gert Jan

Objectives The aim of this paper is to propose anew model of sustainable employability based on the capability approach, encompassing the complexity of contemporary work, and placing particular emphasis on work-related values. Methods Having evaluated existing conceptual models of work, health, and

Legal-Economic Ownership and Generational Transfer in Family Business: Facets of Owner's Responsibility

OpenAIRE

Nemilentsev, Mikhail

2010-01-01

In the following paper a conceptual framework of the owner’s responsibility is created in order to study the transgenerational legal-economic ownership in the family business. Responsible ownership involves a sense of accountability and entrepreneurship to some extent. However, legal and social responsibilities naturally supplement each other in the family firm. Owners by means of personal relationships and financial guarantees are responsible for carrying out daily business operations and ma...

Dementia and legal competency.

Science.gov (United States)

Filaković, Pavo; Erić, Anamarija Petek; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

2011-06-01

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity - fully or partially. Given the increasing number of persons with dementia, they are often subjects of legal expertise concerning their legal capacity. On the other part, emphasis on the civil rights of mentally ill also demands their maximal protection. Therefore such distinctive issue is approached with particular attention. The approach in determination of legal competency is more focused on gradation of it's particular aspects instead of existing dual concept: legally capable - legally incapable. The main assumption represents how person with dementia is legally capable and should enjoy all the rights, privileges and obligations as other citizens do. The aspects of legal competency for which person with dementia is going to be deprived, due to protection of one's rights and interests, are determined in legal procedure and then passed over to the guardian decided by court. Partial annulment of legal competency is measure applied when there is even one existing aspect of preserved legal capability (pension disposition, salary or pension disposition, ability of concluding contract, making testament, concluding marriage, divorce, choosing whereabouts, independent living, right to vote, right to decide course of treatment ect.). This measure is most often in favour of the patient and rarely for protection of other persons and their interests. Physicians are expected to precisely describe early dementia symptoms which may influence assessment of specific aspects involved in legal capacity (memory loss, impaired task

The legal reasoning skills. Theoretical considerations

Directory of Open Access Journals (Sweden)

Lisett D. Páez Cuba

2014-06-01

Full Text Available This research analyzes the legal reasoning as essential skills to the teaching - learning process of law. This approach is based on a theoretical systematization of the Theory of Legal Argumentation (TLA that allows the conception of law as an argumentative act itself. It also determines, as a new element, the inclusion of legal argumentation as the final phase of the law cycle, which has particular impact on the teaching of this science. In this regard, the proposal of three skills of legal reasoning is made: interpreting the law, enforce the rule of law and legally argue the legal decision.

Sustainable employability - definition, conceptualization, and implications : A perspective based on the capability approach

NARCIS (Netherlands)

van der Klink, J.J.L.; Bültmann, U.; Burdorf, A.; Schaufeli, W.B.; Zijlstra, F.R.H.; Abma, F.I.; Brouwer, S.; van der Wilt, G.J.

2016-01-01

Objectives The aim of this paper is to propose a new model of sustainable employability based on the capability approach, encompassing the complexity of contemporary work, and placing particular emphasis on work-related values. Methods Having evaluated existing conceptual models of work, health, and

Protocol: developing a conceptual framework of patient mediated knowledge translation, systematic review using a realist approach

OpenAIRE

Wiljer David; Webster Fiona; Brouwers Melissa C; Légaré France; Gagliardi Anna R; Badley Elizabeth; Straus Sharon

2011-01-01

Abstract Background Patient involvement in healthcare represents the means by which to achieve a healthcare system that is responsive to patient needs and values. Characterization and evaluation of strategies for involving patients in their healthcare may benefit from a knowledge translation (KT) approach. The purpose of this knowledge synthesis is to develop a conceptual framework for patient-mediated KT interventions. Methods A preliminary conceptual framework for patient-mediated KT interv...

ABOUT THE ORGANIZATION OF THE LEGAL FOUNDATIONS OF THE NEW EDITION OF THE UKRAINIAN AIR CODE

Directory of Open Access Journals (Sweden)

R. T. Baran

2009-06-01

Full Text Available The authors’ own scientific and practical approaches to the issuing of the clauses of new Air Code of Ukraine are proposed. There are presented the conceptual basics of organization and legal regulation of the legislative instructions, which especially concern to the chapters regarding regulation of the conditions and order of use of the air space of Ukraine, organizational and economic aspects of activities of airports etc. The models of structuring the organizational subsystems for the commercial and state sectors of the air space and the forms of the organizationalandmanagerial structures, managerial methods and economical airport systems are also proposed.

Legal capacity of persons with disabilities in Ethiopia: The need to reform existing legal frameworks.

Science.gov (United States)

Marishet, Mohammed Hamza

The Convention on the Rights of Persons with Disabilities (CRPD) prohibited deprivation legal capacity of persons with disability based on assessment of mental capacity. The assertion is that, persons with disabilities shall exercise their legal capacity in all aspects of life without any restrictions that are based on mental incapacity (such as, unsoundness of mind, deficit in mental capacity, dotage, etc. This approach signifies a shift from substituted decision making, where another person act on behalf of persons with mental disabilities, to supported decision making where the person with mental disability is assisted in decision making. The rationale for the move lies on the recognition that the right to legal capacity embodies the inherent meaning of what it meant to be human. Without legal capacity a person cannot exercise all other rights and entitlements. Accordingly, States parties to CRPD are required to reform domestic legislations that are based on substituted decision making model and recognize full legal capacity of persons with disabilities in line with supported decision making model. As a Sate party to CRPD, Ethiopia assumed the same obligation. Nonetheless, in its initial report to the Committee on CRPD, the country denies existence of legislation that restricts legal capacity on the grounds of mental incapacity. This research found out that there are restrictions imposed on legal capacity of persons with disabilities on the basis of mental incapacity/disability. The research analyzed the approach employed to restrict legal capacity under the existing legal frameworks of Ethiopia vis-à-vis supported decision-making regime under CRPD. The research is doctrinal and, as such, limited to content analysis of general and specific legal capacity laws of the country (such as, marriage, divorce, will, work and employment, political participation, access to justice and others). Copyright © 2017 Elsevier Ltd. All rights reserved.

Microcredit and the social determinants of health: a conceptual approach.

Science.gov (United States)

Salt, Rebekah

2011-01-01

Social determinants of health, such as human behavior, environment, and socioeconomics, contribute to health disparities at the individual and population levels. The association between socioeconomics and health is established, and it is acknowledged that people with a lower socioeconomic status experience poorer health. The impetus of microcredit programs is to provide financial alternatives for low-income populations, the majority of whom are women with limited or no access to traditional lending, to start small businesses, generate income, and progress toward self-sufficiency. The income-health link within the context of microcredit has been internationally acknowledged; however, there is scarce research in this area in the United States. This article presents a review of the conceptual approach used to explore the microcredit and health link from a public health nursing perspective. Establishing conceptual foundations can enhance research focused on targeted interventions aimed at lasting change in social and health status. Exploring the link between microcredit and health can enrich research efforts and may offer innovative strategies and interventions to improve health-promoting capacity in impoverished groups. © 2011 Wiley Periodicals, Inc.

The Effect of Cooperative Learning Approach Based on Conceptual Change Condition on Students' Understanding of Chemical Equilibrium Concepts

Science.gov (United States)

Bilgin, Ibrahim; Geban, Omer

2006-01-01

The purpose of this study is to investigate the effects of the cooperative learning approach based on conceptual change conditions over traditional instruction on 10th grade students' conceptual understanding and achievement of computational problems related to chemical equilibrium concepts. The subjects of this study consisted of 87 tenth grade…

Learning in Earth and Space Science: A Review of Conceptual Change Instructional Approaches

Science.gov (United States)

Mills, Reece; Tomas, Louisa; Lewthwaite, Brian

2016-01-01

In response to calls for research into effective instruction in the Earth and space sciences, and to identify directions for future research, this systematic review of the literature explores research into instructional approaches designed to facilitate conceptual change. In total, 52 studies were identified and analyzed. Analysis focused on the…

Fraud Indicators Applied to Legal Entities : An Empirical Ranking Approach

NARCIS (Netherlands)

S. van den Braak; R. Choenni; M.S. Bargh

2014-01-01

Legal persons (i.e., entities such as corporations, companies, partnerships, firms, associations, and foundations) may commit financial crimes or employ fraudulent activities like money laundering, tax fraud, or bankruptcy fraud. Therefore, in the Netherlands legal persons are automatically screened

Bringing appraisal theory to environmental risk perception: a review of conceptual approaches of the past 40 years and suggestions for future research

NARCIS (Netherlands)

Keller, Carmen; Bostrom, Ann; Kuttschreuter, M.; Savadori, Lucia; Spence, Alexia; White, Mathew

2012-01-01

An intensive program of 40 years of research has produced various conceptual cognitive and affective approaches to environmental risk perception. In this short review of the most relevant conceptual approaches, appraisal theory is presented as a useful means of integrating cognitive and affective

Health and Human Rights : In Search of the Legal Dimension

NARCIS (Netherlands)

Toebes, Brigit

2015-01-01

Abstract: – This paper explores the legal contours of the field of ‘health and human rights’ as a new and emerging field of human rights law. After an analysis of its conceptual foundations, it explains illustrates how health and human rights evolved from a phase of standard-setting to a field that

Identifying technology innovations for marginalized smallholders-A conceptual approach.

Science.gov (United States)

Malek, Mohammad Abdul; Gatzweiler, Franz W; Von Braun, Joachim

2017-05-01

This paper adds a contribution in the existing literature in terms of theoretical and conceptual background for the identification of idle potentials of marginal rural areas and people by means of technological and institutional innovations. The approach follows ex-ante assessment for identifying suitable technology and institutional innovations for marginalized smallholders in marginal areas-divided into three main parts (mapping, surveying and evaluating) and several steps. Finally, it contributes to the inclusion of marginalized smallholders by an improved way of understanding the interactions between technology needs, farming systems, ecological resources and poverty characteristics in the different segments of the poor, and to link these insights with productivity enhancing technologies.

Legal aspects of unitization: a comparative approach; Aspectos juridicos da unitizacao: uma abordagem comparativa

Energy Technology Data Exchange (ETDEWEB)

Cunha, Amanda L. [PETROBRAS S.A., Rio de Janeiro, RJ (Brazil)

2004-07-01

The objective of this paper is the study of unitization under a comparative approach between the legal system of some of the most important countries in mature production of oil and gas as well of those which represent the new frontier in exploration and production of these natural resources, and also the provisions regarding unitization in the Brazil's legal system. Firstly, concepts and classifications about unitization, the historical context related to it, and the different doctrines regarding unitization will be analyzed. This analysis will be done considering the concepts developed by American jurisprudence, since it was in the United States where the first thesis regarding unitization were developed, such as the rule of capture and the correlative rights doctrines. Afterwards, it will be presented a study of some unitization's provisions found in different countries' statutes, regulations and contracts such as leases, production sharing agreements, concession contracts etc., being pointed the similarities and differences related to Brazil's legal system. Finally, the national legislation in force as well the Model Concession Contract of ANP's Sixth Round will be analyzed. (author)

CONCEPTUAL APPROACH TO IDENTIFICATION OF THE PROTECTION OF THE ORGANIZATION OF MANAGEMENT ACCOUNT FOR BUILDING ENTERPRISES

Directory of Open Access Journals (Sweden)

Nadiia Pylypiv

2017-08-01

Full Text Available The article examines the issue of determining the necessary provision of the process of organizing management accounting in construction companies in order to form a conceptual approach to its identification, taking into account changes in the modern information environment. Established that the technological process of accounting procedures should be ensured: organizationally, informational, technically, methodically, socially, ergonomically and resourcefully. According to the results of the research, the classification of resource support for the management accounting process has been developed, which determines the importance of using such resources in order to successfully implement the strategy of enterprise development in the modern information environment. Keywords: managerial accounting, organization, security, conceptual approach, building enterprise.

183 Legal/Judicial Enforcement Approaches towards Prevention ...

African Journals Online (AJOL)

User

2012-01-24

Jan 24, 2012 ... The issue of children living with HIV is a serious problem in Nigeria. This .... The pregnant woman must not be exposed to work or environment which ..... cultural, legal and other barrier to HIV and AIDS . socio-cultural barriers.

Further Conceptualizing Ethnic and Racial Identity Research: The Social Identity Approach and Its Dynamic Model.

Science.gov (United States)

Verkuyten, Maykel

2016-11-01

This article proposes a further conceptualization of ethnic and racial identity (ERI) as a fundamental topic in developmental research. Adding to important recent efforts to conceptually integrate and synthesize this field, it is argued that ERI research will be enhanced by more fully considering the implications of the social identity approach. These implications include (a) the conceptualization of social identity, (b) the importance of identity motives, (c) systematic ways for theorizing and examining the critical role of situational and societal contexts, and (d) a dynamic model of the relation between ERI and context. These implications have not been fully considered in the developmental literature but offer important possibilities for moving the field forward in new directions. © 2016 The Author. Child Development © 2016 Society for Research in Child Development, Inc.

The Effect of Constructivist Learning Using Scientific Approach on Mathematical Power and Conceptual Understanding of Students Grade IV

Science.gov (United States)

Kusmaryono, Imam; Suyitno, Hardi

2016-02-01

This study used a model of Concurrent Embedded with the aim of: (1) determine the difference between the conceptual understanding and mathematical power of students grade fourth who take the constructivist learning using scientific approach and direct learning, (2) determine the interaction between learning approaches and initial competence on the mathematical power and conceptual of understanding, and (3) describe the mathematical power of students grade fourth. This research was conducted in the fourth grade elementary school early 2015. Data initial competence and mathematical power obtained through tests, and analyzed using statistical tests multivariate and univariate. Statistical analysis of the results showed that: (1) There are differences in the concept of understanding and mathematical power among the students who follow the scientifically-based constructivist learning than students who take the Direct Learning in terms of students initial competency (F = 5.550; p = 0.007 problem solving and contributes tremendous increase students' math skills. Researcher suggested that the learning of mathematics in schools using scientifically- based constructivist approach to improve the mathematical power of students and conceptual understanding.

€œLegal Boundaries of Online Advertising"

OpenAIRE

Gürkaynak, Gönenç; Yılmaz, İlay; Yeşilaltay, Burak

2014-01-01

This contribution discusses the legal framework of online advertising and common legal issues pertaining thereto. This paper also addresses the implementation of general legal provisions to online advertising issues in different jurisdictions and the diversity of approaches. It provides the legal boundaries that are specifically applicable to online advertising. The paper then provides a legal analysis on online advertising with a focus on Turkish laws and practice. In the conclusion, there a...

The Normative Foundation of Legal Orders: A Balance between Reciprocity and Mutuality

NARCIS (Netherlands)

Pessers, D.

2014-01-01

Reciprocity seems to figure as a self-evident normative foundation of legal orders. Yet a clear understanding of the often opaque role that reciprocity plays in this regard demands drawing a conceptual distinction. This article views reciprocity as a social morality of duties, in opposition to

The Conceptual Framework of Thematic Mapping in Case Conceptualization.

Science.gov (United States)

Ridley, Charles R; Jeffrey, Christina E

2017-04-01

This article, the 3rd in a series of 5, introduces the conceptual framework for thematic mapping, a novel approach to case conceptualization. The framework is transtheoretical in that it is not constrained by the tenets or concepts of any one therapeutic orientation and transdiagnostic in that it conceptualizes clients outside the constraints of diagnostic criteria. Thematic mapping comprises 4 components: a definition, foundational principles, defining features, and core concepts. These components of the framework, deemed building blocks, are explained in this article. Like the foundation of any structure, the heuristic value of the method requires that the building blocks have integrity, coherence, and sound anchoring. We assert that the conceptual framework provides a solid foundation, making thematic mapping a potential asset in mental health treatment. © 2017 Wiley Periodicals, Inc.

Revealing conceptual understanding of international business

NARCIS (Netherlands)

Sue Ashley; Dr. Harmen Schaap; Prof.Dr. Elly de Bruijn

2017-01-01

This study aims to identify an adequate approach for revealing conceptual understanding in higher professional education. Revealing students’ conceptual understanding is an important step towards developing effective curricula, assessment and aligned teaching strategies to enhance conceptual

CONCEPTUAL DELIMITATIONS ON SUSTAINABLE DEVELOPMENT

Directory of Open Access Journals (Sweden)

Ienciu Ionel-Alin

2013-07-01

Full Text Available Sustainable development is a model for resource use meant to satisfy human needs, without polluting the environment, so that these needs can be satisfied not only in the present, but in the future as well. It is a concept of nowadays with no generally accepted definition, placing environment first and foremost, aiming at implementing the environmental policies in all structures and at all economic levels. Within the present study we have aimed at creating a conceptual delimitation on sustainable development, sustainability and socialresponsibility, concepts of present interest, that tend to become a mystery for the academic community and practitioners by their variety and complexity of approaches. During our scientific endeavor we believe that social responsibility is the foundation of sustainable development. Sustainable development is a concept used especially at macro-economic level, while social responsibility is used at entity level and incorporates the economic, environmental and social dimension, which has a voluntary character and tries to respond to the information needs of the society and other stakeholders. Sustainability at the entity\\'s level is the goal or final objective of sustainable development – satisfaction of present needs without compromising the possibility for future generations to satisfy their own needs, while social responsibility is an intermediate phase of sustainability wherein entities try to balance the economic, social and environmental dimension. Thus, we can state we include ourselves within social corporatism, slightly close to social institutionalism, which is characteristic to developed countries, giving a particular importance to social contract and relations between entity and society. We believe that in Romania, a POSDRU funded project should be regarded as a legal person with social values, which must be based on sustainable development and to promote, besides legal liability of automatically deriving

Euthanasia in Belgium: legal, historical and political review.

Science.gov (United States)

Saad, Toni C

2017-01-01

This article describes and evaluates the Belgian euthanasia experience by considering its practice and policy, both before and after the formal decriminalisation of euthanasia in 2002. The pre-legal practice of euthanasia, the evolution of euthanasia legislation, criticism of this legislation, the influence of politics, and later changes to the 2002 Act on Euthanasia are discussed, as well as the subject of euthanasia of minors and the matter of organ procurement. It is argued that the Belgian euthanasia experience is characterised by political expedition, and that the 2002 Act and its later amendments suffer from practical and conceptual flaws. Illegal euthanasia practices remain a live concern in Belgium, something which nations who are seeking to decriminalise euthanasia should consider. Copyright © 2017 by the National Legal Center for the Medically Dependent and Disabled, Inc.

Salud pública y propiedad intelectual en Cuba: mapa conceptual

Directory of Open Access Journals (Sweden)

Beatriz García Delgado

Full Text Available OBJETIVO:El objetivo de este estudio es el análisis del marco legal de salud y propiedad intelectual en Cuba y su incidencia en las condiciones de acceso de la población a los recursos de salud y el papel de los diferentes actores sociales. METODOLOGÍA: Se utilizó la metodología desarrollada por la Organización Panamericana de la Salud para la ejecución del Proyecto Mapa Conceptual sobre Salud Pública y Propiedad Intelectual. RESULTADOS: La información recobrada en específico sobre el marco legal y su evolución en el tiempo en Cuba relacionado con el Sistema Nacional de Salud, el Sistema de Propiedad Intelectual y el fortalecimiento de la industria biofarmacéutica del país, fue procesada y analizada generando el Mapa Conceptual sobre Salud Pública y Propiedad Intelectual de Cuba. CONCLUSIONES: El análisis de la experiencia cubana en la adecuación de su marco legal y la evaluación de la interrelación de los actores sociales permite observar cómo la voluntad política existente a lo largo de varias décadas ha impactado de manera positiva en el acceso a la salud de la población.

Revealing Conceptual Understanding of International Business

Science.gov (United States)

Ashley, Sue; Schaap, Harmen; de Bruijn, Elly

2017-01-01

This study aims to identify an adequate approach for revealing conceptual understanding in higher professional education. Revealing students' conceptual understanding is an important step towards developing effective curricula, assessment and aligned teaching strategies to enhance conceptual understanding in higher education. Essays and concept…

THEORETICAL ANALYSIS STUDY OF FORMATION OF FUTURE LEGAL LAWYERS

Directory of Open Access Journals (Sweden)

Eugene Stepanovich Shevlakov

2015-09-01

Full Text Available The article deals with topical issues of formation of legal consciousness of future lawyers in high school. Obtained kinds of legal consciousness of future lawyers, determined its structure. Dedicated components of justice are mutually reinforcing, and provide an opportunity for further development of the personality of the future specialist, their personal growth.The purpose: to carry out theoretical analysis of the problem of formation of legal consciousness of future lawyers.The novelty is based. On the analysis of theoretical appro-aches of pedagogy, psychology, law, the notion of «lawfulness of the future of the law student», which is regarded as a form of social consciousness, which is a set of legal views and feelings, expressing the attitude to the law and legal phenomena that have regulatory in character and which includes know-ledge of legal phenomena and their evaluation from the point of view of fairness and justice, formed in the process of studying in the University.Results: this article analyzes different approaches to understanding the content and essence of the concept of legal consciousness of the legal profession. Define the types and structure of legal consciousness of future lawyers.

Legal clinic gender sensitive method for law students

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2008-01-01

Full Text Available In this paper, the authors discuss models of integrating gender issues, gender perspective and some gender aspects into the university education. In that context, the authors particularly focus on the concept of clinical legal education in legal clinics offering a specific practical model of teaching gender studies. Legal clinics provide for an innovative approach to gender education of prospective legal professional. The teaching method used in these legal clinics is aimed at raising students' awareness of gender issues and common gender-related biases. In the recent period, the Legal Clinic at the Law Faculty in Niš has achieved excellent results in the Clinical legal education program on the women's rights protection, which clearly proves that legal clinics have good prospects in general legal education.

Legal pluralism and social justice in economic and political development

NARCIS (Netherlands)

Benda-Beckmann, von F.

2001-01-01

Legal pluralism is an approach which accepts the possibility that within any given polity, there can be more than one 'legal order' and that the state is not the exclusive source of legal regulation. Nevertheless, defining whether a particular claim or social relation is legally sanctioned is a

Creating legal rights for rivers: lessons from Australia, New Zealand, and India

Directory of Open Access Journals (Sweden)

Erin L. O'Donnell

2018-03-01

Full Text Available As pressures on water resources increase, the demand for innovative institutional arrangements, which address the overuse of water, and underprovision of ecosystem health, is rising. One new and emerging approach is the use of legal personality to protect water systems in law through the granting of legal rights to rivers. This constitutes a significant development in the fields of environmental law and water resources management, yet little analysis is available of how the approach has been used and applied. We critically examine the new legal rights for rivers using three case studies from Australia, New Zealand, and India. We analyze how legal rights have been created in each case, and the complexity of enforcing these legal rights to protect the rivers. We conclude that legal personality could be a useful alternative approach for river management, provided that the new legal rights are given sufficient force and effect.

A legal approach to radioactive waste management

International Nuclear Information System (INIS)

Derche, B.; Rocamora, P.; Salelles, A.

1983-01-01

The authors of this paper review the major legal problems raised by radioactive waste management. They stress the complexity of such problems by posing three main queries: surveillance or no surveillance; liability or no liability and finally internationalisation or national jurisdiction. This analysis seeks to provide food for thought on each point rather than a solution to the questions reviewed. (NEA) [fr

The Legal Nature of Administrative Agencies of the USA

OpenAIRE

David T. Karamanukyan

2016-01-01

In this article the author focuses on the American system of administrative agencies, which are the fundamental pillar for the functioning of administrative justice of the country. A study of the conceptual and taxonomic unit of the current system of administrative agencies of the United States, with the help of comparative analysis of the advantages and disadvantages of legal and doctrinal definitions of the concept of “administrative agency” the author develops an authentic interpretatio...

Legal aspects of thermal discharges

International Nuclear Information System (INIS)

Martin, A.J.

1974-01-01

An overview of those legal areas which directly affect technical and planning decisions is presented in the form of 2 legal approaches which constrain the indiscriminate release of thermal discharges to receiving waters. One takes the form of private remedies which have traditionally been available to aggrieved parties who are in some way damaged by the harmful discharge. The 2nd approach utilizes the various statutory constraints leading to direct governmental action. It appears that statutory law is playing the prominent role in restricting the temperature to which receiving waters may be raised as a result of such discharges by using effluent limitations and water quality standards. (Water Resour. Abstr.)

A descriptivist approach to trait conceptualization and inference.

Science.gov (United States)

Jonas, Katherine G; Markon, Kristian E

2016-01-01

In their recent article, How Functionalist and Process Approaches to Behavior Can Explain Trait Covariation, Wood, Gardner, and Harms (2015) underscore the need for more process-based understandings of individual differences. At the same time, the article illustrates a common error in the use and interpretation of latent variable models: namely, the misuse of models to arbitrate issues of causation and the nature of latent variables. Here, we explain how latent variables can be understood simply as parsimonious summaries of data, and how statistical inference can be based on choosing those summaries that minimize information required to represent the data using the model. Although Wood, Gardner, and Harms acknowledge this perspective, they underestimate its significance, including its importance to modeling and the conceptualization of psychological measurement. We believe this perspective has important implications for understanding individual differences in a number of domains, including current debates surrounding the role of formative versus reflective latent variables. (c) 2015 APA, all rights reserved).

Semantiz Structure of the Legal Term

Directory of Open Access Journals (Sweden)

Екатерина Владимировна Кулевская

2016-12-01

English and Russian law texts and polysemy of legal terms being explained. The research is based on legal terms represented in Oxford Advanced Learner’s Dictionary, New Large English-Russian Dictionary, English-Russian Comprehensive Law Dictionary and Black’s Law Dictionary. The study implements definitive, contextual, conceptual, and contrastive analyses. The results of the study may be used in lexicography, in teaching English to law students and in translation and interpreting training.

Features of legal mechanism environmental responsibility of citizens in Ukraine

Directory of Open Access Journals (Sweden)

О. О. Шинкарьов

2015-05-01

Full Text Available Problem setting. In this article it is examined the main conceptual approaches to understanding the legal arrangement for implementing citizens' environmental obligations. It is noted that despite the diversity of approaches to understanding the arrangement for implementing citizens' environmental responsibilities, most scientists include the concepts of: a a legal implementation arrangement, b the process of practical implementation, c the conditions and factors that influence it.  It is defined that the legal arrangement for implementing environmental obligations is guaranteed by prohibitions and legal regulations. In this case the regulatory legal act has two main functions:    1 prescribes the need to implement the legal obligation, determines it; 2 prescribes a result of the legal obligation implementation. Recent research and publications analysis. Particular attention is paid to the work of scientists in environmental law, including VI Andryeytseva, G. Anisimova, GI Baluk, AP Hetman M. Krasnov, II Karakash, V. Kostytsky, VV Nosik, M. Shulga, S. Shemshuchenko and others. However, most of them concerning coverage of only certain aspects, is a comprehensive analysis of the legal implementation mechanism is still lacking. It's analyzed the characteristics of the legal enforcement for implementing environmental responsibilities by citizens. It is determined that the legal arrangement for the implementation of environmental responsibilities is a part of a general arrangement of the law implementation. Ecological and legal arrangement for the implementation of environmental obligations is defined as a system of legal norms and legal relations by which the State provides the accomplishment of ecological  and legal regulations. Implementation of the constitutional obligations by the citizens is a process that is inherent in environmental responsibilities, in which there are several stages: 1 the ability to execute the obligations which are

Competitive Legal Professionals’ use of Technology in Legal Practice and Legal Research

Directory of Open Access Journals (Sweden)

T du Plessis

2008-12-01

Full Text Available Advances in the information and communication technologies have led to the availability of a range of primary and secondary legal research publications online via the Internet, rather than on other storing devices such as compact discs or publications in the print media. Not only has information and communication technology (ICT impacted on the availability of legal information resources, but its effects are also noticed in various law-related areas such as legal practice management, legal education, corporate governance and the law per se. The question addressed by this article is whether the application of ICTs has an effect on the practice of law, and specifically whether information and knowledge management affects the processes of legal research in modern legal practice. Various issues are considered in this regard, including what the concept of knowledge management (KM entails in a law firm and what the current KM trends in South African law firms are. The article investigates global trends in the application of ICTs for legal research purposes, what the specific applications of KM in support of legal research may be, how information technology applications and KM systems and strategies can support the legal research process, and what the benefits of KM are to legal research. It finally discusses the impact technology has had on the skills required of competitive legal professionals.

Virtual experiments: a new approach for improving process conceptualization in hillslope hydrology

Science.gov (United States)

Weiler, Markus; McDonnell, Jeff

2004-01-01

We present an approach for process conceptualization in hillslope hydrology. We develop and implement a series of virtual experiments, whereby the interaction between water flow pathways, source and mixing at the hillslope scale is examined within a virtual experiment framework. We define these virtual experiments as 'numerical experiments with a model driven by collective field intelligence'. The virtual experiments explore the first-order controls in hillslope hydrology, where the experimentalist and modeler work together to cooperatively develop and analyze the results. Our hillslope model for the virtual experiments (HillVi) in this paper is based on conceptualizing the water balance within the saturated and unsaturated zone in relation to soil physical properties in a spatially explicit manner at the hillslope scale. We argue that a virtual experiment model needs to be able to capture all major controls on subsurface flow processes that the experimentalist might deem important, while at the same time being simple with few 'tunable parameters'. This combination makes the approach, and the dialog between experimentalist and modeler, a useful hypothesis testing tool. HillVi simulates mass flux for different initial conditions under the same flow conditions. We analyze our results in terms of an artificial line source and isotopic hydrograph separation of water and subsurface flow. Our results for this first set of virtual experiments showed how drainable porosity and soil depth variability exert a first order control on flow and transport at the hillslope scale. We found that high drainable porosity soils resulted in a restricted water table rise, resulting in more pronounced channeling of lateral subsurface flow along the soil-bedrock interface. This in turn resulted in a more anastomosing network of tracer movement across the slope. The virtual isotope hydrograph separation showed higher proportions of event water with increasing drainable porosity. When

A case of choking phobia: towards a conceptual approach.

Science.gov (United States)

Lopes, Rui; Melo, Raquel; Curral, Rosário; Coelho, Rui; Roma-Torres, António

2014-03-01

Choking phobia, also known as phagophobia or swallowing phobia is an uncommon clinical entity that has been underappreciated and is included in the new DSM-5 and upcoming ICD-11 diagnostic category of avoidant/restrictive food intake disorder. Phenomenologically distinct from other eating disorders, it is characterized by the phobic stimulus of swallowing that results in the avoidance of food or drinks, and ultimately to low weight, social withdrawal, anxiety and depression states. Its prevalence and long-term course on the general population still needs to be determined, probably reflecting years of indefiniteness regarding its nosology and by the absence of a clear set of diagnostic criteria. We present a clinical case of choking phobia in a 32-year-old male patient after an episode of choke when eating chicken. An early diagnosis and distinction from other eating disorders is important for proper treatment and fundamental for prognosis. We also make a thorough revision on literature in clinical features, differential diagnosis and treatment approaches, suggesting a conceptual approach for choking phobia as a clinical spectrum settled by different degrees of phobic subtypes, which may depend on a varied number of clinical variables.

The legalization of small scale mining in Colombia

Directory of Open Access Journals (Sweden)

Alexandra Urán

2013-11-01

Full Text Available The following article presents conceptual and analytical elements that allow us to broaden the debate about the legalization of the mining in Colombia. Looking for items to be able to propose alternatives in order to consolidate a new mining process socially and environmentally sustainable, claiming the value of the ancestral practices and forms of the redistributive production. To this end, it is necessary to start with the discussion of the concepts of formalization and legality, so that we can generate a theoretical framework that will allow us to explore such delicate matter, we will continue to make the framework socio-political, in which it is based that strategy. Then there is a brief context of thereformulation of legal mining, focusing our attention particularly standards which involves or has effects on artisanal mining and/or small-scale mining. There we will find ourselves with a debate on the typology of the mining and the current difficulties to define schemasof legalization or formalization of small-scale mining in Colombia. To conclude with a proposal to formalize as a mechanism of transition to an administrative system - legislativethat will connect more effectively with the realities and skills of the ethnic communities that practice small-scale mining.

Crude oil and its’ distillation: an experimental approach in High School using conceptual maps

Directory of Open Access Journals (Sweden)

Dionísio Borsato

2006-02-01

Full Text Available Conceptual maps are representations of ideas organized in the form of bidimensional diagrams. In the present work the theme of oil fractional distillation was explored, and the conceptual maps were elaborated both before and after the activities by 43 students from the 1st and 3rd High School grades of a public school in Londrina – PR. The study was conducted theoretically and in practice, with a daily life approach. The use of the motivational theme and the opening text as previous organizers, enabled the establishment of a cognitive link between the students’ previous knowledge and the new concepts. Differences between the maps were verified before and after the activities as well as among the work groups. The students, stimulated by the technique, created better structured maps.

Putting the "social" back in legal socialization: procedural justice, legitimacy, and cynicism in legal and nonlegal authorities.

Science.gov (United States)

Trinkner, Rick; Cohn, Ellen S

2014-12-01

Traditionally, legal socialization theory and research has been dominated by a cognitive developmental approach. However, more recent work (e.g., Fagan & Tyler, 2005) has used procedural justice to explain the legal socialization process. This article presents 2 studies that expand this approach by testing a procedural justice model of legal socialization in terms of legal and nonlegal authority. In Study 1, participants completed surveys assessing the degree to which they perceived 3 authorities (police officers, parents, and teachers) as procedurally fair, the degree to which they perceived the authorities as legitimate, how cynical they were about laws, and the extent of their rule violation during the past 6 months. Across all 3 authorities, legitimacy and legal cynicism mediated the relation between procedural justice and rule violation. Study 2 examined the model with the same 3 authority types using experimental methods. Participants read 3 scenarios describing an interaction between an adolescent and an authority figure where a rule is enforced. Within each scenario, we manipulated whether the adolescent had a voice and whether the authority enforced the rule impartially. After reading each scenario, participants rated the authority's legitimacy, their cynicism toward the authority's rule, and the likelihood they would violate the rule. Again, legitimacy and rule cynicism mediated the relation between impartiality, voice, and rule violation. In addition, impartiality had a stronger effect in the parent and teacher scenarios, whereas voice had a stronger effect in the police scenario. Results are discussed in terms of expanding legal socialization to nonlegal contexts and applying legal socialization research to prevention and intervention strategies. PsycINFO Database Record (c) 2014 APA, all rights reserved.

FUZZY LOGIC IN LEGAL EDUCATION

Directory of Open Access Journals (Sweden)

Z. Gonul BALKIR

2011-04-01

Full Text Available The necessity of examination of every case within its peculiar conditions in social sciences requires different approaches complying with the spirit and nature of social sciences. Multiple realities require different and various perceptual interpretations. In modern world and social sciences, interpretation of perception of valued and multi-valued have been started to be understood by the principles of fuzziness and fuzzy logic. Having the verbally expressible degrees of truthness such as true, very true, rather true, etc. fuzzy logic provides the opportunity for the interpretation of especially complex and rather vague set of information by flexibility or equivalence of the variables’ of fuzzy limitations. The methods and principles of fuzzy logic can be benefited in examination of the methodological problems of law, especially in the applications of filling the legal loopholes arising from the ambiguities and interpretation problems in order to understand the legal rules in a more comprehensible and applicable way and the efficiency of legal implications. On the other hand, fuzzy logic can be used as a technical legal method in legal education and especially in legal case studies and legal practice applications in order to provide the perception of law as a value and the more comprehensive and more quality perception and interpretation of value of justice, which is the core value of law. In the perception of what happened as it has happened in legal relationships and formations, the understanding of social reality and sociological legal rules with multi valued sense perspective and the their applications in accordance with the fuzzy logic’s methods could create more equivalent and just results. It can be useful for the young lawyers and law students as a facilitating legal method especially in the materialization of the perception and interpretation of multi valued and variables. Using methods and principles of fuzzy logic in legal

Political and Legal Doctrine of Simon Bolivar

Directory of Open Access Journals (Sweden)

Mixail V. Fedorov

2014-03-01

Full Text Available Present article is devoted to the legal, political and constitutional ideas of the outstanding leader of war of independence in Latin America Simon Bolivar that was called by his countrymen and contemporaries to be a LIBERATOR. In the present article author discusses complex genesis and evolution of the political and legal doctrine of Simon Bolivar. Review is conducted by author in the context of developing theory and practice of Latin American constitutionalism in the XIX century. Author conceptualized and revealed basic historical patterns of formation and development of Latin American countries during the War of Independence (1810-1826 period. Author conducted comprehensive analysis of the draft constitution which was developed by Simon Bolivar for the newly independent states of Latin America and reveals theoretical and practical problem of choosing Simon Bolivar republican form of government, such as a peculiar institution in the form of principle of the separation of powers, containing the fourth power. Author focuses on the questions of Simon Bolivar’s relationship to the constitutional institute of human rights, idea of relationship between state and church. Article also researches many other political, legal and constitutional ideas of Simon Bolivar, present views of historians, lawyers, political scientists, statesmen and public activists.

Informed consent and the law--an English legal perspective.

Science.gov (United States)

Hassan, Majid

2008-01-01

'Informed consent' is a widely used term, but its application in a legal perspective can be varied. American and Commonwealth jurisdictions have developed a 'patient-based' true informed consent approach, whereas in the English legal system a 'doctor-based' approach has traditionally been applied in relation to disclosure of risk. This article will seek to compare these approaches and give a brief overview of some of the key legal rulings which have shaped the requirement of consent. The decision in the English case of Chester vs. Afshar is considered as showing the significance the court attached to the principle of autonomy and using ethical and policy considerations to depart from established principles of English law relating to consent to treatment and disclosure of risk. This review is intended as general information and not as legal advice which should be sought from defence organisation and specialist health care lawyers. Copyright 2008 S. Karger AG, Basel.

Action-Based Jurisprudence: Praxeological Legal Theory in Relation to Economic Theory, Ethics, and Legal Practice

Directory of Open Access Journals (Sweden)

Konrad Graf

2011-08-01

Full Text Available Action-based legal theory is a discrete branch of praxeology and the basis of an emerging school of jurisprudence related to, but distinct from, natural law. Legal theory and economic theory share content that is part of praxeology itself: the action axiom, the a priori of argumentation, universalizable property theory, and counterfactual-deductive methodology. Praxeological property-norm justification is separate from the strictly ethical “ought” question of selecting ends in an action context. Examples of action-based jurisprudence are found in existing “Austro-libertarian” literature. Legal theory and legal practice must remain distinct and work closely together if justice is to be found in real cases. Legal theorizing was shaped in religious ethical contexts, which contributed to confused field boundaries between law and ethics. The carrot and stick influence of rulers on theorists has distorted conventional economics and jurisprudence in particular directions over the course of centuries. An action-based approach is relatively immune to such sources of distortion in its methods and conclusions, but has tended historically to be marginalized from conventional institutions for this same reason.

The Legal Regulation of Cybersecurity

Directory of Open Access Journals (Sweden)

Darius Štitilis

2013-08-01

Full Text Available Cybercrime has become a global phenomenon, which is causing more harm to individual citizens, organizations, society and the state. Most countries in the world compare cybercrime with offences such as terrorism and drug trafficking due to its risks and profitability. Cybersecurity is the central category to fight cybercrime in cyberspace. Therefore, the strategic legal regulation of cybersecurity is one of the most relevant problems in EU, including Lithuania. So far cybersecurity legal regulation analysis in scientific literature has been rather limited. The European Commission, together with the High Representative of the Union for Foreign Affairs and Security Policy, has published a cybersecurity strategy alongside a Commission proposed directive on network and information security (NIS. The cybersecurity strategy – “An Open, Safe and Secure Cyberspace” - represents the EU’s comprehensive vision on how best to prevent and respond to cyber disruptions and attacks. The purpose of its is to further European values of freedom and democracy and ensure the digital economy can safely grow. Specific actions are aimed at enhancing cyber resilience of information systems, reducing cybercrime and strengthening EU international cyber-security policy and cyber defence. The main goal of the paper is to analyze and compare the EU cybersecurity strategy and experience of several foreign countries with the strategic legal regulation of cybersecurity in Lithuania. The article consists of four parts. The first part dealt with the EU cybersecurity strategy. The second part of the article examines the comparative aspect of foreign cybersecurity strategic legal regulation. The third part deals with attempts in Lithuania to draft cybersecurity law and the holistic approach of cybersecurity legal regulation. The fourth part examines Lithuanian cybersecurity strategy and comments on the main probleas related with the strategy. Several different approaches

Sistematização de Normas Regulatórias: uma abordagem baseada no neo-institucionalismo / Systematizing Regulations: An Approach Focused on Neo-Institutionalism

Directory of Open Access Journals (Sweden)

João Alberto de Oliveira Lima

2016-05-01

Full Text Available Purpose – This paper proposes an approach based on neo-institutionalism to assist regulations systematization activity. Methodology/approach/design – Interdisciplinary bibliographic research in Philosophy of Language, Information Science and Law. Findings – The neo-institutionalism, mainly in the form proposed by Dick Ruiter, offers a conceptual framework that can assist in systematizing regulations. Practical implications – This article proposes an approach to the systematization of regulations that, despite its importance to the simplification of the legal system and to the legal certainty, has not been executed as required by law. Originality/value – The originality of the proposed approach lies in the combination of concepts and theories from Philosophy of Language, Information Science and Law, as a way to deal with the problem of regulations systematization.

