L. Godden
Hasil untuk "History of Law"
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J. Habermas, T. Burger, Frederick P. Lawrence
R. Sunyaev, Y. Zel’dovich
Dara Hallinan, Frederik Zuiderveen Borgesius
The GDPR contains an accuracy principle, as most data privacy laws in the world do. In principle, data controllers must ensure that personal data they use are accurate. Some have argued that the accuracy principle does not apply to personal data in the form of opinions about data subjects. We argue, however, from a positive law perspective, that the accuracy principle does apply to opinions. We further argue, from a normative perspective, that the accuracy principle should apply to opinions.
David Falada
The paper contemplates the importance of Leopold Heyrovský’s position as one of the most influential professors at Charles University in the late 1800s. His textbook, as the first Czech-language textbook of Roman law, was first published in a position to be able to set forth the thesaurus of the Czech private-law legal terminology which is still used today. In this context, the paper offers an overview of the preceding position of the Czech language in the legal system.
Elena Borodulina, Artyom Skochin
Introduction. The aim of the work is to determine the significance of the transformation of the educational process in general educational institutions of Tyumen in the post-war period. In the context of the study, the authors study the expansion of the network and the technical condition of general educational institutions, note changes in the staffing of schools, reveal various aspects of the methodological training of teachers, as well as the process of transforming the educational programs of educational institutions. Methods and materials. The basis of the research work was made up of previously unpublished archival records and statistical materials, regulations that were published as part of collections of documents during the period under study, as well as information from periodicals of the post-war years. In addition, over the past decade, a significant number of regional studies have appeared in historiography concerning the problem of school education in the period under study. Analysis. Soviet education in 1945–1953 was experiencing a serious crisis. School buildings in need of repair, lack of a sufficient number of classrooms and teaching staff, difficult financial and living conditions of general education institutions, difficulties in implementing the law on universal education, increasing requirements for the general education training of students and the teaching activities of teachers – these are not all the problems that Soviet education faced in the post-war period. Results. The researchers come to the conclusion that the post-war years became an important time for the transformation of the educational process in the schools of Tyumen, causing its transition to peacetime. During the study period, the network of educational institutions in the city was expanding, and the number of students was also growing. At the same time, a number of problems remained unresolved, which concerned the low technical condition of educational institutions and multi-shift classes. In the mid-1940s and early 1950s, in the schools of the city, there was an increase in the number, experience, and level of education of teaching staff. Author’s contribution. The search, systematization, and analysis of archival documents, regulations, periodicals, as well as research literature on the topic of research work, followed by composing the main part of the article, was carried out by Candidate of Sciences (History), Associate Professor of the Department of History of Tyumen State University, E.V. Borodulina. Posing general conclusions and checking references was carried out by A.V. Skochin. Funding. The study was carried out with the financial support of the Russian Foundation for Basic Research within the framework of the scientific project No. 20-49-720018.
Jnaneshwar Baslingker, Riddhipratim Basu, Sudeshna Bhattacharjee et al.
It is well-known that the largest eigenvalue of an $n\times n$ GUE matrix and the length of a longest increasing subsequence in a uniform random permutation of length $n$, both converge weakly to the GUE Tracy-Widom distribution as $n\to \infty$. We consider the sequences of the largest eigenvalues of the $n\times n$ principal minor of an infinite GUE matrix, and the the lengths of longest increasing subsequences of a growing sequence of random permutations (which, by the RSK bijection corresponds to the top row of the Young diagrams growing according to the Plancherel growth process), and establish laws of fractional logarithms for these. That is, we show that, under a further scaling of $(\log n)^{2/3}$ and $(\log n)^{1/3}$, the $\limsup$ and $\liminf$ respectively of these scaled quantities converge almost surely to explicit non-zero and finite constants. Our results provide complete solutions to two questions raised by Kalai in 2013. We affirm a conjecture of Paquette and Zeitouni (Ann. Probab., 2017), and give a new proof of $\limsup$, due to Paquette and Zeitouni (Ann. Probab., 2017), who provided a partial solution in the case of GUE minor process.
