Hasil untuk "History of Law"

G. Spivak

C. Geertz

L. Thomas van Binsbergen, Marten C. Steketee, Milen G. Kebede et al.

Compliance with the GDPR privacy regulation places a significant burden on organisations regarding the handling of personal data. The perceived efforts and risks of complying with the GDPR further increase when data processing activities span across organisational boundaries, as is the case in both small-scale data sharing settings and in large-scale international data spaces. This paper addresses these concerns by proposing a case-generic method for automated normative reasoning that establishes legal arguments for the lawfulness of data processing activities. The arguments are established on the basis of case-specific legal qualifications made by privacy experts, bringing the human in the loop. The obtained expert system promotes transparency and accountability, remains adaptable to extended or altered interpretations of the GDPR, and integrates into novel or existing distributed data processing systems. This result is achieved by defining a formal ontology and semantics for automated normative reasoning based on an analysis of the purpose-limitation principle of the GDPR. The ontology and semantics are implemented in eFLINT, a domain-specific language for specifying and reasoning with norms. The XACML architecture standard, applicable to both access and usage control, is extended, demonstrating how GDPR-based normative reasoning can integrate into (existing, distributed) systems for data processing. The resulting system is designed and critically assessed in reference to requirements extracted from the GPDR.

Simon Chesterman

Artificial intelligence is reshaping science, society, and power. Yet many debates over its likely impact remain fixated on extremes: utopian visions of universal benefit and dystopian fears of existential doom, or an arms race between the U.S. and China, or the Global North and Global South. What's missing is a serious conversation about distribution - who gains, who loses, and who decides. The global AI landscape is increasingly defined not just by geopolitical divides, but by the deepening imbalance between public governance and private control. As governments struggle to keep up, power is consolidating in the hands of a few tech firms whose influence now rivals that of states. If the twentieth century saw the rise of international institutions, the twenty-first may be witnessing their eclipse - replaced not by a new world order, but by a digital oligarchy. This essay explores what that shift means for international law, global equity, and the future of democratic oversight in an age of silicon sovereignty.

Jiří Bíly

The article called Marking the 140th anniversary of prof. Dr. J. A. Schumpeter’s birth. The author describes Schumpeter’s scientific works his opinion on Marx’s theories of capitalism, as well as the deep humanism of this extraordinary man, reflected in his attitude towards the people of lower status in general. The article talks about Schumpeter’s theories on the role law in the case with the interplay between law and economy, the interrelationship between law and politics. In the context of democratic society, law appears as one of the most central mechanism to ensure that the participation of the populace in a state’s governance, as well as the outcome of government in the form of legislative decisions, abide by standards of democracy.

Paul Finkelman

This article reconsiders the life and record of Supreme Court Justice Felix Frankfurter. Frankfurter was smart, hardworking, and talented, serving as a great activist lawyer and important law professor in his early career. When nominated to the court, there were high hopes he would follow Holmes and Brandeis in leading a progressive Court that would protect civil liberties and minority rights. However, it was not to be. On the Court Frankfurter became increasingly conservative and ultimately reactionary. In his opinions, he upheld persecution and discrimination of religious and racial minorities, occasionally hindered racial justice and civil liberties efforts, and opposed due process in criminal trials and fairness in elections. Arrogant and dismissive, he constantly fought with his brethren, alienating almost all of them. In the end Frankfurter was far too often on the wrong side of history, liberty and the law, and even legal ethics. The tragedy of Frankfurter is that he abandoned the constitutional rights and protections that he supported from his graduation from law school until he donned his robes. He could have been a great justice. Sadly, he was not.

Yankovich P.V.

The article provides a detailed examination of the labor activities of prisoners engaged in internal work within correctional institutions located in the Smolensk, Bryansk, and Oryol provinces during the 1920s. Particular attention is given to the primary types of work in which the incarcerated individuals were involved, as well as the conditions of labor and levels of productivity. This historical period represents a significant stage in the development of the penitentiary system in Russia and is of particular interest for study in the contemporary context, especially as the corrections system undergoes considerable changes and reforms. During the 1920s, our country experienced radical reforms in the penal sphere aimed at improving the conditions of prisoner confinement and optimizing their labor activities. At that time, these ideas were pioneering not only for Russia but also for Europe as a whole. The Soviet authorities, during the period under consideration, began to formulate a new penitentiary policy based on the principle of corrective-labor functioning within correctional institutions. This process of reform and paradigm shift in the operations of these institutions represents a unique experience in our national history and may serve as a valuable reference for contemporary transformations of the Russian penitentiary system and its future development.

Pascal Marquet, Max Planck

This is an English (annotated) translation of the German paper by Max Planck (1943) about "The history of the discovery of the physical quantum of action"

Silvia Gasparini

The paper follows the development of the notary profession in Venice in the production of private deeds (instrumenta) and public acts (acta). In the Middle Ages, both activities were performed by the clergy. With the advent of the Commune, a Chancery was instituted to archive separately the acta, as well as the instrumenta. A lay Great Chancellor organised clerks who were members of the clergy, and they also wrote private deeds. As the requirements of the notarial activity became stricter, a policy of careful selection was implemented. The two fields of the notarial activity began to differentiate. In 1433, a papal bull forbade priests to work as clerks in secular institutions. It marked the beginning of a turnover in the Chancery staff, the new clerks being chosen among laymen. Close control was kept on Venetian citizenship as the main requisite to access Chancery posts. Similar criteria were applied to private notaries: after some successful tests, in 1514 a procedure for admission to the profession, and a College of Notaries, were finally instituted.