PROSPECTS OF CONCEPTUALIZATION OF THE NOTION “HEREDITY”

Directory of Open Access Journals (Sweden)

A. A. Kochergin

2015-01-01

Full Text Available The article examines the prospects for further development of the conceptualization of the notion “heredity” in a wide range of biological and socio-humanitarian aspects. Further development of genetics closely relates to the disclosure of interaction of genetic, interdisciplinary, general scientific, ethical, legal and philosophical categories, its complex dialectics. The doctrine of heredity in the post-nonclassical stage of its development is increasingly taking on the traits of humanities, of a science of human.

The effect of problem posing and problem solving with realistic mathematics education approach to the conceptual understanding and adaptive reasoning

Science.gov (United States)

Mahendra, Rengga; Slamet, Isnandar; Budiyono

2017-12-01

One of the difficulties of students in learning mathematics is on the subject of geometry that requires students to understand abstract things. The aim of this research is to determine the effect of learning model Problem Posing and Problem Solving with Realistic Mathematics Education Approach to conceptual understanding and students' adaptive reasoning in learning mathematics. This research uses a kind of quasi experimental research. The population of this research is all seventh grade students of Junior High School 1 Jaten, Indonesia. The sample was taken using stratified cluster random sampling technique. The test of the research hypothesis was analyzed by using t-test. The results of this study indicate that the model of Problem Posing learning with Realistic Mathematics Education Approach can improve students' conceptual understanding significantly in mathematics learning. In addition tu, the results also showed that the model of Problem Solving learning with Realistic Mathematics Education Approach can improve students' adaptive reasoning significantly in learning mathematics. Therefore, the model of Problem Posing and Problem Solving learning with Realistic Mathematics Education Approach is appropriately applied in mathematics learning especially on the subject of geometry so as to improve conceptual understanding and students' adaptive reasoning. Furthermore, the impact can improve student achievement.

The constant experience of self: conceptual approaches between Dewey and Mead

Directory of Open Access Journals (Sweden)

Tiago Barcelos Pereira Salgado

2012-09-01

Full Text Available We look at our article on a relational communicationapproach. In this sense, we seek to understandthe communication process from a praxeologicalmodel as elaborated by Louis Quéré (1991,rather than an epistemological model, seized in earlierformulations about the communicative practice.With pragmatism as a guideline of our argument,we are interested in understand and approach thenotions of self and experience as discussed by JohnDewey (1896, 1980, 2010 and George Herbert Mead(1934. Both concepts seem appropriate to thinkabout communication. Our purpose is then to seeto what extent we can reasonably argue that the selfis in constant experience and the implications thatpermeate this conceptual relationship.

Integrating research, legal technical assistance, and advocacy to inform shared use legislation in Mississippi.

Science.gov (United States)

Spengler, John O; Frost, Natasha R; Bryant, Katherine K

2014-01-01

The purpose of this article was to describe the process by which research findings informed the successful passage of legislation designed to increase opportunities for physical activity in Mississippi, and discuss implications and lessons learned from this process. The article is descriptive and conceptual, and addresses the collaborative process by which research, legal technical assistance, and advocacy informed and shaped shared use legislation in Mississippi. Collaborators informing this article were an Active Living Research grantee, a staff attorney with the Public Health Law Center, the American Heart Association Mississippi Government Relations Director, and community partners. The American Heart Association and Public Health Law Center developed policy guidance in the form of sample language for legislation as a starting point for states in determining policy needed to eliminate or reduce barriers to the shared use of school recreational facilities. The policy guidance was informed by evidence from Active Living Research-funded research studies. The American Heart Association, supporting a bill shaped by the policy guidance, led the effort to advocate for successful shared use legislation in Mississippi. Research should be policy relevant and properly translated and disseminated. Legal technical assistance should involve collaboration with both researchers and advocates so that policymakers have the information to make evidence-based decisions. Government relations directors should collaborate with legal technical staff to obtain and understand policy guidance relevant to their advocacy efforts. Effective collaborations, with an evidence-based approach, can lead to informed, successful policy change.

International legal positivism in a post-modern world

NARCIS (Netherlands)

Kammerhofer, J.; d' Aspremont, J.

2014-01-01

International Legal Positivism in a Post-Modern World provides fresh perspectives on one of the most important and most controversial families of theoretical approaches to the study and practice of international law. The contributors include leading experts on international legal theory who analyse

Legal approaches to transboundary pollution - relating to nuclear activities

International Nuclear Information System (INIS)

Hintsteiner, G.

2000-05-01

This work examines the legal approaches to pollution in a transboundary context. Particular consideration is given to transboundary pollution that is related to the use of nuclear energy for peaceful purposes. Since I have chosen to approach the very topic not so much in the hope of finding a single and unequivocal answer but rather by building a circumstantial case, the present work naturally relies to a great extent on decisions of international courts and tribunals, as well as on principles and rules stemming from international law in general. The international norm that basically guides the topic is the prohibition of transboundary pollution, or, expressed as a positive duty, i.e. the obligation to prevent transboundary harm, which has found expression in Principle 21 of the Stockholm Declaration on the Human Environment. The very obligation is relevant from the perspective of prevention of environmental harm, as well as reparation when harm has actually occurred. One of the primary issues of this work accordingly relates to the obligation's preventive function, thus its extent, meaning and scope are examined, and in particular its approach to transboundary risk-creation. In the overall context of transboundary pollution the principle of the sovereign equality of states and other basic rules that directly emanate from it are of continuos importance. This work is further strongly impacted by notions of equity together with the establishment of a balancing of interests test which application merits special consideration in cases where a conflict between two states cannot be solved by mere reliance on their sovereign rights. Rules relating to the prevention of environmental harm, now increasingly guided by the Precautionary Principle, are also relevant under the law of state responsibility for wrongful acts and in the context of defining obligations erga omnes. (author)

Optimize scientific communication skills on work and energy concept with implementation of interactive conceptual instruction and multi representation approach

Science.gov (United States)

Patriot, E. A.; Suhandi, A.; Chandra, D. T.

2018-05-01

The ultimate goal of learning in the curriculum 2013 is that learning must improve and balance between soft skills and hard skills of learners. In addition to the knowledge aspect, one of the other skills to be trained in the learning process using a scientific approach is communication skills. This study aims to get an overview of the implementation of interactive conceptual instruction with multi representation to optimize the achievement of students’ scientific communication skills on work and energy concept. The scientific communication skills contains the sub-skills were searching the information, scientific writing, group discussion and knowledge presentation. This study was descriptive research with observation method. Subjects in this study were 35 students of class X in Senior High School at Sumedang. The results indicate an achievement of optimal scientific communication skills. The greatest achievement of KKI based on observation is at fourth meeting of KKI-3, which is a sub-skill of resume writing of 89%. Allmost students responded positively to the implication of interactive conceptual instruction with multi representation approach. It can be concluded that the implication of interactive conceptual instruction with multi representation approach can optimize the achievement of students’ scientific communication skill on work and energy concept.

Prohibition as ontological basis of the Russian legal reality

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2016-09-01

Full Text Available Objective to identify characteristics of the nature content and functioning of prohibition in the legal reality of Russia. nbsp Methods the methodological basis of research is the dialectical approach to cognition of social phenomena allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors as well as a postmodern paradigm giving the opportunity to explore the legal reality at different levels. Dialectical approach and postmodern paradigm determined the choice of specific research methods comparative hermeneutic discursive. Results the paper proposes a definition of prohibition as a state socio volitional constraining limiting means that under the threat of legal liability is intended to prevent the wrongful act of the subject physical or legal entity and ensure the maintenance of law and order. Prohibition is a necessary means of ensuring the discipline of public relations and the consolidation of legal values designed to assure the effectiveness of legal regulation. Scientific novelty for the first time the article shows that prohibition as a legal category is the ontological basis of legal reality and acts as a determining factor in the content and focus not only of lawmaking and law enforcement but legal behavior as well. Practical significance the main provisions and conclusions of the article can be used in research and teaching when considering questions about the nature content and functioning of prohibitions.

The Legal Nature of Administrative Agencies of the USA

Directory of Open Access Journals (Sweden)

David T. Karamanukyan

2016-01-01

Full Text Available In this article the author focuses on the American system of administrative agencies, which are the fundamental pillar for the functioning of administrative justice of the country. A study of the conceptual and taxonomic unit of the current system of administrative agencies of the United States, with the help of comparative analysis of the advantages and disadvantages of legal and doctrinal definitions of the concept of “administrative agency” the author develops an authentic interpretation of the term

Economic and Legal Aspects of Electronic Money

Directory of Open Access Journals (Sweden)

Otakar Schlossberger

2016-06-01

Full Text Available The term “electronic money” first appeared in Czech legislation in 2002 as the result of the transposition of legislation into the Czech Republic’s legal system in anticipation of the country’s accession to the European Union. This term subsequently reappeared in 2009 during the recodification of the legal regulation of payment services, payment systems and electronic money. At this time, the definition was subjected to certain changes which continue to exert a significant influence on current practice with respect to the issuance and subsequent use of electronic money. This paper addresses the term “virtual money” and considers the mutual relationships between “electronic money”, “cashless money” and “virtual money” from the point of view of selected legal and economic approaches. The aim of the paper is to employ the analytical method in order to investigate selected legal and economic aspects of the various interpretations of the categories “electronic money”, “cashless money” and “virtual money”. A comparative analysis approach will be applied so as to ascertain both the legal and economic differences between these categories and general conclusions will be suggested employing the deduction method. The article is further concerned with the influence of these categories on the monetary base and money supply indicators.

On the Legal Issues of Teaching Evolution in Public Schools

Science.gov (United States)

Hermann, Ronald S.

2013-01-01

In order to effectively teach evolution to all students, even those resistant to learning evolution, science teachers may question the extent to which religion can legally be discussed in the public high school science classroom. Evolution is taught from a variety of approaches, each of which has legal implications. Four approaches to teaching…

Documentary Letters of Credit, Legal Nature and Sources of Law

Directory of Open Access Journals (Sweden)

Alavi Hamed

2016-06-01

Full Text Available There is no doubt about risky nature of international trade. Such risk can be conceptualized as country risk, transportation risk, customer risk and etc. Documentary Letters of Credit (LC are used as a method of payment in international business for many centuries in order to reduce risk of trade specially when parties are located in different countries and do not have precise information from financial standing of each other. In such occasion LC will reduce the risk of trade by shifting payment obligation from buyer as an individual to a payment guarantee of a bank as a legal entity in return for presentation of complying documents with terms of credit by seller. Familiarity with legal nature and different legal frameworks which govern the international operation of documentary letters of credit can facilitate the process of international trade for businessmen and boost national economies. However, lack of knowledge about them can impose huge losses on international traders. Situation will be more complicated when we understand that there are many internationally recognized legal frameworks which can affect the operation of LC and they get frequently updated in order to address technological and economic developments in global market. In this paper, author tries to answer questions regarding (i what are international legal frameworks governing operation of documentary letters of credit? (ii which areas of LC operation has been covered by them and (iii how do they address the legal questions regarding international operation of documentary letters of credit?

Study of a conceptual nuclear energy center at Green River, Utah: licensing considerations

International Nuclear Information System (INIS)

Dowdle, M.; Russell, R.; Zillman, D.

1982-04-01

This report examines the laws governing the location of a 9-unit nuclear energy center (NEC) near Green River, Utah. The time frame being considered for development of the conceptual NEC is from 1995 to 2013. Accordingly, the report is forced to speculate about some aspects of the plant, its site and its construction. Most of the report examines existing legal requirements for constructing an NEC. Where pertinent, changes in the law are discussed that would affect an NEC that is to be licensed in one or two decades. In general, no insurmountable legal problems exist that would prevent an NEC from being licensed at the Green River location. Several legal requirements pose significant concerns and would have to be faced before an NEC could be built. Among the major legal constraints are radiation protection, regulatory approval of financing, access to water, and local zoning restrictions. Two other constraints that involve legal matters are the wisdom of standardization of the units and the responsibility of the NEC builder to correct socio-economic impacts on the local area

Legal Education: Critical of Contemporaneity

Directory of Open Access Journals (Sweden)

Patrícia Verônica Nunes Carvalho Sobral

2016-10-01

Full Text Available This study reflects on the Legal Education, considering the criticism of contemporaneity. To reach the goal, the text is divided into: Critical, idealization and reality of legal education; Professor  of  law  schools;  The  educational  legislation  Questions  of  legal  education methodology; Pedagogy and the law. The reading of the sources referred the thought inferences  about  the  teaching  of  law,  the  methodological  approach  and  the  didactic- pedagogic preparation, according to Associação Latino Americana de Metodologia do Ensino do Direito. Contributes to the continuity of academic debate in progress, it is a problem that concerns the professional higher education.

A minimalist approach to conceptualization of time in quantum theory

International Nuclear Information System (INIS)

Kitada, Hitoshi; Jeknić-Dugić, Jasmina; Arsenijević, Momir; Dugić, Miroljub

2016-01-01

Ever since Schrödinger, Time in quantum theory is postulated Newtonian for every reference frame. With the help of certain known mathematical results, we show that the concept of the so-called Local Time allows avoiding the postulate. In effect, time appears as neither fundamental nor universal on the quantum-mechanical level while being consistently attributable to every, at least approximately, closed quantum system as well as to every of its (conservative or not) subsystems. - Highlights: • The concept of universal time is an implicit assumption in the quantum foundations. • A minimalist approach to quantum foundations does not favor the universal time. • Rather the so-called concept of local time is emphasized as an alternative. • Hence a new mathematically consistent conceptualization of time in quantum physics.

Cross-cultural medical education: conceptual approaches and frameworks for evaluation.

Science.gov (United States)

Betancourt, Joseph R

2003-06-01

Given that understanding the sociocultural dimensions underlying a patient's health values, beliefs, and behaviors is critical to a successful clinical encounter, cross-cultural curricula have been incorporated into undergraduate medical education. The goal of these curricula is to prepare students to care for patients from diverse social and cultural backgrounds, and to recognize and appropriately address racial, cultural, and gender biases in health care delivery. Despite progress in the field of cross-cultural medical education, several challenges exist. Foremost among these is the need to develop strategies to evaluate the impact of these curricular interventions. This article provides conceptual approaches for cross-cultural medical education, and describes a framework for student evaluation that focuses on strategies to assess attitudes, knowledge, and skills, and the impact of curricular interventions on health outcomes.

IT Security Standards and Legal Metrology - Transfer and Validation

Science.gov (United States)

Thiel, F.; Hartmann, V.; Grottker, U.; Richter, D.

2014-08-01

Legal Metrology's requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408). We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology's requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany's Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID) are incorporated. A verification approach to check for meeting Legal Metrology's requirements by their interpretation through Common Criteria's generic requirements is also presented.

Discrimination of legal entities: Phenomenological characteristics and legal protection

Directory of Open Access Journals (Sweden)

Petrušić Nevena

2017-01-01

Full Text Available Their social nature encourages people to associate and jointly achieve the goals that they would not be able to achieve individually. Legal entities are created as one of the legal modalities of that association, as separate entities that have their own legal personality independent of the subjectivity of their members. Legal entities are holders of some human rights, depending on the nature of the right, including the right to non-discrimination. All mechanisms envisaged for legal protection against discrimination in the national legislation are available to legal persons. On the other hand, the situation is quite different in terms of access to international forums competent to deal with cases of discrimination. Legal entities do not have access to some international forums, while they may have access to others under the same conditions prescribed for natural persons. Legal entities may be exposed to various forms of direct and indirect discrimination both in the private and in the public sphere of social relations. Phenomenological characteristics of discrimination against legal persons are not substantially different from discrimination against individuals. There are no significant differences regarding the application of discrimination test in cases of discrimination of legal entities as compared to the use of this test in cases involving discrimination of natural persons or groups of persons. Legal entities may be discriminated against on the basis of characteristics of their legal personality, such as those which are objective elements of the legal entity and part of its legal identity. Discrimination of legal entities may be based on personal characteristics of its members (i.e. people who make a personal essence of a legal entity because their characteristics can be 'transferred' to the legal entity and become part of its identity. Legal entities should also be protected from this special form of transferred (associative discrimination.

Using Knowledge Building to Foster Conceptual Change

Science.gov (United States)

Lee, Chwee Beng; Chai, Ching Sing; Tsai, Chin-Chung; Hong, Huang-Yao

2016-01-01

In recent years, there have been many exchanges of perspectives and debates in the field of conceptual change. Most of the classical views on conceptual change have been criticized, and there have been recent discussions around bridging the cognitive and socio-cultural approaches in the research on conceptual change. On the other hand, researchers…

CONCEPTUAL APPROACHES TO FORMING MECHANISM OF INVESTMENT SAFETY REALIZATION

Directory of Open Access Journals (Sweden)

Vladimir Talover

2016-11-01

Full Text Available The purpose of the paper is theoretical justification of theoretical approaches while developing the mechanism of the state investment safety. The tasks of the system of the national economy investment safety are the following: developing investment potential, creating favourable investment climate, forming mechanisms of stable investment activity in the key branches of economy. At the same time, it should also be noted that the complex approach that would allow sufficiently justifying and practically solve the problems of defining indicators, factors of the investment policy and directions of its assurance in realization of the mechanism of investment policy is not sufficiently developed nowadays. This fact determines research topicality. The issue of assuring investment safety is of a special importance in Ukraine that has to assure market economy development, to overcome deformations in the economy structure, to renew products and production apparatus in the industry, to master new kinds of activities. Methodology. The survey is based on the generalization and development of views of the scientific-economic schools, uses approaches of the international agencies and recommendation and normative materials of Ukraine concerning realization of the state investment policy as a totality of interrelated levels and subsystems that allows establishing main functions of the investment safety system. Results of the survey shows that the mechanism of investment safety includes some kinds, forms and methods of organizing investment relations and investment activity, ways of their quantitative determination and establishing interdependence. The concept of investment policy is based on the complex approach and includes the blocks which are locally structured in such way that they allow forming adequate system of its indicators and conducting monitoring of their changes under the influence of the determined factors. The peculiarities and elements of

Framework for Tectonic Thinking, a Conceptual Approach

DEFF Research Database (Denmark)

Garritzmann, Udo

2017-01-01

This research paper is a contribution to the field of architectural design theory in the area of tectonics. From the designer’s point of view, it will develop an overarching conceptual framework for tectonic thinking (FTT), which will serve as a tool for the comparative analysis and interpretation...

Systematic approach to the conceptual design of physical protection systems for nuclear facilities

International Nuclear Information System (INIS)

1978-05-01

A three-step approach is described which includes (1) facility characterization, (2) development and evaluation of hardware-based safeguards systems configurations, and (3) hardware and response force trade-off analysis. The purpose of the report is to establish a vehicle for initial examination and discussion by potential industry and government users of a formal sequence of activities for the conceptual design of physical protection systems and to identify currently available design tools, such as application reports, handbooks, and computer codes which might support these activities. 17 figs

Measuring quality of care: considering conceptual approaches to quality indicator development and evaluation.

Science.gov (United States)

Stelfox, Henry T; Straus, Sharon E

2013-12-01

In this article, we describe one approach for developing and evaluating quality indicators. We focus on describing different conceptual approaches to quality indicator development, review one approach for developing quality indicators, outline how to evaluate quality indicators once developed, and discuss quality indicator maintenance. The key steps for developing quality indicators include specifying a clear goal for the indicators; using methodologies to incorporate evidence, expertise, and patient perspectives; and considering contextual factors and logistics of implementation. The Strategic Framework Board and the National Quality Measure Clearinghouse have developed criteria for evaluating quality indicators that complement traditional psychometric evaluations. Optimal strategies for quality indicator maintenance and dissemination have not been determined, but experiences with clinical guideline maintenance may be informative. For quality indicators to effectively guide quality improvement efforts, they must be developed, evaluated, maintained, and implemented using rigorous evidence-informed practices. Copyright © 2013 Elsevier Inc. All rights reserved.

National Identity: Conceptual models, discourses and political change

DEFF Research Database (Denmark)

Harder, Peter

2014-01-01

of conceptual models or discourses. This is especially important in cases that involve conflictive political issues such as national and ethnic identity. The article reports on a historical project with a linguistic dimension in my department (PI Stuart Ward, cf. Ward 2004), which aims to throw light......Cognitive Linguistics has demonstrated the applicability of a conceptual approach to the understanding of political issues, cf. Lakoff (2008) and many others. From a different perspective, critical discourse analysis has approached political concepts with a focus on issues involving potentially...... divisive features such as race, class, gender and ethnic identity. Although discourses are not identical to conceptual models, conceptual models are typically manifested in discourse, and discourses are typically reflections of conceptualizations, a theme explored e.g. in Hart and Lukes (2007). As argued...

The Effect of Group Works and Demonstrative Experiments Based on Conceptual Change Approach: Photosynthesis and Respiration

Science.gov (United States)

Cibik, Ayse Sert; Diken, Emine Hatun; Darcin, Emine Selcen

2008-01-01

The purpose of this study is to investigate the effect of the use of group works and demonstration experiments based on conceptual change approach in the elimination of misconception about the subject of photosynthesis and respiration in plants in pre-service science teachers. This study was conducted with 78 pre-service science teachers including…

Conceptualizations of Professional Competencies in School Health Promotion

Science.gov (United States)

Carlsson, Monica

2016-01-01

Purpose: The purpose of the paper is to contribute to the conceptualization and discussion of professional competencies needed for supporting the development of the whole-school approach in school health promotion (SHP). Design/methodology/approach: The paper is based on a conceptual synthesis of literature, guided by a theoretical perspective on…

Legal consequences of kleptomania.

Science.gov (United States)

Grant, Jon E; Odlaug, Brian L; Davis, Andrew A; Kim, Suck Won

2009-12-01

Although studies have examined clinical characteristics of kleptomania, no previous studies have examined the legal consequences of kleptomania. From 2001 to 2007, 101 adult subjects (n = 27 [26.7%] males) with DSM-IV kleptomania were assessed on sociodemographics and clinical characteristics including symptom severity, comorbidity, and legal repercussions. Of 101 subjects with kleptomania, 73.3% were female. Mean age of shoplifting onset was 19.4 +/- 12.0 years, and subjects shoplifted a mean of 8.2 +/- 11.0 years prior to meeting full criteria for kleptomania. Co-occurring depressive, substance use, and impulse control disorders were common. Sixty-nine subjects with kleptomania (68.3%) had been arrested, 36.6% had been arrested but not convicted, 20.8% had been convicted and incarcerated after conviction, while only 10.9% had been convicted and not incarcerated after conviction. Kleptomania is associated with significant legal repercussions. The findings emphasize the need for rigorous treatment approaches to target kleptomania symptoms and prevent re-offending.

Conceptual querying through ontologies

DEFF Research Database (Denmark)

Andreasen, Troels; Bulskov, Henrik

2009-01-01

is motivated by an obvious need for users to survey huge volumes of objects in query answers. An ontology formalism and a special notion of-instantiated ontology" are introduced. The latter is a structure reflecting the content in the document collection in that; it is a restriction of a general world......We present here ail approach to conceptual querying where the aim is, given a collection of textual database objects or documents, to target an abstraction of the entire database content in terms of the concepts appearing in documents, rather than the documents in the collection. The approach...... knowledge ontology to the concepts instantiated in the collection. The notion of ontology-based similarity is briefly described, language constructs for direct navigation and retrieval of concepts in the ontology are discussed and approaches to conceptual summarization are presented....

New approaches to optimization in aerospace conceptual design

Science.gov (United States)

Gage, Peter J.

1995-01-01

Aerospace design can be viewed as an optimization process, but conceptual studies are rarely performed using formal search algorithms. Three issues that restrict the success of automatic search are identified in this work. New approaches are introduced to address the integration of analyses and optimizers, to avoid the need for accurate gradient information and a smooth search space (required for calculus-based optimization), and to remove the restrictions imposed by fixed complexity problem formulations. (1) Optimization should be performed in a flexible environment. A quasi-procedural architecture is used to conveniently link analysis modules and automatically coordinate their execution. It efficiently controls a large-scale design tasks. (2) Genetic algorithms provide a search method for discontinuous or noisy domains. The utility of genetic optimization is demonstrated here, but parameter encodings and constraint-handling schemes must be carefully chosen to avoid premature convergence to suboptimal designs. The relationship between genetic and calculus-based methods is explored. (3) A variable-complexity genetic algorithm is created to permit flexible parameterization, so that the level of description can change during optimization. This new optimizer automatically discovers novel designs in structural and aerodynamic tasks.

Anti-corruption policy in the system of legal measures

Directory of Open Access Journals (Sweden)

Tatyana Viktorovna Filonenko

2015-09-01

Full Text Available Objective to determine the scientificmethodological foundations of anticorruption policy. Methods dialectical approach to cognition of social phenomena allows to explore the combination of objective and subjective factors influencing the formation and implementation of anticorruption policy. The author39s model of anticorruption policy is based on the wide range of logical methods of information processing modeling abstraction analysis analogy. Scientific hypothesis and formal legal analysis were also used. Results basing on comparison of the recent theoreticallegal criminallegal and criminological research in the field of legal and anticorruption policy the scientificmethodological foundations of anticorruption policy are disclosed. The authors attempt to systematize the scientific interpretation of anticorruption policy. The concept of legal policy its forms tools subjects and typesare discussed. As a result it becomes possible to describe the current anticorruption policy using terminology from the theory of legal policy. This approach can increase the effectiveness of modern anticorruption policy as it allows to clearly see the gaps and shortcomings in lawmaking and law enforcement during the anticorruption policy implementation. Scientific novelty the article makes an attempt to describe the current anticorruption policy with the use of terminology and models developed in the theoretical and legal research for the characterization of legal policy and its particular directions. Practical significance the main provisions and conclusions of the article can be used in scientific and pedagogical work when considering questions about the nature and trends of the modern anticorruption policy development. The applied approach allows to bring together criminal law criminology and theoreticallegal research of anticorruption policy. nbsp

Ethical, legal and social aspects of the approach in Sudan

Directory of Open Access Journals (Sweden)

Nugud Abdel

2009-11-01

Full Text Available Abstract The global malaria situation, especially in Africa, and the problems frequently encountered in chemical control of vectors such as insecticide resistance, emphasize the urgency of research, development and implementation of new vector control technologies that are applicable at regional and local levels. The successful application of the sterile insect technique (SIT for the control of the New World screwworm Cochliomyia hominivorax and several species of fruit flies has given impetus to the use of this method for suppression or elimination of malaria vectors in some areas of Africa including Northern State of Sudan. The research and development phase of the Northern State feasibility study has been started. Sudanese stakeholders are working side-by-side with the International Atomic Energy Agency in the activities of this important phase. Several ethical, legal and social issues associated with this approach arose during this phase of the project. They need to be seriously considered and handled with care. In this paper, these issues are described, and the current and proposed activities to overcome potential hurdles to ensure success of the project are listed.

"Futile Care"-An Emergency Medicine Approach: Ethical and Legal Considerations.

Science.gov (United States)

Simon, Jeremy R; Kraus, Chadd; Rosenberg, Mark; Wang, David H; Clayborne, Elizabeth P; Derse, Arthur R

2017-11-01

Futility often serves as a proposed reason for withholding or withdrawing medical treatment, even in the face of patient and family requests. Although there is substantial literature describing the meaning and use of futility, little of it is specific to emergency medicine. Furthermore, the literature does not provide a widely accepted definition of futility, and thus is difficult if not impossible to apply. Some argue that even a clear concept of futility would be inappropriate to use. This article will review the origins of and meanings suggested for futility, specific challenges such cases create in the emergency department (ED), and the relevant legal background. It will then propose an approach to cases of perceived futility that is applicable in the ED and does not rely on unilateral decisions to withhold treatment, but rather on avoiding and resolving the conflicts that lead to physicians' believing that patients are asking them to provide "futile" care. Copyright © 2017 American College of Emergency Physicians. Published by Elsevier Inc. All rights reserved.

Moving from conceptual ambiguity to knowledgeable action: using a critical realist approach to studying moral distress.

Science.gov (United States)

Musto, Lynn C; Rodney, Patricia A

2016-04-01

Moral distress is a phenomenon that has been receiving increasing attention in nursing and other health care disciplines. Moral distress is a concept that entered the nursing literature - and subsequently the health care ethics lexicon - in 1984 as a result of the work done by American philosopher and bioethicist Andrew Jameton. Over the past decade, research into moral distress has extended beyond the profession of nursing as other health care disciplines have come to question the impact of moral constraint on individual practitioners, professional practice, and patient outcomes. Along with increased interest in the phenomenon of moral distress have come increasing critiques - critiques that in their essence point to a serious lack of conceptual clarity in the definition, study, and application of the concept. Foundational to gaining conceptual clarity in moral distress in order to develop strategies to prevent and ameliorate the experience is a careful revisiting of the epistemological assumptions underpinning our knowledge and use of the concept of moral distress. It is our contention that the conceptual challenges reveal flaws in the original understanding of moral distress that are based on an epistemological stance that holds a linear conception of cause and effect coupled with a simplistic perspective of 'constraint' and 'agency'. We need a more nuanced approach to our study of moral distress such that our ontological and epistemological stances help us to better appreciate the complexity of moral agents acting in organizational contexts. We believe that critical realism offers such a nuanced approach. © 2015 John Wiley & Sons Ltd.

Protocol: developing a conceptual framework of patient mediated knowledge translation, systematic review using a realist approach.

Science.gov (United States)

Gagliardi, Anna R; Légaré, France; Brouwers, Melissa C; Webster, Fiona; Wiljer, David; Badley, Elizabeth; Straus, Sharon

2011-03-22

Patient involvement in healthcare represents the means by which to achieve a healthcare system that is responsive to patient needs and values. Characterization and evaluation of strategies for involving patients in their healthcare may benefit from a knowledge translation (KT) approach. The purpose of this knowledge synthesis is to develop a conceptual framework for patient-mediated KT interventions. A preliminary conceptual framework for patient-mediated KT interventions was compiled to describe intended purpose, recipients, delivery context, intervention, and outcomes. A realist review will be conducted in consultation with stakeholders from the arthritis and cancer fields to explore how these interventions work, for whom, and in what contexts. To identify patient-mediated KT interventions in these fields, we will search MEDLINE, the Cochrane Library, and EMBASE from 1995 to 2010; scan references of all eligible studies; and examine five years of tables of contents for journals likely to publish quantitative or qualitative studies that focus on developing, implementing, or evaluating patient-mediated KT interventions. Screening and data collection will be performed independently by two individuals. The conceptual framework of patient-mediated KT options and outcomes could be used by healthcare providers, managers, educationalists, patient advocates, and policy makers to guide program planning, service delivery, and quality improvement and by us and other researchers to evaluate existing interventions or develop new interventions. By raising awareness of options for involving patients in improving their own care, outcomes based on using a KT approach may lead to greater patient-centred care delivery and improved healthcare outcomes.

Protocol: developing a conceptual framework of patient mediated knowledge translation, systematic review using a realist approach

Directory of Open Access Journals (Sweden)

Wiljer David

2011-03-01

Full Text Available Abstract Background Patient involvement in healthcare represents the means by which to achieve a healthcare system that is responsive to patient needs and values. Characterization and evaluation of strategies for involving patients in their healthcare may benefit from a knowledge translation (KT approach. The purpose of this knowledge synthesis is to develop a conceptual framework for patient-mediated KT interventions. Methods A preliminary conceptual framework for patient-mediated KT interventions was compiled to describe intended purpose, recipients, delivery context, intervention, and outcomes. A realist review will be conducted in consultation with stakeholders from the arthritis and cancer fields to explore how these interventions work, for whom, and in what contexts. To identify patient-mediated KT interventions in these fields, we will search MEDLINE, the Cochrane Library, and EMBASE from 1995 to 2010; scan references of all eligible studies; and examine five years of tables of contents for journals likely to publish quantitative or qualitative studies that focus on developing, implementing, or evaluating patient-mediated KT interventions. Screening and data collection will be performed independently by two individuals. Conclusions The conceptual framework of patient-mediated KT options and outcomes could be used by healthcare providers, managers, educationalists, patient advocates, and policy makers to guide program planning, service delivery, and quality improvement and by us and other researchers to evaluate existing interventions or develop new interventions. By raising awareness of options for involving patients in improving their own care, outcomes based on using a KT approach may lead to greater patient-centred care delivery and improved healthcare outcomes.

Protocol: developing a conceptual framework of patient mediated knowledge translation, systematic review using a realist approach

Science.gov (United States)

2011-01-01

Background Patient involvement in healthcare represents the means by which to achieve a healthcare system that is responsive to patient needs and values. Characterization and evaluation of strategies for involving patients in their healthcare may benefit from a knowledge translation (KT) approach. The purpose of this knowledge synthesis is to develop a conceptual framework for patient-mediated KT interventions. Methods A preliminary conceptual framework for patient-mediated KT interventions was compiled to describe intended purpose, recipients, delivery context, intervention, and outcomes. A realist review will be conducted in consultation with stakeholders from the arthritis and cancer fields to explore how these interventions work, for whom, and in what contexts. To identify patient-mediated KT interventions in these fields, we will search MEDLINE, the Cochrane Library, and EMBASE from 1995 to 2010; scan references of all eligible studies; and examine five years of tables of contents for journals likely to publish quantitative or qualitative studies that focus on developing, implementing, or evaluating patient-mediated KT interventions. Screening and data collection will be performed independently by two individuals. Conclusions The conceptual framework of patient-mediated KT options and outcomes could be used by healthcare providers, managers, educationalists, patient advocates, and policy makers to guide program planning, service delivery, and quality improvement and by us and other researchers to evaluate existing interventions or develop new interventions. By raising awareness of options for involving patients in improving their own care, outcomes based on using a KT approach may lead to greater patient-centred care delivery and improved healthcare outcomes. PMID:21426573

Decoding the integrated approach to yoga therapy: Qualitative evidence based conceptual framework.

Science.gov (United States)

Villacres, Maria Del Carmen; Jagannathan, Aarti; Nagarathna, R; Ramakrsihna, Jayashree

2014-01-01

The aim of this study was to define, decode, and append to the conceptual frame-work of the integrated approach to yoga therapy (IAYT). Four stakeholders who followed two in-patients with depression over a period of 2 weeks in the residential center Arogyadhama (of Swami Vivekananda Yoga Anusandana Samsthana, Bangalore, India) were interviewed before the start of the IAYT treatment and prior to discharge of the patient. The patients were also interviewed pre and post and were observed once during their session. The data from the audio recordings from eight in-depth interviews were transcribed manually and qualitative analysis was conducted. The conceptual frame-work of IAYT depicts that patient related factors ("co-operation of patient", "patients awareness of his/her condition"), therapist related factors ("ability to guide", "the assistance to the patients", "explanation of the exercises") and treatment related factors ("combination of psychiatric or Ayurvedic medication with yoga", "counseling during the IAYT treatment", duration of treatment), play an integrated role in reaching the "aim of IAYT" and experiencing "improvements and changes". The IAYT is a holistic program and the ability of the patient to cooperate with and integrate the available factors (therapist related and treatment related) could enable best results.

Reflections on the conceptualization and operationalization of a set-theoretic approach to employee motivation and performance research

Directory of Open Access Journals (Sweden)

James Christopher Ryan

2017-01-01

Full Text Available The current commentary offers a reflection on the conceptualizations of Lee and Raschke's (2016 proposal for a set-theoretic approach to employee motivation and organizational performance. The commentary is informed by the current author's operationalization of set-theoretic research on employee motivation which occurred contemporaneously to the work of Lee and Raschke. Observations on the state of current research on employee motivation, development of motivation theory and future directions of set-theoretic approaches to employee motivation and performance are offered.

[Medical data security in medico-legal opinioning].

Science.gov (United States)

Susło, Robert; Swiatek, Barbara

2005-01-01

Medical data security can be approached in medico-legal opinioning in three main situations: security of medical data, on which the opinion should be based, opinioning itself and whether the medical data security was properly ensured and ensuring medical data security during medico-legal opinion giving. The importance of medical data security, during collecting, processing and storing, as well in medical as in legal institutions, is of major importance for the possibility of providing a proper medico-legal opinion. Theoretically speeking, it is possible to give a proper medico-legal opinion using incorrect data, but the possibility is low. When the expert is given improper, unreadable, incomplete or even bogus in part or in the whole medical data it is extremely possible, that he fails in giving his opinion. The term "medical data" was defined and subsequently there was a brief review of medical data storing methods made and specific threats bound with them, based on modern literature. The authors also pointed out possible methods of preventing the threats. They listed Polish as well as international regulations and laws concerning the problem, accenting the importance of preserving medical data for the purposes of medico-legal opinioning.

USI: a fast and accurate approach for conceptual document annotation.

Science.gov (United States)

Fiorini, Nicolas; Ranwez, Sylvie; Montmain, Jacky; Ranwez, Vincent

2015-03-14

Semantic approaches such as concept-based information retrieval rely on a corpus in which resources are indexed by concepts belonging to a domain ontology. In order to keep such applications up-to-date, new entities need to be frequently annotated to enrich the corpus. However, this task is time-consuming and requires a high-level of expertise in both the domain and the related ontology. Different strategies have thus been proposed to ease this indexing process, each one taking advantage from the features of the document. In this paper we present USI (User-oriented Semantic Indexer), a fast and intuitive method for indexing tasks. We introduce a solution to suggest a conceptual annotation for new entities based on related already indexed documents. Our results, compared to those obtained by previous authors using the MeSH thesaurus and a dataset of biomedical papers, show that the method surpasses text-specific methods in terms of both quality and speed. Evaluations are done via usual metrics and semantic similarity. By only relying on neighbor documents, the User-oriented Semantic Indexer does not need a representative learning set. Yet, it provides better results than the other approaches by giving a consistent annotation scored with a global criterion - instead of one score per concept.

Legalization of Cannabis in the USA : A System Dynamics Approach to Drug Policy

NARCIS (Netherlands)

Van Staveren, R.; Thompson, A.W.

2013-01-01

Colorado and Washington State have made history by approving measures to make marijuana sale and use legal for people over the age of 21, in direct opposition to federal law. While there is a sizable discussion of the actual repercussions that legal marijuana would entail, no one knows what will

A Conceptual Approach to the Study of Song and Music in Benin Society

Directory of Open Access Journals (Sweden)

M. Ighile

2012-05-01

Full Text Available This study attempts to provide a theoretical framework for the appreciation of music among the Benin, a strategic ethnic group in Nigeria. It investigates how concepts such as folk and popular song, music, noise, speech and sound find their relevant expression and place in the socio-cultural, economic, moral and even psychological setting of the Benin world. Finally, it is discovered that a conceptual approach is crucial, not only to the situation of the Benin oral literary values within a Western ideological context, but also in the facilitation of an objective evaluation of critical aspects of the life of people.

THE POSITION OF STATE RESPONSIBILITY FOR ENVIRONMENTAL POLLUTION BY CORPORATE : The Legal Studies of Implementation Paradigm Polluter Pay Principle in Environmental Law Enforcement in Indonesia

Directory of Open Access Journals (Sweden)

Maret Priyanta

2016-12-01

Full Text Available The development activities is one of the government's efforts in order to realize a fairness and prosperous for the society. The natural resources management through the business activities carried out by the corporation, became one of the important factors in the success of national development. One of the impacts of development activities on the environment is the environmental pollution because of the utilization of natural resources. The pollution has caused a decrease in the quality of human life and other living creatures. Differences paradigm or way people view the polluter pays principle and the position of the responsibility of States to discredit the corporation still there is a difference of view and understanding. It is see from the practice of application of the Social and Environmental Responsibility (TJSL, which seems to have been removing corporate responsibility and involvement allocationof State budget revenue and expenditure of the State to penangulangan pollution, which performed by the corporation. This has led to uncertainty in the law enforcement environment in Indonesia. This study aimed to describe the problem from the legal aspect and theory in relation to the position of state responsibility and corporate environmental pollution in the environmental legal system. This study uses normative juridical approach, through the method of approach to legislation, the conceptual approach, and an analytical approach. The scope of this normative juridical research includes the study of the principles and theory of law. Paradigm reform of the principles of pollution should be change or reform based on theory of law, whereby the position and extent of responsibility of states and corporations definitely be regulated in the Indonesia environmental legal system.

Understanding the Conceptual Development Phase of Applied Theory-Building Research: A Grounded Approach

Science.gov (United States)

Storberg-Walker, Julia

2007-01-01

This article presents a provisional grounded theory of conceptual development for applied theory-building research. The theory described here extends the understanding of the components of conceptual development and provides generalized relations among the components. The conceptual development phase of theory-building research has been widely…

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

Energy Technology Data Exchange (ETDEWEB)

Ma, Deqiang [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Fang, Qinhua, E-mail: qhfang@xmu.edu.cn [Fujian Provincial Key Laboratory for Coastal Ecology and Environmental Studies, Xiamen University, 361102 (China); Coastal and Ocean Management Institute, Xiamen University, 361102 (China); Guan, Song [Coastal and Ocean Management Institute, Xiamen University, 361102 (China)

2016-01-15

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

Current legal regime for environmental impact assessment in areas beyond national jurisdiction and its future approaches

International Nuclear Information System (INIS)

Ma, Deqiang; Fang, Qinhua; Guan, Song

2016-01-01

In 2004, the United Nations launched an Ad Hoc Open-ended Informal Working Group to study issues relating to the conservation and sustainable use of marine biological diversity in areas beyond national jurisdiction. Since then, the topic of governing marine areas beyond national jurisdiction (ABNJ) has been widely discussed by politicians, policy makers and scholars. As one of management tools to protect marine biodiversity in ABNJ, environmental impact assessment (EIA) has been widely recognized and accepted by the international community, however, the biggest challenge is how to effectively implement the EIA regime in ABNJ. This paper explores the impacts of anthropogenic activities in ABNJ on marine ecosystems, reviews the existing legal regime for EIA in ABNJ and discusses possible measures to strengthen the implementation of EIA in ABNJ. - Highlights: • We identify human activities in ABNJ and their impacts on marine ecosystems. • We analyze the characters and gaps of the existing legal regime for EIA in ABNJ. • We analyze the pros and cons of alternative approaches of EIA in ABNJ.