Jerzy S Respondek
The author was encouraged to write this review by numerous enquiries from researchers all over the world, who needed a ready-to-use algorithm for the inversion of confluent Vandermonde matrices which works in quadratic time for any values of the parameters allowed by the definition, including the case of large root multiplicities of the characteristic polynomial. Article gives the history of the title special matrix since 1891 and surveys algorithms for solving linear systems with the title class matrix and inverting it. In particular, it presents, also by example, a numerical algorithm which does not use symbolic computations and is ready to be implemented in a general-purpose programming language or in a specific mathematical package.
Szymon Lenarczyk, Zofia Kowarska
The paper presents preliminary results of the archaeological research conducted in quarter 1 at the Jewish Cemetery at 49/51 Okopowa Street in Wola in Warsaw in the years 2020-2021, which was carried out in accordance with the guidelines of the Rabbinical Commission for Jewish Cemeteries in Poland, as well as respect for tradition and halakhic law. The results of archaeological work contribute to a better understanding of the history of the entire Warsaw necropolis from the time of its foundation, with a particular emphasis on the late 19th and early 20th century, to the times of the battles fought at the necropolis during World War II.
Georges-André Silber
We present preliminary results about Legistix, a tool we are developing to automatically consolidate the French and European law. Legistix is based both on regular expressions used in several compound grammars, similar to the successive passes of a compiler, and on a new specialized language of functional type, allowing to describe the changes applied to the texts. Instead of creating manually a full consolidated version of a text at each modification date, Legistix generates automatically programs from legal documents written in natural language to automatically create the consolidated versions.
Eugénie Mérieau
Rick Hölsgens, Cornelius Schubert
Users have no doubt become popular in innovation research. They are not considered a passive mass of adopters but as a more or less active agency in innovation processes. Diffusion research has, for instance, distinguished between several adopter categories: innovators, early adopters, early majority, late majority, and laggards. These categories can be mapped on the diffusion s-curve and indicate a temporal order along which innovations may be analysed. However, early or late adopters were still seen primarily as adopters. Concepts such as “reinvention” or “domestication” then put more emphasis on the ways in which an innovation may be changed within the adoption process. In these cases, innovations came from elsewhere (i.e., manufacturers), but the users were credited with more creative potential than simply adopting novelties. The turn towards user-driven innovations decidedly shifted the creative potential towards (specific) user groups, transgressing the traditional distinction between producers and consumers. The involvement of users in innovation processes has been addressed under different labels, for instance, user innovation, open innovation, or participatory design and from different fields such as management and innovation research, science and technology studies, or social innovation studies. The main gist of these approaches lies in reclaiming hitherto neglected aspects, perspectives, or sources of innovations, thus arguing against a top-down producer-centred models of innovation by emphasising bottom-up user-centred modes of innovation. They reconfigure ideas about pushes and pulls, about the constellations and locales in which invention and diffusion occur, and about the transformations of innovations as they emerge and evolve over time and space. This thematic issue of NOvation seeks to shed light on this increasing popularity of “the user” in innovation studies. We gather here contributions from diverse backgrounds that critically focus on the role of users in innovation studies, from empowerment and emancipation to valorisation and exploitation. We especially addressed the questions of why users have become popular both empirically and conceptually across a range of fields and spanning from academia to politics and civil society. How does user-centred innovation relate to more traditional models of producer-centred innovation? Which role do critical users play in innovation research? Are there specific fields in which users are seen to be more active than in others? Especially, who is considered to be a user or customer?
A. Ptitsyn
The article discusses social and demographic history of the Czech colonies on the Black Sea coast of the Caucasus in the late XIX - early XX centuries.
Peter Henderson, Ben Chugg, Brandon Anderson et al.