Conceptualization of preferential flow for hillslope stability assessment

Science.gov (United States)

Kukemilks, Karlis; Wagner, Jean-Frank; Saks, Tomas; Brunner, Philip

2018-03-01

This study uses two approaches to conceptualize preferential flow with the goal to investigate their influence on hillslope stability. Synthetic three-dimensional hydrogeological models using dual-permeability and discrete-fracture conceptualization were subsequently integrated into slope stability simulations. The slope stability simulations reveal significant differences in slope stability depending on the preferential flow conceptualization applied, despite similar small-scale hydrogeological responses of the system. This can be explained by a local-scale increase of pore-water pressures observed in the scenario with discrete fractures. The study illustrates the critical importance of correctly conceptualizing preferential flow for slope stability simulations. It further demonstrates that the combination of the latest generation of physically based hydrogeological models with slope stability simulations allows for improvement to current modeling approaches through more complex consideration of preferential flow paths.

Conceptualization of Approaches and Thought Processes Emerging in Validating of Model in Mathematical Modeling in Technology Aided Environment

Science.gov (United States)

Hidiroglu, Çaglar Naci; Bukova Güzel, Esra

2013-01-01

The aim of the present study is to conceptualize the approaches displayed for validation of model and thought processes provided in mathematical modeling process performed in technology-aided learning environment. The participants of this grounded theory study were nineteen secondary school mathematics student teachers. The data gathered from the…

IT Security Standards and Legal Metrology – Transfer and Validation

Directory of Open Access Journals (Sweden)

Thiel F.

2014-01-01

Full Text Available Legal Metrology’s requirements can be transferred into the IT security domain applying a generic set of standardized rules provided by the Common Criteria (ISO/IEC 15408. We will outline the transfer and cross validation of such an approach. As an example serves the integration of Legal Metrology’s requirements into a recently developed Common Criteria based Protection Profile for a Smart Meter Gateway designed under the leadership of the Germany’s Federal Office for Information Security. The requirements on utility meters laid down in the Measuring Instruments Directive (MID are incorporated. A verification approach to check for meeting Legal Metrology’s requirements by their interpretation through Common Criteria’s generic requirements is also presented.

A Structural Equation Model of Conceptual Change in Physics

Science.gov (United States)

Taasoobshirazi, Gita; Sinatra, Gale M.

2011-01-01

A model of conceptual change in physics was tested on introductory-level, college physics students. Structural equation modeling was used to test hypothesized relationships among variables linked to conceptual change in physics including an approach goal orientation, need for cognition, motivation, and course grade. Conceptual change in physics…

Chinese legal texts – Quantitative Description

Directory of Open Access Journals (Sweden)

Ľuboš GAJDOŠ

2017-06-01

Full Text Available The aim of the paper is to provide a quantitative description of legal Chinese. This study adopts the approach of corpus-based analyses and it shows basic statistical parameters of legal texts in Chinese, namely the length of a sentence, the proportion of part of speech etc. The research is conducted on the Chinese monolingual corpus Hanku. The paper also discusses the issues of statistical data processing from various corpora, e.g. the tokenisation and part of speech tagging and their relevance to study of registers variation.

CONCEPTUAL AND LEGAL FRAMEWORK FOR THE ORGANIZATION OF MANAGEMENT ACCOUNTING AND COST CALCULATION IN INDUSTRY OF MANUFACTURING DAIRY PRODUCTS

OpenAIRE

Cristiana Bogdanoiu

2012-01-01

According to the legal framework of our country, economic units are responsible for organizing the management accounting adjusted to the specific activity. Economic and social transformations after 1989 led to significant changes in financial accounting, this being in a continuous process of harmonization with the principles, rules, conventions and accounting standards in countries with developed market economy. Legal framework in our country favored and still favors notable changes in accoun...

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence. Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

THE RELEVANCE OF SOCIO-LEGAL STUDIES IN LEGAL SCIENCE

Directory of Open Access Journals (Sweden)

Victor Imanuel W. Nalle

2015-02-01

Full Text Available Some law schools in Indonesia reject socio-legal studies with epistemological arguments that puts jurisprudence as sui generis. Rejection is based argument that jurisprudence is a normative science. In fact socio-legal studies in the development of jurisprudence outside Indonesia has long existed and contributed to the legal reform. Socio-legal studies also significant for legal reform. It is caused by the existence of non doctrinal aspect in law making and implementation of the law. Therefore the position and relevance of socio-legal research is not related to the benefits that provided for the development of national law or jurisprudence.   Beberapa fakultas hukum di Indonesia menolak penelitian sosio-legal dengan argumentasi epistemologis yang menempatkan ilmu hukum sebagai sui generis. Penolakan tersebut didasarkan argumentasi bahwa ilmu hukum adalah ilmu yang bersifat normatif. Kenyataannya studi sosio-legal dalam perkembangan ilmu hukum di luar Indonesia telah lama eksis dan berperan dalam pembaharuan hukum. Selain itu, studi sosiolegal juga berperan dalam pembaharuan hukum. Hal ini disebabkan adanya aspek-aspek nondoktrinal yang berperan dalam pembentukan hukum dan implementasi hukum di masyarakat. Oleh karena itu kedudukan dan relevansi penelitian sosio-legal pada ada tidaknya manfaat yang diberikan bagi perkembangan hukum nasional ataupun ilmu hukum.

A Constructive Conceptual Approach to Strategic Performance Measurement

DEFF Research Database (Denmark)

Mitchell, Falconer; Nielsen, Lars Bråd; Nørreklit, Hanne

This paper focuses on identifying the key characteristics of a good strategic performance. It does this from a conceptual base founded in the paradigm of pragmatic constructivism. This involves analysing real world activities such as strategy setting and implementation in terms of the facts on wh...

Privacy and legal issues in cloud computing

CERN Document Server

Weber, Rolf H

2015-01-01

Adopting a multi-disciplinary and comparative approach, this book focuses on emerging and innovative attempts to tackle privacy and legal issues in cloud computing, such as personal data privacy, security and intellectual property protection. Leading international academics and practitioners in the fields of law and computer science examine the specific legal implications of cloud computing pertaining to jurisdiction, biomedical practice and information ownership. This collection offers original and critical responses to the rising challenges posed by cloud computing.

PROFESSIONAL SPECIFICITY OF CONCEPTUAL THINKING

Directory of Open Access Journals (Sweden)

S. A. Gilmanov

2017-01-01

Full Text Available Introduction. Most studies of psychologists and teachers in the phenomenon of conceptual thinking and ways of its formation are considered to be rather controversial and questionable. However, the research results were limited to the phenomenon of conceptual thinking and are therefore not representative for its implementation during the process of vocational training at the higher school. There is still considerable uncertainty with regard to the approaches to the problem of conceptual thinking in the humanities, including pedagogics and psychology. Furthermore, previous studies have not dealt with the objectives of conceptual thinking formation.The aims of the article are: to justify the use of the term “professional conceptualization of thinking” (PCT in theory and practice; to describe the prospects of the development of PCT in the training process.Methodology and research methods. The methodological base of the research involves the Russian psychological and pedagogical science approaches to the consideration of conceptual thinking as a higher mental function, a systematized and summarized form of cognitive reflection of notions and relations of reality. The experimental work was carried out using the method of observation, interviews, and tests. Quantitative and qualitative analysis of the data was conducted. The process of formation of PCT is described through the theory of stage-by-stage systematic development of mental acts.Results and scientific novelty. The concept “professional conceptualization of thinking” (PCT, a new one for psychological-pedagogical science, is suggested. The PCT levels are identified: ordinary, formal, substantial, system, and holistic. The objectives proposed for the development of the PCT levels in the process of professional education consist in the organization of consecutive transition from conscious mastering of a terminological framework to its use in the performance of educational tasks; from

Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence.

Science.gov (United States)

Jun, Jinkwon; Yoo, Soyoung

2018-01-01

Neuroscientific imaging evidence (NIE) has become an integral part of the criminal justice system in the United States. However, in most legal cases, NIE is submitted and used only to mitigate penalties because the court does not recognize it as substantial evidence, considering its lack of reliability. Nevertheless, we here discuss how neuroscience is expected to improve the use of NIE in the legal system. For this purpose, we classified the efforts of neuroscientists into three research strategies: cognitive subtraction, the data-driven approach, and the brain-manipulation approach. Cognitive subtraction is outdated and problematic; consequently, the court deemed it to be an inadequate approach in terms of legal evidence in 2012. In contrast, the data-driven and brain manipulation approaches, which are state-of-the-art approaches, have overcome the limitations of cognitive subtraction. The data-driven approach brings data science into the field and is benefiting immensely from the development of research platforms that allow automatized collection, analysis, and sharing of data. This broadens the scale of imaging evidence. The brain-manipulation approach uses high-functioning tools that facilitate non-invasive and precise human brain manipulation. These two approaches are expected to have synergistic effects. Neuroscience has strived to improve the evidential reliability of NIE, with considerable success. With the support of cutting-edge technologies, and the progress of these approaches, the evidential status of NIE will be improved and NIE will become an increasingly important part of legal practice.

Three Research Strategies of Neuroscience and the Future of Legal Imaging Evidence

Directory of Open Access Journals (Sweden)

Jinkwon Jun

2018-03-01

Full Text Available Neuroscientific imaging evidence (NIE has become an integral part of the criminal justice system in the United States. However, in most legal cases, NIE is submitted and used only to mitigate penalties because the court does not recognize it as substantial evidence, considering its lack of reliability. Nevertheless, we here discuss how neuroscience is expected to improve the use of NIE in the legal system. For this purpose, we classified the efforts of neuroscientists into three research strategies: cognitive subtraction, the data-driven approach, and the brain-manipulation approach. Cognitive subtraction is outdated and problematic; consequently, the court deemed it to be an inadequate approach in terms of legal evidence in 2012. In contrast, the data-driven and brain manipulation approaches, which are state-of-the-art approaches, have overcome the limitations of cognitive subtraction. The data-driven approach brings data science into the field and is benefiting immensely from the development of research platforms that allow automatized collection, analysis, and sharing of data. This broadens the scale of imaging evidence. The brain-manipulation approach uses high-functioning tools that facilitate non-invasive and precise human brain manipulation. These two approaches are expected to have synergistic effects. Neuroscience has strived to improve the evidential reliability of NIE, with considerable success. With the support of cutting-edge technologies, and the progress of these approaches, the evidential status of NIE will be improved and NIE will become an increasingly important part of legal practice.

THE LEGAL STATUS OF PROFESSIONALS IN THE CONTEXT OF CHANGES BROUGHT BY THE NEW CIVIL CODE

Directory of Open Access Journals (Sweden)

OANA-CARMEN RĂVAŞ

2014-12-01

Full Text Available Adoption of the New Civil Code (NCC meant a "turning point" for the radical concept of the subjects participating in legal relations which, according to the Commercial Code (now repealed almost all provisions usually were traders. Currently, the Unification of Private Law, according to the monistic conception embraced by NCC there are a series of difficulties in the conceptual framework of "professionals", the "company" and, especially, the professional traders. Professional traders are individuals: the individual, authorized individual and family business. The legal status of the three categories of individuals falling into the category of professionals traders is regulated by Ordinance no. 44/2008, amended.

Accommodating the medical use of marijuana: surveying the differing legal approaches in Australia, the United States and Canada.

Science.gov (United States)

Bogdanoski, Tony

2010-02-01

While the scientific and medical communities continue to be divided on the therapeutic benefits and risks of cannabis use, anecdotal evidence from medical users themselves suggests that using cannabis is indeed improving their quality of life by alleviating their pain and discomfort. Notwithstanding the benefits anecdotally claimed by these medical users and the existence of some scientific studies confirming their claims, criminal drug laws in all Australian and most United States jurisdictions continue to prohibit the possession, cultivation and supply of cannabis even for medical purposes. However, in contrast to Australia and most parts of the United States, the medical use of cannabis has been legal in Canada for about a decade. This article reviews these differing legal and regulatory approaches to accommodating the medical use of cannabis (namely, marijuana) as well as some of the challenges involved in legalising it for medical purposes.

Legal analysis at the Law for Civil liabilities by nuclear damage

International Nuclear Information System (INIS)

Gonzalez G, A.

2000-01-01

The present work has the objective to analyse in specific terms the legal regime of the Civil liability by nuclear damage. It has been the intention of that this compilation is the initiation of a large way which awake the interests of jurists and specialists dedicated to study the aspects as the liability by nuclear damage, compensation guarantee, risk and nuclear damage among others. The peaceful applications of the nuclear energy require the necessity of a legal ordinance that it is updated according to the nuclear technology development that the regulations of the common law do not cover. This work is initiated mentioning some antecedents of the nuclear energy law in Mexico. Also is realized the study of the elemental concepts and definitions about the subject as the evolution of the legal figure in the National law frame where the jurist must do an incursion in the nuclear field and make use of scientific and technical terminology. It was analysed and it was made the reflection of the legal figure of liability, its exoneration cases, about the concepts of risk and nuclear damage overcoming the conceptual error among them. It is talked about the study of nuclear damage and its repairing as financial guarantee to compensate to the people injured by a nuclear accident. Finally, it was treated about the legal analysis and proposals of additions and reforms for updating the Nuclear damage liability Law, concluding with general contributions to the Law resulting products of this work. (Author)

ORGANIZATIONAL, LEGAL, MEDICAL AND PHARMACEUTICAL APPROACHES TO OPTIMIZATION OF MEDICINES’ CIRCULATION FOR HYPERTONIA TREATMENT IN COUNTRYSIDE AREAS

Directory of Open Access Journals (Sweden)

Shapovalova V.O.

2016-06-01

Full Text Available Introduction. Parliaments of both Ukraine and the EU have ratified Association Agreement (hereinafter – Agreement, a comprehensive document which envisages bringing all areas of the law of our country in line with European Union norms. Therefore, chapter 22 of the Agreement "Public Health" gave attention as one of the most important areas of implementation. That is, the need for introduction in Ukraine of the approach, called "Health in all policy areas” provides consider of the interests of public healthcare in approving of political solutions in any area of the state activities. The organizational, medical and pharmaceutical approaches to optimization of the medicines’ circulation is the improvement of the legal system of regulation of prescription and OTC medicines (drugs, determination of the circulation of drugs of different classification and legal groups, assigning drugs to one of nomenclature and legal groups (prescription or non-prescription. Materials and methods. Forensic and pharmaceutical researches conducted in countryside areas at the regional level on example of the Kharkiv region based on 54 communal health institutions (CHI. Materials of the research: legal framework for the organization of pharmacy of the CHI; forensic and pharmaceutical practice for the period of 2012-2015 concerning the provision with the medicines of all legal, nomenclature and classification groups for the pharmacotherapy of hypertension in the village. In conducting the research, we used the following methods: legal, documentary, comparative analysis, forensic and pharmaceutical monitoring. Results and discussion. According to the Statement of the Cabinet of Ministers of Ukraine from 17.08.1998 N1303 was sorted the procedure of the concessional dispensing of the drugs (for free or at 50% discount. The procedure applies to certain categories of the population and some diseases for which benefits established by applicable law. Despite the potential of

The impact of marijuana policies on youth: clinical, research, and legal update.

Science.gov (United States)

Ammerman, Seth; Ryan, Sheryl; Adelman, William P

2015-03-01

This technical report updates the 2004 American Academy of Pediatrics technical report on the legalization of marijuana. Current epidemiology of marijuana use is presented, as are definitions and biology of marijuana compounds, side effects of marijuana use, and effects of use on adolescent brain development. Issues concerning medical marijuana specifically are also addressed. Concerning legalization of marijuana, 4 different approaches in the United States are discussed: legalization of marijuana solely for medical purposes, decriminalization of recreational use of marijuana, legalization of recreational use of marijuana, and criminal prosecution of recreational (and medical) use of marijuana. These approaches are compared, and the latest available data are presented to aid in forming public policy. The effects on youth of criminal penalties for marijuana use and possession are also addressed, as are the effects or potential effects of the other 3 policy approaches on adolescent marijuana use. Recommendations are included in the accompanying policy statement. Copyright © 2015 by the American Academy of Pediatrics.

“Situation” in the study of moral and legal consciousness: From theory to techniques

Directory of Open Access Journals (Sweden)

V E Grebneva

2016-12-01

Full Text Available The multidimensional structure of legal consciousness, in which the norms of different orders collide, and the intricate intertwining of cognitive, emotive and behavioral components cannot be described in just one system of representations. This article considers conceptual bases of the study of moral and legal consciousness on the example of value-cognitive dilemmas. The author presents interpretations of the concept “situation” in the works of Russian and Western scientists, identifies its general theoretical bases and analyzes its potential in the study of moral and legal consciousness; suggests as one of the ways to find and identify determinants of moral and legal consciousness identification of specific decisions made by individuals in a variety of small-scale short situations in the given frame and normatively determined, because in the situational dilemma a social agent, whatever decision he makes, needs a rational reason and justification. The author describes the process of designing a technique on the basis of vignette-method and the method of controlled projection for the study of the conflict of multiple rationalities implying different models of justification in the structure of value choice.

Classification of economic and legal remedies for the realization of the state regional policy

Directory of Open Access Journals (Sweden)

Лілія Сергіївна Тертишна

2017-09-01

Full Text Available The article is devoted to the study of the economic and legal mechanism for ensuring the functioning of the state regional policy in Ukraine. The existing legal and regulatory framework on the availability in it necessary and sufficient conceptual apparatus, a list of economic and legal items or the effective implementation of the state regional policy is analyzed. The main defects of the legislation regulating the state regional policy are defined. State regional policy is a fragment of social and economic policies in the scale of its specific administrative units – regions, and in content – by the means of a synthesis of economic and legal methods aimed at solving problems of state investment, innovation, foreign trade, sectoral policies, where the economic and legal means are regarding the economic part of this policy. It was substantiated that the efficiency of national regional policy depends on how successfully the state can combine and integrate all the directions and types of policies and especially their economic and legal means. It is established, that the general means of state regulation are defined in the Commercial Code of Ukraine as a key. However, there is a need to identify and consolidate the entire system of economic and legal means of state regulation that can be applied in the implementation of the state regional policy and to determine the specific implementation mechanisms. It was found that for all state regional policy objects the universal are such economic law enforcement actions as a public-private partnership and special modes of management.

Technological Agency in the Co-Constitution of Legal Expertise and the US Drone Program

DEFF Research Database (Denmark)

Leander, Anna

2013-01-01

over the legal status of the US drone program. Target killing suggests that the drone program may be legally regulated. Extrajudicial execution suggests that it falls outside the realm of legality. This article does not seek to settle which terminology is the most appropriate. Instead it analyses...... the legal expertise struggling to do so and its implications. More specifically, it focuses on the processes through which drones constitute the legal expertise that constitutes the drone program as one of targeted killings and of extrajudicial executions; that is, on a process of co-constitution. Drawing...... theoretical inspiration from and combining new materialist approaches (especially as articulated by Bruno Latour) with the sociological approach of Pierre Bourdieu, the article shows that drones have ‘agency’ in the ‘field’ of legal expertise pertaining to the drone program. Drones are redrawing...

Conceptualizing Learning in the Climate Justice Movement

Science.gov (United States)

Kluttz, Jenalee; Walter, Pierre

2018-01-01

This article extends Scandrett et al.'s conceptual framework for social movement learning to understand learning and knowledge creation in the climate justice movement. Drawing on radical pluralist theoretical approaches to social movement learning, learning in the climate justice movement is conceptualized at the micro, meso, and macro levels,…

Legal and Psychological Aspects of Mediation

Directory of Open Access Journals (Sweden)

Dobrokhotova E. N.

2016-01-01

Full Text Available The article focuses on gradual innovation of mediation into the practice of social conflict resolution in the light of legal and psychological means of mediation. While mediation is perceived as a conflictological concept and is more widely used in dispute settlement and resolution, a new interdisciplinary field of theoretical knowledge with its own conceptual framework as well as a new professional and practical field are beginning to form both in Russia and in other countries. As theoretical and practical aspects of innovation in mediation require consolidation not only for its national development but also for the guaranteed international cooperation, the article touches upon some of the particular theoretical issues of the topic in question: terminological consistency, consolidation of the system of mediation principles, the phenomenon of juridisation of mediation and its limits.

Criminal-legal prohibitions in the soviet juridical discourse

Directory of Open Access Journals (Sweden)

Andrey V. Skorobogatov

2014-01-01

Full Text Available Objective to determine the place of criminal law prohibitions in the formation development and functioning of the Soviet legal discourse. Methods dialectic approach to the research of social phenomena which allows to analyze them in historical development and functioning in the context of the unity of the objective and subjective factors as well as postmodern paradigm giving the opportunity to explore the legal reality at different levels including the lawinterpretation one. Dialectical approach and postmodern paradigm have determined the choice of specific research methods comparative hermeneutics discursive formally legal. Results basing on the analysis of normativelegal acts regulating criminal legal relations in the USSR the development of the Soviet criminal law was considered since its emergence to termination of existence. Conclusion on its restrictive nature was made which was in line with the main task of this sector of law ndash the protection of the Soviet system and socialist property from criminal encroachments. The normative regulatory basis of criminal law prohibitions determined the general nature of the Soviet legal discourse which was designed to prove the necessity and expediency of such means of protecting public and state interests in the period of building communism. Scientific novelty on the basis of use of the complex classical and postclassical methods the article for the first time studies the role of criminal law prohibitions in the development of Soviet legal discourse. Practical value the key issues and conclusions of the article can be used in scientific and pedagogical activity while researching the issues of the nature and trends of development of the Soviet criminal law.

Conceptualizing an economically, legally, and politically viable active debris removal option

Science.gov (United States)

Emanuelli, M.; Federico, G.; Loughman, J.; Prasad, D.; Chow, T.; Rathnasabapathy, M.

2014-11-01

It has become increasingly clear in recent years that the issue of space debris, particularly in low-Earth orbit, can no longer be ignored or simply mitigated. Orbital debris currently threatens safe space flight for both satellites and humans aboard the International Space Station. Additionally, orbital debris might impact Earth upon re-entry, endangering human lives and damaging the environment with toxic materials. In summary, orbital debris seriously jeopardizes the future not only of human presence in space, but also of human safety on Earth. While international efforts to mitigate the current situation and limit the creation of new debris are useful, recent studies predicting debris evolution have indicated that these will not be enough to ensure humanity's access to and use of the near-Earth environment in the long-term. Rather, active debris removal (ADR) must be pursued if we are to continue benefiting from and conducting space activities. While the concept of ADR is not new, it has not yet been implemented. This is not just because of the technical feasibility of such a scheme, but also because of the host of economic, legal/regulatory, and political issues associated with debris remediation. The costs of ADR are not insignificant and, in today's restrictive fiscal climate, are unlikely/to be covered by any single actor. Similarly, ADR concepts bring up many unresolved questions about liability, the protection of proprietary information, safety, and standards. In addition, because of the dual use nature of ADR technologies, any venture will necessarily require political considerations. Despite the many unanswered questions surrounding ADR, it is an endeavor worth pursuing if we are to continue relying on space activities for a variety of critical daily needs and services. Moreover, we cannot ignore the environmental implications that an unsustainable use of space will imply for life on Earth in the long run. This paper aims to explore some of these

Conceptual models of information processing

Science.gov (United States)

Stewart, L. J.

1983-01-01

The conceptual information processing issues are examined. Human information processing is defined as an active cognitive process that is analogous to a system. It is the flow and transformation of information within a human. The human is viewed as an active information seeker who is constantly receiving, processing, and acting upon the surrounding environmental stimuli. Human information processing models are conceptual representations of cognitive behaviors. Models of information processing are useful in representing the different theoretical positions and in attempting to define the limits and capabilities of human memory. It is concluded that an understanding of conceptual human information processing models and their applications to systems design leads to a better human factors approach.

Formation of ideal of legal personality

Directory of Open Access Journals (Sweden)

Віта Олександрівна Сліпенчук

2016-01-01

we believe, an opportunity to analyze the formation of the ideal of legal personality. Paper objective. Thus, the purpose of this article is analysis and systematization of philosophical views on the issue of forming the ideal of legal personality in Russian philosophy of law, limited by the late 19th - early 20th century During this period, leading philosophers and jurists come to the conclusion that the existence and development of the law governed state should be based on a legal personality. Taking into account the diversity of interpretations of liberal concepts, we begin with a brief description of the charms of liberal ideas, find out the core values that inspire these concepts and focus on the source of political programs and core values - individual autonomy. Paper main body. As it is known, liberalism is a dynamic system that responds to changes in social life and is transformed according to the new reality. Liberal concepts of the thinkers of that time give us the opportunity to realize what freedom, equality and human rights are inviolable condition for the individual existence of human being, laying the values and guidance in the legal consciousness of a person and promoting an individual’s recognition of law as the main regulator of social relations, aimed at protecting and strengthening the autonomy (which directly is an ideal basis for development of a legal personality. Conclusions of the research. Thus, the abovementioned allows us to understand the significance of liberal ideas for building a modern ideal model of legal personality, formed on a combination of the spiritual and legal ideals and values. The importance of the concepts of representatives of Russian liberalism is determined by existence of: 1 the idea of equality, which in turn becomes a conceptual basis in shaping of legal personality (after all, the basic values help to reveal the inner depth (essence of the personality, thereby reducing it to the level of subject, on whose

Indonesian legal framework to support innovation sustainability

Science.gov (United States)

Pratama, Bambang

2018-03-01

The successful economy in a country can be measured by the number of commercializing intellectual property rights (IPR). To pursue IPR growth, triple helix component becomes a backbone to weave academia, business and government to collaborate with each other. Generally, collaborations move from their common interest, but within triple helix the collaboration can be run structurally and sustain. Depart from the arguments; the question arises: How is the condition of Indonesia Innovation System? Through legal approach, this paper will explain current legal condition and legal structure of the Indonesian innovation system. The reason to review the law is to relate with the government’s target to create 1000 digital start-ups alike as in Silicon Valley level size. Therefore, legal framework review becomes useful to explain the condition of the law as a supporting system. In this sense, the legal prescription can be generated to confirm Indonesian laws, whether supported the national innovation system or conversely. Within law perspective, Indonesian government categorizes the innovative industry as a creative industry. However, there is still no resolute concept to follow. Therefore, some of law adjustment is needed to support the government’s plan to pursue commercialized innovation.

Should fully autonomous artificial intelligence systems be granted legal capacity?

OpenAIRE

Naučius, Mindaugas

2018-01-01

The aim of this article is to address the issue of granting legal capacity to artificial inteligence systems. In order to approach the solution to the problem addressed, the article includes several aspects, relevant in order to achieve it. To begin with, the general concept of legal capacity is introduced. Following this aspect, the main features of both natural and juridical persons are addressed, in order to become familiar with the content of legal capacity, or in other words, to be aware...

What is legal medicine--are legal and forensic medicine the same?

Science.gov (United States)

Beran, Roy G

2010-04-01

Some consider the terms "forensic" and "legal" medicine to be synonymous but this is counter to the title of the Faculty of Forensic and Legal Medicine or the dual strands for progression to fellowship of the Australian College of Legal Medicine. The paper examines a very brief historical background to legal medicine and develops a definition of the strands thereof, namely legal and forensic medicine. It demonstrates that the two are different components of the application of medical knowledge upon the legal system. Legal medicine has greater relevance to civil and tort law, impacting upon patient care, whereas forensic medicine relates to criminal law and damage to, or by, patients.

To master or perform? Exploring relations between achievement goals and conceptual change learning.

Science.gov (United States)

Ranellucci, John; Muis, Krista R; Duffy, Melissa; Wang, Xihui; Sampasivam, Lavanya; Franco, Gina M

2013-09-01

Research is needed to explore conceptual change in relation to achievement goal orientations and depth of processing. To address this need, we examined relations between achievement goals, use of deep versus shallow processing strategies, and conceptual change learning using a think-aloud protocol. Seventy-three undergraduate students were assessed on their prior knowledge and misconceptions about Newtonian mechanics, and then reported their achievement goals and participated in think-aloud protocols while reading Newtonian physics texts. A mastery-approach goal orientation positively predicted deep processing strategies, shallow processing strategies, and conceptual change. In contrast, a performance-approach goal orientation did not predict either of the processing strategies, but negatively predicted conceptual change. A performance-avoidance goal orientation negatively predicted deep processing strategies and conceptual change. Moreover, deep and shallow processing strategies positively predicted conceptual change as well as recall. Finally, both deep and shallow processing strategies mediated relations between mastery-approach goals and conceptual change. Results provide some support for Dole and Sinatra's (1998) Cognitive Reconstruction of Knowledge Model of conceptual change but also challenge specific facets with regard to the role of depth of processing in conceptual change. © 2012 The British Psychological Society.

Linking microbial and ecosystem ecology using ecological stoichiometry: a synthesis of conceptual and empirical approaches

Science.gov (United States)

Hall, E.K.; Maixner, F.; Franklin, O.; Daims, H.; Richter, A.; Battin, T.

2011-01-01

Currently, one of the biggest challenges in microbial and ecosystem ecology is to develop conceptual models that organize the growing body of information on environmental microbiology into a clear mechanistic framework with a direct link to ecosystem processes. Doing so will enable development of testable hypotheses to better direct future research and increase understanding of key constraints on biogeochemical networks. Although the understanding of phenotypic and genotypic diversity of microorganisms in the environment is rapidly accumulating, how controls on microbial physiology ultimately affect biogeochemical fluxes remains poorly understood. We propose that insight into constraints on biogeochemical cycles can be achieved by a more rigorous evaluation of microbial community biomass composition within the context of ecological stoichiometry. Multiple recent studies have pointed to microbial biomass stoichiometry as an important determinant of when microorganisms retain or recycle mineral nutrients. We identify the relevant cellular components that most likely drive changes in microbial biomass stoichiometry by defining a conceptual model rooted in ecological stoichiometry. More importantly, we show how X-ray microanalysis (XRMA), nanoscale secondary ion mass spectroscopy (NanoSIMS), Raman microspectroscopy, and in situ hybridization techniques (for example, FISH) can be applied in concert to allow for direct empirical evaluation of the proposed conceptual framework. This approach links an important piece of the ecological literature, ecological stoichiometry, with the molecular front of the microbial revolution, in an attempt to provide new insight into how microbial physiology could constrain ecosystem processes.

Interdisciplinary collaboration in gerontology and geriatrics in Latin America: conceptual approaches and health care teams.

Science.gov (United States)

Gomez, Fernando; Curcio, Carmen Lucia

2013-01-01

The underlying rationale to support interdisciplinary collaboration in geriatrics and gerontology is based on the complexity of elderly care. The most important characteristic about interdisciplinary health care teams for older people in Latin America is their subjective-basis framework. In other regions, teams are organized according to a theoretical knowledge basis with well-justified priorities, functions, and long-term goals, in Latin America teams are arranged according to subjective interests on solving their problems. Three distinct approaches of interdisciplinary collaboration in gerontology are proposed. The first approach is grounded in the scientific rationalism of European origin. Denominated "logical-rational approach," its core is to identify the significance of knowledge. The second approach is grounded in pragmatism and is more associated with a North American tradition. The core of this approach consists in enhancing the skills and competences of each participant; denominated "logical-instrumental approach." The third approach denominated "logical-subjective approach" has a Latin America origin. Its core consists in taking into account the internal and emotional dimensions of the team. These conceptual frameworks based in geographical contexts will permit establishing the differences and shared characteristics of interdisciplinary collaboration in geriatrics and gerontology to look for operational answers to solve the "complex problems" of older adults.

The Possibility of Developing Researches in the Legal Field Making use of the Qualitative Approach Methodology

Directory of Open Access Journals (Sweden)

Adriana Ferreira Serafim de Oliveira

2016-10-01

Full Text Available This article, through the deductive research, discusses the possibility to research in the field of legal sciences through the qualitative methodology used in the researches in Human Sciences. The north for this study was given by the qualitative methodology to the exploration of the content of the bibliography interdisciplinary elected in Law and Education areas, considering the object of the study the connection of the objects of the research in these areas. Education, in Human Sciences, uses this approach to investigate facts through documentary or field research and the same methodology can be applied in the Law area.

Calibrating Legal Judgments

Directory of Open Access Journals (Sweden)

Frederick Schauer

2017-09-01

Full Text Available Objective to study the notion and essence of legal judgments calibration the possibilities of using it in the lawenforcement activity to explore the expenses and advantages of using it. Methods dialectic approach to the cognition of social phenomena which enables to analyze them in historical development and functioning in the context of the integrity of objective and subjective factors it determined the choice of the following research methods formallegal comparative legal sociological methods of cognitive psychology and philosophy. Results In ordinary life people who assess other peoplersaquos judgments typically take into account the other judgments of those they are assessing in order to calibrate the judgment presently being assessed. The restaurant and hotel rating website TripAdvisor is exemplary because it facilitates calibration by providing access to a raterrsaquos previous ratings. Such information allows a user to see whether a particular rating comes from a rater who is enthusiastic about every place she patronizes or instead from someone who is incessantly hard to please. And even when less systematized as in assessing a letter of recommendation or college transcript calibration by recourse to the decisional history of those whose judgments are being assessed is ubiquitous. Yet despite the ubiquity and utility of such calibration the legal system seems perversely to reject it. Appellate courts do not openly adjust their standard of review based on the previous judgments of the judge whose decision they are reviewing nor do judges in reviewing legislative or administrative decisions magistrates in evaluating search warrant representations or jurors in assessing witness perception. In most legal domains calibration by reference to the prior decisions of the reviewee is invisible either because it does not exist or because reviewing bodies are unwilling to admit using what they in fact know and employ. Scientific novelty for the first

Religious legal systems: challenges of the modernity

Directory of Open Access Journals (Sweden)

Д. В. Лук’янов

2015-11-01

Full Text Available The influence of world globalization processes on the development of the religious legal systems has been analyzed in the paper. Globalization processes in the XXI century are regarding individuals, nations, and civilizations. Global transformations lead to qualitative changes in the socio-cultural relations and actualize a wide range of issues which are related to the formation of a new world culture. Modern globalization takes diverse range of public relations in its own orbit. The relationship between the legal systems in the twentieth century is some of the most important aspects of this process. However, the interaction of legal systems has significant differences from the interaction of economies of different countries. There are actual economic relations domination of Western financial and economic institutions and standardization of relevant rules. But the attempts to apply this approach to law lead to resistance to Western standards and the spread of major civilizational conflicts in different parts of the world. Globalization should be based on respect for cultural, religious and legal diversity. It has to ensure preservation of forced “Westernisation”. Significant differences in the impact of globalization on the convergence of legal systems of Western law (Romano-Germanic and Anglo-American and their impact on religious legal systems of Muslim, Hindu and Jewish law must be emphasized. The religious legal systems are not exposed to other systems and the related changes. This is due to such features as the divine nature, increased stability, specific sources of law etc. An important issue that requires further study is the reverse influence which religious law exercises to secularized modern legal system.

Comparison of Two Different Techniques of Cooperative Learning Approach: Undergraduates' Conceptual Understanding in the Context of Hormone Biochemistry

Science.gov (United States)

Mutlu, Ayfer

2018-01-01

The purpose of the research was to compare the effects of two different techniques of the cooperative learning approach, namely Team-Game Tournament and Jigsaw, on undergraduates' conceptual understanding in a Hormone Biochemistry course. Undergraduates were randomly assigned to Group 1 (N = 23) and Group 2 (N = 29). Instructions were accomplished…

Legal Hybrids

DEFF Research Database (Denmark)

Herrmann, Janne Rothmar

2009-01-01

in which embryos and foetuses are placed are much more complex. These categories are identified using Danish legislation as an example and on that basis the article extracts and identifies the different parameters that play a part in the legal categorisation of the human conceptus.......The article discusses the inadequacy of traditional theory on legal personhood in relation to embryos and foetuses. To challenge the somewhat binary view of legal personhood according to which the ‘born alive' criterion is paramount the article demonstrates that the number of legal categories...

Bootstrapping: Una teoría explicativa del cambio conceptual Bootstrapping: A theory for conceptual change

Directory of Open Access Journals (Sweden)

José Antonio Castorina

2005-12-01

Full Text Available El presente artículo expone la teoría explicativa propuesta por Carey para el cambio conceptual. Primeramente, se plantea la cuestión de la reorganización conceptual en la psicología cognitiva y la posición de Carey. En segundo lugar, se ponen de relieve las condiciones epistémica que deben cumplir las "teorías" infantiles para que la reestructuración conceptual sea posible, así como los modos que adopta esta última. En tercer lugar, se muestran los resultados de investigaciones que verifican el cambio conceptual entre teorías infantiles de biología intuitiva. En cuarto lugar, se plantean las dificultades de otras teorías del cambio conceptual, para luego formular los rasgos del mecanismo alternativo de bootstrapping y su pertinencia para interpretrar los datos de las indagaciones mencionadas. Finalmente, se evalúan la originalidad de la teoría del bootstrpping en el escenario de los debates contemporáneos. Muy especialmente, se esboza una posible aproximación con las tesis dialécticas de Piaget.This paper examines the Carey's theory of conceptual change. First, it describes the conceptual reorganization in cognitive psychology and the author position. Second, the epistemic conditions that children "theories" should fulfil to make conceptual restructuring possible, as well as the ways adopted by the latter, are analyzed. In third place, findings of researches testing the conceptual change among biology intuitive children theories are explained. Subsequently, it discusses the difficulties other theories of conceptual change present, in order to state features of bootstrapping as an alternative mechanism and its relevance for the interpretation of abovementioned researches results. Finally, it evaluates the originality of "bootstrapping" theory in the scene of contemporary debates. It particularly outlines a possible approach to Piaget's dialectic theses.

Modeling the legal field of formation of socially responsible conduct among pharmacy specialists

Directory of Open Access Journals (Sweden)

N. O. Tkachenko

2018-03-01

of the conceptual-categorical apparatus of social standards and guarantees; contradiction between normative legal acts; unfavorable conditions for small business, created by the Tax Code of Ukraine; the neglect of legal norms, the determination of a priority exclusively by receiving a profit, ignoring the PhO and pharmacists moral and ethical principles; inadequate level of political and legal culture in the society; the rejection of the law rule by the political elite and the interpretation of legal norms in their favor; passive behavior of public organizations in the pharmaceutical sector; weak control of the public authorities compliance with standards of current legislature. All specified problems stipulate difficulties in the effective SR implementation.

Conceptual graph grammar--a simple formalism for sublanguage.

Science.gov (United States)

Johnson, S B

1998-11-01

There are a wide variety of computer applications that deal with various aspects of medical language: concept representation, controlled vocabulary, natural language processing, and information retrieval. While technical and theoretical methods appear to differ, all approaches investigate different aspects of the same phenomenon: medical sublanguage. This paper surveys the properties of medical sublanguage from a formal perspective, based on detailed analyses cited in the literature. A review of several computer systems based on sublanguage approaches shows some of the difficulties in addressing the interaction between the syntactic and semantic aspects of sublanguage. A formalism called Conceptual Graph Grammar is presented that attempts to combine both syntax and semantics into a single notation by extending standard Conceptual Graph notation. Examples from the domain of pathology diagnoses are provided to illustrate the use of this formalism in medical language analysis. The strengths and weaknesses of the approach are then considered. Conceptual Graph Grammar is an attempt to synthesize the common properties of different approaches to sublanguage into a single formalism, and to begin to define a common foundation for language-related research in medical informatics.

Money Laundering. Aspects of Legal and Criminal Issues

Directory of Open Access Journals (Sweden)

Alina DUMITRACHE

2011-11-01

Full Text Available This study aims at analyzing objectively various techniques and methods of money laundering, both in classical and modern ways, by presenting case studies from the legal practice in Romania, in an attempt to clarify a number of issues related to the complexity of this crime, current and future tendencies of financial criminals for laundering proceeds of crime. Also, according to the analysis of comparative law performed in the last chapter, we highlighted a number of similarities and differences between the Romanian legislation and the legislative laws of other states, surprising the forms and effects of money laundering on the studied national systems as well as highlighting the measures for preventing and fighting against these crimes adopted by the analyzed legal systems. The comparative approach of the criminal and legal framework of preventing and combating money laundering is essential for the Romanian legal system efficiency in this matter.

Space and the complexity of European rules and policies: The common projects Galileo and GMES—precedence for a new European legal approach?

Science.gov (United States)

Froehlich, Annette

2010-04-01

The two European flagship space projects, Galileo and GMES, clearly show that the current existing legal rules of the two organisations involved (European Union and European Space Agency) are not compatible. Moreover, it is quite impossible to implement a common project if every single organisation insists on the application of its own rules strictu sensu. Nevertheless, due to the political desire to advance these projects rapidly and to make them a success, legal obstacles were to be overcome. Consequently, recently concluded agreements between ESA and the EU-Commission concerning the financial and governmental matters of the Galileo and GMES implementation feature a new approach to cooperation between these two organisations. However, the question remains if they can be taken as precedence for a future institutionalised cooperation? It follows that the agreements have to be analysed in order to understand how a mutually acceptable agreement was reached despite the disparity in the rules of both organisations. In this regard, especially the financial decision agreement concerning Galileo in December 2007 shows a very interesting and unique way in applying EU-competition law. In the same way, the GMES-Delegation Agreement of spring 2008 is a good example of how two different legal systems can be applied to make a project success. Additionally, the reasons and arguments of both organisations have to be considered, especially once the Treaty of Lisbon will be in force. As these two main projects of the European Space Policy are characterized by the desire for a successful European cooperation, they can be regarded as an important step forward for a new legal approach. A new system emerges which could be taken into consideration for further common projects undertaken by ESA and the EU.

Regional Legal Assistance

Directory of Open Access Journals (Sweden)

Abdul Fatah

2015-06-01

Full Text Available Legal aid policy in the area carried out on several considerations including: Implementation of the authority given to the legal aid act, granting the guarantee and protection of access to justice and equality before the law in the area, equitable distribution of justice and increase public awareness and understanding of the law, and legal implications that accompanied the emergence of the right to legal counsel without pay and the right to choose the legal settlement. How To Cite Fatah, A. (2015. Regional Legal Assistance. Rechtsidee, 2(1, 1-10. doi:http://dx.doi.org/10.21070/jihr.v2i1.7

New Conceptual Design Tools

DEFF Research Database (Denmark)

Pugnale, Alberto; Holst, Malene Kirstine; Kirkegaard, Poul Henning

2010-01-01

hand, the main software houses are trying to introduce powerful and effective user-friendly applications in the world of building designers, that are more and more able to fit their specific requirements; on the other hand, some groups of expert users with a basic programming knowledge seem to deal......This paper aims to discuss recent approaches in using more and more frequently computer tools as supports for the conceptual design phase of the architectural project. The present state-of-the-art about software as conceptual design tool could be summarized in two parallel tendencies. On the one...... with the problem of software as conceptual design tool by means of 'scripting', in other words by self-developing codes able to solve specific and well defined design problems. Starting with a brief historical recall and the discussion of relevant researches and practical experiences, this paper investigates...

Racial, Ethnic, or National Minority? Legal Discourses and Policy Frameworks on the Roma in Hungary and Beyond

Directory of Open Access Journals (Sweden)

Andras L. Pap

2015-09-01

Full Text Available Inspired by recent Hungarian legislative developments that, in reference to the Roma minority, exchanged the term “ethnic minority” with “nationality”, by providing a detailed case study of the development and morphology of policy measures and frameworks in Hungary, the article provides a general assessment of the relationship between policy instruments and terminology: that is, definitions and conceptualizations in international and domestic legal and policy documents for minority groups. The author argues that while terminology in itself is not a reliable signifier for policy frameworks, it may reveal contradictory group conceptualization and inconsistent policy-making. In regards to the Roma, the author claims that the inconsistent labelling as an ethnic, racial and national minority reflects the lack of consistent conceptualization of who the Roma are, and what should be done with them.

The Use of Legally-Imposed and Locally-Negotiated Incentive Approaches in the Siting of Nuclear Waste Management Facilities: Comparing Stakeholders' Views in the Czech Republic, Poland and Slovenia - 13534

International Nuclear Information System (INIS)

Kojo, Matti; Richardson, Phil

2013-01-01

The purpose here is to contribute to the discussion surrounding the use of community benefits (also known as added value) in radioactive waste facility siting programmes. These are becoming more widely used following a series of programme failures around the world, due in the main to a lack of local involvement. A number of different models for the use of community benefits and why they may or may not assist a siting process exist in the literature, based on either a voluntary market approach or one involving coercion by a state authority or developer. Review of real-life examples suggests that two main approaches to the use of benefits exist, a 'legally-mandated' approach where details are laid down in legislation, and a 'locally-negotiated' approach where the details are agreed by the parties through discussions. As part of the European Commission supported IPPA project (Implementing Public Participation Approaches in Radioactive Waste Disposal), stakeholder groups in three participant countries, the Czech Republic, Poland and Slovenia, all of which currently utilise the 'legally-mandated' approach to the provision of community benefits, were invited to respond to a series of questions designed to explore their attitudes and thoughts about the two approaches and related issues such as trust in the institutions and the legal framework. Some initial results and conclusions are presented, although this work is continuing and will be reported at the end of the IPPA project in 2013. (authors)

Trappings of technology: casting palliative care nursing as legal relations.

Science.gov (United States)

Larsen, Ann-Claire

2012-12-01

Community palliative care nurses in Perth have joined the throng of healthcare workers relying on personal digital assistants (PDAs) to store, access and send client information in 'real time'. This paper is guided by Heidegger's approach to technologies and Habermas' insights into the role of law in administering social welfare programs to reveal how new ethical and legal understandings regarding patient information add to nursing's professional responsibilities. This qualitative research interprets data from interviews with twenty community palliative care nurses about clients' legal rights to informational privacy and confidentiality. It explores nurses' views of their nursing responsibilities regarding clients' legal rights, liability issues, bureaucratic monitoring and enforcement procedures. It concludes that nurses and clients are construed as legal subjects entrenched in legal relations that have magnified since these nurses began using PDAs in 2005/2006. © 2011 Blackwell Publishing Ltd.

From Sensory Signals to Modality-Independent Conceptual Representations: A Probabilistic Language of Thought Approach.

Directory of Open Access Journals (Sweden)

Goker Erdogan

2015-11-01

Full Text Available People learn modality-independent, conceptual representations from modality-specific sensory signals. Here, we hypothesize that any system that accomplishes this feat will include three components: a representational language for characterizing modality-independent representations, a set of sensory-specific forward models for mapping from modality-independent representations to sensory signals, and an inference algorithm for inverting forward models-that is, an algorithm for using sensory signals to infer modality-independent representations. To evaluate this hypothesis, we instantiate it in the form of a computational model that learns object shape representations from visual and/or haptic signals. The model uses a probabilistic grammar to characterize modality-independent representations of object shape, uses a computer graphics toolkit and a human hand simulator to map from object representations to visual and haptic features, respectively, and uses a Bayesian inference algorithm to infer modality-independent object representations from visual and/or haptic signals. Simulation results show that the model infers identical object representations when an object is viewed, grasped, or both. That is, the model's percepts are modality invariant. We also report the results of an experiment in which different subjects rated the similarity of pairs of objects in different sensory conditions, and show that the model provides a very accurate account of subjects' ratings. Conceptually, this research significantly contributes to our understanding of modality invariance, an important type of perceptual constancy, by demonstrating how modality-independent representations can be acquired and used. Methodologically, it provides an important contribution to cognitive modeling, particularly an emerging probabilistic language-of-thought approach, by showing how symbolic and statistical approaches can be combined in order to understand aspects of human perception.

ERRORS AND DIFFICULTIES IN TRANSLATING LEGAL TEXTS

Directory of Open Access Journals (Sweden)

Camelia, CHIRILA

2014-11-01

Full Text Available Nowadays the accurate translation of legal texts has become highly important as the mistranslation of a passage in a contract, for example, could lead to lawsuits and loss of money. Consequently, the translation of legal texts to other languages faces many difficulties and only professional translators specialised in legal translation should deal with the translation of legal documents and scholarly writings. The purpose of this paper is to analyze translation from three perspectives: translation quality, errors and difficulties encountered in translating legal texts and consequences of such errors in professional translation. First of all, the paper points out the importance of performing a good and correct translation, which is one of the most important elements to be considered when discussing translation. Furthermore, the paper presents an overview of the errors and difficulties in translating texts and of the consequences of errors in professional translation, with applications to the field of law. The paper is also an approach to the differences between languages (English and Romanian that can hinder comprehension for those who have embarked upon the difficult task of translation. The research method that I have used to achieve the objectives of the paper was the content analysis of various Romanian and foreign authors' works.

Conceptualizing violence for health and medical geography.

Science.gov (United States)

DeVerteuil, Geoffrey

2015-05-01

Despite the fact that violence is a major threat to public health, the term itself is rarely considered as a phenomenon unto itself, and rarely figures explicitly in work by health and medical geographers. In response, I propose a definitionally and conceptually more robust approach to violence using a tripartite frame (interpersonal violence, structural violence, mass intentional violence) and suggest critical interventions through which to apply this more explicit and conceptually more robust approach: violence and embodiment via substance abuse in health geography, and structural violence via mental illness in medical geography. Copyright © 2015 Elsevier Ltd. All rights reserved.

Kind discipline: Developing a conceptual model of a promising school discipline approach.

Science.gov (United States)

Winkler, Jennifer L; Walsh, Michele E; de Blois, Madeleine; Maré, Jeannette; Carvajal, Scott C

2017-06-01

This formative evaluation develops a novel conceptual model for a discipline approach fostering intrinsic motivation and positive relationships in schools. We used concept mapping to elicit and integrate perspectives on kind discipline from teachers, administrators, and other school staff. Three core themes describing kind discipline emerged from 11 identified clusters: (1) proactively developing a positive school climate, (2) responding to conflict with empathy, accountability, and skill, and (3) supporting staff skills in understanding and sharing expectations. We mapped the identified components of kind discipline onto a social ecological model and found that kind discipline encompasses all levels of that model including the individual, relational, environmental/structural, and even community levels. This contrasts with the dominant individual-behavioral discipline approaches that focus on fewer levels and may not lead to sustained student and staff motivation. The findings illustrate the importance of setting and communicating clear expectations and the need for them to be collaboratively developed. Products of the analysis and synthesis reported here are operationalized materials for teachers grounded in a "be kind" culture code for classrooms. Copyright © 2017 Elsevier Ltd. All rights reserved.

Conceptual approaches to international cooperation between higher education institutions

Directory of Open Access Journals (Sweden)

Tetiana Obolenska

2016-12-01

Full Text Available The existing conceptual and technological approaches to the organization and implementation of international cooperation between higher education institutions with the performance of international accreditation based on education quality system have been characterized in complex, considering the key trends of internationalization of higher education. Priority strategies of higher education internationalization and types of international academic cooperation between universities regarding education services were defined. It has been substantiated that the most important manifestation of higher education internationalization is international cooperation between universities regarding rendering education services, while the highest level of internationalization of this service is joint educational programs. A complex analysis of international accreditation requirements to joint education programs was made on the basis of the system of education quality improvement, its advantages were proven and its distinct features that influence the choice and substantiation of international cooperation, marketing and branding of individual programs were characterized. Technology of international accreditation for joint programs was detailed. Special attention was paid to the practical component of launching joint degree programs between Ukrainian and foreign higher education institutions. The experience of joint master’s degree programs of Kyiv National Economic University named after Vadym Hetman and the University of Redlands Business School (California, USA was analyzed.

Community Collectivism: A social dynamic approach to conceptualizing culture.

Science.gov (United States)

Akkuş, Birol; Postmes, Tom; Stroebe, Katherine

2017-01-01

Culture shapes individuals, but the measurement of cultural differences has proven a challenge. Traditional measures of cultural values focus on individual perceptions. We suggest that values are established and maintained within social communities of proximate others, such as the family and its social environment. Within such communities, values serve to maintain collective harmony whilst preserving individual agency. From a social-dynamic analysis of communities, we infer that community values of loyalty regulate individual commitment, values of honor regulate norm compliance, and values of group hierarchy maintain a division of labor. In addition, communities may regulate the ways in which individuals have independent agency. A new scale to measure these values was validated in four studies (N = 398, 112, 465 and 111) among Dutch (religious and non-religious), Turkish-Dutch, Surinamese and Turkish groups. Values and practices were measured at the level of the individual ('What do you value?') and at the level of the perceived community ('What does your community value?'). Results show that, unlike individual-level measures of individualism/collectivism, this scale has excellent reliability, differentiates between cultural groups, and has predictive validity for future (voting) behavior. This approach provides a new way of conceptualizing culture, a new measure of collectivism and new insights into the role of proximate others in shaping culture.

Conceptual Change within Dyadic Interactions: The Dance of Conceptual and Material Agency

Science.gov (United States)

Heyd-Metzuyanim, Einat; Schwarz, Baruch B.

2017-01-01

We offer a new approach to emergent knowledge in processes of conceptual change in dyadic interaction by drawing on Pickering's ("The Mangle of Practice," The University of Chicago Press, London, 1995) Mangle of Practice theory, which theorizes the emergence of new scientific knowledge as occurring due to material resistance and human…

The Conceptual Framework of Strategic Management Accounting

Directory of Open Access Journals (Sweden)

Iershova Natalia Yu.

2017-03-01

Full Text Available The aim of the article is to elaborate a conceptual framework for strategic management accounting. By analyzing, systematizing and generalizing the structural and characteristic approaches of many scientists, the content of the concept “strategic management accounting” is defined; the identification of system-forming elements of the conceptual framework of strategic management accounting is presented. Based on the results of the research, the conceptual framework of strategic management accounting revealing the economic mechanism of its functioning is elaborated; scientific approaches that ensure its development as a holistic system and empirical science are defined; the methodology determining the organizational and methodological possibilities of its practical building at enterprises is improved. Prospects for further research in this area are the elaboration of a modern concept of strategic management accounting aimed at information-anticipating reflection of the events sequence and support of feedbacks based on proactive information support for strategic management.

Conceptual and functional approach to the design of optimized strategies of intervention for environmental restoration after a serious nuclear accident

International Nuclear Information System (INIS)

Vazquez, C.; Gutierrez, J.

1997-01-01

This work constitutes an approach to defining methodologies to deal with environmental recovery after an accident. This is a complex issue which has neither been conceptually nor functionally solved. This report summarizes the developments of the operating research projects of the Radiological Protection Programme for Intervention at CIEMAT

Legal framework for e-research : realising the potential

CERN Document Server

2008-01-01

Legal Framework for e-Research: Realising the Potential provides an overview of key legal issues facing e-Research. Part One of this book considers the broader prospect and context of what e-Research will allow. Part Two looks more closely at the role law will play in the e-Research environment. Part Three focuses on the key issues of data exchange and data management highlighting important legal issues. Part Four reflects on the changing nature of Scholarly Communications while Part Five looks at the fundamental role of agreements for collaborative endeavour (contracts) in structuring collaboration and calls for greater consideration of way we can streamline the process. Part Six examines the role and operation of privacy law in an e-Research world while Part Seven posits a new approach to commercialisation that embraces the paradigm of open innovation. Part Eight looks at the international legal implications for e-Research and Part Nine considers the national survey we undertook on e-Research, collaborative...

Interactive Digital Storytelling: Towards a Hybrid Conceptual Approach

OpenAIRE

Spierling, Ulrike

2005-01-01

1 Introduction In this contribution, Interactive Digital Storytelling is viewed as a hybrid form of game design and cinematic storytelling for the understanding and making of future learning and entertainment applications. The paper shall present formal design models that provide a conceptual bridge between both traditional linear narrative techniques as well as agent-based emergent conversations with virtual characters. In summary, a theoretical classification of thinking models for authors ...

#MeToo? Legal Discourse and Everyday Responses to Sexual Violence

Directory of Open Access Journals (Sweden)

Alison Gash

2018-05-01

Full Text Available Legal consciousness scholars identify the ways in which law is referenced to authorize, define and evaluate behaviors and choices that occur far outside any formal legal framework. They define legality as the “meanings, sources of authority, and cultural practices that are commonly recognized as legal, regardless of who employs them or for what ends.” We use the idea of legality to argue that, in matters of sexual assault and rape, the limits of the law extend beyond the courtroom. Rather than simply influencing or guiding only those who are willing to consult the law in their efforts to seek justice, laws and legal discourse have the potential to frame and constrain any attempt to discuss experiences of sexual violence. #MeToo and other forms of “consciousness-raising” for sexual violence highlight the limiting effects of law and legal discourse on public discussion of sexual violence. We find that, paradoxically, in the case of sexual violence law has the capacity to undermine the goals and benefits of consciousness-raising approaches, privatizing the experience of sexual assault and silencing its victims.

Legal argumentation and judicial decision making: Empirical evidence from Ecuador

Directory of Open Access Journals (Sweden)

José Luis Castro-Montero

2018-05-01

Full Text Available Legal scholars often analyze argumentation from a formal perspective, mostly applied to judicial decision making. This article presents an alternative approach, as it empirically evaluates the quality of petitioners’ legal argumentation within the context of abstract constitutional review proceedings. The quality of legal argumentation is herein defined as the ability of the petitioner to (i identify the challenged norm and the potentially infringed constitutional norm, (ii present clear and coherent arguments, and (iii justify its arguments upon legal sources, such as jurisprudential precedents or legal doctrine. Original data on forty lawsuits presented before the Ecuadorian Constitutional Court between 2008 and 2016 is used to test whether legal argumentation determines the outcome of a decision. A novel measure of the overall quality of argumentation and strength of cases brought before the Ecuadorian Constitutional Court by both public and private parties is also developed in the form of an expert survey. The main findings suggest that plaintiffs’ legal argumentation quality does not determine the outcome of the final decision of the Ecuadorian Constitutional Court, but rather the type of plaintiff (public or private does.

Some New Ideas on the Role of Legal Analysis applied to the Regulation of Telecommunications Services in Brazil

Directory of Open Access Journals (Sweden)

Marcus Faro de Castro

2016-08-01

Full Text Available Purpose – The paper aims to present new ideas and analytical approaches developed in recent years by Brazilian legal scholars regarding regulation and economic development. Regulatory law of telecommunications services is taken as an example of application of such new ideas and analytical approaches. Methodology/approach/design – Two main approaches to the relationship between law and economic issues are described: the New Law and Development (NLD approach and the Legal Analysis of Economic Policy (LAEP perspective. The paper highlights prominent ideas of each perspective. Findings – The paper shows that there are structured ideas available in recent Brazilian legal literature which have a non-negligible potential of being explored in legal discussions and analyses of economic policy and regulatory issues of many sectors of emerging economies, including the telecommunications industry. Originality/value – The paper offers valuable contributions that may help in efforts to enhance and innovate the role of legal expertise in the regulatory process of several economic sectors, including the telecommunications sector.

Legal method in danish law

DEFF Research Database (Denmark)

Blume, Peter Erik

and furthermore a brief account of Danish legal history is provided. The following chapters concern: • Legal institutions, • Statute and Statutory Law • Legal Decisions • Legal Literature and Legal Knowledge • Other National Legal Sources • External Influences on Danish Law......This book describes how legal method is used within the Danish legal system. Its target group is foreign lawyers and law students who have an interest in knowing how Danish law commonly is determined and applied. In the first chapters legal method and legal sources in general are defined...

Mass discharge estimation from contaminated sites: Multi-model solutions for assessment of conceptual uncertainty

DEFF Research Database (Denmark)

Thomsen, Nanna Isbak; Troldborg, Mads; McKnight, Ursula S.

2012-01-01

site. The different conceptual models consider different source characterizations and hydrogeological descriptions. The idea is to include a set of essentially different conceptual models where each model is believed to be realistic representation of the given site, based on the current level...... the appropriate management option. The uncertainty of mass discharge estimates depends greatly on the extent of the site characterization. A good approach for uncertainty estimation will be flexible with respect to the investigation level, and account for both parameter and conceptual model uncertainty. We...... propose a method for quantifying the uncertainty of dynamic mass discharge estimates from contaminant point sources on the local scale. The method considers both parameter and conceptual uncertainty through a multi-model approach. The multi-model approach evaluates multiple conceptual models for the same...

LEGAL AND ECONOMIC PERSPECTIVES ON THE LEGAL PENALTY INTEREST

Directory of Open Access Journals (Sweden)

Rodica Diana APAN

2014-06-01

Full Text Available The legal evaluation of the penalty interest, meaning the ex lege determination of its level is applicable only in the case of non-fulfillment of a monetary payment obligation. The applicability of the system of legal evaluation of the interest is generally determined by the absence of a document that ascertains the agreement of the parties, such as a contract, through which the parties, following this agreement, evaluate the prejudice caused by the non-fulfillment of a monetary payment obligation, before the prejudice has occurred. The legal evaluation of the penalty interest, as a component of the regulation in the field of legal interest has the purpose to ensure creditor’s protection. Regardless of the prejudice caused to the creditor, the legal penalty interest shall be determined by relating it to a variable benchmark that is the level of the reference interest rate of the National Bank of Romania, which is the monetary policy interest rate of the National Bank of Romania.

Evaluating the Legitimacy of Contemporary Legal Strategies for Obesity.

Science.gov (United States)

Morain, Stephanie

2015-12-01

Contemporary legal strategies for obesity raise troubling questions regarding individual liberty and the legitimate scope of public health authority. This article argues that the predominant approach to assessing public health legitimacy--John Stuart Mill's "harm principle"--may be unsuitable for evaluating the legitimacy of legal strategies for obesity. The article proposes an alternative test for assessing the legitimate scope of public health authority: John Rawls's liberal principle of legitimacy. It outlines how Rawls's principle would evaluate obesity policies, and contrasts this evaluation to that of Mill. The alternative test avoids some of the limitations of the Millian approach, and may offer an improved mechanism for assessing the liberty effects of policies for obesity and other public health activities.

Can Bayesian Belief Networks help tackling conceptual model uncertainties in contaminated site risk assessment?

DEFF Research Database (Denmark)

Troldborg, Mads; Thomsen, Nanna Isbak; McKnight, Ursula S.

different conceptual models may describe the same contaminated site equally well. In many cases, conceptual model uncertainty has been shown to be one of the dominant sources for uncertainty and is therefore essential to account for when quantifying uncertainties in risk assessments. We present here......A key component in risk assessment of contaminated sites is the formulation of a conceptual site model. The conceptual model is a simplified representation of reality and forms the basis for the mathematical modelling of contaminant fate and transport at the site. A conceptual model should...... a Bayesian Belief Network (BBN) approach for evaluating the uncertainty in risk assessment of groundwater contamination from contaminated sites. The approach accounts for conceptual model uncertainty by considering multiple conceptual models, each of which represents an alternative interpretation of the site...

Affirmation of the Legal Status of Taxpayers in Montenegro

Directory of Open Access Journals (Sweden)

Božović Srđa

2016-09-01

Full Text Available Public needs cannot be adequately funded without a clear and legally based affirmative legal status of taxpayers. The promotion and protection of their rights and regular fulfilment of tax obligations by taxpayers is the basis of fiscal and financial stability of the country and other public collectivities. It is essential for Montenegro to overcome the traditional gap between taxpayers and tax administration through their partnership. At the same time, we must not jeopardize the basic purpose of taxation - legal and timely payment of taxes. Simple and stable tax regulations and a non-discriminating and subtle approach to building tax discipline and development of tax morale should serve that purpose.

Teaching legal competencies through an individualized elective in medicine and law.

Science.gov (United States)

Kapp, Marshall B

2016-10-14

Medical education, including education intended to prepare future physicians to care to older individuals, should include development and implementation of competencies relating to a physician's ability to understand and interact with the legal environment and legal actors who will affect the practice of medicine. The wisdom of integrating legal knowledge into the medical curriculum has been documented, and literature discusses the content and methods of teaching medical students and residents about law and the legal system. This article describes one unique but replicable, pedagogical approach to preparing future physicians to thrive in their inevitably interprofessional careers as they fulfill the fiduciary responsibilities that lie at the heart of their therapeutic and advocacy relationships with older patients.

Complicaciones de lo ilegal y de lo informal: el “Business”, una propuesta conceptual

Directory of Open Access Journals (Sweden)

Johanna Parra

2013-07-01

Full Text Available This article is a theoretical reflection based on extensive ethnographic fieldwork on the street markets of the Mexican capital. It examines the uses of the categories "illegal" and "informal" and the limitations these legal and economic definitions imply for the anthropological study of economy and society in the case of the street merchants of Mexico City. We present the concept of "Business" as a conceptual construction that helps in understanding this world.

Citizen Journalism as Conceptual Practice

DEFF Research Database (Denmark)

Blaagaard, Bolette

itizen Journalism as Conceptual Practice provides a conceptualization of citizen journalism as a political practice developed through analyses of an historical and postcolonial case. Arguing that citizen journalism is first and foremost situated, embodied and political rather than networked...... and formulates a critical reading of citizens’ and subjects’ mediated political engagements then as well as now. The book discusses current approaches to citizen journalism before turning to The Herald, which is then read against the grain in an attempt to show the embodied politics of colonial history...... and cultural forms of citizen engagement as these politics evolve in this particular case of journalism...

Human trafficking and health: a conceptual model to inform policy, intervention and research.

Science.gov (United States)

Zimmerman, Cathy; Hossain, Mazeda; Watts, Charlotte

2011-07-01

Human trafficking is an international crime renowned for extreme forms of violence against women, men and children. Although trafficking-related violence has been well-documented, the health of trafficked persons has been a largely neglected topic. For people who are trafficked, health risks and consequences may begin before they are recruited into the trafficking process, continue throughout the period of exploitation and persist even after individuals are released. Policy-making, service provision and research often focus narrowly on criminal violations that occur during the period of exploitation, regularly overlooking the health implications of trafficking. Similarly, the public health sector has not yet incorporated human trafficking as a health concern. We present a conceptual model that highlights the migratory and exploitative nature of a multi-staged trafficking process, which includes: 'recruitment', travel-transit', 'exploitation' and 'integration' or 'reintegration', and for some trafficked persons, 'detention' and 're-trafficking' stages. Trafficked persons may suffer from physical, sexual and psychological harm, occupational hazards, legal restrictions and difficulties associated with being marginalised or stigmatised. Researchers and decision-makers will benefit from a theoretical approach that conceptualizes trafficking and health as a multi-staged process of cumulative harm. To address a health risk such as trafficking, which spans geographical boundaries and involves multiple sectors, including immigration and law enforcement, labour, social and health services, interventions must be coordinated between nations and across sectors to promote the protection and recovery of people who are trafficked. Copyright © 2011 Elsevier Ltd. All rights reserved.

Implications of marijuana legalization for adolescent substance use.

Science.gov (United States)

Hopfer, Christian

2014-01-01

Marijuana that is legally available for adults has multiple implications for adolescent substance use. One potential effect that legalization may have is an increase in adolescent use to due increased availability, greater social acceptance, and possibly lower prices. Legalization may also facilitate the introduction of new formulations of marijuana (edible, vaporized) and with potentially higher potencies. It is unknown what adolescent consumption patterns will be if marijuana is widely available and marketed in different forms, or what effects different patterns of adolescent use will have on cognition, the development of marijuana use disorders, school performance, and the development of psychotic illnesses. Also unclear is whether adolescent users will be experiencing higher levels of tetrahydrocannabinol (THC) compared with previous generations of users due to higher potencies. Although previous studies of the effects of adolescent marijuana use provide some guidance for current policy and public health recommendations, many new studies will be needed that answer questions in the context of use within a legal adult environment. Claims that marijuana has medicinal benefits create additional challenges for adolescent prevention efforts, as they contrast with messages of its harmfulness. Prevention and treatment approaches will need to address perceptions of the safety of marijuana, claims of its medicinal use, and consider family-wide effects as older siblings and parents may increasingly openly consume and advocate for marijuana use. Guidance for primary care physicians will be needed regarded screening and counseling. Widespread legalization and acceptance of marijuana implies that as law enforcement approaches for marijuana control decline, public health, medical, and scientific efforts to understand and reduce negative consequences of adolescent marijuana use need to be substantially increased to levels commensurate with those efforts for tobacco and alcohol.

Community Collectivism: A social dynamic approach to conceptualizing culture

Science.gov (United States)

Postmes, Tom; Stroebe, Katherine

2017-01-01

Culture shapes individuals, but the measurement of cultural differences has proven a challenge. Traditional measures of cultural values focus on individual perceptions. We suggest that values are established and maintained within social communities of proximate others, such as the family and its social environment. Within such communities, values serve to maintain collective harmony whilst preserving individual agency. From a social-dynamic analysis of communities, we infer that community values of loyalty regulate individual commitment, values of honor regulate norm compliance, and values of group hierarchy maintain a division of labor. In addition, communities may regulate the ways in which individuals have independent agency. A new scale to measure these values was validated in four studies (N = 398, 112, 465 and 111) among Dutch (religious and non-religious), Turkish-Dutch, Surinamese and Turkish groups. Values and practices were measured at the level of the individual (‘What do you value?’) and at the level of the perceived community (‘What does your community value?’). Results show that, unlike individual-level measures of individualism/collectivism, this scale has excellent reliability, differentiates between cultural groups, and has predictive validity for future (voting) behavior. This approach provides a new way of conceptualizing culture, a new measure of collectivism and new insights into the role of proximate others in shaping culture. PMID:28957447

Community Collectivism: A social dynamic approach to conceptualizing culture.

Directory of Open Access Journals (Sweden)

Birol Akkuş

Full Text Available Culture shapes individuals, but the measurement of cultural differences has proven a challenge. Traditional measures of cultural values focus on individual perceptions. We suggest that values are established and maintained within social communities of proximate others, such as the family and its social environment. Within such communities, values serve to maintain collective harmony whilst preserving individual agency. From a social-dynamic analysis of communities, we infer that community values of loyalty regulate individual commitment, values of honor regulate norm compliance, and values of group hierarchy maintain a division of labor. In addition, communities may regulate the ways in which individuals have independent agency. A new scale to measure these values was validated in four studies (N = 398, 112, 465 and 111 among Dutch (religious and non-religious, Turkish-Dutch, Surinamese and Turkish groups. Values and practices were measured at the level of the individual ('What do you value?' and at the level of the perceived community ('What does your community value?'. Results show that, unlike individual-level measures of individualism/collectivism, this scale has excellent reliability, differentiates between cultural groups, and has predictive validity for future (voting behavior. This approach provides a new way of conceptualizing culture, a new measure of collectivism and new insights into the role of proximate others in shaping culture.

Defining disease beyond conceptual analysis: an analysis of conceptual analysis in philosophy of medicine.

Science.gov (United States)

Lemoine, Maël

2013-08-01

Conceptual analysis of health and disease is portrayed as consisting in the confrontation of a set of criteria--a "definition"--with a set of cases, called instances of either "health" or "disease." Apart from logical counter-arguments, there is no other way to refute an opponent's definition than by providing counter-cases. As resorting to intensional stipulation (stipulation of meaning) is not forbidden, several contenders can therefore be deemed to have succeeded. This implies that conceptual analysis alone is not likely to decide between naturalism and normativism. An alternative to this approach would be to examine whether the concept of disease can be naturalized.

Unpacking "Sexting": A Systematic Review of Nonconsensual Sexting in Legal, Educational, and Psychological Literatures.

Science.gov (United States)

Krieger, Michelle A

2017-12-01

Concerns about sexting are increasingly prevalent in mainstream and academic media despite limited and inconsistent research findings about the practice. Much of this discourse centers around harm and sexting is commonly considered to be a risky behavior. A driving factor in these discussions is the apparent conflation of consensual and nonconsensual acts or sexting behaviors. A systematic review was conducted to determine the extent to which consensual and nonconsensual acts were conflated in the legal, educational, and psychological literatures on sexting, and how nonconsensual sexting was conceptualized within these disciplines. Definitions of sexting varied widely with regard to the inclusion or exclusion of nonconsensual acts. Nonconsensual acts were conceptualized in the following ways: as a risk of sexing, as being the fault of the victim, as bullying, or as a form of violence against women. Implications for research and practice are discussed.

The Legal Case

NARCIS (Netherlands)

Sartor, Giovanni; Contissa, Giuseppe; Schebesta, H.; Laukyte, Migle; Lanzi, Paola; Marti, Patrizia; Paola, Tomasello

2013-01-01

This paper presents the first release of the Legal Case, recently developed by the ALIAS Project and still under refinement. The Legal Case is a methodological tool intended to address liability issues of automated ATM systems: it provides for a legal risk management process that can be applied

Legal Approaches to Online Arbitration: Opportunities and Challenges in Indonesia

OpenAIRE

Fitrianingrum, Agustina; Shahrullah, Rina Shahriyani; Syarief, Elza

2016-01-01

Abstract Online arbitration is one of the mechanisms to settle business disputes. Using online arbitration in Indonesia is challenging because the Indonesian arbitration law (Law No.30 of 1999 concerning Arbitration and Alternative Dispute Resolution) does not specifcally deal with online arbitration. This research provides arguments and evidences that the relevant Indonesian national laws support the use of online arbitration. It adopts a normative legal research with a qualitative approa...

Custom: The Development and Use of a Legal Concept in the Middle Ages

DEFF Research Database (Denmark)

This volume, the fifth in the series, contains the proceedings from the conference Custom. The Development and Use of a Legal Concept in the Middle Ages held at the Law School at the University of Aarhus in May 2008. The volume covers topics from local case studies and studies of learned law...... to broader reflections on the development and use of the legal concept consuetudo and its connection with other sources of law, with the balance between local and regional power structures, and secular and ecclesiastical societies in medieval Europe. Combining the approaches of several historical disciplines...... - political, social, intellectual, and legal -international eminent scholars offer their views on central aspects of the function of legal customs and of the development of one of the most debated concepts in legal historiography of the last century. Students and scholars of European legal history and legal...

Conceptualizations of professional competencies in school health promotion

DEFF Research Database (Denmark)

Carlsson, Monica Susanne

2016-01-01

Purpose: The purpose of the paper is to contribute to the conceptualization and discussion of professional competencies needed for supporting the development of the whole-school approach in school health promotion (SHP). Design: The paper is based a conceptual synthesis of literature, guided...... delineates an overall professional competency model for SHP, discusses the specific demands on professional competencies within this field in relation to this model, and addresses three critical gaps in the conceptualizations of competency. Keywords: Professionals, competence, school health promotion Paper...... by a theoretical perspective on health promotion agency and professional competencies to identify core competency domains and elements. This is followed by a discussion of focus, gaps, and links in conceptualizations of competency domains and elements. Findings: The synthesis identifies five core competency...

Conceptualizations of professional competencies in school health promotion

DEFF Research Database (Denmark)

Carlsson, Monica Susanne

2016-01-01

by a theoretical perspective on health promotion agency and professional competencies to identify core competency domains and elements. This is followed by a discussion of focus, gaps, and links in conceptualizations of competency domains and elements. Findings: The synthesis identifies five core competency...... delineates an overall professional competency model for SHP, discusses the specific demands on professional competencies within this field in relation to this model, and addresses three critical gaps in the conceptualizations of competency. Keywords: Professionals, competence, school health promotion Paper......Purpose: The purpose of the paper is to contribute to the conceptualization and discussion of professional competencies needed for supporting the development of the whole-school approach in school health promotion (SHP). Design: The paper is based a conceptual synthesis of literature, guided...

Conceptualizations of professional competencies in school health promotion

DEFF Research Database (Denmark)

Carlsson, Monica Susanne

2016-01-01

Purpose: The purpose of the paper is to contribute to the conceptualization and discussion of professional competencies needed for supporting the development of the whole-school approach in school health promotion (SHP). Design: The paper is based a conceptual synthesis of literature, guided...... by a theoretical perspective on health promotion agency and professional competencies to identify core competency domains and elements. This is followed by a discussion of focus, gaps, and links in conceptualizations of competency domains and elements. Findings: The synthesis identifies five core competency...... domains: 1) policy-development, 2) organizational development, 3) professional development, 4) development of students’ learning, and 5) development of health promotion activities. Three critical gaps in the conceptualizations of competency domains and elements are identified and discussed: 1...

Legal Considerations for Health Care Practitioners After Superstorm Sandy.

Science.gov (United States)

Hershey, Tina Batra; Van Nostrand, Elizabeth; Sood, Rishi K; Potter, Margaret

2016-06-01

During disaster response and recovery, legal issues often arise related to the provision of health care services to affected residents. Superstorm Sandy led to the evacuation of many hospitals and other health care facilities and compromised the ability of health care practitioners to provide necessary primary care. This article highlights the challenges and legal concerns faced by health care practitioners in the aftermath of Sandy, which included limitations in scope of practice, difficulties with credentialing, lack of portability of practitioner licenses, and concerns regarding volunteer immunity and liability. Governmental and nongovernmental entities employed various strategies to address these concerns; however, legal barriers remained that posed challenges throughout the Superstorm Sandy response and recovery period. We suggest future approaches to address these legal considerations, including policies and legislation, additional waivers of law, and planning and coordination among multiple levels of governmental and nongovernmental organizations. (Disaster Med Public Health Preparedness. 2016;10:518-524).

The Category of Immaturity in a Legal Context

Directory of Open Access Journals (Sweden)

Fedonkina A.A

2014-11-01

Full Text Available We presented psychological and legal approaches to the concept of immaturity, and the definition of the perpetrator. We analyzed the differences of age aspects of the subject of crime in different countries, the criteria for establishing a minimum age of criminal responsibility. We discuss the problem of the possibility of lowering the age of criminal responsibility in the Russian Federation from the point of view of psychological science. We considered the legal category of "mental retardation not associated with mental illness" and its psychological equivalent - "personal immaturity". We describe the main problems arising in the course of the complex judicial, psychological and psychiatric examination for the presence of a mental retardation not associated with mental illness in minor. We presented psychological approaches to the concept of "personal immaturity", described the concept of "mature personality".

Considerations on the legal regime of the unincorporated business forms in Romania

OpenAIRE

Anca POPESCU-CRUCERU

2013-01-01

The analysis of the legal status of the companies aims to unify, in an approach for the comparative and historical method, the trends in relation to theories of legal status of the companies, more so as the rules made by the new Romanian Civil Code amended the institution of the company and partnership and thus its legal status. The methodology considers the logical and teleological analyze of the rules in relation to companies, both those of common law and those belonging to special laws, in...

Legal Philosophy - Five Questions

DEFF Research Database (Denmark)

This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential.......This collection gathers together a host of the most eminent contemporary legal philosophers, who writes about their take on legal philosophy, its fundamental questions and potential....

Elements of a flexible approach for conceptual hydrological modeling : 1. Motivation and theoretical development

NARCIS (Netherlands)

Fenicia, F.; Kavetski, D.; Savenije, H.H.G.

2011-01-01

This paper introduces a flexible framework for conceptual hydrological modeling, with two related objectives: (1) generalize and systematize the currently fragmented field of conceptual models and (2) provide a robust platform for understanding and modeling hydrological systems. In contrast to

Interrelation of the concepts «legal influence» and «administrative-legal influence»

OpenAIRE

Голуб, Віктор Олександрович

2014-01-01

The author analyzes the concept of «legal influence» and «administrative-legal influence» and examines their interrelation. Also the scientific positions related to understanding the essence of these concepts are analyzed. The author gives characteristic of the features, structural elements and forms of the administrative-legal influence. English abstract V. Golub Interrelation of the concepts «legal influence» and «administrative-legal influence» The author analyzes the concept of «legal inf...

Business structures and sustainable regional legal practice: the use of incorporated legal practices by regional, rural and remote legal practitioners

OpenAIRE

Caroline Lydia Hart

2012-01-01

Since 2007 the Legal Profession Act 2007 (Qld) has offered legal practitioners a wider choice of business structure other than sole practitioner or partnership, to include incorporated legal practice ('ILP') or multidisciplinary partnership. In particular the use of ILPs offers legal practitioners a range of benefits in terms of operating a law firm consistent with business management practices. The status of ILP however comes at a cost of putting in place 'appropriate management systems'. ...

Concept Of The Legal System Analysis

Directory of Open Access Journals (Sweden)

Petr E. Zhigockiy

2015-03-01

Full Text Available In the present article an attempt to provide a theoretical analysis of the legal system, and to consider the law as one of the most complicated social phenomena was made. Author notes, that the contradictions prevailing in public practice are unpredictable. Doctrines of law are varied in their approaches, scores and results, but based on a common foundation: the law for people always acted as a certain order in a society, where the differences begin. Author draws attention to the fact, that the state and the law ensure the order in society by removing contradictions and achieving social compromises. The legal reality is divided into certain groups of legal systems, there is a classification. If we are relying on the identification of groups of the same order, there is the theoretical generality as the level of the theory of law on the legal systems basis. Analysis of the political and legal systems will draw attention to the democratic and totalitarian regimes. Totalitarian regimes are characterized by law as means of violence, the means of coercion and suppression. The majority of democratic regimes are characterized by the use of law as a means of social harmony and social compromise. In conclusion, author underlines, that the theory of law can be made not only at the level of each country. This level is a necessary basis for the theory, but not its completion. Based on the individual characteristics of each country's law, that is descended from the general and particular to an individual, the theory can and should continue to make the way back from the individual to the particular and the general.

Surrogacy: ethical and legal issues.

Science.gov (United States)

Saxena, Pikee; Mishra, Archana; Malik, Sonia

2012-10-01

Surrogacy refers to a contract in which a woman carries a pregnancy "for" another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

An Actor's Approach to Management Conceptual framework and company practices

DEFF Research Database (Denmark)

of Contents Foreword: Actor-based managemet - long-term and sustainable management (Bo Prangsgaard) Chapter 1. Introduction (Morten Jakobsen, Inga-Lill Johansson & Hanne Nørreklit) Chapter 2. Actors and reality: a conceptual framework for creative governance (Lennart Nørreklit) Chapter 3. An actor...

Sustainable employability--definition, conceptualization, and implications: A perspective based on the capability approach.

Science.gov (United States)

van der Klink, Jac J L; Bültmann, Ute; Burdorf, Alex; Schaufeli, Wilmar B; Zijlstra, Fred R H; Abma, Femke I; Brouwer, Sandra; van der Wilt, Gert Jan

2016-01-01

The aim of this paper is to propose a new model of sustainable employability based on the capability approach, encompassing the complexity of contemporary work, and placing particular emphasis on work-related values. Having evaluated existing conceptual models of work, health, and employability, we concluded that prevailing models lack an emphasis on important work-related values. Amartya Sen's capability approach (CA) provides a framework that incorporates a focus on values and reflects the complexity of sustainable employability. We developed a model of sustainable employability based on the CA. This model can be used as starting point for developing an assessment tool to investigate sustainable employability. A fundamental premise of the CA is that work should create value for the organization as well as for the worker. This approach challenges researchers, policy-makers, and practitioners to investigate what people find important and valuable--what they would like to achieve in a given (work) context--and moreover to ascertain whether people are able and enabled to do so. According to this approach, it is not only the individual who is responsible for achieving this; the work context is also important. Rather than merely describing relationships between variables, as existing descriptive models often do, the CA depicts a valuable goal: a set of capabilities that constitute valuable work. Moreover, the CA fits well with recent conceptions of health and modern insights into work, in which the individual works towards his or her own goals that s/he has to achieve within the broader goals of the organization.