We explore the promises and challenges of employing sequential decision-making algorithms -- such as bandits, reinforcement learning, and active learning -- in law and public policy. While such algorithms have well-characterized performance in the private sector (e.g., online advertising), the tendency to naively apply algorithms motivated by one domain, often online advertisements, can be called the "advertisement fallacy." Our main thesis is that law and public policy pose distinct methodological challenges that the machine learning community has not yet addressed. Machine learning will need to address these methodological problems to move "beyond ads." Public law, for instance, can pose multiple objectives, necessitate batched and delayed feedback, and require systems to learn rational, causal decision-making policies, each of which presents novel questions at the research frontier. We discuss a wide range of potential applications of sequential decision-making algorithms in regulation and governance, including public health, environmental protection, tax administration, occupational safety, and benefits adjudication. We use these examples to highlight research needed to render sequential decision making policy-compliant, adaptable, and effective in the public sector. We also note the potential risks of such deployments and describe how sequential decision systems can also facilitate the discovery of harms. We hope our work inspires more investigation of sequential decision making in law and public policy, which provide unique challenges for machine learning researchers with potential for significant social benefit.
L. Benton
This article presents a critique of recent writings, mainly by Anne Orford, of historical methodologies in international law as supposedly focused on rooting out anachronism and separating history from the politics of the present. First, the article shows that this (mis)characterization of historical methods is based on a misreading of the work of Quentin Skinner and the Cambridge School. Second, it argues that Orford errs in assuming that the Cambridge School is representative of historical approaches. The article exposes this error by tracing key strands of socio-legal study of global legal history. That literature has generated new insights about such topics as vernacular discourses of international law and the influence of patterns of colonial politics on global ordering. This new global legal history takes ‘legal politics’ as its object of analysis while merging the study of praxis and theory in the history of international law.
Peter Vyšný
The paper briefly deals with the importance of knowledge of the prehistory as well as the possibility of the existence of a law in the prehistory and the overall nature of such a law, both in a general perspective and in the light of the scientific monograph Prehistory of Law by José María Ribas Alba. From the analysis of this book contained in the paper, it is clear that the book has a significant contribution to the legal science and legal history, since: 1. it proves quite convincingly the existence of a certain law in the prehistoric society; 2. it systematically reconstructs the features, forms and development of this law; and 3. it relatively sufficiently verifies the hypothesis that elements of prehistoric law are legal universals, having, at least to some extent, universal (all-mankind, panhuman, global) and timeless character, and, therefore, in the context of the legal (social, cultural) evolution of mankind can be considered for a kind of analogy of the genes involved in its biological evolution.
Thamiris Anacleto Basílio, Marileide Gonçalves França
A partir da luta do movimento negro foi promulgada a Lei 10.639/03 que estabeleceu a obrigatoriedade do ensino da História e Cultura Afro-Brasileira nos estabelecimentos de ensino. Entretanto, para a sua implementação, faz-se necessário mudanças no currículo escolar. Nesse sentido, ressalta-se a importância de articular essa temática ao Ensino de Química, reinterpretando a história, mostrando uma ciência não apenas branca e eurocêntrica, mas valorizando as contribuições e a história dos negros. Assim, esse trabalho objetivou analisar como a temática da educação das relações étnico-raciais era abordada no ensino da química em uma Escola Estadual de Ensino Médio do Município de Alegre-ES. Para tanto, se desenvolveu uma pesquisa de caráter