Analysis - what is legal medicine?

Science.gov (United States)

Beran, Roy G

2008-04-01

Legal medicine addresses the interface between medicine and law in health care. The Australian College of Legal Medicine (ACLM) established itself as the peak body in legal and forensic medicine in Australia. It helped establish the Expert Witness Institute of Australia (EWIA), the legal medicine programme at Griffith University and contributes to government enquiries. Public health, disability assessment, competing priorities of privacy verses notification and determination of fitness for a host of pursuits are aspects of legal medicine. Complementing the EWIA, the ACLM runs training programmes emphasising legal medicine skills additional to clinical practice, advocating clinical relevance. Assessment of athletes' fitness and ensuring that prohibited substances are not inadvertently prescribed represent a growing area of legal medicine. Ethical consideration of health care should respect legal medicine principles rather than armchair commentary. International conventions must be respected by legal medicine and dictate physicians' obligations. The NSW courts imposed a duty to provide emergency medical care. Migration and communicable diseases are aspects of legal medicine. Police surgeons provide a face to legal medicine (which incorporates forensic medicine) underpinning its public perception of specialty recognition. Legal medicine deserves its place as a medical specialty in its own right.

Conceptual Explanation for the Algebra in the Noncommutative Approach to the Standard Model

International Nuclear Information System (INIS)

Chamseddine, Ali H.; Connes, Alain

2007-01-01

The purpose of this Letter is to remove the arbitrariness of the ad hoc choice of the algebra and its representation in the noncommutative approach to the standard model, which was begging for a conceptual explanation. We assume as before that space-time is the product of a four-dimensional manifold by a finite noncommmutative space F. The spectral action is the pure gravitational action for the product space. To remove the above arbitrariness, we classify the irreducible geometries F consistent with imposing reality and chiral conditions on spinors, to avoid the fermion doubling problem, which amounts to have total dimension 10 (in the K-theoretic sense). It gives, almost uniquely, the standard model with all its details, predicting the number of fermions per generation to be 16, their representations and the Higgs breaking mechanism, with very little input

Conceptual Demand of Practical Work in Science Curricula. A Methodological Approach

Science.gov (United States)

Ferreira, Sílvia; Morais, Ana M.

2014-02-01

This article addresses the issue of the level of complexity of practical work in science curricula and is focused on the discipline of Biology and Geology at high school. The level of complexity is seen in terms of the emphasis on and types of practical work and, most importantly, in terms of its level of conceptual demand as given by the complexity of scientific knowledge, the degree of inter-relation between knowledges, and the complexity of cognitive skills. The study also analyzes recontextualizing processes that may occur within the official recontextualizing field. The study is psychologically and sociologically grounded, particularly on Bernstein's theory of pedagogic discourse. It uses a mixed methodology. The results show that practical work is poorly represented in the curriculum, particularly in the case of laboratory work. The level of conceptual demand of practical work varies according to the text under analysis, between the two subjects Biology and Geology, and, within each of them, between general and specific guidelines. Aspects studied are not clearly explicated to curriculum receivers (teachers and textbooks authors). The meaning of these findings is discussed in the article. In methodological terms, the study explores assumptions used in the analysis of the level of conceptual demand and presents innovative instruments constructed for developing this analysis.

Legal aspects of storing CO2. Update and recommendations

Energy Technology Data Exchange (ETDEWEB)

NONE

2007-06-21

CO2 emissions from energy production and consumption are a major contributor to climate change. Thus, stabilising CO2 concentrations in the atmosphere by reducing these emissions is an increasingly urgent international necessity. Carbon capture and storage (CCS) represents one of the most promising potential solutions to contain emissions resulting from continued use of coal and other fossil fuels. However, challenges such as a lack of legal and regulatory frameworks to guide near-term demonstration projects and long-term technology expansion must be addressed to facilitate the expanded use of CCS. In October 2006, the International Energy Agency (IEA) and the Carbon Sequestration Leadership Forum (CSLF) convened with legal experts,to discuss the range of legal issues associated with expanded use of CCS and to identify ways to facilitate further CCS development and implementation Participants examined gaps and barriers to the deployment of CCS and identified recommendations to guide further development of appropriate legal and regulatory frameworks. This publication provides policymakers with a detailed summary of the main legal issues surrounding the CCS debate, including up-to-date background information, case studies and conclusions on the best legal and regulatory approaches to advance CCS. These strategies can be used to enable further development, deployment and demonstration of CCS technology, potentially an essential element in global efforts to mitigate climate change.

A Political, Economic, Social, Technology, Legal and Environmental (PESTLE) Approach for Risk Identification of the Tidal Industry in the United Kingdom

OpenAIRE

Kolios, Athanasios J.; Read, G.

2013-01-01

This paper presents a comprehensive analysis of renewable and especially tidal energy through a political, economic, social, technology, legal and environmental (PESTLE) analysis approach and by reviewing the most up to date relevant literature. The study focuses on the United Kingdom given the favourable environmental resources for such technologies; the number of different design concepts that are currently under development as well as the research funding that has been invested over the la...

Supporting learning and promoting conceptual change with box and AVOW diagrams. Part 1: Representational design and instructional approaches

Science.gov (United States)

Cheng, Peter C.-H.; Shipstone, David M.

2003-02-01

A new approach to the teaching of electricity is described that uses box and AVOW diagrams, novel representations of the properties of the electric circuit which portray current, voltage, resistance and power. The diagrams have been developed as aids to learning, understanding and problem solving. They also have the potential to promote conceptual change by challenging a number of commonly held misconceptions. The diagrams have been incorporated into A-level teaching materials on d.c. circuit theory and the rationale for this approach is contrasted with a number of strategies that have previously been reported. Part 2 of this paper (Cheng and Shipstone, International Journal of Science Education, in press) will present the results of preliminary school-based trials.

Brazilian legal and bioethical approach about donation for research and patents of human body parts.

Science.gov (United States)

Fernandes, Márcia Santana; Silla, Lúcia; Goldim, José Roberto; Martins-Costa, Judith

2017-07-01

The aim of this paper is to explain why the Brazilian legal system does not accept commercialization or commodification of human body parts, including genes or cells. As a consequence, in Brazil, the donation of human body parts for research-including basic or translational-must be made altruistically. For the same reason, the Brazilian patent system cannot be applied to human parts, cells or genes. Here, we present a qualitative analysis of juridical, bioethical, and social reasoning related to the legal status of human body parts especially in biobanks, as well as a description of the Brazilian legal system for clarification. Our aim is to discuss the responsibility of researchers for making available the scientific information resulting from scientific research and biobank storage of human body parts and to ensure the free utilization of knowledge in human health research.

Medico legal issues.

Science.gov (United States)

Mackenzie, Geraldine; Carter, Hugh

2010-01-01

This chapter gives an educational overview of: * An awareness of the legal issues involved in health informatics * The need for the privacy and security of the patient record * The legal consequences of a breach of the security of the patient record * The concept of privacy law and what precautions ought to be taken to minimize legal liability for a breach of privacy and/or confidentiality.

Argumentation in Legal Reasoning

Science.gov (United States)

Bench-Capon, Trevor; Prakken, Henry; Sartor, Giovanni

A popular view of what Artificial Intelligence can do for lawyers is that it can do no more than deduce the consequences from a precisely stated set of facts and legal rules. This immediately makes many lawyers sceptical about the usefulness of such systems: this mechanical approach seems to leave out most of what is important in legal reasoning. A case does not appear as a set of facts, but rather as a story told by a client. For example, a man may come to his lawyer saying that he had developed an innovative product while working for Company A. Now Company B has made him an offer of a job, to develop a similar product for them. Can he do this? The lawyer firstly must interpret this story, in the context, so that it can be made to fit the framework of applicable law. Several interpretations may be possible. In our example it could be seen as being governed by his contract of employment, or as an issue in Trade Secrets law.

The challenges of fighting sex trafficking in the legalized prostitution market of the Netherlands

NARCIS (Netherlands)

Huisman, W.; Kleemans, E.R.

2014-01-01

In 2000, the Dutch authorities lifted the ban on brothels in the Netherlands. The essence of their approach was to regulate prostitution. People of legal age could now voluntarily sell and purchase sexual services. Brothels which complied with certain licensing conditions were legalized. This paper

Legal and political obstacles to smoke-free regulation in Minnesota regions.

Science.gov (United States)

Cork, Kerry; Forman, Carolyn

2008-12-01

As communities move toward statewide smoke-free regulation, progress is often stymied by legal and political challenges that arise when multiple cities and counties share regulatory power within what is, for economic purposes, a single population center. Political challenges are exacerbated by legal inconsistencies and uncertainties, such as confusing and conflicting lawmaking power in boards of health, cities or counties, and diverse procedures and timelines for adopting and amending ordinances. Surprisingly little research is available about the legal and political obstacles communities face in regulating tobacco on a regional basis. Researchers used case study methodology to analyze legal and political challenges that seven multi-jurisdictional Minnesota regions faced in smoke-free ordinance campaigns between 2000 and 2006, to examine the approaches regulatory authorities took in each of these communities, and to identify strategies to help public health advocates, health organizations, policymakers, and legal professionals anticipate, avoid, and address these obstacles. Legal impediments included confusing rules for passing smoke-free laws via ballot measures (initiatives and referenda); distracting lawsuits; and conflicts over legal jurisdiction. Political challenges included the recurrent argument for regional consistency, protracted timelines, pending legislation and elections, and mayoral vetoes. Legal and political challenges similar to those in this study appear in smoke-free campaigns across the U.S. By recognizing the risks posed by these obstacles, advocates will be better prepared to advance smoke-free policies effectively.

Surrogacy: Ethical and Legal Issues

Directory of Open Access Journals (Sweden)

Pikee Saxena

2012-01-01

Full Text Available Surrogacy refers to a contract in which a woman carries a pregnancy "for"another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents.

Surrogacy: Ethical and Legal Issues

Science.gov (United States)

Saxena, Pikee; Mishra, Archana; Malik, Sonia

2012-01-01

Surrogacy refers to a contract in which a woman carries a pregnancy “for” another couple. Number of infertile couples from all over the World approach India where commercial surrogacy is legal. Although this arrangement appears to be beneficial for all parties concerned,there are certain delicate issues which need to be addressed through carefully framed laws in order to protect the rights of the surrogate mother and the intended parents. PMID:23293432

Crash Fatality Rates After Recreational Marijuana Legalization in Washington and Colorado.

Science.gov (United States)

Aydelotte, Jayson D; Brown, Lawrence H; Luftman, Kevin M; Mardock, Alexandra L; Teixeira, Pedro G R; Coopwood, Ben; Brown, Carlos V R

2017-08-01

To evaluate motor vehicle crash fatality rates in the first 2 states with recreational marijuana legalization and compare them with motor vehicle crash fatality rates in similar states without recreational marijuana legalization. We used the US Fatality Analysis Reporting System to determine the annual numbers of motor vehicle crash fatalities between 2009 and 2015 in Washington, Colorado, and 8 control states. We compared year-over-year changes in motor vehicle crash fatality rates (per billion vehicle miles traveled) before and after recreational marijuana legalization with a difference-in-differences approach that controlled for underlying time trends and state-specific population, economic, and traffic characteristics. Pre-recreational marijuana legalization annual changes in motor vehicle crash fatality rates for Washington and Colorado were similar to those for the control states. Post-recreational marijuana legalization changes in motor vehicle crash fatality rates for Washington and Colorado also did not significantly differ from those for the control states (adjusted difference-in-differences coefficient = +0.2 fatalities/billion vehicle miles traveled; 95% confidence interval = -0.4, +0.9). Three years after recreational marijuana legalization, changes in motor vehicle crash fatality rates for Washington and Colorado were not statistically different from those in similar states without recreational marijuana legalization. Future studies over a longer time remain warranted.

Fundamentals of legal argumentation : A survey of theories on the justification of legal decisions

NARCIS (Netherlands)

Feteris, E.T.

2017-01-01

This book is an updated and revised edition of Fundamentals of Legal Argumentation published in 1999. It discusses new developments that have taken place in the past 15 years in research of legal argumentation, legal justification and legal interpretation, as well as the implications of these new

Rhetoric by Avistotel: a Legal View

Directory of Open Access Journals (Sweden)

Karina Kh. Rekosh

2015-01-01

Full Text Available Analysis of any phenomenon, which is far from the researcher for thousands years, in the light of this or that department of knowledge, highlights one and obscures another, prefers one over another. It happened to the rhetoric which was snatched by philology and neglected by lawyers. Although nowadays it is natural that the same phenomena are studied by different Sciences, the ancient rhetoric is looked at by most researchers as the art of philology. But the approach by Aristotle, in his Rhetoric, was legal rather than linguistic. Among the Aristotle's 4 requirements concerning good style (correctness, clarity, relevance and eloquence eloquence is only % and the % are closer to the law. Rhetoric has incorporated all the features of linguistic mechanisms and gave them to the law. The law perceived moral and ethical ideas: the good justice, virtue, ritual, law and techniques of philology and persuasion, among which the main one is syllogism already used in the dialectic, the main logic principle of legal reasoning. Towards the past, rhetoric is parallel to dialectic, but dialectic is focused on one person or on the speaker, and rhetoric aims at the audience, the first one tries to convince himself and the second tries to convince the audience and in this role rhetoric is linked with the law. As far as the evolution of law is concerned, instead of legal technique there was rhetoric (especially in its methodological form, defined by Aristotle, which can be considered as a step towards creating the law as a design in ancient Greece. It is proved by a comparison of the ancient institution of judicial process and judicial speeches with modern legal technicalities, which shows that the legal machinery embraced the principles of "rhetorical" technique. The methodological nature of the rhetoric by Aristotle is usually overlooked by linguists and lawyers.

Conceptual problem solving in high school physics

Science.gov (United States)

Docktor, Jennifer L.; Strand, Natalie E.; Mestre, José P.; Ross, Brian H.

2015-12-01

Problem solving is a critical element of learning physics. However, traditional instruction often emphasizes the quantitative aspects of problem solving such as equations and mathematical procedures rather than qualitative analysis for selecting appropriate concepts and principles. This study describes the development and evaluation of an instructional approach called Conceptual Problem Solving (CPS) which guides students to identify principles, justify their use, and plan their solution in writing before solving a problem. The CPS approach was implemented by high school physics teachers at three schools for major theorems and conservation laws in mechanics and CPS-taught classes were compared to control classes taught using traditional problem solving methods. Information about the teachers' implementation of the approach was gathered from classroom observations and interviews, and the effectiveness of the approach was evaluated from a series of written assessments. Results indicated that teachers found CPS easy to integrate into their curricula, students engaged in classroom discussions and produced problem solutions of a higher quality than before, and students scored higher on conceptual and problem solving measures.

Conceptual problem solving in high school physics

Directory of Open Access Journals (Sweden)

Jennifer L. Docktor

2015-09-01

Full Text Available Problem solving is a critical element of learning physics. However, traditional instruction often emphasizes the quantitative aspects of problem solving such as equations and mathematical procedures rather than qualitative analysis for selecting appropriate concepts and principles. This study describes the development and evaluation of an instructional approach called Conceptual Problem Solving (CPS which guides students to identify principles, justify their use, and plan their solution in writing before solving a problem. The CPS approach was implemented by high school physics teachers at three schools for major theorems and conservation laws in mechanics and CPS-taught classes were compared to control classes taught using traditional problem solving methods. Information about the teachers’ implementation of the approach was gathered from classroom observations and interviews, and the effectiveness of the approach was evaluated from a series of written assessments. Results indicated that teachers found CPS easy to integrate into their curricula, students engaged in classroom discussions and produced problem solutions of a higher quality than before, and students scored higher on conceptual and problem solving measures.

[The contribution of legal medicine in child protection: Presentation of a multidisciplinary approach].

Science.gov (United States)

Hiquet, J; Christin, E; Dubourg, O; Fougas, J; Baup, C; Brunet, G; Millington, J; Grosleron, N; Gromb-Monnoyeur, S

2016-12-01

Maltreatment is a complex issue and therefore, requires a multidisciplinary approach, which has been commonly used in North America since the 1980s but remains unsystematic in France. Since 1999, the Centre d'Accueil en Urgence des Victimes d'Agression (emergency unit for victims of assault) of the Bordeaux University Hospital has brought together various medical, paramedical, and social actors on this issue. A standardized psychosocial assessment procedure has been introduced and is detailed in this paper, and was consistently conducted in all cases of suspicion of abuse on a minor. The authors studied 74 cases of minors having undergone a psychosocial assessment following suspicions of maltreatment between 1 July 2014 and 30 June 2015 that were not referred to the courts. Forty-five girls and 29 boys, mean age 7 years, claiming mainly (75 %) to have been subjected to sexual violence, were addressed to us by internal partners (n=15) and external partners (n=37) and 22 who came to our unit by self-referral. Following our assessment, 35 returned to their home and 36 went to court following a police complaint (n=17) and a report filed to the public prosecutor of the Republic (n=19). Three of these cases were subjected to a report on matters of concern sent to the departmental council. Given the absence of a national consensus on the methodology used for assessing suspicions of maltreatment on minors, our psychosocial assessment can facilitate the task with its peer review as well as the detection and judicialization of the maltreatment. The authors also highlight the recent modification of article 226-14 of the Penal Code, which aims at protecting professionals reporting matters to legal authorities from any legal proceeding, except if it is established that the individual did not act in good faith. Copyright © 2016 Elsevier Masson SAS. All rights reserved.

ADOxx Modelling Method Conceptualization Environment

Directory of Open Access Journals (Sweden)

Nesat Efendioglu

2017-04-01

Full Text Available The importance of Modelling Methods Engineering is equally rising with the importance of domain specific languages (DSL and individual modelling approaches. In order to capture the relevant semantic primitives for a particular domain, it is necessary to involve both, (a domain experts, who identify relevant concepts as well as (b method engineers who compose a valid and applicable modelling approach. This process consists of a conceptual design of formal or semi-formal of modelling method as well as a reliable, migratable, maintainable and user friendly software development of the resulting modelling tool. Modelling Method Engineering cycle is often under-estimated as both the conceptual architecture requires formal verification and the tool implementation requires practical usability, hence we propose a guideline and corresponding tools to support actors with different background along this complex engineering process. Based on practical experience in business, more than twenty research projects within the EU frame programmes and a number of bilateral research initiatives, this paper introduces the phases, corresponding a toolbox and lessons learned with the aim to support the engineering of a modelling method. ”The proposed approach is illustrated and validated within use cases from three different EU-funded research projects in the fields of (1 Industry 4.0, (2 e-learning and (3 cloud computing. The paper discusses the approach, the evaluation results and derived outlooks.

Designing courses for the Internet. A conceptual approach.

Science.gov (United States)

Carlton, K H; Ryan, M E; Siktberg, L L

1998-01-01

One current higher education paradigm shift is the movement from traditional classroom settings and interactive television satellite transmission to course and program delivery via the World Wide Web (WWW). The authors describe the experiences of faculty in reconceptualizing and redesigning course and program delivery via the Internet. An electronic "template" has been collaboratively developed by multidisciplinary university partners to facilitate this work. The template incorporates an advanced nursing practice conceptual framework based on American Association of Colleges of Nursing (AACN) core educational essentials for advanced practice combined with a continuum of electronic course tools. Strategies, tools, and applications are discussed.

Against a Systemic Legal History

Directory of Open Access Journals (Sweden)

Simon Roberts

2002-01-01

Full Text Available This paper questions the resort to systems theory as the foundation of an evolutionary legal history. In particular, the theoretical legacy of Niklas Luhmann upon which Marie Theres Fögen proposes to draw seems to have limited application outside a context in which advanced system differentiation is present. Although (like Marx, Durkheim and Weber before him Luhmann drew in a broad evolutionary trajectory, he was concerned principally with “functionally differentiated society”. Earlier phases – covering precisely those formations that historians will presumably focus upon – are very hazily sketched in and relatively poorly theorised. In general, we should not too readily acknowledge “the exhaustion of the paradigm of modernity” (Santos, 1995 or rush to proclaim the obsolescence of multi-dimensional approaches such as those of Bourdieu (1977 and Giddens (1984. Any legal history that marginalises both human actors and the conditional environment has a considerable task in making up the ensuing deficit.

Mediation in Legal English Teaching

Directory of Open Access Journals (Sweden)

Chovancová Barbora

2016-06-01

Full Text Available Mediation is a language activity that has been unjustly neglected when preparing law students for their future professional careers. When trained in a professional context, students need to develop and improve complex communicative skills. These include not only the traditional language skills such as reading, writing, listening and speaking, but also more advanced skills such as summarizing, providing definitions, changing registers etc. All these are involved in the students’ acquisition of ‘soft skills’ that are particularly important for students of law since much of their future work involves interpersonal lawyer-client interaction. This article argues that mediation is a crucial (though previously underestimated skill and that law-oriented ESP instruction should provide training aimed at developing this skill. Showing a practical application of this approach, the paper demonstrates that mediation can be successfully integrated in the legal English syllabus and make the learning of legal English more effective.

Psychological and sociological research and the decriminalization or legalization of prostitution.

Science.gov (United States)

Rio, L M

1991-04-01

In maintaining criminal prohibitions on prostitution and prostitution-related activity, the United States has ignored the two alternative approaches successfully invoked in many other countries: legalization and decriminalization of prostitution. This article questions the justifications usually advanced in favor of criminal sanctions and against the two alternatives. Studies of prostitutes and their clients, as well as larger societal studies, undercut the arguments against decriminalization and legalization, and reveal that none of the traditional goals of imposing criminal sanctions (punishment, deterrence, and rehabilitation) are furthered by the current prohibition of prostitution. These studies also reveal the advantages offered by a system of decriminalized or legalized prostitution. Further policy arguments for the removal of such sanctions are discussed and legal arguments are offered to attempt to limit the reach of current criminal prostitution laws while the present system remains in effect.

Legal socialization of personality as a phenomenon of legal psychology

Directory of Open Access Journals (Sweden)

Borisova S.E.

2017-01-01

Full Text Available The relevance of the topic to the continuing importance of legal regulation of human behavior, the necessity of foreseeing the adverse consequences of social disorders and urgency of the prevention of deconditioning and deviant behavioral manifestations. In this regard, it is important to examine the phenomenon of legal socialization, causing interest among the representatives of the human Sciences and specialists in different branches of psychological knowledge. Taking into account the multidimensional nature of this phenomenon, it is an essential consideration of the trajectories of its occurrence in correlation with different interacting with other determinants. Such determinants include age psychological characteristics, experience crises of mental development, socially conditioned factors, and the influence of the professional environment. In article are characterized by individual patterns of legal socialization of a personality, revealing its essence, on the basis of summarizing opinions of scientists based on their own point of view. On the basis of the theoretical analysis made assumptions about the peculiarities of legal socialization of the individual occurring in different age periods of life; formulated likely areas for further study the phenomenon under research legal psychology.

Dementia and Legal Competency

OpenAIRE

Filaković, Pavo; Petek Erić, Anamarija; Mihanović, Mate; Glavina, Trpimir; Molnar, Sven

2011-01-01

The legal competency or capability to exercise rights is level of judgment and decision-making ability needed to manage one's own affairs and to sign official documents. With some exceptions, the person entitles this right in age of majority. It is acquired without legal procedures, however the annulment of legal capacity requires a juristic process. This resolution may not be final and could be revoked thorough the procedure of reverting legal capacity – fully or partially. Given ...

Mentally disordered criminal offenders: legal and criminological perspectives.

Science.gov (United States)

Dahlin, Moa Kindström; Gumpert, Clara Hellner; Torstensson-Levander, Marie; Svensson, Lupita; Radovic, Susanna

2009-01-01

Legal research in Sweden has traditionally focused on a systematization of the legal rules and their practical application, while the task of studying the effects of the application of the laws has been handed over to other branches of the social sciences. In contrast, new legal theories focusing on proactive and therapeutic dimensions in law have gained increasing attention in the international arena. These approaches may be better suited for evaluating legislation governing compulsory psychiatric care. Theoretical discussions and studies of causal mechanisms underlying criminal behaviour, as well as the implementation and value of instruments for predicting behaviour, are relevant to contemporary criminological research. Criminal behaviour varies across different groups of perpetrators, and the causes can be sought in the interplay between the individual and social factors. Multi-disciplinary efforts, integrating research from forensic psychiatry, psychology, sociology, and criminology, would be beneficial in leading to a better understanding of the causes underlying criminal behaviour.

EXPERIENCE OF NORMATIVE-LEGAL TRAINING OF PEDAGOGICAL STAFF IN THE SYSTEM OF HIGHER EDUCATION AND INCREASE QUALIFICATION

Directory of Open Access Journals (Sweden)

Andzhela Muharbievna Shekhmirzova

2017-10-01

Full Text Available The article presents the experience of normative and legal training of pedagogical personnel in the sphere of higher and additional professional education. The results of the analysis of the actual state of the system of normative and legal training of teachers are shown. The problems of forming normative-legal competence are analyzed. The relationship between the improvement of the system of normative-legal training of pedagogical cadres and the solution of a number of problems of a methodological nature is determined. At the same time, the problem of conceptual modeling of an effective pedagogical system of normative-legal training of pedagogical cadres is considered as a core, around which others group in a certain subordination. From the system positions it is shown the need to create an effective system of training teachers for the proper use of regulatory and legal acts in pedagogical activity, to solve complex problems, taking into account dynamically updated legislation. Based on the revealed methodological problems of normative-legal training of teachers, the need for a holistic view of the formation of regulatory-legal competence in the context of continuous teacher education. The purpose of research – presentation of a model of continuous regulatory education of teachers in the field of higher and additional professional education on the basis of identified methodological problems. Method or methodology of work: In the article a set of various methods of pedagogical research is presented: theoretical - analysis of scientific and pedagogical literature on the research problem, study and analysis of normative and legal documentation on the topic under consideration, theoretical generalization of research results; empirical - a survey, an analysis of the content of pedagogical documentation and performance, expert evaluation, modeling. Results: The model of continuous normative-legal training of pedagogical personnel in the sphere of

KEBIJAKAN PEMIDANAAN KORPORASI DALAM TINDAK PIDANA PENCUCIAN UANG

Directory of Open Access Journals (Sweden)

Sakeus Ginting

2012-10-01

Full Text Available This research aims to analyze the corporation as a legal subject and conviction of the corporation in money laundering. The type of this research is a normative juridical research. Approach to the problem approach with statue approach, analytical and conceptual approach, historical approach and comparative approach. Sources of legal materials used is the primary legal materials and secondary legal materials. Analysis of legal materials be descriptive-analytical, evaluative, interpretive, systematic, comparative and argumetatif. In The Act No. 8 of 2010 concerning Prevention and Eradication of Money Laundry, the Corporation declared as a legal subject that can be held accountable in money laundering. Criminal convictions for corporations may be imposed against the corporation if the criminal offense of money laundering performed or ordered by the personnel control corporation; carried out in order to meet the intent and objectives of the corporation; conducted in accordance with the duties and functions of the perpetrator or the command, and done with the intent to benefit the corporation.

Methodology in Legal Research

Directory of Open Access Journals (Sweden)

Tom R. Tyler

2017-12-01

Full Text Available Recent legal scholarship demonstrates increased attention to empirical research in the design and evaluation of law and the policies and practices of legal authorities. The growth of evidence informed law is an exciting development and one that promises to improve the legal system. In this paper I argue for the particular value of drawing not just upon empirical research methods when evaluating existing policies and practices but upon social science theories. Theory based research provides a basis for imagining and testing different models about how the legal system might operate. I support this argument by presenting research on social science frameworks for legal authority which are alternatives to the currently prevalent instrumental model.

Laws of Language and Legal Language: A Study of Legal Language in Some Indonesian Regulations

Directory of Open Access Journals (Sweden)

Shidarta Shidarta

2017-01-01

Full Text Available Legal language must follow the laws of language (grammar that widely known and commonly used by the public, including groups of the scientist. Legal language on the other hand also recognizes specific terminologies. These terminologies were introduced by jurists or by legislative power holders. Accordingly, legal language became the product of legal doctrines or political decisions. The problems arose when a number of compositions and legal terms turned out to be elusive, convoluted, and ambiguous due to the pattern of writing that was once done and because of certain considerations. This article proposed reviewing the factors that result in problems. The author presented a solution to observe using hermeneutic methods of law and legal reasoning. The author argued that the text of the law was not neutral since it was trapped not only by the laws of language but also by the perspective of the interpreters as they believed such a perspective was based on the guidance of legal science. By using legal hermeneutics can be checked the depth of the meaning of the law; while over the legal reasoning can be seen its rationale according to legal science.

Delivering social work services in collaboration with the legal representation for individual clients: An effective, ethical and economical approach to supporting families in child abuse and neglect legal proceedings.

Science.gov (United States)

Pott, Robbin

2017-11-01

This article discusses the need to improve the quality of helping relationships between families and social workers in the child protection system and the growing body of evidence that teams of social workers and lawyers are effective at improving outcomes in child protection legal proceedings. The author presents an alternative structure of delivering social work services within the child protection systems once a court gets involved with a family, proposing that social workers should focus on individual clients in collaboration with their legal representation, rather than the traditional model of a governmental agency social worker serving the family as a unit as it also determines placement of the children. Pairing the social worker to an individual client in tandem with their legal representative would help resolve the widely observed relationship problems between service users and governmental agency social workers that include the power imbalance created by the agency's authority to determine placement of children, the conflicts of interest that agency workers face when required to manage differing family members' needs, and the lack of protection of the due process right of confidentiality for parties involved in legal proceedings. This alternative structure also impacts the need to use resources more efficiently and has been demonstrated to result in substantial returns on investment. This article concludes that when a family becomes involved in child abuse and neglect legal proceedings, the child welfare agency should shift the delivery of social work services to the individual parties, away from the governmental agency and in conjunction with their legal representation. Copyright © 2017 Elsevier Ltd. All rights reserved.

The Flipped MOOC: Using Gamification and Learning Analytics in MOOC Design—A Conceptual Approach

Directory of Open Access Journals (Sweden)

Roland Klemke

2018-02-01

Full Text Available Recently, research has highlighted the potential of Massive Open Online Courses (MOOCs for education, as well as their drawbacks, which are well known. Several studies state that the main limitations of the MOOCs are low completion and high dropout rates of participants. However, MOOCs suffer also from the lack of participant engagement, personalization, and despite the fact that several formats and types of MOOCs are reported in the literature, the majority of them contain a considerable amount of content that is mainly presented in a video format. This is in contrast to the results reported in other educational settings, where engagement and active participation are identified as success factors. We present the results of a study that involved educational experts and learning scientists giving new and interesting insights towards the conceptualization of a new design approach, the flipped MOOC, applying the flipped classroom approach to the MOOCs’ design and making use of gamification and learning analytics. We found important indications, applicable to the concept of a flipped MOOC, which entails turning MOOCs from mainly content-oriented delivery machines into personalized, interactive, and engaging learning environments. Our findings support the idea that MOOCs can be enriched by the orchestration of a flipped classroom approach in combination with the support of gamification and learning analytics.

A Goddess for semiotics of law and legal discourse

Directory of Open Access Journals (Sweden)

Jan M. Broekman

2011-12-01

Full Text Available The work of the great American philosopher Charles Sanders Peirce (1839-1914 becomes more and more appreciated beyond the boundaries of his pragmatism, a philosophical mainstream he founded in the early 20th century. This essay is inspired by five points of interest, all of which focus on law and legal discourse. Firstly, one should acknowledge that his proposal pertaining to a general theory of signs, which he called ‘semeiotics’ around 1860, leads to an untraditional and in-depth understanding of legal discourse: in essence, of law as a system of specific meanings and signs. Semiotics in general became a substantial part of his ‘evolutionary cosmology,’ an all-embracing approach to tackle classical and modern philosophical issues. Secondly, his anthropological intuition based on semiotics, (concentrated in the formula ‘man is a sign’ became important for our understanding of a human subject’s position in law, as author of a legal discourse as well as an individual subjected to law. Thirdly, the tensions between chance and continuity in legal discourse are of focal interest for the creation of legal meaning in law’s practices. Novelty, Peirce suggested in this context, occurs by the grace of chance rather than of continuity and fixed traditions. Fourthly, Roberta Kevelson (1931-1998 explored and expanded the field of legal semiotics on the basis of the works of Peirce. In doing so, she established an American tradition of legal semiotics distinct from a European tradition, which related more to linguists, psychologists and philosophers embracing structuralism. Fifthly, Tyche, the Ancient Goddess of fate and fortune, is because of Peirce’s references more at home in the US legal semiotic tradition. Her fame and influence reaches beyond law and became supported by recent archaeological discoveries, publications and exhibitions, which not only provide information about her background, but also underline her possible influence on

MFTF electron cyclotron resonance heating conceptual design study. Final report

International Nuclear Information System (INIS)

1979-01-01

This report presents conceptual designs, discusses research and development requirements, and provides schedule requirements and rough order of magnitude cost estimates for the ECRH system. Requirements for the basic equipment needed to implement the ECRH power generators and distribute the power have been developed. Conceptual approaches to the development and fabrication of such a system have been generated

On Plagiarism and Power Relations in Legal Academia and Legal Education

Directory of Open Access Journals (Sweden)

Tilen Štajnpihler

2017-12-01

Full Text Available The article challenges the misconception that legal academia is a harmonious community without internal discrepancies, characterised by common interests, a coherent set of values and standards of behaviour that are unilaterally transposed into the legal profession through the process of legal education. The paper focuses on a case study of a public dispute between two law professors initiated by an article published in one of the main national law magazines wherein one accused the other of plagiarism. Even though the dispute did not come to an unequivocal conclusion, it deserves a closer examination as it clearly exposed two important issues. Firstly, it revealed certain unresolved issues concerning legal writing and legal ethics that are essential elements of the legal profession, as they have a profound impact on legal education and legal practice, and, secondly, it showed that these divergences are at least to some extent related to the latent network of power relations and struggles that dominate the legal (academic field. Este artículo cuestiona la creencia de que el mundo jurídico-académico es una comunidad armoniosa sin discrepancias internas, caracterizada por intereses comunes, valores coherentes y parámetros de comportamiento que se transponen de forma unilateral al ejercicio de la profesión jurídica a través de la educación en Derecho. El artículo se centra en el estudio de una disputa entre dos profesores de Derecho, en la cual uno acusaba al otro de plagio. A pesar de que la disputa no se resolvió de forma clara, merece un análisis más cuidadoso, ya que puso de manifiesto dos temas importantes: en primer lugar, algunos conflictos sin resolver sobre la escritura y la ética del derecho que son elementos esenciales de la profesión jurídica, pues tienen un profundo impacto sobre la educación y la práctica del Derecho; y, en segundo lugar, que estos desacuerdos están relacionados con las redes latentes de poder que

National legal system in relation to vulnerable population groups

Directory of Open Access Journals (Sweden)

Sjeničić Marta

2015-01-01

Full Text Available Vulnerable social groups can be recognized in everyday life, and local legal regulations identify them as well. Strategies and laws clearly identify the increased needs of vulnerable groups. Local legislation, for example, observes comparative law trends and attempts to prevent discrimination of persons with disabilities, emphasizes their human rights and creates the legal framework for taking these persons out of the institutional form of protection and including them into the community. In Serbia however, strategies and laws, as well as by-laws, are written in sectors, and not in cross-sectors manner. Proper caring for persons with disabilities, including persons with mental disabilities, requires an integral approach, namely a mutual approach of the social, health, educational and other sectors. True enough, local regulations stress the need for an intersectional approach, but such an approach is scantily applied in practice, so the comprehensive care that would satisfy the multiple needs of persons with mental disabilities often turns out to be less than expected in the community. Pursuant to national laws and basic ethic principals, all citizens of the Republic of Serbia have the right to health protection without discrimination. Therefore, methods for using health protection, easier than the existing ones, should be found for certain vulnerable groups, depending on their characteristics, and so for the Roma as well, and bearing in mind that systemic health regulations in Serbia open the door to special treatment of these groups. The inaccessible approach to health care of the Roma population persists primarily due to insufficient basic health documentation and basic personal documentation. Personal documents are linked with the registered place of residence, which the Roma, largely do not have. The problem is thus on a wider scale and is not only focused on the health sector. As such, it requires a wider, intersectional approach and a

Heterogeneous performances of conceptual dis/continuity: a dialectic reading of Brown and Kloser's article

Science.gov (United States)

Hwang, Sungwon; Kim, Mijung

2009-12-01

We review Brown and Kloser's article, "Conceptual continuity and the science of baseball: using informal science literacy to promote students science learning" from a Vygotskian cultural-historical and dialectic perspective. Brown and Kloser interpret interview data with student baseball players and claim that students' conceptual understanding articulated in vernacular genres involves continuities (similarities) with the canonical scientific explanations. In this commentary, we suggest that the authors' approach presupposes the dichotomy of the formal and the informal, which brings the authors' attention to continuity into the separation of cognition from language. We propose a Vygotskian approach that points out the problem of theorizing cognition (conceptual understanding) by depending on specific forms of representation (e.g., scientific terms). As alternative, we envision a Vygotskian cultural-historical approach to language, which considers different, irreducible modes of communication as an integrated whole and therefore allows theorizing cognition without dichotomizing it from the concrete ways by which human being communicates. We provide an exemplary analysis of a lecture talk in a university physics classroom and exemplify dialectic theories that explain the development of conceptual understanding. We discuss that this Vygotskian dialectic approach shows that people communicate scientific concepts through hybridization, which does not reproduce a genre self-identically; the continuity of conceptual understanding involves dis/continuity.

A conceptual framework for economic optimization of single hazard surveillance in livestock production chains.

Science.gov (United States)

Guo, Xuezhen; Claassen, G D H; Oude Lansink, A G J M; Saatkamp, H W

2014-06-01

Economic analysis of hazard surveillance in livestock production chains is essential for surveillance organizations (such as food safety authorities) when making scientifically based decisions on optimization of resource allocation. To enable this, quantitative decision support tools are required at two levels of analysis: (1) single-hazard surveillance system and (2) surveillance portfolio. This paper addresses the first level by presenting a conceptual approach for the economic analysis of single-hazard surveillance systems. The concept includes objective and subjective aspects of single-hazard surveillance system analysis: (1) a simulation part to derive an efficient set of surveillance setups based on the technical surveillance performance parameters (TSPPs) and the corresponding surveillance costs, i.e., objective analysis, and (2) a multi-criteria decision making model to evaluate the impacts of the hazard surveillance, i.e., subjective analysis. The conceptual approach was checked for (1) conceptual validity and (2) data validity. Issues regarding the practical use of the approach, particularly the data requirement, were discussed. We concluded that the conceptual approach is scientifically credible for economic analysis of single-hazard surveillance systems and that the practicability of the approach depends on data availability. Copyright © 2014 Elsevier B.V. All rights reserved.

The Use and Incorporation of Extralegal Insights in Legal Reasoning

Directory of Open Access Journals (Sweden)

Ivo Giesen

2015-01-01

Full Text Available Following the US example, European scholarship has seen more and more interdisciplinary or multidisciplinary academic work being carried out over the last few decades, not only in criminal law but also relating to private law and civil procedure. In such studies ‘extralegal’ knowledge from, for example, psychology, sociology and economics, is combined with existing legal insights and transformed into ‘novel’ legal knowledge. This has often led to new thoughts on how to organize our legal landscape and to new public policy issues and solutions.An intriguing question underlying these studies is whether it is in fact possible – and if so, how, why and when – to leap from such ‘extralegal’ insights to normative legal conclusions. How and when can any researcher step over from, for example, empirical psychological facts to legal normative value judgments (as one is required to do from a legal end, for instance as a judge ruling on a case? What, if anything, allows anyone to do so? What are the conditions under which it would be safe to say that one could cross over from one side to the other?By reviewing the existing methodological literature on this topic and by linking up with ideas about the (analogous use of comparative law materials, this paper – methodological in nature – tries to come up with a workable ‘method’ for crossing the border between social science disciplines and the law. As it turns out, a due process approach is the best available option. This approach asks of judges, practitioners and scholars to become familiar with the methodology of the social sciences. That hurdle might be overcome by using court-appointed experts to evaluate the usefulness of the extralegal materials. The judge would thus resort to an expert to advise him on how to be a decent gatekeeper when it comes to the possible use of insights from social sciences.

Integrated approach to model decomposed flow hydrograph using artificial neural network and conceptual techniques

Science.gov (United States)

Jain, Ashu; Srinivasulu, Sanaga

2006-02-01

This paper presents the findings of a study aimed at decomposing a flow hydrograph into different segments based on physical concepts in a catchment, and modelling different segments using different technique viz. conceptual and artificial neural networks (ANNs). An integrated modelling framework is proposed capable of modelling infiltration, base flow, evapotranspiration, soil moisture accounting, and certain segments of the decomposed flow hydrograph using conceptual techniques and the complex, non-linear, and dynamic rainfall-runoff process using ANN technique. Specifically, five different multi-layer perceptron (MLP) and two self-organizing map (SOM) models have been developed. The rainfall and streamflow data derived from the Kentucky River catchment were employed to test the proposed methodology and develop all the models. The performance of all the models was evaluated using seven different standard statistical measures. The results obtained in this study indicate that (a) the rainfall-runoff relationship in a large catchment consists of at least three or four different mappings corresponding to different dynamics of the underlying physical processes, (b) an integrated approach that models the different segments of the decomposed flow hydrograph using different techniques is better than a single ANN in modelling the complex, dynamic, non-linear, and fragmented rainfall runoff process, (c) a simple model based on the concept of flow recession is better than an ANN to model the falling limb of a flow hydrograph, and (d) decomposing a flow hydrograph into the different segments corresponding to the different dynamics based on the physical concepts is better than using the soft decomposition employed using SOM.

Fostering Students' Conceptual Knowledge in Biology in the Context of German National Education Standards

Science.gov (United States)

Förtsch, Christian; Dorfner, Tobias; Baumgartner, Julia; Werner, Sonja; von Kotzebue, Lena; Neuhaus, Birgit J.

2018-04-01

The German National Education Standards (NES) for biology were introduced in 2005. The content part of the NES emphasizes fostering conceptual knowledge. However, there are hardly any indications of what such an instructional implementation could look like. We introduce a theoretical framework of an instructional approach to foster students' conceptual knowledge as demanded in the NES (Fostering Conceptual Knowledge) including instructional practices derived from research on single core ideas, general psychological theories, and biology-specific features of instructional quality. First, we aimed to develop a rating manual, which is based on this theoretical framework. Second, we wanted to describe current German biology instruction according to this approach and to quantitatively analyze its effectiveness. And third, we aimed to provide qualitative examples of this approach to triangulate our findings. In a first step, we developed a theoretically devised rating manual to measure Fostering Conceptual Knowledge in videotaped lessons. Data for quantitative analysis included 81 videotaped biology lessons of 28 biology teachers from different German secondary schools. Six hundred forty students completed a questionnaire on their situational interest after each lesson and an achievement test. Results from multilevel modeling showed significant positive effects of Fostering Conceptual Knowledge on students' achievement and situational interest. For qualitative analysis, we contrasted instruction of four teachers, two with high and two with low student achievement and situational interest using the qualitative method of thematic analysis. Qualitative analysis revealed five main characteristics describing Fostering Conceptual Knowledge. Therefore, implementing Fostering Conceptual Knowledge in biology instruction seems promising. Examples of how to implement Fostering Conceptual Knowledge in instruction are shown and discussed.

Further Conceptualizing Ethnic and Racial Identity Research : The Social Identity Approach and Its Dynamic Model

NARCIS (Netherlands)

Verkuyten, Maykel

2016-01-01

This article proposes a further conceptualization of ethnic and racial identity (ERI) as a fundamental topic in developmental research. Adding to important recent efforts to conceptually integrate and synthesize this field, it is argued that ERI research will be enhanced by more fully considering

Monitoring and Surveillance in the Workplace: Lessons Learnt? – Investigating the International Legal Position

Directory of Open Access Journals (Sweden)

Verine Etsebeth

2007-06-01

Full Text Available When considering the legal implications of monitoring and surveillance in the workplace, the question may be asked why companies deploy computer surveillance and monitoring in the first place. Several reasons may be put forward to justify why more than 80% of all major American firms monitor employee e-mails and Internet usage. However, what most companies forget is the fact that the absence or presence of monitoring and surveillance activities in a company holds serious legal consequences for companies. From the discussion in this paper it will become apparent that there is a vast difference in how most countries approach this subject matter. On the one hand America does not afford any employee a reasonable expectation of privacy when it comes to the use of corporate computer resources and systems, while in contrast to this position the United Kingdom goes out of its way to protect each employee’s reasonable expectation of privacy. This paper will not only investigate the different approaches followed by some of the world-leader, but will also investigate the legal consequences embedded in each approach. This paper will ultimately enable the reader to judge for himself/herself which approach his/her country should follow while being fully informed of the legal consequences attached to the chosen approach.

A conceptual approach to a citizens' observatory--supporting community-based environmental governance.

Science.gov (United States)

Liu, Hai-Ying; Kobernus, Mike; Broday, David; Bartonova, Alena

2014-12-12

In recent years there has been a trend to view the Citizens' Observatory as an increasingly essential tool that provides an approach for better observing, understanding, protecting and enhancing our environment. However, there is no consensus on how to develop such a system, nor is there any agreement on what a Citizens' Observatory is and what results it could produce. The increase in the prevalence of Citizens' Observatories globally has been mirrored by an increase in the number of variables that are monitored, the number of monitoring locations and the types of participating citizens. This calls for a more integrated approach to handle the emerging complexities involved in this field, but before this can be achieved, it is essential to establish a common foundation for Citizens' Observatories and their usage. There are many aspects to a Citizens' Observatory. One view is that its essence is a process that involves environmental monitoring, information gathering, data management and analysis, assessment and reporting systems. Hence, it requires the development of novel monitoring technologies and of advanced data management strategies to capture, analyse and survey the data, thus facilitating their exploitation for policy and society. Practically, there are many challenges in implementing the Citizens' Observatory approach, such as ensuring effective citizens' participation, dealing with data privacy, accounting for ethical and security requirements, and taking into account data standards, quality and reliability. These concerns all need to be addressed in a concerted way to provide a stable, reliable and scalable Citizens' Observatory programme. On the other hand, the Citizens' Observatory approach carries the promise of increasing the public's awareness to risks in their environment, which has a corollary economic value, and enhancing data acquisition at low or no cost. In this paper, we first propose a conceptual framework for a Citizens' Observatory

A CONCEPTUAL APPROACH TO ECONOMIC AGGLOMERATIONS

Directory of Open Access Journals (Sweden)

Mădălina-Ștefania Dîrzu

2012-09-01

Full Text Available Technological progress and rapid structural adjustments have characterized a lot of economies in the last century and they still feature pronounced structures. An important observation is that economic activities tend to agglomerate in space as a result of some kind increasing returns, forming eventually economic agglomerations. When various companies gather together, they establish specific forms of interaction. Increasing returns produce when this mutual interplay creates positive externalities for those firms which operate into an agglomeration. In this context, it is crucial to raise a question: what is an economic agglomeration and what do different scientists imply when using the concept? The phenomenon of agglomeration has attracted researchers from various disciplines employing a hybrid set of analytical perspectives. This whole framework is still puzzled with contradictory conceptualizations which are often used in an ambiguous way. Scientists tend to utilize notions such as agglomeration, cluster, territorial network, specialization, concentration somewhat interchangeably and with little concern about how to operationalize them. To shed a light on this issue, the aim of this paper is to provide a comprehensive analyze of different theoretical framework in which economic agglomerations have been debated and researched.

Conceptual modelling of human resource evaluation process

Directory of Open Access Journals (Sweden)

Negoiţă Doina Olivia

2017-01-01

Full Text Available Taking into account the highly diverse tasks which employees have to fulfil due to complex requirements of nowadays consumers, the human resource within an enterprise has become a strategic element for developing and exploiting products which meet the market expectations. Therefore, organizations encounter difficulties when approaching the human resource evaluation process. Hence, the aim of the current paper is to design a conceptual model of the aforementioned process, which allows the enterprises to develop a specific methodology. In order to design the conceptual model, Business Process Modelling instruments were employed - Adonis Community Edition Business Process Management Toolkit using the ADONIS BPMS Notation. The conceptual model was developed based on an in-depth secondary research regarding the human resource evaluation process. The proposed conceptual model represents a generic workflow (sequential and/ or simultaneously activities, which can be extended considering the enterprise’s needs regarding their requirements when conducting a human resource evaluation process. Enterprises can benefit from using software instruments for business process modelling as they enable process analysis and evaluation (predefined / specific queries and also model optimization (simulations.

Domestic violence survivors and their experiences during legal process.

Science.gov (United States)

Özçakar, Nilgün; Yeşiltepe, Gözde; Karaman, Gökçe; Ergönen, Akça Toprak

2016-05-01

Many victims of domestic violence do not seek recourse to the needed medical and legal services. The aim of this study was to determine the difficulties faced by and experiences of female survivors of domestic violence during their medical and legal proceedings. We designed our study using a qualitative approach to understand the experiences of survivors during the legal process as well as their feelings and attitudes towards domestic violence through in-depth interviews. The data obtained from the participants were analyzed and synthesized using a thematic analysis procedure. Most of our participants reported different types of domestic violence, citing feelings of fear and loneliness during these experiences. They reported feeling dissatisfied with their complaints being ignored by the police and the perpetrators remaining unpunished. They complained of the complex procedures and negligence of staff in health-care centers such as hospitals, and they reported being shifted to several different places. We believe that an assessment of such female survivors in terms of specific standards set by specialists will help make improvements to the legal process. Education programs should be organized for professionals dealing with survivors of domestic violence. Special health-care services with fast proceedings must be established in health-care centers. Copyright © 2016 Elsevier Ltd and Faculty of Forensic and Legal Medicine. All rights reserved.

The legal process of environmental evaluation and examination in North America and in the European Union

International Nuclear Information System (INIS)

Delpiano, V.

1999-01-01

The most important goal of the Environmental Law is to maximize the prevention approach. As so far, a scheme has been initiated since a few years to reach this objective: a legal environmental process with a lot of mechanisms whose the objective is to estimate the environmental impact of a project in order to control it. This legal environmental process including for example the Environmental Impact Assessment is more and more integrated in the environmental policies of the industrialized countries. It began in North America, first in the U.S.A. but also in Canada. A few years after, the countries of the Western Europe, particularly the European Unions, have introduced a similar legal process taking into account the specificities of these European countries. So if the goals of this legal environmental preventive approach are similar in North America and in Western Europe, the implementation is often different according to the legal, economic but also sociological structures of these two major regions. This Phd Thesis try to study the two major impacts of this legal evaluating process: it is implemented by the public authorities to reach with a best result a Sustainable Development. But also, it tries to combine the protection of the Environment and the utilisation of legal, economic and financial mechanisms of the Market to obtain a fair trade competition. (authors)

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

Directory of Open Access Journals (Sweden)

Oleksii Drozd

2017-12-01

Full Text Available The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin. Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different modes of cryptocurrency turnover are determined: from direct prohibition to granting the status of the official payment system. It is made on the basis of the analysis of peculiarities of the circulation of virtual money in Australia, Germany, the Netherlands, New Zealand, Singapore, Indonesia, China, the Russian Federation, Bolivia, Ecuador, Thailand, Vietnam, the USA, Japan, Spain, and some other countries. On the basis of the comparative legal study of certain provisions of the civil, administrative, tort, and criminal legislation of Ukraine, the possibilities and limits of the application of certain types of legal responsibility to violations in the field of cryptocurrency are determined. The results of the comparative legal study have shown that, unlike most foreign countries, in Ukraine, there is no legislative consolidation of the legal status of the virtual currency. In this regard, today in the national legislation, there are no direct rules that would predict the occurrence of administrative, criminal or civil liability for the offenses in the field of cryptocurrency relations. Practical impact. Since guarantees of compulsory restoration or protection of violated law play an important role in the legal regulation of any social relations, the proper legislative regulation of public relations in the sphere of crypto currency circulation is an urgent problem today, including with the help of establishing liability for the offenses in this field

Software piracy: Physical and legal protection methods

Energy Technology Data Exchange (ETDEWEB)

Orlandi, E

1991-02-01

Advantages and disadvantages, in terms of reliability and cost, are assessed for different physical and legal methods of protection of computer software, e.g., encryption and key management. The paper notes, however, that no protection system is 100% safe; the best approach is to implement a sufficient amount of protection such as to make piracy uneconomical relative to the risks involved.

The idea of civil control in the European political and legal thought

Directory of Open Access Journals (Sweden)

T D Sokolova

2015-12-01

Full Text Available The article discusses the problem of defining the role and functions of civil control from the political and legal thought perspective and in the context of the possible ways of civil society and state authorities interaction. The demand for external evaluation as a prerequisite for the development of political system and the demand for establishing an effective feedback mechanism within it together with the lack of a unified approach to the interpretation of civil control in the political science and legal doctrines determined the relevance of the study of the established traditions in the interpretation of civil control in social sciences and humanities. Whereas social and power relations always develop within a specific legislative framework, whose maturity and consistency largely determine the state of civil society, it is not possible to evaluate control functions of the public sector otherwise than through the study of the legal framework of the state. Thus, the article describes the evolution of the views on possible formats of social and power relations in the context of transformations of the European social thought and political and legal approaches to the perception of power institutions, building a dialogue between social and political organizations, defining the forms of civic participation in political decision-making and interpretation of civil control.

Urgensi Pengaturangreen Banking dalam Kredit Perbankan di Indonesia

OpenAIRE

Radyati, Ajeng

2014-01-01

Urgency Green Banking credit arrangements that provide legal certainty in Indonesia. This paper aims to assess the urgency of the credit arrangement green banking in the Indonesian banking law in order to provide legal certainty in Indonesia. This paper is based on research that uses a normative approach and the conceptual approach of the statute approach. The results showed that Bank Indonesia as bank supervisors need to issue rules that are forced to socialize on green banking arrangements ...

Legal Aspects of Radioactive Waste Management: Relevant International Legal Instruments

International Nuclear Information System (INIS)

Wetherall, Anthony; Robin, Isabelle

2014-01-01

The responsible use of nuclear technology requires the safe and environmentally sound management of radioactive waste, for which countries need to have stringent technical, administrative and legal measures in place. The legal aspects of radioactive waste management can be found in a wide variety of legally binding and non-binding international instruments. This overview focuses on the most relevant ones, in particular those on nuclear safety, security, safeguards and civil liability for nuclear damage. It also identifies relevant regional instruments concerning environmental matters, in particular, with regard to strategic environmental assessments (SEAs), environmental impact assessments (EIAs), public access to information and participation in decision-making, as well as access to justice

Semantic Relations between Legal Terms. A Case Study of the Intralingual Relation of Synonymy

Directory of Open Access Journals (Sweden)

Matulewska Aleksandra

2016-06-01

Full Text Available The author intends to present a possibility of parametrising legal terminology in order to reveal semantic and systemic relations at the intralingual and interlingual levels. The scope of the research comprises selected legal terminology from the following legal systems: Polish, British, American and European Union. The research methods used include: (i the analysis of comparable texts, (ii the method of parametrisation of the legal linguistic reality, (iii the concept of adjusting translation to the communicative needs and requirements of the recipient community. The research hypothesis is that parametrisation of legal terminology in respect of semantic and systemic relations may be a useful tool in organising and comparing terminology for the purpose of legal translation. First the relation of synonymy binding terms at the intralingual and interlingual levels in the light of systemic and genre-related relations is discussed. The proposal is illustrated with examples of legal terms and the networks of relations binding them in English and Polish. The conclusions are that such an approach is systematic and provides a translator with information necessary to render communicatively efficient translations.

Exploring multifunctional agriculture. A review of conceptual approaches and prospects for an integrative transitional framework.

Science.gov (United States)

Renting, H; Rossing, W A H; Groot, J C J; Van der Ploeg, J D; Laurent, C; Perraud, D; Stobbelaar, D J; Van Ittersum, M K

2009-05-01

In the last decade the multifunctional agriculture (MFA) concept has emerged as a key notion in scientific and policy debates on the future of agriculture and rural development. Broadly speaking, MFA refers to the fact that agricultural activity beyond its role of producing food and fibre may also have several other functions such as renewable natural resources management, landscape and biodiversity conservation and contribution to the socio-economic viability of rural areas. The use of the concept can be traced to a number of wider societal and political transformation processes, which have influenced scientific and policy approaches in different ways amongst countries and disciplines. This paper critically discusses various existing research approaches to MFA, both from natural and social sciences. To this aim different strands of literature are classified according to their focus on specific governance mechanisms and levels of analysis into four main categories of research approaches (market regulation, land-use approaches, actor-oriented and public regulation approaches). For each category an overview of the state-of-the-art of research is given and an assessment is made of its strengths and weaknesses. The review demonstrates that the multifunctionality concept has attracted a wealth of scientific contributions, which have considerably improved our understanding of key aspects of MFA. At the same time approaches in the four categories have remained fragmented and each has limitations to understand MFA in all its complexity due to inherent constraints of applied conceptualizations and associated disciplinary backgrounds. To go beyond these limitations, we contend, new meta-level frameworks of analysis are to be developed that enable a more integrated approach. The paper concludes by presenting the main lines of an integrative, transitional framework for the study of MFA, which analyses multifunctional agriculture against the background of wider societal change

Business Model Innovation: An Integrative Conceptual Framework

Directory of Open Access Journals (Sweden)

Bernd Wirtz

2017-01-01

Full Text Available Purpose: The point of departure of this exploratory study is the gap between the increasing importance of business model innovation (BMI in science and management and the limited conceptual assistance available. Therefore, the study identi es and explores scattered BMI insights and deduces them into an integrative framework to enhance our understanding about this phenomenon and to present a helpful guidance for researchers and practitioners. Design/Methodology/Approach: The study identi es BMI insights through a literature-based investigation and consolidates them into an integrative BMI framework that presents the key elements and dimensions of BMI as well as their presumed relationships. Findings: The study enhances our understanding about the key elements and dimensions of BMI, presents further conceptual insights into the BMI phenomenon, supplies implications for science and management, and may serve as a helpful guidance for future research. Practical Implications: The presented framework provides managers with a tool to identify critical BMI issues and can serve as a conceptual BMI guideline. Research limitations: Given the vast amount of academic journals, it is unlikely that every applicable scienti c publication is included in the analysis. The illustrative examples are descriptive in nature, and thus do not provide empirical validity. Several implications for future research are provided. Originality/Value: The study’s main contribution lies in the unifying approach of the dispersed BMI knowledge. Since our understanding of BMI is still limited, this study should provide the necessary insights and conceptual assistance to further develop the concept and guide its practical application.

State strategies of governance in biomedical innovation: aligning conceptual approaches for understanding 'Rising Powers' in the global context

Directory of Open Access Journals (Sweden)

Faulkner Alex

2011-02-01

Full Text Available Abstract Background 'Innovation' has become a policy focus in its own right in many states as they compete to position themselves in the emerging knowledge economies. Innovation in biomedicine is a global enterprise in which 'Rising Power' states figure prominently, and which undoubtedly will re-shape health systems and health economies globally. Scientific and technological innovation processes and policies raise difficult issues in the domains of science/technology, civil society, and the economic and healthcare marketplace. The production of knowledge in these fields is complex, uncertain, inter-disciplinary and inter-institutional, and subject to a continuing political struggle for advantage. As part of this struggle, a wide variety of issues - regulation, intellectual property, ethics, scientific boundaries, healthcare market formation - are raised and policy agendas negotiated. Methods A range of social science disciplines and approaches have conceptualised such innovation processes. Against a background of concepts such as the competition state and the developmental state, and national innovation systems, we give an overview of a range of approaches that have potential for advancing understanding of governance of global life science and biomedical innovation, with special reference to the 'Rising Powers', in order to examine convergences and divergences between them. Conceptual approaches that we focus on include those drawn from political science/political economy, sociology of technology; Innovation Studies and Science & Technology Studies. The paper is part of a project supported by the UK ESRC's Rising Powers programme. Results We show convergences and complementarities between the approaches discussed, and argue that the role of the national state itself has become relatively neglected in much of the relevant theorising. Conclusions We conclude that an approach is required that enables innovation and governance to be seen as 'co

State strategies of governance in biomedical innovation: aligning conceptual approaches for understanding 'Rising Powers' in the global context

Science.gov (United States)

2011-01-01

Background 'Innovation' has become a policy focus in its own right in many states as they compete to position themselves in the emerging knowledge economies. Innovation in biomedicine is a global enterprise in which 'Rising Power' states figure prominently, and which undoubtedly will re-shape health systems and health economies globally. Scientific and technological innovation processes and policies raise difficult issues in the domains of science/technology, civil society, and the economic and healthcare marketplace. The production of knowledge in these fields is complex, uncertain, inter-disciplinary and inter-institutional, and subject to a continuing political struggle for advantage. As part of this struggle, a wide variety of issues - regulation, intellectual property, ethics, scientific boundaries, healthcare market formation - are raised and policy agendas negotiated. Methods A range of social science disciplines and approaches have conceptualised such innovation processes. Against a background of concepts such as the competition state and the developmental state, and national innovation systems, we give an overview of a range of approaches that have potential for advancing understanding of governance of global life science and biomedical innovation, with special reference to the 'Rising Powers', in order to examine convergences and divergences between them. Conceptual approaches that we focus on include those drawn from political science/political economy, sociology of technology; Innovation Studies and Science & Technology Studies. The paper is part of a project supported by the UK ESRC's Rising Powers programme. Results We show convergences and complementarities between the approaches discussed, and argue that the role of the national state itself has become relatively neglected in much of the relevant theorising. Conclusions We conclude that an approach is required that enables innovation and governance to be seen as 'co-producing' each other in a multi

GOClonto: an ontological clustering approach for conceptualizing PubMed abstracts.

Science.gov (United States)

Zheng, Hai-Tao; Borchert, Charles; Kim, Hong-Gee

2010-02-01

Concurrent with progress in biomedical sciences, an overwhelming of textual knowledge is accumulating in the biomedical literature. PubMed is the most comprehensive database collecting and managing biomedical literature. To help researchers easily understand collections of PubMed abstracts, numerous clustering methods have been proposed to group similar abstracts based on their shared features. However, most of these methods do not explore the semantic relationships among groupings of documents, which could help better illuminate the groupings of PubMed abstracts. To address this issue, we proposed an ontological clustering method called GOClonto for conceptualizing PubMed abstracts. GOClonto uses latent semantic analysis (LSA) and gene ontology (GO) to identify key gene-related concepts and their relationships as well as allocate PubMed abstracts based on these key gene-related concepts. Based on two PubMed abstract collections, the experimental results show that GOClonto is able to identify key gene-related concepts and outperforms the STC (suffix tree clustering) algorithm, the Lingo algorithm, the Fuzzy Ants algorithm, and the clustering based TRS (tolerance rough set) algorithm. Moreover, the two ontologies generated by GOClonto show significant informative conceptual structures.

Sources of Legal Nihilism in the Sense of Justice of the Population of Russia

Directory of Open Access Journals (Sweden)

Natalia A. Nazariva

2015-12-01

Full Text Available This article is focused on the consideration of reasons and sources of an origin of legal nihilism as forms of the deformed sense of justice of citizens in Russia. By means of use of a deductive method the understanding of the term "legal nihilism" is formed. In article approaches to understanding of legal nihilism by the analysis of comparison of various positions of the leading philosophers are considered. Article considers development of sense of justice of the population against the historical processes happening in Russia throughout centuries. Relationships of cause and effect of formation and development of legal nihilism as reactions to social changes of society come to light.

Legal framework for food fortification

DEFF Research Database (Denmark)

Dijkhuizen, Marjoleine Amma; Wieringa, Frank Tammo; Soekarjo, Damayanti D

2013-01-01

Food fortification is a cost-effective, powerful, and sustainable strategy to combat micronutrient deficiency, with the potential to reach large sections of the population with minimal cost and effort. However, the implementation of food fortification on a systematic and large scale, for instance...... the potential success of food fortification strategies. The lessons from these experiences show that a mandatory approach to fortification, with costing, monitoring and enforcement, and social marketing clearly defined and well embedded in the legal framework and in the implementation structures, is the best...

Legality Principle of Crimes and Punishments in Iranian Legal System

Science.gov (United States)

Habibzadeh, Mohammad Ja'far

2006-01-01

The Principle of legality of crimes and punishments (nullum crimen, nulla poena sine lege) refers to the fact that an act is not considered a crime and deserves no punishment, unless the Legislator determines and announces the criminal title and its penalty before. The legality principle protects individual security by ensuring basic individual…

Legal Instruments of Regulation of Development of Banking Activity in Ukraine

Directory of Open Access Journals (Sweden)

Senyshch Pavlo M.

2014-03-01

Full Text Available The article considers main approaches to identification of essence of legal instruments of regulation of development of the banking activity, identifies the mechanism of legal regulation of the banking activity and its elements and justifies the system and form of legal regulation of the banking activity in Ukraine. It describes subjects of legal regulation of the banking activity at the international level, which are the Basel Committee on Banking Supervision, European Central Bank, IMF, International Financial Reporting Standards Foundation and others. The article considers specific features of the regulatory requirements of Basel II and Basel III and specific features of their introduction into the banking activity. It describes anti-cyclic measures offered by the Basel Committee, which should facilitate formation of such conditions, under which the banking sector could have a lower level of leverage and stability with respect to influence of system risks. Significant attention is paid to international instruments of regulation of the banking activity, which include the following legal acts: Uniform Rules for Collections, Uniform Customs and Practice for Documentary Credits, and Unified Rules for Loan Guarantees. The article shows that the share of subordinate legal acts is significant in the Ukrainian system of banking regulatory and legal acts since the state cannot operatively react to the changing processes in banking at the legislative level and, that is why, basic provisions on carrying out banking activity should be fixed in law.

Prerequisites for Correctness in Legal Argumentation

OpenAIRE

Mackuvienė, Eglė

2011-01-01

A phenomenon called legal argumentation is analyzed in the dissertation. The aim of the thesis is to identify the prerequisites that allow to consider the legal argumentation to be correct, also to evaluate those prerequisites logically. Legal argumentation is analyzed as a phenomenon per se, without relating it to any particular arguing subject. Other dimensions of the process of making a legal decision, such as legal reasoning, legal discourse, interpretation of law and others are discu...

[The notion of conflict of interest in the field of health and environment: philosophical and legal approaches].

Science.gov (United States)

Hermitte, M-A; Le Coz, P

2014-06-01

This paper considers the conflict of interest in philosophical and legal perspective. The philosophical approach comes from two perspectives: political philosophy focuses on the role of the link of interest in the city considered in the light of a broader reflection on the conditions of living together. Antiquity philosophers have enhanced the interest link as privileged vector of humanization and socialization of individuals. In the eighteenth century, Adam Smith considers the pursuit of individual interests a stronger social base that love of neighbor advocated by Christians. Moral philosophy focuses specifically on the passage of interest linked to the conflict of interest. It wondered if we should be impartial in all circumstances or whether it's right to give priority to our friends and loved ones. Thus, it poses the question of whether introspection is sufficient to detect conflicts of interest or if the look of an external third party is still required. The legal process differs from the philosophical approach at two levels; on the one hand, its scope is more limited: the law doesn't envisage the benefits of links of interest on social life even though it may protect some of them (in the context of the family, for example) and is intended to prevent bias that may taint the decision public. On the other hand, the lawyer doesn't enter the interiority of individuals but stands by what appears on the outside: it tracks the suspicion of bias can have serious impacts, such as health and the environment. Somehow, it is more radical. It's noteworthy that despite its many developments, the law can't to stop conflicts of interest in research. Several reasons account for this impasse: scientists receive mission to partner with industry to develop products but they must remain independent in order to assess the risks; there is a tendency to always choose the same experts; there are conflicts of interest intellectuals which are not easy to detect.

Investigating legal aspects of cyberbullying.

Science.gov (United States)

Paul, Simone; Smith, Peter K; Blumberg, Herbert H

2012-11-01

In the UK schools are required by law to protect students from bullying; the responsibility of teachers to govern such behaviour has been extended outside the school setting to include cyberbullying. In this investigation, cyberbullying in secondary education is explored from the student perspective using a qualitative method of enquiry. Reported awareness and understanding about the legal aspects of cyberbullying are investigated; consideration is given to legislation, cybercrime, children's rights, school sanctions and safeguarding responsibilities. A total of 197 male and female students aged between 11 and 14 years old participated. Despite the availability of information on guidelines and legislation at national, local, and school level, this does not appear to have reached ground level of the individual student. There is a considerable gap between what students should know and what they report to be aware of with regard to legal aspects of cyberbullying. To address concerns of keeping up with the pace of change in cyberbullying, a collaborative approach is required with young people and adults sharing expertise.

A conceptual modeling framework for discrete event simulation using hierarchical control structures

Science.gov (United States)

Furian, N.; O’Sullivan, M.; Walker, C.; Vössner, S.; Neubacher, D.

2015-01-01

Conceptual Modeling (CM) is a fundamental step in a simulation project. Nevertheless, it is only recently that structured approaches towards the definition and formulation of conceptual models have gained importance in the Discrete Event Simulation (DES) community. As a consequence, frameworks and guidelines for applying CM to DES have emerged and discussion of CM for DES is increasing. However, both the organization of model-components and the identification of behavior and system control from standard CM approaches have shortcomings that limit CM’s applicability to DES. Therefore, we discuss the different aspects of previous CM frameworks and identify their limitations. Further, we present the Hierarchical Control Conceptual Modeling framework that pays more attention to the identification of a models’ system behavior, control policies and dispatching routines and their structured representation within a conceptual model. The framework guides the user step-by-step through the modeling process and is illustrated by a worked example. PMID:26778940

A conceptual modeling framework for discrete event simulation using hierarchical control structures.

Science.gov (United States)

Furian, N; O'Sullivan, M; Walker, C; Vössner, S; Neubacher, D

2015-08-01

Conceptual Modeling (CM) is a fundamental step in a simulation project. Nevertheless, it is only recently that structured approaches towards the definition and formulation of conceptual models have gained importance in the Discrete Event Simulation (DES) community. As a consequence, frameworks and guidelines for applying CM to DES have emerged and discussion of CM for DES is increasing. However, both the organization of model-components and the identification of behavior and system control from standard CM approaches have shortcomings that limit CM's applicability to DES. Therefore, we discuss the different aspects of previous CM frameworks and identify their limitations. Further, we present the Hierarchical Control Conceptual Modeling framework that pays more attention to the identification of a models' system behavior, control policies and dispatching routines and their structured representation within a conceptual model. The framework guides the user step-by-step through the modeling process and is illustrated by a worked example.

[Asylum Law and Mental Health: An Interdisciplinary Analysis of the Coaction of Medical and Legal Aspects].

Science.gov (United States)

Hanewald, Bernd; Gieseking, Janina; Vogelbusch, Oliver; Markus, Inessa; Gallhofer, Bernd; Knipper, Michael

2016-04-01

Interdisciplinary analysis of the consequences of laws and legal practice for mental health conditions of asylum seekers and psychiatric care. Based on the case study of a Kurdish woman with complex trauma-related psychiatric disorder, who had been in psychiatric hospital care for 25 months, the legal and medical facts are exposed, followed by a discussion referring to theoretical approaches from medical anthropology. Immigration laws and legal practice can have harmful consequences, which can be interpreted as "structural violence". In case of traumatized refugees, the coaction of legal and medical aspects has to be acknowledged seriously by the medical, legal and political parts involved. © Georg Thieme Verlag KG Stuttgart · New York.

Legality in multiple legal orders

NARCIS (Netherlands)

Besselink, L.F.M.; Pennings, F.J.L.; Prechal, A.

2010-01-01

This is the Introductory chapter to The Eclipse of the Legality Principle in the European Union, Edited by Leonard Besselink, Frans Pennings, Sacha Prechal [European Monographs, vol. 75], Kluwer Law International, Alphen aan den Rijn, 2011 [2010], xxv + 303 pp.

The Development of Legal Policy and Legal Needs of Indonesian Immigration Law: Answered Partially, Forget the Rest

Directory of Open Access Journals (Sweden)

Bilal Dewansyah

2015-08-01

Full Text Available The replacement of the immigration law, from Law No. 9 of 1992 to Law No. 6 of 2011 reflected the development of immigration legal policy. As a branch of administrative law that has dynamic character, the reform immigration laws should address the immigration legal needs in practice. This paper discusses the development of Indonesian immigration legal policy and to what extent these developments address the immigration legal needs. Based on the author analyses, it can be concluded, firstly, the development of immigration legal policy, in legal direction context, emphasized to face the impact of globalization both positive and negative effects, and other developments in the future. In legal substances aspect, the current immigration legal policy change various principles immigration laws, such as the principle of selective policies are balanced with the principle of respect for human rights, although in certain settings are not in line with human rights (as in the case of the period of temporary prohibition to leave Indonesia, that can be extended continuously. In legal form and scope context, Indonesian immigration legal policy today, is more concerned with the rules of immigration law in detail than ever before. Secondly, the development of immigration legal policy answered the immigration legal needs particularly, such as in the case of human smuggling, but forget the rest of the immigration legal needs, in terms of the handling of illegal immigrants, asylum seekers and refugees.

Potential Ambiguity Translation Performances within Legal Language Institutional Nomenclature

Directory of Open Access Journals (Sweden)

Oţăt Diana

2015-12-01

Full Text Available Motivated by a paradoxical corollary of ambiguities in legal documents and especially in contract texts, the current paper underpins a dichotomy approach to unintended ambiguities aiming to establish a referential framework for the occurrence rate of translation ambiguities within the legal language nomenclature. The research focus is on a twofold situation since ambiguities may. on the one hand, arise dining the translation process, generated by the translator’s lack of competence, i.e. inadequate use of English regarding the special nature of legal language, or. on the other hand, they may be simply transferred from the source language into the target language without even noticing the potential ambiguous situation, i.e. culture-bound ambiguities. Hence, the paper proposes a contrastive analysis in order to localize the occurrence of lexical, structural, and socio-cultural ambiguities triggered by the use of the term performance and its Romanian equivalents in a number of sales contracts.

Swedish legal scholarship concerning protection of vulnerable groups: Therapeutic and proactive dimensions.

Science.gov (United States)

Dahlin, Moa Kindström; Leviner, Pernilla; Kaldal, Anna; Gumpert, Clara Hellner

2010-01-01

This paper presents a brief overview of the legal theoretical problems that arise in connection with the societal ambition of protecting vulnerable groups. One of the central difficulties in legislation with proactive and therapeutic ambitions arises from the link between law and philosophy of science, i.e., the relationship between facts and norms. It is shown that Therapeutic Jurisprudence differs in several aspects from Swedish legal scholarship that follows Scandinavian Legal Realism. It is also demonstrated that Therapeutic Jurisprudence has several similarities with the so-called Proactive Approach. This paper suggests that Therapeutic Jurisprudence may serve as a useful legal theoretical perspective in Swedish legal scholarship, especially when studying complex and vague regulations with a future focus. Two examples from Swedish legislation are examined: (a) Laws regulating compulsory care of abused or neglected children, and (b) laws related to the mentally ill. This paper illustrates the complexity in these acts, and poses the question of whether the regulations serve their purpose of providing adequate care for and protection of those in need. Copyright © 2010 Elsevier Ltd. All rights reserved.

Legal Information Resources: A Guide for Maryland Libraries.

Science.gov (United States)

Miller, Michael S., Ed.

This guidebook and annotated bibliography is designed to provide a basic listing of sources of state (Maryland), federal, and some general law for the non-law library community, and to offer some insight into the suggested approaches for dealing with legal reference inquiries. Listings of contributors and members of the Task Force on Improving…

Non-Invasive Prenatal Testing: Review of Ethical, Legal and Social Implications

Directory of Open Access Journals (Sweden)

Haidar, Hazar

2016-02-01

Full Text Available Non-invasive prenatal testing (NIPT using cell-free fetal DNA (cffDNA from maternal blood has recently entered clinical practice in many countries, including Canada. This test can be performed early during pregnancy to detect Down syndrome and other conditions. While NIPT promises numerous benefits, it also has challenging ethical, legal and social implications (ELSI. This paper reviews concerns currently found in the literature on the ELSI of NIPT. We make four observations. First, NIPT seems to exacerbate some of the already existing concerns raised by other prenatal tests (amniocentesis and maternal serum screening such as threats to women’s reproductive autonomy and the potential for discrimination and stigmatization of disabled individuals and their families. This may be due to the likely upcoming large scale implementation and routinization of NIPT. Second, the distinction between NIPT as a screening test (as it is currently recommended and as a diagnostic test (potentially in the future, has certain implications for the ELSI discussion. Third, we observed a progressive shift in the literature from initially including mostly conceptual analysis to an increasing number of empirical studies. This demonstrates the contribution of empirical bioethics approaches as the technology is being implemented into clinical use. Finally, we noted an increasing interest in equity and justice concerns regarding access to NIPT as it becomes more widely implemented.

Constitutional Legal Regulation And The Reasons For The Legal Nihilism Existence In Modern Russian Society

Directory of Open Access Journals (Sweden)

Dmitriy E. Nekrasov

2014-09-01

Full Text Available In the present article questions of constitutional and legal regulation and reason for the legal nihilism existence, methods and forms of fight against legal nihilism are considered. Reasons of low legal culture in modern Russian society and ways of the population's legal literacy increase in general are allocated. These problems are extremely topical today as at the 1990th when there was a reorientation of values, ideals and the principles and legislative base was significantly changed, people were simply lost, and it was extremely difficult for them to realize and accept new, absolutely other reality. Today peculiar spiritual and valuable "reconstruct" did not pass completely and the state is obliged to help citizens to carry out it most without serious consequences and successfully. In the conclusion authors draw a conclusion that: first, the problem of legal nihilism more than ever now is particularly acute for modern Russian society. The policy of the state has to be directed by the consciousness of citizens, who understand that law is the integral and obligatory part of the order in the country and that it is one of the basic for any person. Secondly, one of the ways to overcome the legal nihilism consists in the increase of the legal culture level along with the development of effective legal policy. Thirdly, legal idealism, reevaluation of opportunities in law gains especially wide circulation in the years of changes in response to social expectations an insufficiently skilled legislator forms a belief that it is enough to adopt good laws, and all problems would be solved.

Tumor heterogeneity and progression: conceptual foundations for modeling.

Science.gov (United States)

Greller, L D; Tobin, F L; Poste, G

1996-01-01

A conceptual foundation for modeling tumor progression, growth, and heterogeneity is presented. The purpose of such models is to aid understanding, test ideas, formulate experiments, and to model cancer 'in machina' to address the dynamic features of tumor cell heterogeneity, progression, and growth. The descriptive capabilities of such an approach provides a consistent language for qualitatively reasoning about tumor behavior. This approach provides a schema for building conceptual models that combine three key phenomenological driving elements: growth, progression, and genetic instability. The growth element encompasses processes contributing to changes in tumor bulk and is distinct from progression per se. The progression element subsumes a broad collection of processes underlying phenotypic progression. The genetics elements represents heritable changes which potentially affect tumor character and behavior. Models, conceptual and mathematical, can be built for different tumor situations by drawing upon the interaction of these three distinct driving elements. These models can be used as tools to explore a diversity of hypotheses concerning dynamic changes in cellular populations during tumor progression, including the generation of intratumor heterogeneity. Such models can also serve to guide experimentation and to gain insight into dynamic aspects of complex tumor behavior.

Legal Implications of Nuclear Propulsion for Space Objects

Science.gov (United States)

Pop, V.

2002-01-01

This paper is intended to examine nuclear propulsion concepts such as "Project Orion", "Project Daedalus", NERVA, VASIMIR, from the legal point of view. The UN Principles Relevant to the Use of Nuclear Power Sources in Outer Space apply to nuclear power sources in outer space devoted to the generation of electric power on board space objects for non-propulsive purposes, and do not regulate the use of nuclear energy as a means of propulsion. However, nuclear propulsion by means of detonating atomic bombs (ORION) is, in principle, banned under the 1963 Treaty Banning Nuclear Weapon Tests in the Atmosphere, in Outer Space, and Under Water. The legality of use of nuclear propulsion will be analysed from different approaches - historical (i.e. the lawfulness of these projects at the time of their proposal, at the present time, and in the future - in the light of the mutability and evolution of international law), spatial (i.e. the legal regime governing peaceful nuclear explosions in different spatial zones - Earth atmosphere, Earth orbit, Solar System, and interstellar space), and technical (i.e, the legal regime applicable to different nuclear propulsion techniques, and to the various negative effects - e.g. damage to other space systems as an effect of the electromagnetic pulse, etc). The paper will analyse the positive law, and will also come with suggestions "de lege ferenda".

Smart design rules for smart grids : analysing local smart grid development through an empirico-legal institutional lens

NARCIS (Netherlands)

Lammers, Imke; Heldeweg, Michiel A.

2016-01-01

Background: This article entails an innovative approach to smart grid technology implementation, as it connects governance research with legal analysis. We apply the empirico-legal ‘ILTIAD framework’, which combines Elinor Ostrom’s Institutional Analysis and Development (IAD) framework with

Game innovation through conceptual blending

DEFF Research Database (Denmark)

Möring, Sebastian Martin

In  this  paper  I  wish  to  apply implications of  the  Conceptual  Blending  Theory  to  computer  games.  I  will  analyze  chosen  examples  and  discuss  them  as  a  result  of  video  game  innovation  made  possible  through  "conceptual  blending."  Conceptual  blending  links  at  least.......,  Hell.  The  purpose  of  my  approach  is  not  so  much  to  validate  the  ideas  of  conceptual  blending  theory  through  another  field  of  examples  (computer  games)  but  to  name  and analyze characteristics of the mentioned games with the  help of a given method.......  integration  network  consisting  of  at  least  two  input  spaces,  a  generic  space  and  a  blended  space  as  well  as  its  governing  principles  consisting  of  composition,  completion,  and  elaboration.  With  the  help  of  these  instruments  I  analyze computer  games like  Tuper  Tario  Tros...

Two conceptions of legal principles

Directory of Open Access Journals (Sweden)

Spaić Bojan

2017-01-01

Full Text Available The paper discusses the classical understanding of legal principles as the most general norms of a legal order, confronting it with Dworkin's and Alexy's understanding of legal principles as prima facie, unconditional commands. The analysis shows that the common, classical conception brings into question the status of legal principles as norms, by disreguarding their usefulness in judicial reasoning, while, conversely, the latterhas significant import forlegal practice and consequently for legal dogmatics. It is argued that the heuristic fruitfulness of understanding principles as optimization commands thusbecomesapparent. When we understand the relation of priciples to the idea of proportionality, as thespecific mode of their application, which is different from the supsumtive mode of applying rules, the theory of legal principles advanced by Dworkin and Alexy appears therefore to be descriptively better than others, but not without its flaws.