qualitativo, do tipo estudo de caso. Como instrumentos de coleta de dados elegeu-se a observação, o diário de campo, a consulta documental, a entrevista e o questionário. Os sujeitos da pesquisa foram o professor de química, a pedagoga da escola e os alunos do terceiro ano do ensino médio. Os resultados apontaram que o currículo escolar abordava a lei, mas não havia um direcionamento para o ensino da química. Observou-se que o professor não articulava essa temática em sua disciplina e isso pode ser compreendido considerando as lacunas em sua formação inicial. Entretanto, o estudo apontou a necessidade de formação continuada e do envolvimento dos professores com a educação das relações étnico-raciais, considerando que a discussão dessa temática possibilita descontruir a visão negativa direcionada aos negros e também as atitudes discriminatórias e racistas que se perpetuam no espaço escolar. Palavras-chave: Educação das relações étnico-raciais. Ensino de química. Práticas educacionais. From the black movement fight, the Law 10.639 / 03 was enacted, which established the obligation to teach Afro-Brazilian History and Culture Culture in schools. However, for its implementation, changes in the school tabcurriculum are necessary. In this sense, the importance of articulating this theme to the Teaching of Chemistry is emphasized, reinterpreting history, showing a science that is not only white and Eurocentric, but valuing the contributions and history of blacks. Thus, this work aimed to analyze how the theme of education of ethnic-racial relations was approached in the teaching of chemistry at a State High School in the city of Alegre-ES. Therefore, a qualitative research was developed, from the case study type. As instruments of data collection were chosen observation, field diary, document consultation, interview and questionnaire. The research subjects were the chemistry teacher, the school pedagogue and the third year students of high school. The results showed us that the school curriculum addressed the law, but there was no guidance for the teaching chemistry. It was observed that the teacher did not articulate this theme in his discipline and this can be understood considering the gaps in his initial training. However, the study pointed out the need for continuing education and the involvement of teachers in the education of ethnic-racial relations, considering that the discussion of this theme makes it is possible to deconstruct this negative view that is directed towards blacks and also the discriminatory and racist attitudes that are perpetuated in the school space. Keywords: Education of ethnic-racial relations. Chemistry teaching. Educational practices. A partir de la lucha del movimiento negro, se promulgó la Ley 10.639/03, que estableció la enseñanza obligatoria sobre Historia y Cultura Afrobrasia en escuelas. Sin embargo, para su implementación, son necesarios cambios en el currículo escolar. En este sentido, se enfatiza la importancia de articular este tema a la Enseñanza de la Química, reinterpretando la historia, mostrando una ciencia no sólo blanca y eurocéntrica, sino valorando las contribuciones y la historia de los negros. Así, este estudio tenía como objetivo analizar cómo se aborda el tema de la educación de las relaciones étnico-raciales en la enseñanza de la química en una Escuela Secundaria Estatal del municipio de Alegre-ES. Para ello, se desarrolló una investigación cualitativa, del tipo de estudio de caso. Como instrumentos de recopilación de datos, se eligieron instrumentos de observación, diario de campo, consulta documental, entrevista y cuestionario. Las asignaturas de investigación fueron el profesor de química, el pedagogo y los estudiantes de tercer año de secundaria. Los resultados mostraron que el plan de estudios abordó la ley, pero no hubo dirección para el enseñanza de la química. El maestro no articuló este tema en su disciplina y esto se puede entender considerando las lagunas en su educación inicial. Sin embargo, el estudio señaló la necesidad de la educación continua y el involucramiento de los docentes en la educación de las relaciones étnico-raciales, considerando que esta discusión permite deconstruir esta opinión negativa sobre los negros y también las actitudes discriminatorias y racistas que existen en las escuelas. Palabras clave: Educación de las relaciones étnico-raciales. Enseñanza de química. Prácticas educativas.