A guide to medico-legal photography for personal injury claims.

Science.gov (United States)

Bryson, D

1994-01-01

Clinical photographs are in essence medico-legal records but when instructions are given to take photographs for litigation the requirement is for a more specialized approach than when producing a clinical record for the notes. There are special considerations when providing a medico-legal photographic service, from clients' instructions, preparations before photography, and the photography itself to presenting the photographs and handling the administration. As photographs are taken in support of claims for compensation for personal injury many of them can have far greater impact, financially and psychologically, on the client than clinical photographs. Inadequate coverage could be construed as professional negligence.

Legal nature of affatomia

Directory of Open Access Journals (Sweden)

Stanković Miloš

2015-01-01

Full Text Available In Salian and Ripuarian Code affatomia represented a bilateral legal transaction that was aimed at changing of the scoped of heirs determined by the customs, at least insofar being applied in the absence of biological descendants only. However, almost all further similarities in the field cease at this point. The form for using affatomia with Ripuarian Franks was much simpler than the one with the Salian Franks. Unlike the Salian Franks, affatomia could by all odds be used by Ripuarian Franks spouses in determining each other for a heir. Legal nature of the Salian Franks affatomia is most similar to the mancipatio familiae type of will in the Roman law (which does not mean it emerged from this law, while its form in the Ripuarian Code is much closer to testamentary adoption. As with Ripuarian Franks, affatomia seems to have definitely produced legal effects only after the death of the disposant, while its legal effects with the Salian Code performed inter vivos. Contemporary authors are trying to designate the legal nature of legal affairs from the early development of human and legal civilization through modern institutes that represent the completion of their evolutionary path. Taking the inheritance contract of the German or Swiss law, or the future assets donation of the French law, for example, and then comparing them to affatomia and thinx is an anachronism. This is evident by the fact that the legal nature of these ancient Germanic institutes can not be viewed unilaterally, but always through a combination of those institutes which we know today as adoption, gift or mixed donation with retention of different modalities for the transferor or the testator (usually usufruct. In this sense, if we are looking for a inheritance agreement in the Middle Ages, the contract in which a person determines other person for his/her universal or singular successor in the modern sense, we will certainly not find one. However, if within this institute we

The picture superiority effect in conceptual implicit memory: a conceptual distinctiveness hypothesis.

Science.gov (United States)

Hamilton, Maryellen; Geraci, Lisa

2006-01-01

According to leading theories, the picture superiority effect is driven by conceptual processing, yet this effect has been difficult to obtain using conceptual implicit memory tests. We hypothesized that the picture superiority effect results from conceptual processing of a picture's distinctive features rather than a picture's semantic features. To test this hypothesis, we used 2 conceptual implicit general knowledge tests; one cued conceptually distinctive features (e.g., "What animal has large eyes?") and the other cued semantic features (e.g., "What animal is the figurehead of Tootsie Roll?"). Results showed a picture superiority effect only on the conceptual test using distinctive cues, supporting our hypothesis that this effect is mediated by conceptual processing of a picture's distinctive features.

CONCEPTUAL APPROACHES TO STUDY THE INNOVATIVE DEVELOPMENT OF REGIONAL SOCIO-ECONOMIC SYSTEMS

Directory of Open Access Journals (Sweden)

Svitlana Fedulova

2017-12-01

Full Text Available The purpose of the paper is to find out and identify conceptual approaches to the study of the innovative development of regional socio-economic systems to take into account global requirements for global water security. Methodology. We used in our study traditional and special methods, including: historical and logical method, abstraction and analogy, and system analysis methods. Results. The article deals with the problems of innovative development of regional socio-economic systems. Conceptual approaches to the study of the innovative development of these systems are determined. Theoretical approaches to regionalization are generalized and the regional typology in world regionalism is presented. The study devotes a sufficient attention to the issues of infrastructure support for regional systems, which is a prerequisite for the functioning and development of such systems. The article focuses on the priority of research of such a component of regional infrastructure as engineering and technical infrastructure. The model of regulation of development of regional socio-economic systems on the basis of infrastructure support with the consideration of world requirements of global water security is offered. Practical implications. In recent times, the discussion on the definition of the essence of the concept of “region” is rather lively. The new paradigm of the regional economy represents the region as a variety of spatial systems of various scales. Yes, there are ongoing discussions that under the region can be understood as a group of states and small-sized administrative-territorial units. Despite the important role played by such regional systems in the economy of many countries, this topic in domestic studies is not given with enough attention. Also, in the domestic scientific schools of the regional economy, studies devoted to the problems of patterns and tendencies of the formation and development of regional systems of Ukraine, the

Legal Institutions and Economic Development

NARCIS (Netherlands)

Beck, T.H.L.

2010-01-01

Legal institutions are critical for the development of market-based economies. This paper defines legal institutions and discusses different indicators to measure their quality and efficiency. It surveys a large historical and empirical literature showing the importance of legal institutions in

Approaches to teaching primary level mathematics

Directory of Open Access Journals (Sweden)

Caroline Long

2014-12-01

Full Text Available In this article we explore approaches to curriculum in the primary school in order to map and manage the omissions implicit in the current unfolding of the Curriculum and Assessment Policy Statement for mathematics. The focus of school-based research has been on curriculum coverage and cognitive depth. To address the challenges of teaching mathematics from the perspective of the learner, we ask whether the learners engage with the subject in such a way that they build foundations for more advanced mathematics. We firstly discuss three approaches that inform the teaching of mathematics in the primary school and which may be taken singly or in conjunction into organising the curriculum: the topics approach, the process approach, and the conceptual fields approach. Each of the approaches is described and evaluated by presenting both their advantages and disadvantages. We then expand on the conceptual fields approach by means of an illustrative example. The planning of an instructional design integrates both a topics and a process approach into a conceptual fields approach. To address conceptual depth within this approach, we draw on five dimensions required for understanding a mathematical concept. In conclusion, we reflect on an approach to curriculum development that draws on the integrated theory of conceptual fields to support teachers and learners in the quest for improved teaching and learning.

Legality, legitimacy and formal and informal decision-making processes: when does a decision become legitimate?

International Nuclear Information System (INIS)

Zwetkoff, C.

2004-01-01

A few words on the purpose of this paper are given by way of introduction. A brief analysis will be made of the relationship between legality and legitimacy in relation to decision-making processes and within the context of the policies concerning the public management of technological risks. The aim is to raise questions and outline some reflections based on the theory of the state, from the perspective of the conditions of the institutionalization of power. I shall first clarify a few conceptual points. The notion of legality refers to the notion of compliance with legal standards, that is to say, with the law. Is the decision made by a person empowered by law so do to (legal competence)? Is it taken in compliance with legal procedure? And are the effects implicitly in keeping with the spirit of the law? The legitimacy of the power of those who govern, or the legitimacy of their decisions, is not determined solely by legal standards but rather, is a matter of individual and social representation or view. As Hobbes says, in essence, to govern is to convince: to convince people of the rightfulness of the source of the power of those who govern and of the action or public policies that they formulate. The paper is organised around three propositions: 1. The role of the legitimacy or social acceptability of public policies has always been an element of the way all political systems function. This role, however, occupies an increasingly important place on the political agenda in a societal decision-making context that has undergone irreversible changes. 2. Although the essence of the social legitimacy of public policies remains the same, the conditions, mechanisms and criteria evolve. 3. The critical centrality of social legitimacy, together with the evolution of the criteria for legitimate decision, today modify the decision-making mechanisms that were established in response to the requirements of classical democracy. We observe a political organisation i n the

Defining Legal Writing: An Empirical Analysis of the Legal Memorandum. LSAC Research Report Series.

Science.gov (United States)

Breland, Hunter M.; Hart, Frederick M.

This study examined legal writing as it was represented in legal memoranda prepared by first-semester law students at 12 different law schools. The study was based on the cumulative judgments of the instructors and professors of law in those institutions, humanities specialists at the Educational Testing Service, and two legal consultants. A…

Did Legalized Abortion Lower Crime?

Science.gov (United States)

Joyce, Ted

2004-01-01

Changes in homicide and arrest rates were compared among cohorts born before and after legalization of abortion and those who were unexposed to legalized abortion. It was found that legalized abortion improved the lives of many women as they could avoid unwanted births.

Modular Stellarator Reactor conceptual design study

International Nuclear Information System (INIS)

Miller, R.L.; Bathke, C.G.

1983-01-01

A conceptual design study of the Modular Stellarator Reactor is summarized. The physics basis of the approach is elucidated with emphasis on magnetics performance optimization. Key engineering features of the fusion power core are described. Comparisons with an analogous continuous-helical-coil (torsatron) system are made as the basis of a technical and economic assessment

Modular stellarator reactor conceptual design study

International Nuclear Information System (INIS)

Miller, R.L.; Krakowski, R.A.; Bathke, C.G.

1983-01-01

A conceptual design study of the Modular Stellarator Reactor is summarized. The physics basis of the approach is elucidated with emphasis on magnetics performance optimization. Key engineering features of the fusion power core are described. Comparisons with an analogous continuous-helical-coil (torsatron) system are made as the basis of a technical and economic assessment

Exploring the associations of culture with careers and the mediating role of HR practices: A conceptual model

NARCIS (Netherlands)

Kats, M.S.; van Emmerik, I.J.H.; Blenkinsopp, J.; Khapova, S.N.

2010-01-01

Purpose: The conceptual framework developed in the present study aims to highlight the importance of human resource (HR) practices as a mediator between national culture and employees' careers. Design/methodology/approach: The approach taken is a literature review and the development of a conceptual

Datafication of Automated (Legal) Decisions

DEFF Research Database (Denmark)

Schaumburg-Müller, Sten

Even though I maintain that it is a misconception to state that states are “no longer” the only actors, since they never were, indeed it makes sense to “shed light on the impact of (…) new tendencies on legal regulatory mechanisms (…)” One regulatory tendency is obviously the automation of (legal......) decisions which has implications for legal orders, legal actors and legal research, not to mention legal legitimacy as well as personal autonomy and democracy. On the one hand automation may facilitate better, faster, more predictable and more coherent decisions and leave cumbersome and time consuming...... a substantial part of the components of the decisions are prefabricated. With a risk of misplacing the responsibility, this may be called the “google syndrome”. The hidden algorithms may also constitute the basis for decisions concerning individuals (the passive aspect), the “profiling syndrome”. Based on big...

The power of law : Spinoza’s contribution to legal theory

NARCIS (Netherlands)

Gribnau, J.L.M.

1995-01-01

Spinoza’s legal theoretical ideas are based on psychological and sociological regularities in human behaviour of knowledge. His naturalistic and descriptive approach of the relationship between law and power shows that the exercise of state power on that basis - within the constitutional constraints

Harmonising legality with morality in Islamic banking and finance: A quest for Maqāṣid al-Sharī‘ah paradigm

Directory of Open Access Journals (Sweden)

Luqman Zakariyah

2015-12-01

Full Text Available Scholars in Islamic Finance Industry (IFI have been calling for the integration of Islamic morality with legal theories in the industry. Among the reasons for this call is an unethical trend in product innovation. Implementing Islamic banking and financial practices would require adopting their undergirding Islamic legal and moral frameworks. Departing from these foundations of Islamic law could render the activities conducted under its name religiously unacceptable. Many approaches have been put forward to achieve this cause. One of the most complex yet subjective approaches is the quest for Maqāṣid al-Sharī‘ah. This paper critically examines the feasibility of harmonising morality with legality in Islamic finance. In doing so, it will reveal what constitutes morality and legality in Islamic legal theory, and critically examine the approaches of Muslim classical scholars in fusing the two elements together for the realisation and actualisation of the very objectives of Sharī‘ah. Questions of the relationship between morality and legality are raised, and samples of Islamic finance products are evaluated to expose their moral and legal dimensions. Lastly, the role of Maqāṣid al-Sharī‘ah in the process of harmonisation is discussed with some observations and reservations on the practicality of their implementation.

Defendant’s free will in legal collaboration and its relation with pre-trial detention

Directory of Open Access Journals (Sweden)

Antonio Henrique Graciano Suxberger

2017-03-01

Full Text Available The legal collaboration, a type of evidence used on organized crime prosecutions, demands free will of the defendant. Appraising the defendant’s free will, many critics cover the deals made with an arrested defendant during the negotiation of the legal collaboration. These two institutes — legal collaboration and pre-trial detention —, although they do not present themselves as a cause-effect relation, commonly are approached in practice as associated. This essay intends to evaluate the defendant’s free will during pre-trial detention and the legal collaboration’s bargaining. It asserts a strict and clear relation between pre-trial detention and the legal collaboration bargaining. Identifying occasional problems do not imply the conclusion on the existence of a structural problem to legal collaboration institute. This consideration is relevant to avoid superficial solutions that could fragilize even more the held defendant. Methodologically, from a literature review and document analysis about the subject, the paper clarifies what is a “criminal case” and what it means to the study.

An expanded conceptual framework for solution-focused management of chemical pollution in European waters

NARCIS (Netherlands)

Munthe, John; Brorström-Lundén, Eva; Rahmberg, Magnus; Posthuma, Leo; Altenburger, Rolf; Brack, Werner; Bunke, Dirk; Engelen, Guy; Gawlik, Bernd Manfred; van Gils, Jos; Herráez, David López; Rydberg, Tomas; Slobodnik, Jaroslav; van Wezel, Annemarie

2017-01-01

Background: This paper describes a conceptual framework for solutions-focused management of chemical contaminants built on novel and systematic approaches for identifying, quantifying and reducing risks of these substances. Methods: The conceptual framework was developed in interaction with

INTERNATIONAL LEGAL ASPECTS OF DEALING WITH THE CONTEMPORARY TERRORISM THREATS

Directory of Open Access Journals (Sweden)

Vesna Poposka

2017-05-01

Full Text Available Recent challenges in international security posed by two terrorist organizations, Al Qaeda and ISIS, have highlighted an urgent domestic and foreign policy challenge. Terrorism has been, for more than a decade, top headline in the world media, and the cost of terrorist activities is expressed in numerous human lives and enormous material damage. Yet to date, international organizations and governments have not been successful in the attempt to find a common definition or uniform approach. Up to now, the approaches towards terrorist activities differ from case to case. There is no single legal regime to deal with terrorist activities, and the legal regime is what gives the answer and the framework for the counter-terrorist activities of the security forces, in order to be able to deal with the threat. This paper will attempt to answer at least some of the dilemmas.

Legal capacity and biomedicine: Biomedical discrimination

Directory of Open Access Journals (Sweden)

Cvetić Radenka

2011-01-01

Full Text Available The article begins with the overview of the legal capacity as a general legal qualification recognized by the legal order guaranteeing the right to be a holder of rights and obligations. The article is then focused on the scope of the absolute Constitutional guarantee of the right to legal personality as well as on the Constitutional prohibition of discrimination which gives rise to the general equality before the Constitution and the law. The focus of this article is the moment when the legal capacity, or legal personality, is considered to be acquired. It then moves to the issue whether limiting the access to techniques of assisted reproduction (biomedical conception is contrary to the general rules on legal capacity, and whether this is a genuine form of biomedical discrimination.

Thematic approach and complex scientific school knowledge: thematic and conceptual organization as proposals of open educational path

Directory of Open Access Journals (Sweden)

Giselle Watanabe

2017-12-01

Full Text Available In a traditional way, the school knowledge of the sciences, especially in high school, is consolidated from a set of conceptual contents that reflects a given historical construction of the referred science, whether Biology, Physics or Chemistry. In this format, textbooks generally present a more deterministic and reductionist view. There are several consequences, in this scheme that impact the formation of students, among them a mechanized learning and little contextual meaning. In an opposing movement to these limitations, the thematic approaches have been proposed and discussed in research of science teaching field, which propose a treatment of a given topic that is considered relevant for the formation of the youth. However, the organization by themes makes it difficult to integrate into the school curricular culture. Facing this question, this article intends to investigate potential ways of dealing with the two mentioned approaches (traditional and thematic methods, identifying possibilities for the building of knowledge with the potential to promote a more critical and reflexive formation. Methodologically, in this perspective, the research proposes a theoretical reflection from the complexity view about the works with themes, but considering the national school reality. From these considerations emerge the proposal of articulation between two forms of organization, conceptual and thematic, which create space for diversified choices by teachers, based on issues of their school daily life and their training goals. These choices are represented by what we call open thematic pathways. From the results, it may be concluded that the proposed strategies can promote an alternative view of science, the complexity idea, to address questions of an open and dynamic nature and, in this way; it may allow reflections about perceptions, attitudes and values. At same time, it aims to ways of acting of teachers with greater autonomy and protagonism

THEORETICAL AND LEGAL PERSPECTIVE ON CERTAIN TYPES OF LEGAL LIABILITY IN CRYPTOCURRENCY RELATIONS

OpenAIRE

Oleksii Drozd; Yaroslav Lazur; Ruslan Serbin

2017-01-01

The aim of this article is to study the theoretical, methodological, and legal possibilities of application of certain types of legal responsibility to the relations, which are connected with cryptocurrency (bitcoin). Some types of liability in the field of cryptocurrency relations make the subject of the study. Methodology. The research is based on a comparison of legal regulation of the sphere of cryptocurrency in Ukraine and in foreign countries. Advantages and disadvantages of different m...

LEGAL DRAFTING IN CROATIA - CASE STUDY

Directory of Open Access Journals (Sweden)

Dario Đerđa

2017-01-01

Full Text Available This paper highlights the importance of legal drafting and its essential elements, which has not drawn a lot of attention in the Republic of Croatia so far. The paper emphasises the importance of proportionality in the simplicity and legal distinctness of a legal text in the process of drafting for the purpose of its clarity. The paper also presents objective requirements necessary for quality legal drafting, as well as subjective qualities of the drafters. With the purpose of drawing attention to imperfections in the legal drafting in Croatia, some defi ciencies are presented in the process of drafting and amending of the Utility Services Act. The process of drafting and amending of this Act is a good example of the way how legal drafting should not be done. It contains a lot of defi ciencies and failures that are the result of legal drafting mistakes. At the end, authors expect that the adoption of the Uniform methodology and nomotechnical rules for the drafting of acts enacted by Parliament should contribute to the higher quality of legal texts and to their full adjustment to the general requirements of legal certainty and rule of law.

Legal and Regulatory Barriers to Reverse Innovation.

Science.gov (United States)

Rowthorn, Virginia; Plum, Alexander J; Zervos, John

Reverse innovation, or the importation of new, affordable, and efficacious models to high-income countries from the developing world, has emerged as a way to improve the health care system in the United States. Reverse innovation has been identified as a key emerging trend in global health systems in part because low-resourced settings are particularly good laboratories for low-cost/high-impact innovations that are developed out of necessity. A difficult question receiving scant attention is that of legal and regulatory barriers. The objective of this paper is to understand and elucidate the legal barriers faced by innovators bringing health interventions to the United States. Semistructured qualitative interviews were conducted with 9 key informants who have directly participated in the introduction of global health care approaches to the United States health system. A purposive sampling scheme was employed to identify participants. Phone interviews were conducted over one week in July 2016 with each participant and lasted an average of 35 minutes each. Purely legal barriers included questions surrounding tort liability, standard of care, and concerns around patient-administered self-care. Regulatory burdens included issues of international medical licensure, reimbursement, and task shifting and scope of work challenges among nonprofessionals (e.g. community health workers). Finally, perceived (i.e. not realized or experienced) legal and regulatory barriers to innovative modalities served as disincentives to bringing products or services developed outside of the United States to the United States market. Conflicting interests within the health care system, safety concerns, and little value placed on low-cost interventions inhibit innovation. Legal and regulatory barriers rank among, and contribute to, an anti-innovation atmosphere in healthcare for domestic and reverse innovators alike. Reverse innovation should be fostered through the thoughtful development of

Toward validation of a structural approach to conceptualizing psychopathology: A special section of the Journal of Abnormal Psychology.

Science.gov (United States)

Krueger, Robert F; Tackett, Jennifer L; MacDonald, Angus

2016-11-01

Traditionally, psychopathology has been conceptualized in terms of polythetic categories derived from committee deliberations and enshrined in authoritative psychiatric nosologies-most notably the Diagnostic and Statistical Manual of Mental Disorders (DSM; American Psychiatric Association [APA], 2013). As the limitations of this form of classification have become evident, empirical data have been increasingly relied upon to investigate the structure of psychopathology. These efforts have borne fruit in terms of an increasingly consistent set of psychopathological constructs closely connected with similar personality constructs. However, the work of validating these constructs using convergent sources of data is an ongoing enterprise. This special section collects several new efforts to use structural approaches to study the validity of this empirically based organizational scheme for psychopathology. Inasmuch as a structural approach reflects the natural organization of psychopathology, it has great potential to facilitate comprehensive organization of information on the correlates of psychopathology, providing evidence for the convergent and discriminant validity of an empirical approach to classification. Here, we highlight several themes that emerge from this burgeoning literature. (PsycINFO Database Record (c) 2016 APA, all rights reserved).

medico-legal an overview of some of the key legal developments in ...

African Journals Online (AJOL)

Enrique

equipped to admit a child with HIV as none of its teachers ... Head, Legal Unit, AIDS Law Project, and Centre for Applied Legal Studies, University of the Witwatersrand, Johannesburg ... once they have certified that the test or treatment is in the.

Medico-legal autopsies in Denmark

DEFF Research Database (Denmark)

Larsen, Sara Tangmose; Lynnerup, Niels

2011-01-01

At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies.......At 2.7% in 1970, the Danish medico-legal autopsy frequency was lower than recent frequencies observed in the Nordic countries (4-24%). The aim of this study was to analyse trends in the number and frequency of Danish medico-legal autopsies....

Legal reality of Russia: constants and variables

Directory of Open Access Journals (Sweden)

Andrey Valeryevich Skorobogatov

2015-06-01

Full Text Available Objective to develop the sciencebased knowledge about essential and substantial aspects of the current legal reality of Russia in the context of postclassical paradigm. Methods the methodological basis of this research is the synthesis of classical and postclassical paradigms that determine the choice of specific methods of research formallegal comparative legal modeling method hermeneutic discursive methods. Results basing on the postclassical methodology it is proved that the legal reality of Russia consists of three levels legislation law enforcement and legal behavior. The determinant level of legal reality is legal behavior that is aimed at observing the unwritten rules. The legal reality of Russia is characterized by a transgressive state of the modern Russian society expressed in broad application of nonlegislative nonlegal practices low level of legal culture legal nihilism and legal infantilism. Scientific novelty the article for the first time analyzes the ontological and phenomenological essence of the legal reality in Russia and determines its transgressive nature at the present stage of development. Practical value the main provisions and conclusions of the article can be used in scientific and pedagogical activity when considering questions about the nature and content of legal development. nbsp

Legal Consciousness and Responses to Sexual Harassment*

Science.gov (United States)

Blackstone, Amy; Uggen, Christopher; McLaughlin, Heather

2009-01-01

Studies of legal mobilization often focus on people who have perceived some wrong, but rarely consider the process that selects them into the pool of potential “mobilizers.” Similarly, studies of victimization or targeting rarely go on to consider what people do about the wrong, or why some targets come forward and others remain silent. We here integrate sociolegal, feminist, and criminological theories in a conceptual model that treats experiencing sexual harassment and mobilizing in response to it as interrelated processes. We then link these two processes by modeling them as jointly determined outcomes and examine their connections using interviews with a subset of our survey respondents. Our results suggest that targets of harassment are selected, in part, because they are least likely to tell others about the experience. Strategies that workers employ to cope with and confront harassment are also discussed. We find that traditional formal/informal dichotomies of mobilization responses may not fully account for the range of ways individuals respond to harassment, and we propose a preliminary typology of responses. PMID:20300446

Developing Evaluation Skills with Legal Translation Trainees

Directory of Open Access Journals (Sweden)

Vîlceanu Titela

2015-12-01

Full Text Available Axiomatically, translation is twofold: an activity/process (more accurately designated by the term translating and a product (the term translation can be restricted to the product. It seems that the product dimension has gained increased importance, being the most visible part of translation as market-driven, design-oriented, precise and measurable - complying with specifications. Translation engenders a sequence: identification of text type and of end users’ needs (experts or non-experts in the field, evaluation of the complexity of the source text via global reading, followed by a close reading of its parts, the translating of the document, the translator’s checking of final version, editing and proofreading. The translator’s choices are accountable in point of cost-effectiveness (efficiency and effectiveness. Therefore, the legal translator should master the methodological toolkit, conceptual frame and related terminology, and adopt an inward-looking perspective (intuition, subjectivity, ingrained habits, insights deriving from his/her expertise and experience alongside an outward-looking one (working against objective criteria, standards of quality, benchmarks, etc.

LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research

Directory of Open Access Journals (Sweden)

Muhammad Helmy Hakim

2016-05-01

Full Text Available Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.

Analysis of Subjective Conceptualizations Towards Collective Conceptual Modelling

DEFF Research Database (Denmark)

Glückstad, Fumiko Kano; Herlau, Tue; Schmidt, Mikkel Nørgaard

2013-01-01

This work is conducted as a preliminary study for a project where individuals' conceptualizations of domain knowledge will thoroughly be analyzed across 150 subjects from 6 countries. The project aims at investigating how humans' conceptualizations differ according to different types of mother la...

Reasoning about coordination in the problem of conceptualization

DEFF Research Database (Denmark)

Hansen, Pelle Guldborg

2010-01-01

Within the last decade or so theories of inductive learning in games have increasingly become the primary approach in the construction of models for explaining how agents may resolve repeated coordination problems as well as the emergence social conventions at the more general level. However......, looking closer at a paradigm case of such models, the Dirichlet model, this paper argues that such models only work for explaining emergence if presupposing pre-tailored and ad hoc conceptualizations of the recurrent decision problem faced by the agents. It then argues that such conceptualization itself...... rest on convention and thus that the models only work by begging the question they were thought to answer. Finally, the paper points to the possibility that a non-circular solution to the problem of conceptualization may be found in an understanding of the way agents reason about coordination, when...

A Corpus-Based Discourse Information Analysis of Chinese EFL Learners' Autonomy in Legal Case Brief Writing

Science.gov (United States)

Chen, Jinshi

2017-01-01

Legal case brief writing is pedagogically important yet insufficiently discussed for Chinese EFL learners majoring in law. Based on process genre approach and discourse information theory (DIT), the present study designs a corpus-based analytical model for Chinese EFL learners' autonomy in legal case brief writing and explores the process of case…

A Conceptual Space Logic

DEFF Research Database (Denmark)

Nilsson, Jørgen Fischer

1999-01-01

Conceptual spaces have been proposed as topological or geometric means for establishing conceptual structures and models. This paper, after briey reviewing conceptual spaces, focusses on the relationship between conceptual spaces and logical concept languages with operations for combining concepts...... to form concepts. Speci cally is introduced an algebraic concept logic, for which conceptual spaces are installed as semantic domain as replacement for, or enrichment of, the traditional....

Adjustment of legally binding local plans

DEFF Research Database (Denmark)

Hvingel, Line Træholt; Aunsborg, Christian; Christensen, Finn Kjær

2012-01-01

Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment ...... the considerations of legal rights, the extend of the legal use of empowerment provisions and the combination of the use of legal binding local plans and other legal instruments such as easements and sales agreements.......Traditionally, and by law, new urban areas in Denmark are regulated and planned through legally binding local plans. Recently a tendency has occurred: The municipalities make the legally binding local plans quite open for future adjustment, and they are using a substantial amount of ‘empowerment...... provisions’ which empower the municipalities to later ruling. This way of making plans postpones the actual regulation of an area (i.e. the planning permission) making it an individual ruling for instance at the application of building permits. Case studies show examples of this way of regulating an area...

Legal Opportunities for Public Participation in Forest Management in the Republic of Korea

Directory of Open Access Journals (Sweden)

Mi Sun Park

2016-04-01

Full Text Available Participation by multiple actors has been emphasized in managing state forests to meet various demands on forests within a global society. Public participation was also suggested as an approach to sustainable forest management. This paper aims to investigate the legal opportunities of public participation in managing state forests in the case of the Republic of Korea (ROK. Relevant legal and policy documents were selected for content analysis and were analyzed with the levels of participation. Litigation regarding state forest conflicts was analyzed. The ROK legal system includes multiple levels of participation in managing state forests: information sharing, consultation, collaborative decision-making, and implementation. The research results indicate that various stakeholders need legal opportunities to participate in the formation and implementation of policies for the management of state forests. Regulatory enforcement is required for guaranteeing environmental rights—access to information, participation in decision-making, and standing in court. Based on research results, this paper provides us with legal insights on promoting public participation in managing state forests.

Professionals and interfamily violence against children and adolescents: in between legal and conceptual precepts

Directory of Open Access Journals (Sweden)

Gabriele Schek

Full Text Available Abstract OBJECTIVE To identify the conceptions of professionals regarding interfamily violence against children and adolescents. METHOD A qualitative study conducted with 15 professionals who had taken children and adolescents under their care as a result of interfamily violence. Data were collected between November, 2013, and March, 2015, through semi-structured interviews. Data were organized and analyzed using the Textual Discourse Analysis technique. RESULTS The professional discourse highlighted that some legal aspects regarding the handling of interfamily violence against children and adolescents are neglected; an omission supported by the justification of professionals to preserve the family. We highlight the confrontation between the concept of family as a caregiver and the family that commits violence against children, in addition to the positioning of professionals, which does not include the family or the aggressor in the intervention process in facing situations of interfamily violence attended to by the services. CONCLUSION Acting against interfamily violence requires professionals to do away with some pre-established concepts in ordee to put the actual needs of victims and families into evidence.

Marketing legal services on the Internet

Directory of Open Access Journals (Sweden)

Alicja Mikołajczyk

2014-09-01

Full Text Available This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The article presents legal restrictions in the market, with emphasis to fundamental barriers that prevent implementation of traditional marketing tools and techniques broadly available in market communication. The second part presents selected tools of online marketing applicable in promotion of legal services, examplified with their use in practice.

The changing purpose of mental health law: From medicalism to legalism to new legalism.

Science.gov (United States)

Brown, Jennifer

2016-01-01

The role of law in regulating mental health detention has come to engender great contention in the legal and sociological disciplines alike. This conflict is multifaceted but is centred upon the extent to which law should control the psychiatric power of detention. In this manner the evolution of law regulating mental health detention has been seen in terms of a pendulous movement between two extremes of medicalism and legalism. Drawing on socio-legal literature, legislation, international treaties and case law this article examines the changing purpose of mental health law from an English and Council of Europe perspective by utilizing the concepts of medicalism, legalism and new legalism as descriptive devices before arguing that the UN Convention on the Rights of Persons with Disabilities goes further than all of these concepts and has the potential to influence mental health laws internationally. Copyright © 2016 Elsevier Ltd. All rights reserved.

Conceptual studies of toroidal field magnets for the tokamak (fusion) experimental power reactor. Final report

International Nuclear Information System (INIS)

1976-01-01

This report presents the results of ''Conceptual Studies of Toroidal Field Magnets for the Tokamak Experimental Power Reactor'' performed for the Energy Research and Development Administration, Oak Ridge Operations. Two conceptual coil designs are developed. One design approach to produce a specified 8 Tesla maximum field uses a novel NbTi superconductor design cooled by pool-boiling liquid helium. For a highest practicable field design, a unique NbSn 3 conductor is used with forced-flow, single-phase liquid helium cooling to achieve a 12 Tesla peak field. Fabrication requirements are also developed for these approximately 7 meter horizontal bore by 11 meter vertical bore coils. Cryostat design approaches are analyzed and a hybrid cryostat approach selected. Structural analyses are performed for approaches to support in-plane and out-of-plane loads and a structural approach selected. In addition to the conceptual design studies, cost estimates and schedules are prepared for each of the design approaches, major uncertainties and recommendations for research and development identified, and test coil size for demonstration recommended

Advanced conceptual design report. Phase II. Liquid effluent treatment and disposal Project W-252

International Nuclear Information System (INIS)

1995-01-01

This Advanced Conceptual Design Report (ACDR) provides a documented review and analysis of the Conceptual Design Report (CDR), WHC-SD-W252-CDR-001, June 30, 1993. The ACDR provides further design evaluation of the major design approaches and uncertainties identified in the original CDR. The ACDR will provide a firmer basis for the both the design approach and the associated planning for the performance of the Definitive Design phase of the project

THE BECOMING-OTHER OF LAW: PRELIMINARIES FOR A CITIZEN'S CONCEPTUALIZATION OF LAW

OpenAIRE

Miranda, Ricardo

2017-01-01

Abstract: The author's hypothesis is that modern legal theories view law solely from the standpoint of ruling class or, in Hartian language, from the external point of view. Why? In sume because legal philosophers have implicitly accepted law as the exclusive domain of government and partisan politics. This approach, however, has been disrupted by poststructuralist political developments, which serve as a powerful impetus to modify prevailing concepts. This analysis begins with Benjamín Ardit...

Topical legal aspects of corruption counteraction in public procurement

Directory of Open Access Journals (Sweden)

Aleksandr Igorevich Zemlin

2015-03-01

Full Text Available Objective to analyze the current developments in the Russian legislation on corruption counteraction and the legislation on public procurement system on this basis to study legal conflicts and gaps and to develop proposals under the provisions of the National AntiCorruption Plan for 2014ndash2015. Methods historical formallegal logical and systemicfunctional structural and contextual approach to the study of law and theoretical propositions concerning the definition nature and characteristics of legal relations arising in the process of and relating to the corruption counteraction in the public procurement system. Results аn aggregate of theoretical conclusions and proposals aimed at perfection of anticorruption legislation and legislation on the contractual public procurement system is presented. Scientific novelty the results of the author39s interpretation of changes in the Russian anticorruption legislation and legislation on the contractual public procurement system existing legal conflicts and gaps. Practical significance developing proposals for improving the standards of anticorruption legislation and legislation on public procurement system under the provisions of the National AntiCorruption Plan for 2014ndash2015. nbsp

Screening for Elder Mistreatment among Older Adults Seeking Legal Assistance Services

Directory of Open Access Journals (Sweden)

Sheryl M Strasser

2013-08-01

Full Text Available Introduction: The aging population is a rapidly growing demographic in the United States. Isolation, limited autonomy, and declining physical and mental health render many older adults vulnerable to elder mistreatment (EM. The purpose of this study was to assess the prevalence and correlates of EM among a sample of older adults using legal assistance services in Atlanta, Georgia.Methods: Researchers administered surveys to consenting older adults (aged 60þ in 5 metro Atlanta community centers that hosted legal assistance information sessions as part of the Elderly Legal Assistance Program. The surveys screened for risk factors and prevalence of EM risk using valid and reliable measures and included additional questions regarding demographics characteristics and healthcare use behaviors.Results: Surveys were completed by 112 participants. Findings reveal that 32 (28.6% respondents met the criteria for elder abuse / neglect risk; 17 (15.2% respondents met criteria for depression; and 105 (93.7% had visited a healthcare provider during the past 6 months.Conclusion: The rates of EM risk in this sample were higher than those previously reported in research. Findings support continued examination of unique risks that may be present among older adults who may be possibly facing legal issues. Additionally, the reported frequency of healthcare visits among participants reveals a promising opportunity to examine development of a more widespread EM screening approach to be conducted in non-emergency settings. Interdisciplinary collaboration is required to inform screening approaches that account for complexities that EM cases present. [West J Emerg Med. 2013;14(4:309–315.

INTERACTION OF EUROPEAN AND RUSSIAN LEGAL CONSCIOUSNESS

Directory of Open Access Journals (Sweden)

A. Tyrtyshny

2015-01-01

Full Text Available This article provides an overview of certain ideologemes of Western (European and Russian legal consciousness – prominent works of Ivan Ilyin and Duncan Kennedy are taken as examples. The article analyzes the tabula rasa principle and its place in legal consciousness. We use legal scholarship, judicial practice and opinion polls to examine the relationship between legal consciousness and the lack of trust in Russian courts, as well as their inefficiency from the point of view of public opinion. There are a number of shocking cases of torture of innocent people by the Russian police. Why is this so? The answer lies in the legal consciousness of police officers and of judges. This is something that has been inherited from the Soviet period. It is completely different from the Western legal consciousness, one of the key features of which is denial of authority. The critical legal studies branch of American legal realism almost denies the very existence of law, and, perhaps for this reason, American culture is less open to abuses like torture. At the same time, there is no possibility to shift legal consciousness immediately, the tabula rasa principle does not work. The final objective of the article is to provide a perspective on the reform of higher legal education and its relation to legal consciousness and legal anthropology. We propose that a greater part of the university curriculum is devoted to legal anthropology.

Conceptualizing Programme Evaluation

Science.gov (United States)

Hassan, Salochana

2013-01-01

The main thrust of this paper deals with the conceptualization of theory-driven evaluation pertaining to a tutor training programme. Conceptualization of evaluation, in this case, is an integration between a conceptualization model as well as a theoretical framework in the form of activity theory. Existing examples of frameworks of programme…

Changing Attitudes, Changing Behaviors. Conceptual Change as a Model for Teaching Freedom of Religion or Belief

Science.gov (United States)

Rea-Ramirez, Mary Anne; Ramirez, Tina M.

2017-01-01

Purpose: The purpose is to demonstrate that conceptual change theory and strategies can be applied to areas of the social science, such as human rights education on FORB. Design/methodology/approach: The theoretical scope of this paper is conceptual change theory and is intended to introduce the theory and practice of conceptual change in teaching…

Conceptual strategies and inter-theory relations: The case of nanoscale cracks

Science.gov (United States)

Bursten, Julia R.

2018-05-01

This paper introduces a new account of inter-theory relations in physics, which I call the conceptual strategies account. Using the example of a multiscale computer simulation model of nanoscale crack propagation in silicon, I illustrate this account and contrast it with existing reductive, emergent, and handshaking approaches. The conceptual strategies account develops the notion that relations among physical theories, and among their models, are constrained but not dictated by limitations from physics, mathematics, and computation, and that conceptual reasoning within those limits is required both to generate and to understand the relations between theories. Conceptual strategies result in a variety of types of relations between theories and models. These relations are themselves epistemic objects, like theories and models, and as such are an under-recognized part of the epistemic landscape of science.

Conceptualizing the metaphors of drug abusers

Directory of Open Access Journals (Sweden)

Gyuró Monika

2016-06-01

Full Text Available The intention of this article is to demonstrate, within the framework of cognitive linguistics (Lakoff and Johnson, 1980a, how slang words associated with substance abuse are conceptualized via metaphors. This study analyses recreational drug slang terms found in the Drug Slang Dictionary in order to reveal categories of metaphors involved in drug users’ language. The results of the data analysis effectively reveal that, within a thematic approach, classes of metaphor are coded to enable connections between metaphorical concepts and drug addicts’ physiological experiences in order to present their personal meanings and cognitive processes. The study also involves drug addicts’ narratives to identify conceptual metaphors in their experiences. Notably, it is argued within this research that figurative language use is also connected to the cultural background of users to a great extent.

Conceptualizing Terrorist Violence and Suicide Bombing

Directory of Open Access Journals (Sweden)

Murad Ismayilov

2010-01-01

Full Text Available This article presents an analysis of different approaches to terrorist violence, with a particular focus on suicide terrorism, using the above mentioned levels of analysis as a conceptual framework to organize this study. In doing so, the article focuses primarily on four selected studies: Khashan's theory of collective Palestinian frustration operating at individual and structural levels; Pape's strategic theory of suicide terrorism, Devji's notion of global jihad, and Hammes' conceptualization of suicide terrorism as one of the strategies of Fourth Generation Warfare, all studied at a strategic level. Drawing on these analyses, as well as on Tilly, this article attempts to address the question of whether suicide terrorism represents a "coherent phenomenon," and whether there is, or may be, a generalized pattern which could account for all possible causes of martyrdom operations.

Marketing legal services on the Internet

OpenAIRE

Alicja Mikołajczyk

2014-01-01

This article describes accessible means of marketing legal services under restrictive regulations in the Polish market. As attorneys-at-law and legal advisers face significant legal and ethical limitations in their market communication, they are forced to seek alternative tools of promoting their services and reaching potential clients. Electronic media turned out to be an effective and convenient channel in marketing legal services, often prevailing offline marketing communication. The artic...

The research of domestic and foreign normative and legal regulation of risk accounting

OpenAIRE

Tetyana Korolyuk

2015-01-01

The basic approaches to normative and legal regulation of risk accounting in Ukraine and abroad are investigated in the article. While studying the national legal framework it is established that the definition of the notion «risk» is only available in the Tax Code of Ukraine, where the risk is associated with the probability of non-payment of taxes by taxpayers. Domestic accounting regulations (standards) are studied, but interpretation of the notion «risk» is not detected. The presence of i...

[Legal and sanitary aspects conditioning access to medicines in Brazilian courts].

Science.gov (United States)

Pandolfo, Mércia; Delduque, Maria Célia; Amaral, Rita Goreti

2012-01-01

The search for having access to health care and medicines right granted through Judicial Courts has increased in Brazil. What has been nominated "health judicialization" is a multidimensional phenomenon, a need for dealing with it in a multidisciplinary way involving legal-judicial, political-institutional and sanitary approaches has raised. The Health is recognized as a fundamental human right in the Brazilian Constitution giving it a different legal protection under the legal-constitutional order and the country guarantees the right to health are not only the Constitution and the law strictly, but mainly in an normative infralegal arc that define the goals and outcomes to be achieved by public policy. The lawsuits by drugs may be a reflection of the difficulty of access to health services, to empty and downgrading of health care. Therefore, this turns out to affect the judicialization of pharmaceutical care in Brazil.

Extracting conceptual models from user stories with Visual Narrator

NARCIS (Netherlands)

Lucassen, Garm; Robeer, Marcel; Dalpiaz, Fabiano; van der Werf, Jan Martijn E. M.; Brinkkemper, Sjaak

2017-01-01

Extracting conceptual models from natural language requirements can help identify dependencies, redundancies, and conflicts between requirements via a holistic and easy-to-understand view that is generated from lengthy textual specifications. Unfortunately, existing approaches never gained traction

Enhancing Social Responsibility within Global Supply Chains: Is Legal Regulation the Optimal Solution?

Directory of Open Access Journals (Sweden)

Katerina Peterková

2011-03-01

Full Text Available This paper was presented at the first meeting of the NSU study group “Conceptions of ethical and social values in post-secular society: Towards a new ethical imagination in a cosmopolitan world society”, held on January 28-30, 2011 at Copenhagen Business School. First, this paper examines the voluntary (ethical v. mandatory (legal basis of corporate social responsibility (CSR. Second, it examines the relationship between CSR, law and business ethics. Third, it tries to answer the question if there is a need for a hard[2] legal regulation of CSR within international supply relationships or if ethical norms, e.g. expressed in the form of self-regulation, may better serve the purpose. And finally, it suggests possible ways for the future development of suitable regulatory methods for enhancing social standards within international supply chains. The questions are approached solely from the perspectives of legal theory and socio-legal analysis.

Abortion legalized: challenges ahead.

Science.gov (United States)

Singh, M; Jha, R

2007-01-01

To see whether advocacy for abortion law and comprehensive abortion care (CAC) sites after legalization of abortion in Nepal is adequate among educated people (above school leaving certificate). 150 participants were assigned randomly who agreed to be in the survey and were given structured questionnaires to find out their perception of abortion and CAC sites. Majority know abortion is legalized and majority have positive attitude about legalization of abortion, however majority are not aware of abortion service in CAC sites and none knew the cost of abortion service. Proper and adequate advocacy of the new abortion law and CAC service is essential.

UN legal advisers meet

International Nuclear Information System (INIS)

1969-01-01

Legal Advisers from twelve international organizations belonging to the United Nations Organization's family met at the Agency's Headquarters in Vienna on 19 and 20 May to discuss legal problems of common administrative interest. The meeting was held on the initiative of the Agency while the UN Conference on the Law of Treaties was taking place in Vienna during April and May. With Mr. Constantin A. Stavropoulos, Under-Secretary, Legal Counsel of the United Nations, as chairman, this was the second meeting of Legal Advisers since 1954. The following organizations were represented: Food and Agriculture Organization of the United Nations, International Atomic Energy Agency, International Bank for Reconstruction and Development, International Civil Aviation Organization, International Labour Organisation, Inter-Governmental Maritime Consultative Organization, International Monetary Fund, International Telecommunication Union, United Nations, United Nations Educational, Scientific and Cultural Organization, United Nations Industrial Development Organization, World Health Organization. Topics discussed included the recruitment of legal staff and possible exchange of staff between organizations; competence and procedure of internal appeals committees, experience with cases before the Administrative Tribunals and evaluation of their judgments; experience with Staff Credit Unions; privileges and immunities of international organizations; headquarters and host government agreements; and patent policies of international organizations. Consultations will continue through correspondence and further meetings. (author)

Comment: Legal Liability as Climate Change Policy

OpenAIRE

Hilary Sigman

2007-01-01

Several U.S. states have attempted to use of legal liability imposed on greenhouse gas emitters as a public policy instrument for climate change. This brief comment considers the desirability of this approach, focusing on three possible roles for climate change liability: as a source of compensation, as a direct influence on greenhouse gas concentrations, and as a means to facilitate the adoption of ex ante public policies to control greenhouse gases. The strongest argument for liability may ...

Off to the Courts? Or the Agency? Public Attitudes on Bureaucratic and Legal Approaches to Policy Enforcement

Directory of Open Access Journals (Sweden)

Quinn Mulroy

2018-04-01

Full Text Available A key curiosity in the operation of the American regulatory state lies with its hybrid structure, defined by centralized, bureaucratic approaches but also more decentralized actions such as lawsuits brought by private citizens in the courts. While current research on these two pathways focuses at the elite level—exploring how and why political actors and institutions opt for legal or administrative strategies for implementing different public policies—there is little research that examines public attitudes toward how policy is enforced in the U.S. Given that the public is a key partner in this process, this paper integrates public attitudes into the discussion, tapping into conceptions of “big government,” privatization, and the tort reform movement. Using original data from a series of vignette-based experiments included in the 2014 Cooperative Congressional Election Survey, we examine public preferences about how policy is regulated—by private citizens in the courts or by government officials in agencies—across a broad number of policy areas. We offer one of the first studies that adjudicates the boundaries of public attitudes on litigation and bureaucratic regulation in the U.S., offering implications for how elites might approach the design of policy implementation for different issue areas.

Abortion Legalization and Adolescent Substance Use

OpenAIRE

Charles, Kerwin Kofi; Stephens, Melvin, Jr

2006-01-01

We assess whether in utero exposure to legalized abortion in the early 1970's affected individuals' propensities to use controlled substances as adolescents. We exploit the fact that some states legalized abortion before national legalization in 1973 to compare differences in substance use for adolescents across birth cohorts in different states. We find that persons exposed to early legalization were, on average, much less likely to use controlled substances. We also assess how substance use...

A conceptual framework for economic optimization of an animal health surveillance portfolio.

Science.gov (United States)

Guo, X; Claassen, G D H; Oude Lansink, A G J M; Saatkamp, H W

2016-04-01

Decision making on hazard surveillance in livestock product chains is a multi-hazard, multi-stakeholder, and multi-criteria process that includes a variety of decision alternatives. The multi-hazard aspect means that the allocation of the scarce resource for surveillance should be optimized from the point of view of a surveillance portfolio (SP) rather than a single hazard. In this paper, we present a novel conceptual approach for economic optimization of a SP to address the resource allocation problem for a surveillance organization from a theoretical perspective. This approach uses multi-criteria techniques to evaluate the performances of different settings of a SP, taking cost-benefit aspects of surveillance and stakeholders' preferences into account. The credibility of the approach has also been checked for conceptual validity, data needs and operational validity; the application potentials of the approach are also discussed.

LEGAL CULTURES AND MEDIATION. INTERACTIONS AND EVOLUTIONS

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. BUTCULESCU

2014-05-01

Full Text Available Mediation, as an alternative dispute resolution method, is closely connected with the system of legal cultures. Mediation is an important link between legal culture and the judicial system. Mediation also acts as an interface between internal legal culture and external legal culture. This paper addresses the issues regarding the links and interactions between mediation and legal cultures, as well as the effects that arise from these interactions.

Mass discharge estimation from contaminated sites: Multi-model solutions for assessment of conceptual uncertainty

Science.gov (United States)

Thomsen, N. I.; Troldborg, M.; McKnight, U. S.; Binning, P. J.; Bjerg, P. L.

2012-04-01

Mass discharge estimates are increasingly being used in the management of contaminated sites. Such estimates have proven useful for supporting decisions related to the prioritization of contaminated sites in a groundwater catchment. Potential management options can be categorised as follows: (1) leave as is, (2) clean up, or (3) further investigation needed. However, mass discharge estimates are often very uncertain, which may hamper the management decisions. If option 1 is incorrectly chosen soil and water quality will decrease, threatening or destroying drinking water resources. The risk of choosing option 2 is to spend money on remediating a site that does not pose a problem. Choosing option 3 will often be safest, but may not be the optimal economic solution. Quantification of the uncertainty in mass discharge estimates can therefore greatly improve the foundation for selecting the appropriate management option. The uncertainty of mass discharge estimates depends greatly on the extent of the site characterization. A good approach for uncertainty estimation will be flexible with respect to the investigation level, and account for both parameter and conceptual model uncertainty. We propose a method for quantifying the uncertainty of dynamic mass discharge estimates from contaminant point sources on the local scale. The method considers both parameter and conceptual uncertainty through a multi-model approach. The multi-model approach evaluates multiple conceptual models for the same site. The different conceptual models consider different source characterizations and hydrogeological descriptions. The idea is to include a set of essentially different conceptual models where each model is believed to be realistic representation of the given site, based on the current level of information. Parameter uncertainty is quantified using Monte Carlo simulations. For each conceptual model we calculate a transient mass discharge estimate with uncertainty bounds resulting from

Assessing species saturation: conceptual and methodological challenges.

Science.gov (United States)

Olivares, Ingrid; Karger, Dirk N; Kessler, Michael

2018-05-07

Is there a maximum number of species that can coexist? Intuitively, we assume an upper limit to the number of species in a given assemblage, or that a lineage can produce, but defining and testing this limit has proven problematic. Herein, we first outline seven general challenges of studies on species saturation, most of which are independent of the actual method used to assess saturation. Among these are the challenge of defining saturation conceptually and operationally, the importance of setting an appropriate referential system, and the need to discriminate among patterns, processes and mechanisms. Second, we list and discuss the methodological approaches that have been used to study species saturation. These approaches vary in time and spatial scales, and in the variables and assumptions needed to assess saturation. We argue that assessing species saturation is possible, but that many studies conducted to date have conceptual and methodological flaws that prevent us from currently attaining a good idea of the occurrence of species saturation. © 2018 Cambridge Philosophical Society.

Commission on Legal Matters

CERN Multimedia

Staff Association

2016-01-01

What is a commission within the Staff Association (SA)? A commission is a working group of the CERN Staff Council, led by a staff representative. The commission is composed mainly of staff representatives, but interested members of the SA can apply to participate in the work of a commission. What is the commission on legal matters? The commission on legal matters works on texts governing the employment conditions of staff (Employed Members of Personnel and Associated Members of Personnel). This covers legal documents such as the Staff Rules and Regulations, administrative and operational circulars, as well as any other document relating to employment conditions. How is the work organised in this commission? The revision process of the text is generally done along following lines: The HR department, and its legal experts, proposes new texts or modifications to existing texts. A schedule for the study of these texts is established each year and this calendar by the commission to plan its work. The new or modi...

Psycho-social processes in dealing with legal innovation in the community: insights from biodiversity conservation.

Science.gov (United States)

Castro, Paula; Mouro, Carla

2011-06-01

Mitigation measures for tackling the consequences of a changing climate will involve efforts of various types including the conservation of affected ecosystems. For this, communities throughout the world will be called on to change habits of land and water use. Many of these changes will emerge from the multilevel governance tools now commonly used for environmental protection. In this article, some tenets of a social psychology of legal innovation are proposed for approaching the psycho-social processes involved in how individuals, groups and communities respond to multilevel governance. Next, how this approach can improve our understanding of community-based conservation driven by legal innovation is highlighted. For this, the macro and micro level processes involved in the implementation of the European Natura 2000 Network of Protected Sites are examined. Finally, some insights gained from this example of multilevel governance through legal innovation will be enumerated as a contribution for future policy making aimed at dealing with climate change consequences.

Legal positions of the Constitutional Court of Ukraine: main signs and definition

Directory of Open Access Journals (Sweden)

Romana Reva

2016-04-01

the Constitutional Court of Ukraine, the legal positions have a feature of the relative finality. Basing on the research results, by the author there is offered the following definition. The legal positions of the Constitutional Court of Ukraine are legal conclusions of the Court due to the interpretation of the Constitution of Ukraine and/ or provisions of laws and other regulations within its competence, which remove the constitutional and legal uncertainty, which have general character, particular legal force and which is the legal basis for a final decision, set in the Court act. The author concludes that the most reasonable approach is to formulate the definition of the legal positions of the Constitutional Court of Ukraine on the basis of objective main features of this phenomenon. Its further separate detailed study requires the issue of validity of the legal positions of the Constitutional Court of Ukraine.

Microtheories for Spatial Data Infrastructures - Accounting for Diversity of Local Conceptualizations at a Global Level

Science.gov (United States)

Duce, Stephanie; Janowicz, Krzysztof

The categorization of our environment into feature types is an essential prerequisite for cartography, geographic information retrieval, routing applications, spatial decision support systems, and data sharing in general. However, there is no a priori conceptualization of the world and the creation of features and types is an act of cognition. Humans conceptualize their environment based on multiple criteria such as their cultural background, knowledge, motivation, and particularly by space and time. Sharing and making these conceptualizations explicit in a formal, unambiguous way is at the core of semantic interoperability. One way to cope with semantic heterogeneities is by standardization, i.e., by agreeing on a shared conceptualization. This bears the danger of losing local diversity. In contrast, this work proposes the use of microtheories for Spatial Data Infrastructures, such as INSPIRE, to account for the diversity of local conceptualizations while maintaining their semantic interoperability at a global level. We introduce a novel methodology to structure ontologies by spatial and temporal aspects, in our case administrative boundaries, which reflect variations in feature conceptualization. A local, bottom-up approach, based on non-standard inference, is used to compute global feature definitions which are neither too broad nor too specific. Using different conceptualizations of rivers and other geographic feature types, we demonstrate how the present approach can improve the INSPIRE data model and ease its adoption by European member states.

The Multiplication Effect of Legal Insurance

NARCIS (Netherlands)

J.P.B. De Mot (Jef); B. Depoorter (Ben); M.G. Faure (Michael)

2016-01-01

textabstractBecause legal insurance policies cover the expenses of plaintiffs in bringing legal claims, such policies increase the risk of negligent or careless acts by tortfeasors. For this reason, potential tortfeasors would prefer to avoid injuring holders of legal insurance policies. Since

A Study of Novice Science Teachers' Conceptualizations of Culturally Relevant Pedagogy

Science.gov (United States)

Redman, Elizabeth Horst

This qualitative study examined new science teachers' conceptualization of culturally relevant pedagogy (CRP). The study followed six novice science teachers from their preservice teaching placements into their first jobs as instructors of record, observing in their classrooms and interviewing them about their use of CRP. The study sought to understand (1) how the participating teachers conceptualize CRP in science, and (2) what challenges the teachers faced in trying to implement CRP. Findings suggest that the teachers conceptualized CRP in ways that were consistent with Enyedy, Danish and Fields' (2011) interpretations of relevance: relevance of authentic purpose, relevance of content and/or context, and relevance of practices. The teachers, however, translated those interpretations of relevance into their conceptualizations and classroom practice in a variety of ways. While they encountered difficulties in conceptualizing and practicing CRP, they also made productive moves in their practice and evidenced positive elements in their conceptualizations of CRP. In order to address the challenges these teachers faced in implementing CRP, I suggest an approach to teacher preparation in CRP that builds upon the understandings and productive moves the teachers evidenced in this study.

Investigating correlation between legal and physical property: possibilities and constraints

Science.gov (United States)

Dimopoulou, E.; Kitsakis, D.; Tsiliakou, E.

2015-06-01

Contemporary urban environment is characterized by complexity and mixed use of space, in which overlapping land parcels and different RRRs (Rights, Restrictions and Responsibilities) are frequent phenomena. Internationally, real property legislation either focuses on surface property or has introduced individual 3D real property units. The former approach merely accommodates issues related to subdivision, expropriation and transactions on part of the real property above or below surface, while the latter provides for defining and registering 3D real property units. National laws require two-dimensional real property descriptions and only a limited number of jurisdictions provide for threedimensional data presentation and recording. International awareness on 3D Cadastre may be apparent through the proposals for transition of existing cadastral systems to 3D along with legal amendments improving national 3D Cadastre legislation. Concurrently the use of appropriate data sources and the correct depiction of 3D property units' boundaries and spatial relationships need to be addressed. Spatial relations and constraints amongst real world objects could be modeled geometrically and topologically utilizing numerous modeling tools, e.g. CityGML, BIM and further sophisticated 3D software or by adapting international standards, e.g. LADM. A direct correlation between legal and physical property should be based on consistent geometry between physical and legal space, improving the accuracy that legal spaces' volumes or locations are defined. To address these issues, this paper investigates correlation possibilities and constraints between legal and physical space of typical 3D property cases. These cases comprise buildings or their interior spaces with mixed use, as well as complex structures described by explicit facade patterns, generated by procedural or by BIM ready 3D models. The 3D models presented are evaluated, regarding compliancy to physical or legal reality.

Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand.

Science.gov (United States)

Rychert, Marta; Wilkins, Chris; Witten, Karen

2017-09-01

New Zealand's Psychoactive Substances Act (2013) established the world's first regulated market for 'low risk' psychoactive products ('legal highs'). Under an interim PSA regime, 47 existing products were permitted to be continued to be sold. To explore issues with the implementation of regulatory systems to monitor the safety of products on the legal market under the interim Psychoactive Substances Act regime. Semi-structured interviews with 30 key stakeholders, including industry, government agency, health and drug service professionals were conducted, transcribed and analysed thematically. In retrospect stakeholders questioned the decision to approve strong synthetic cannabinoid smoking products, noting their health risks because of product formulation, inconsistent manufacturing practices and smoking as the means of administration. Industry actors claimed the decision to approve synthetic cannabinoid smokeable products prevented potentially safer products from gaining market share. The system for withdrawing approved products which were subsequently found to be harmful was criticised for the poor quality of data available, limited engagement with health professionals and the slowness of product withdrawal. Many of the problems with the regime were attributed to the urgency under which the legal market under the interim Psychoactive Substances Act was established and implemented. The selection of 'safer' products, implementation of the product monitoring system, and engagement with health professionals may have benefited from more time and resources. An incremental approach to establishing the new market may have made the regulatory management of the new regime more workable. [Rychert M, Wilkins C, Witten K. Issues with monitoring the safety of psychoactive products under a legal regulated market for new psychoactive substances ('legal highs') in New Zealand. Drug Alcohol Rev 2017;00:000-000]. © 2017 Australasian Professional Society on Alcohol and other Drugs.

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-01-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks. PMID:28502999

Legal Origin and Social Solidarity: The Continued Relevance of Durkheim to Comparative Institutional Analysis.

Science.gov (United States)

Johnson, Phil; Brookes, Michael; Wood, Geoffrey; Brewster, Chris

2017-06-01

By using the classic works of Durkheim as a theoretical platform, this research explores the relationship between legal systems and social solidarity. We found that certain types of civil law system, most notably those of Scandinavia, are associated with higher levels of social capital and better welfare state provision. However, we found the relationship between legal system and societal outcomes is considerably more complex than suggested by currently fashionable economistic legal origin approaches, and more in line with the later writings of Durkheim, and, indeed, the literature on comparative capitalisms. Relative communitarianism was strongly affected by relative development, reflecting the complex relationship between institutions, state capabilities and informal social ties and networks.

Antiprogestin drugs: ethical, legal and medical issues.

Science.gov (United States)

Cook, R J; Grimes, D A

1992-01-01

RU 486 allows women the choice of a medical rather than a surgical abortion, and, for most women, the choice is one of procedure, not of whether to have an abortion. Issues surrounding RU 486 were explored in an American Society of Law and Medicine conference in December 1991 entitled "Antiprogestin Drugs: Ethical, Legal and Medical Issues." An introduction to 14 conference papers provides an overview of the proceedings. Baulieu, the father of RU 486, described updated developments in its use and the medically supervised method of abortion. Bygdeman and Swahn presented their work in Sweden on combining RU 486 with a prostaglandin to make abortion more effective. They suggested that the drug may be an attractive postovulation contraceptive. Greenslad et al. discussed service delivery aspects of the use of RU 486. Holt considered the implications of use of the drug in low-resource settings. A survey of obstetricians and gynecologists, presented by Heilig, indicates that 22% more physicians would perform a medical abortion. Patient perspectives were addressed by David, who stated that measuring acceptability of an abortion technique is difficult; women have historically used whatever method is available. A collaborative research project in India and Cuba on why women chose certain methods was reported by Winikoff et al. (90% of women would choose medical abortion if faced with the choice again). Berer analyzed French data on women's perspectives on medical vs. surgical abortion. The question of adolescent use of the drug was considered by Senderowitz, who lamented the lack of data on the subject and described what is known about adolescent pregnancy. Macklin proposed a framework for ethical analysis and used facts to address ethical questions. Weinstein provided another ethical framework, to analyze whether pharmacists have a right to refuse to provide abortifacient drugs. Buc approached the subject from a legal point of view and concluded that, whereas legal problems

Can legal research benefit from evaluation studies?

Directory of Open Access Journals (Sweden)

Frans L. Leeuw

2011-01-01

Full Text Available The article describes what evaluation studies have to offer to legal research. Several cases and types of evaluations are presented, in relation to legal or semi-legal questions. Also, a short overview of the contemporary history of evaluation studies is presented. Finally, it will address the question of how to ensure that in legal research and in legal training attention is paid to theories, designs and methods of evaluation studies.

45 CFR 400.115 - Establishing legal responsibility.

Science.gov (United States)

2010-10-01

... 45 Public Welfare 2 2010-10-01 2010-10-01 false Establishing legal responsibility. 400.115 Section... Child Welfare Services § 400.115 Establishing legal responsibility. (a) A State must ensure that legal responsibility is established, including legal custody and/or guardianship, as appropriate, in accordance with...

Prospects for Reforming the Organizational and Legal Mechanism for Ensuring Human and Civil Rights and Freedoms

Directory of Open Access Journals (Sweden)

Myroslav Kovaliv

2017-10-01

Full Text Available The purpose of the article is analyzing the prospect of reforming the organizational and legal mechanism for ensuring the rights and freedoms of individuals and citizens of Ukraine from the systemic approach. Based on the methodology of system analysis, the prospects of reforming the organizational and legal mechanism for ensuring the rights and freedoms of men and citizens of Ukraine in the context of association with the European Union are considered. The key factors that influence the effectiveness of the submitted organizational and legal mechanism are analyzed. The measures aimed at the improvement of normative-legal regulation, which shall promote the maintenance of constitutional rights and freedoms in the conditions of reforming all spheres of society's life, are presented.

CONSIDERATIONS REGARDING THE EFFECTS OF LEGAL COMMUNICATION

Directory of Open Access Journals (Sweden)

Claudiu Ramon D. Butculescu

2015-11-01

Full Text Available This article addresses some aspects of legal communication or legal effects of communication. As such, legal communication can have positive and negative effects. Both effects are briefly analyzed, and for the negative effects of legal communication we have also presented proposals to reduce the negative effects of law communication. Thus, the article presents the positive effects of right communication in various branches of law such as civil, constitutional law or tax law. On the other hand, the negative effects of communication leading to the deterioration of the legal message, so that much of the legal message becomes legal noise. Another negative effect of miscommunication of law is the phenomenon of legislative inflation, which has a profound impact on the way in which legal rules are understood and respected by community members. All these negative effects produce serious consequencesin civil law, company law, tax law, and in many other areas of law.

Towards enhanced public access to legal information : A proposal for official networked one-stop legal information websites

NARCIS (Netherlands)

Mitee, Leesi Ebenezer

2018-01-01

Abstract: This article identifies the publishing of fragments of legal information on multiple, isolated official legal information websites (OLIWs) as the major factor underlying the existing problems in locating the available official online legal information of all levels of government (national,

Solidarity in contemporary bioethics--towards a new approach.

Science.gov (United States)

Prainsack, Barbara; Buyx, Alena

2012-09-01

This paper, which is based on an extensive analysis of the literature, gives a brief overview of the main ways in which solidarity has been employed in bioethical writings in the last two decades. As the vagueness of the term has been one of the main targets of critique, we propose a new approach to defining solidarity, identifying it primarily as a practice enacted at the interpersonal, communal, and contractual/legal levels. Our three-tier model of solidarity can also help to explain the way in which crises of solidarity can occur, notably when formal solidaristic arrangements continue to exist despite 'lower tiers' of solidarity practices at inter-personal and communal levels having 'broken away'. We hope that this contribution to the growing debate on the potential for the value of solidarity to help tackle issues in bioethics and beyond, will stimulate further discussion involving both conceptual and empirically informed perspectives. © 2012 Blackwell Publishing Ltd.

Integrating conceptualizations of experience into the interaction design process

DEFF Research Database (Denmark)

Dalsgaard, Peter

2010-01-01

From a design perspective, the increasing awareness of experiential aspects of interactive systems prompts the question of how conceptualizations of experience can inform and potentially be integrated into the interaction design process. This paper presents one approach to integrating theoretical...

A Conceptual Derivation of Einstein's Postulates of Special Relativity.

Science.gov (United States)

Bearden, Thomas E.

This document presents a discussion and conceptual derivation of Einstein's postulates of special relativity. The perceptron approach appears to be a fundamentally new manner of regarding physical phenomena and it is hoped that physicists will interest themselves in the concept. (Author)

Dynamic capabilities and innovation management: a conceptual approach

Directory of Open Access Journals (Sweden)

Jose Javier Aguilar Zambrano

2006-07-01

Full Text Available Organizational capabilities are those behavioral routines oriented to develop a specific task (NELSON; WINTER, 1982. These capabilities define what the company knows to do and how must to do it. Nevertheless, the repetitive character of these capabilities could be producing stopped processes (METCALFE, 1995 which both limit the generation of new capabilities and diminishing the dynamism in the production, reproduction and reconfiguration of new capabilities (TEECE; PISANO, 1997. This article compares and analyzes different theoretical-conceptual perspectives for generation and reconfiguration of technological capabilities within an organization. Additionally this article suggests that dynamic capabilities to make feasible innovation processes within an organization. The general concept of dynamic capacities will be used like driver of changes to produce and reconfigurate capabilities in the organization. The glance of the dynamic capabilities allows understanding the complexity of the creation, development and use of capabilities. This understanding could constitute material fundamental to manage learning processes and organizational change oriented to innovation.

Should Drugs Be Legalized?

Science.gov (United States)

Chambliss, William; Scorza, Thomas

1989-01-01

Presents two opposing viewpoints concerning the legalization of drugs. States that control efforts are not cost effective and suggests that legalization with efforts at education is a better course of action (W. Chambliss). The opposing argument contends that the cost in human suffering negates any savings in dollars gained through legalization…

Legal Coordinator | IDRC - International Development Research ...

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

Develops systems and procedures for administering and tracking legal undertakings, coordinates and consolidates the legal information in order to meet deadlines. • Collaborates with the Secretary and General Counsel to ensure that all legal issues are handled efficiently, while respecting the highly confidential nature of ...

Legal Order Founded on Human Wisdom

Directory of Open Access Journals (Sweden)

Elena IFTIME

2015-07-01

Full Text Available In the present work I approach a topic of great complexity, always anchored in social actuality because it addresses to an extremely sensitive area in which law is intertwined with the human wisdom. I start from the reality that human spiritual balance as an obvious sign of human wisdom can be maintained in a secured social balance of the social order, as a manifestation of this virtue at a community level. I insist on the interferences between universal and social order in which is enrolled as an individual component the legal order. The specificity of this latter form of the inter-human relations is ensured by the peculiar physiognomy of law rules. There are rules of human behaviour which although present some own features to other social norms (generality, impersonality, typicality, these stand out by their obligation which allows, when necessary, to be done using coercive state power. Both creation and especially interpretation and application of the law rules, involves the legislature wisdom, to impose people legal orders which to order and discipline their relations with the environment in which they live and other members of human community so as to make possible a social balance and harmonious coexistence of humans. Legal order gives concreteness and expression to some fundamental valences of law: justice, equity and righteousness. Therefore, in the vast majority of live situations, especially in cases in which norms of law express “the will of the many”, they convince through their correctness and validity, harmonizing with the interests and aspirations of those whom are addressed, which exclude the intervention of human coercive force. Here, is a sign of human wisdom. But also as a sign of human wisdom can be considered appropriate and necessary the coercive intervention of the state, when the violation of a right occurred, the social order (also the legal one being more or less disturbed. In these situations, law intervention is

AIRBNB AND UBER: LEGAL PLATFORM BUT ILLEGAL NETWORKED BUSINESS

Directory of Open Access Journals (Sweden)

Saša Zupan Korže

2018-05-01

Full Text Available Airbnb’s and Uber's popularity and scope of their networked business has significantly grown in the last few years. Both companies are engaged in sectors, which are regulated. The purpose of this paper is to discuss the legal issues related to Airbnb networked hospitality business and to Uber's networked transport business, with focus on EU member states solutions and Slovenian approach. The research was carried out from July 2017 to March 2018. We used the method of content analysis of secondary sources, methods of compilation and comparisons, analyses of qualitative data, collected in semi-structures interviews and explanatory case studies. The results show that Airbnb and Uber have become victims of their own success. The hospitality and transport business that participants perform using Airbnb or Uber platform do not comply with sectorial regulation of majority of EU member states. European Commission suggested some guidelines to solve the issues related with networked businesses. Moreover, European Court of Justice pointed out the exact solution on Uber's case. The research opens a debate on legal issues related to new technology-based business models and questions the rationale that stand behind legal solutions.

Interacting Conceptual Spaces

OpenAIRE

Bolt, Josef; Coecke, Bob; Genovese, Fabrizio; Lewis, Martha; Marsden, Daniel; Piedeleu, Robin

2016-01-01

We propose applying the categorical compositional scheme of [6] to conceptual space models of cognition. In order to do this we introduce the category of convex relations as a new setting for categorical compositional semantics, emphasizing the convex structure important to conceptual space applications. We show how conceptual spaces for composite types such as adjectives and verbs can be constructed. We illustrate this new model on detailed examples.

The Analysis of the National Legal and Regulatory Grounds for the Institutional Autonomy of Higher Education Institutions

Directory of Open Access Journals (Sweden)

Andriichenko Zhanna O.

2017-11-01

Full Text Available The article identifies and systematizes the existing legal obstacles to the autonomy of higher education institution and develops recommendations to overcome them. The approaches to establishing the legal status of institutions of higher education in the current legislation of Ukraine are characterized. The impact of the legal status of higher education institution on its legal personality and the institutional autonomy has been determined. Views of scholars together with foreign experience of property titles in the imposition of property on higher education institution, were analyzed. Directions for the development of legal regulation of the system of public law legal entities in Ukraine have been defined. In order to ensure the development of the model of public administration in the sphere of higher education, it has been proposed that most of the higher education institutions should change the legal status of public legal entity – budgetary institution to the status of private legal entity – profitable or non-profitable higher education institution of the public / communal form of ownership, for which the founder would regularize property on the right of ownership. This will eliminate the conservatism, strict regulation on the part of the State, that is linked to the status of publicity, and, in order to develop the autonomy of higher education institution, will allow to take advantage of dispositivity inherent in private law entities in determining their legal personality.

Effect of Conceptual Change Approach on Students' Understanding of Reaction Rate Concepts

Science.gov (United States)

Kingir, Sevgi; Geban, Omer

2012-01-01

The purpose of the present study was to investigate the effect of conceptual change text oriented instruction compared to traditional instruction on 10th grade students' understanding of reaction rate concepts. 45 students from two classes of the same teacher in a public high school participated in this study. Students in the experimental group…

Examining Approaches to Research on Self-Regulated Learning: Conceptual and Methodological Considerations

Science.gov (United States)

Karabenick, Stuart A.; Zusho, Akane

2015-01-01

We provide a conceptual commentary on the articles in this special issue, first by describing the unique features of each study, focusing on what we consider to be their theoretical and methodological contributions, and then by highlighting significant crosscutting themes and future directions in the study of SRL. Specifically, we define SRL to be…

The Legal Ethical Backbone of Conscientious Refusal

DEFF Research Database (Denmark)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious...... refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural...... identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals’ conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment...

PHYSICAL REHABILITATION OF LOW BACK PAIN BASED ON A CONCEPTUAL SYSTEM APPROACHES

Directory of Open Access Journals (Sweden)

Olena LAZARIEVA

2014-11-01

Full Text Available In Europe, back pain is a common disease, this is according to European statistics. In accordance with the new case, the pain each year occurs in 5% of the population. The aim of this work is to develop a conceptual approaches to the physical rehabilitation process at the surgical treatment of patients with back pain. Materials and methods . There was researched an experience of the domestic and foreign researches in physical rehabilitation area. Methods of the research were the analysis of the references and theoretical research methods (as an analysis, interpretation and synthesis of scientific and educational literature on the study problem. Abstraction (or idealization and schematization is the allocation of the essential foundations. Also we used experimenting with schemes (as a development of their content, sophistication and usability testing at development of concepts, practical models and physical rehabilitation programs. Results. The physical rehabilitation concept at the surgical treatment of patients with back pain was developed, given by the modern science in the diagnostics field, performing difficult complex spinal surgery with the using of new tools and the knowledge from the physical rehabilitation improvement. Conclusion. The using of a systematic methodology for physical rehabilitation in the surgical treatment of patients with vertebral pathology, helps to optimize research, diagnostic, therapeutic, rehabilitative and preventive measures, providing them with the required comprehensiveness, consistency, orderliness.

Efficient Multidisciplinary Analysis Approach for Conceptual Design of Aircraft with Large Shape Change

Science.gov (United States)

Chwalowski, Pawel; Samareh, Jamshid A.; Horta, Lucas G.; Piatak, David J.; McGowan, Anna-Maria R.

2009-01-01

The conceptual and preliminary design processes for aircraft with large shape changes are generally difficult and time-consuming, and the processes are often customized for a specific shape change concept to streamline the vehicle design effort. Accordingly, several existing reports show excellent results of assessing a particular shape change concept or perturbations of a concept. The goal of the current effort was to develop a multidisciplinary analysis tool and process that would enable an aircraft designer to assess several very different morphing concepts early in the design phase and yet obtain second-order performance results so that design decisions can be made with better confidence. The approach uses an efficient parametric model formulation that allows automatic model generation for systems undergoing radical shape changes as a function of aerodynamic parameters, geometry parameters, and shape change parameters. In contrast to other more self-contained approaches, the approach utilizes off-the-shelf analysis modules to reduce development time and to make it accessible to many users. Because the analysis is loosely coupled, discipline modules like a multibody code can be easily swapped for other modules with similar capabilities. One of the advantages of this loosely coupled system is the ability to use the medium- to high-fidelity tools early in the design stages when the information can significantly influence and improve overall vehicle design. Data transfer among the analysis modules are based on an accurate and automated general purpose data transfer tool. In general, setup time for the integrated system presented in this paper is 2-4 days for simple shape change concepts and 1-2 weeks for more mechanically complicated concepts. Some of the key elements briefly described in the paper include parametric model development, aerodynamic database generation, multibody analysis, and the required software modules as well as examples for a telescoping wing

Legal capital: an outdated concept

OpenAIRE

John Armour

2006-01-01

This paper reviews the case for and against mandatory legal capital rules. It is argued that legal capital is no longer an appropriate means of safeguarding creditors' interests. This is most clearly the case as regards mandatory rules. Moreover, it is suggested that even an 'opt in' (or default) legal capital regime is unlikely to be a useful mechanism. However, the advent of regulatory arbitrage in European corporate law will provide a way of gathering information regarding investors' prefe...

A New Look at The Right to Privacy: Case Snowden and legal postmodernity

Directory of Open Access Journals (Sweden)

José Isaac Pilati

2014-12-01

Full Text Available http://dx.doi.org/10.5007/2177-7055.2014v35n69p281 Edward Snowden was responsible for the disclosure of the data collection program developed by the National Security Agency. This sparked a strong debate on new forms of violation of the right to privacy, which demonstrates the need to adapt the law to the reality resulting from technological innovations. In this new technological context, this article is based on the Snowden case to discuss the political and legal issues of privacy. The doctrinal approach to the topic is updated and proposes a theoretical approach to privacy as collective good in the Legal Theory of Postmodernism, a new paradigm.

Conceptual Models in Health Informatics Research: A Literature Review and Suggestions for Development.

Science.gov (United States)

Gray, Kathleen; Sockolow, Paulina

2016-02-24

Contributing to health informatics research means using conceptual models that are integrative and explain the research in terms of the two broad domains of health science and information science. However, it can be hard for novice health informatics researchers to find exemplars and guidelines in working with integrative conceptual models. The aim of this paper is to support the use of integrative conceptual models in research on information and communication technologies in the health sector, and to encourage discussion of these conceptual models in scholarly forums. A two-part method was used to summarize and structure ideas about how to work effectively with conceptual models in health informatics research that included (1) a selective review and summary of the literature of conceptual models; and (2) the construction of a step-by-step approach to developing a conceptual model. The seven-step methodology for developing conceptual models in health informatics research explained in this paper involves (1) acknowledging the limitations of health science and information science conceptual models; (2) giving a rationale for one's choice of integrative conceptual model; (3) explicating a conceptual model verbally and graphically; (4) seeking feedback about the conceptual model from stakeholders in both the health science and information science domains; (5) aligning a conceptual model with an appropriate research plan; (6) adapting a conceptual model in response to new knowledge over time; and (7) disseminating conceptual models in scholarly and scientific forums. Making explicit the conceptual model that underpins a health informatics research project can contribute to increasing the number of well-formed and strongly grounded health informatics research projects. This explication has distinct benefits for researchers in training, research teams, and researchers and practitioners in information, health, and other disciplines.

Conceptual and methodological challenges to integrating SEA and cumulative effects assessment

International Nuclear Information System (INIS)

Gunn, Jill; Noble, Bram F.

2011-01-01

The constraints to assessing and managing cumulative environmental effects in the context of project-based environmental assessment are well documented, and the potential benefits of a more strategic approach to cumulative effects assessment (CEA) are well argued; however, such benefits have yet to be clearly demonstrated in practice. While it is widely assumed that cumulative effects are best addressed in a strategic context, there has been little investigation as to whether CEA and strategic environmental assessment (SEA) are a 'good fit' - conceptually or methodologically. This paper identifies a number of conceptual and methodological challenges to the integration of CEA and SEA. Based on results of interviews with international experts and practitioners, this paper demonstrates that: definitions and conceptualizations of CEA are typically weak in practice; approaches to effects aggregation vary widely; a systems perspective lacks in both SEA and CEA; the multifarious nature of SEA complicates CEA; tiering arrangements between SEA and project-based assessment are limited to non-existing; and the relationship of SEA to regional planning remains unclear.

Legal Regimes of Official Information in Ukraine

Directory of Open Access Journals (Sweden)

Serhii Yesimov

2018-04-01

Full Text Available In the article on the basis of the methodology of system analysis the legal nature and sources of legal regulation of the legal regime of official information in Ukraine in the conditions of adaptation of Ukrainian legislation to the legislation of the European Union are considered. A comparative legal analysis of official information in the public-law and private-law spheres in the context of legal regimes of restricted information, confidential information and information classified as state secrets has been conducted.

Economic and legal consequences of concluded apparent legal on national interests in Montenegro

Directory of Open Access Journals (Sweden)

Vuksanović Draginja

2017-01-01

Full Text Available Concluding contracts on long-term leases of state-owned properties, beaches and bathing grounds should bring about positive economic effects through the payment of lease fees and the construction of tourist complexes, which in turn should be reflected on the development of tourism, and therefore on a better quality of life of citizens. In order to have legal effect, a contract as a legal transaction must be concluded in accordance with positive legal regulations. The respect for the institution of public order is the only condition limiting the fundamental principle of the law of obligations - the freedom of contract (autonomy of will. Through a detailed legal analysis, we want to draw attention to the examples of contracts on long-term leases that are unlawful. It is a particular type of apparent legal transactions (simulated contracts, because in concluding contracts on long-term leases of state-owned property, leases are simulated in public, while the contracts actually contain elements of sales. It is particularly interesting that the lessor in the concluded contracts is a relevant state authority (a ministry, on whose behalf the contract is signed by an authorized representative who had also led the negotiations with foreign investors. The consequences of such contracts negatively influence the economic development, tourism industry, and therefore also the standard of living of citizens.

The Legal Ethical Backbone of Conscientious Refusal.

Science.gov (United States)

Munthe, Christian; Nielsen, Morten Ebbe Juul

2017-01-01

This article analyzes the idea of a legal right to conscientious refusal for healthcare professionals from a basic legal ethical standpoint, using refusal to perform tasks related to legal abortion (in cases of voluntary employment) as a case in point. The idea of a legal right to conscientious refusal is distinguished from ideas regarding moral rights or reasons related to conscientious refusal, and none of the latter are found to support the notion of a legal right. Reasons for allowing some sort of room for conscientious refusal for healthcare professionals based on the importance of cultural identity and the fostering of a critical atmosphere might provide some support, if no countervailing factors apply. One such factor is that a legal right to healthcare professionals' conscientious refusal must comply with basic legal ethical tenets regarding the rule of law and equal treatment, and this requirement is found to create serious problems for those wishing to defend the idea under consideration. We conclude that the notion of a legal right to conscientious refusal for any profession is either fundamentally incompatible with elementary legal ethical requirements, or implausible because it undermines the functioning of a related professional sector (healthcare) or even of society as a whole.

Civil legal responsibility for environmental pollution

Directory of Open Access Journals (Sweden)

Pajtić Bojan L.

2015-01-01

Full Text Available Serbia's EU accession process has actualised the need to harmonise our legislation with the common legal regulations of the European community of nations. The accelerated economic growth produces environmental challenges associated with harmful emissions. This paper gives an account of international declarations, conventions, directives and other state and civil society instruments of legal protection against the environmental damage. A special focus is placed on our positive legislation and enforcement of legal regulations in ensuring the civil legal responsibility, i.e. prevention of the occurrence of damage and indemnification for the damage caused.

LEGAL CONSEQUENCES OF MERGERS AND ACQUISITIONS