Francesco Munari
(Series Information) European Papers - A Journal on Law and Integration, 2020 5(1), 461-467 | European Forum Insight of 28 May 2020 | (Table of Contents) I. The lockdown of passenger air transport as a response to COVID-19 and the questions it raises to policymakers. - II. Concerns from the competition law viewpoint of State aids to rescue airline companies in a post-emergency scenario. - III. Environmental concerns and air transport policy: a sharp decrease in the offer of air passengers' services should be considered. - IV. Freedom of market access in the passenger air transport industry: negative economic externalities and the need to rethink mobility of persons vis-à-vis other values and priorities. - V. A brief history of de-regulation of the airline industry in the EU: what's left after more than three decades. - VI. Will the pandemic be able to lift the veil from our eyes? - VII. Industrial policy concerns for the future of air transport. - VIII. "Back to the future": regulating the aviation industry to cope with market failures, environmental goals and industrial policy needs. - IX. Concluding remarks: COVID-19 as a "didactic momentum". | (Abstract) Based on the assumption that the COVID-19 pandemic might provide the occasion to re-think the role of aircraft passenger transportation, this Insight advocates a re-evaluation of the market models developed over the past decades to deregulate the airline industry. The first aspect on which the Insight focuses is the unfeasibility of a long-term generally subsidized air transport sector under EU law, especially in the aftermath of the COVID-19 pandemic: the likely decrease of both supply and demand casts in doubt the consistency of significant distortions necessarily caused by public subsidies in this sector with EU competition law. Moreover, under environmental law and policy perspectives, the Insight highlights the inconsistencies between the negative externalities of the current air transport policy and the climate goals fostered by the EU. In this vein, the Author underlines that, in lieu of increasing subsidies, an EU transport policy consistent with climate goals should reduce them. This, however, would decrease again the supply of air transportation, in line with the need to reduce the unsustainable levels of emissions of aircrafts. In this scenario, the resulting diminished volume of air transport services is assessed against the rationale originally supporting the deregulation of this sector decided some 30 years ago at EEC level, i.e. the abolition of national monopolies preventing freedom to provide services. In particular, the Author questions whether such a rationale still justifies both the deviations from climate goals and the risk to perpetuate the competitive model in a substantially changed industry. After all, deregulation has led to a substantial concentration in the market but at the same time, as the COVID-19 pandemic shows, a situation of sudden deprivation of the existing transportation network for millions of passengers. And because an airline transportation industry (albeit in more limited size) is essential for industrial policy concerns, the Author proposes thorough reflection in which the coronavirus crisis can be seen as an opportunity for a (modern) re-regulation of this sector.
Gaudron Arthur
Artificial Intelligence represents many things: a new market to conquer or a quality label for tech companies, a threat for traditional industries, a menace for democracy, or a blessing for our busy everyday life. The press abounds in examples illustrating these aspects, but one should draw not hasty and premature conclusions. The first successes in AI have been a surprise for society at large-including researchers in the field. Today, after the initial stupefaction, we have examples of the system reactions: traditional companies are heavily investing in AI, social platforms are monitored during elections, data collection is more and more regulated, etc. The resilience of an organization (i.e. its capacity to resist to a shock) relies deeply on the perception of its environment. Future problems have to be anticipated, while unforeseen events occurring have to be quickly identified in order to be mitigated as fast as possible. The author states that this clear perception starts with a common definition of AI in terms of capacities and limits. AI practitioners should make notions and concepts accessible to the general public and the impacted fields (e.g. industries, law, education). It is a truism that only law experts would have the potential to estimate IA impacts on judicial system. However, questions remain on how to connect different kind of expertise and what is the appropriate level of detail required for the knowledge exchanges. And the same consideration is true for dissemination towards society. Ultimately, society will live with decisions made by the "experts". It sounds wise to involve society in the decision process rather than risking to pay consequences later. Therefore, society also needs the key concepts to understand AI impact on their life. This was the purpose of the trial of an IA that took place in October 2018 at the Court of Appeal of Paris: gathering experts from various fields to expose challenges in law and science towards a general public.
Murray Gell-Mann, James Hartle
We continue our efforts to understand, within the framework of the quantum mechanics of the universe as a whole, the quasiclassical realm of familiar experience as a feature emergent from the Hamiltonian of the elementary particles and the initial condition of the universe. Quantum mechanics assigns probabilities to exhaustive sets of alternative decoherent histories of the universe. We introduce and define the notion of strong decoherence. We replace the notion of maximal sets of alternative decohering histories by defining the more useful concept of "full" sets of alternative strongly decohering histories. These full sets fall into equivalence classes each of which is characterized by a basis in Hilbert space. Finally we describe our continuing efforts to find measures of classicality --- measures that could be applied to such full sets of alternative strongly decohering so as to characterize a quasiclassical realm.
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