Claire Barale

Our project aims at helping and supporting stakeholders in refugee status adjudications, such as lawyers, judges, governing bodies, and claimants, in order to make better decisions through data-driven intelligence and increase the understanding and transparency of the refugee application process for all involved parties. This PhD project has two primary objectives: (1) to retrieve past cases, and (2) to analyze legal decision-making processes on a dataset of Canadian cases. In this paper, we present the current state of our work, which includes a completed experiment on part (1) and ongoing efforts related to part (2). We believe that NLP-based solutions are well-suited to address these challenges, and we investigate the feasibility of automating all steps involved. In addition, we introduce a novel benchmark for future NLP research in refugee law. Our methodology aims to be inclusive to all end-users and stakeholders, with expected benefits including reduced time-to-decision, fairer and more transparent outcomes, and improved decision quality.

Helen Au-Yang, Jacques H. H. Perk

We present our personal histories with Michael Fisher. We describe how each one of us first came to Cornell University. We also discuss our many subsequent interactions and successful collaborations with him on various physics projects.

Jack Murdoch Moore, Gang Yan, Eduardo G. Altmann

Power-law distributions are essential in computational and statistical investigations of extreme events and complex systems. The usual technique to generate power-law distributed data is to first infer the scale exponent $α$ using the observed data of interest and then sample from the associated distribution. This approach has important limitations because it relies on a fixed $α$ (e.g., it has limited applicability in testing the {\it family} of power-law distributions) and on the hypothesis of independent observations (e.g., it ignores temporal correlations and other constraints typically present in complex systems data). Here we propose a constrained surrogate method that overcomes these limitations by choosing uniformly at random from a set of sequences exactly as likely to be observed under a discrete power-law as the original sequence (i.e., regardless of $α$) and by showing how additional constraints can be imposed in the sequence (e.g., the Markov transition probability between states). This non-parametric approach involves redistributing observed prime factors to randomize values in accordance with a power-law model but without restricting ourselves to independent observations or to a particular $α$. We test our results in simulated and real data, ranging from the intensity of earthquakes to the number of fatalities in disasters.

Parthajit Biswas, Prateksh Dhivakar, Nilay Kundu

This work extends the proof of a local version of the linearized second law involving an entropy current with non-negative divergence by including the arbitrary non-minimal coupling of scalar and $U(1)$ gauge fields with gravity. In recent works, the construction of entropy current to prove the linearized second law rested on an important assumption about the possible matter couplings to gravity: the corresponding matter stress tensor was assumed to satisfy the null energy conditions. However, the null energy condition can be violated, even classically, when the non-minimal coupling of matter fields to gravity is considered. Considering small dynamical perturbations around stationary black holes in diffeomorphism invariant theories of gravity with non-minimal coupling to scalar or gauge fields, we prove that an entropy current with non-negative divergence can still be constructed. The additional non-minimal couplings that we have incorporated contribute to the entropy current, which may even survive in the equilibrium limit. We also obtain a spatial current on the horizon apart from the entropy density in out-of-equilibrium situations. We achieve this by using a boost symmetry of the near horizon geometry, which constraints the off-shell structure of a specific component of the equations of motion with newer terms due to the non-minimal couplings. The final expression for the entropy current is $U(1)$ gauge-invariant for gauge fields coupled to gravity. We explicitly check that the entropy current obtained from our abstract arguments is consistent with the expressions already available in the literature for specific model theories involving non-minimal coupling of matter with higher derivative theories of gravity. Finally, we also argue that the physical process version of the first law holds for these theories with arbitrary non-minimal matter couplings.

D. Markova

The paper analyzes the circumstances that influenced the formation of Russian politics in the Caucasus after the accession of the Kartli-Kakheti kingdom to the empire. The dificulties that the tsarist administration had to face, interested in the speedy paciication of local peoples and their entry into the legal space of the state.We consider the reaction to this from neighboring powers, which were competitors to the Russian Empire in the region. In the Caucasus, Turkish and Persian agents actively acted, who did their best to provoke a rebellion of local peoples against Russians. A variety of means were used for this, from propaganda and bribing representatives of the local nobility to an open armed invasion. In this situation, the Russian administration was forced to use forceful methods of dealing with its rivals. Given the very limited means that the empire could afford to keep on newly acquired lands, it was necessary to go for the physical elimination of the most problematic opponents. The exponent of this course was P.D. Tsitsianov, who managed in a short time to ensure the strengthening of the position of the Russian authorities in the region. The death of the prince forced him to succeed Count I.V. Gudovich to act more carefully and try to neutralize the hostile steps of part of the highlanders with the help of bribery, which in the oficial correspondence was called the policy of "taming". Such measures were caused by the need to focus on the ight against an external threat, leaving the solution of internal problems to a more favorable time. Neither Persia nor the Ottoman Empire reconciled with their failures in the struggle for the Caucasus. Because of the wars that began, Russia managed to inflict a number of defeats on them and force them to conclude peace that not only conirmed its former rights to these territories, but also expanded them even more. As a result of the victories won, Petersburg got the opportunity to focus its efforts on the "paciication" of mountain tribes, who from now on would have to sacriice part of their usual ways of interacting with their neighbors, namely, abandon raiding practice.

Olga Zaporozhtseva

The article analyzes the administrative activity of A. F. Rebrov under the head of the administration in the Astrakhan, Caucasus provinces and in the Republic of Georgia, A. P. Yermolov, in one of the difficult periods in the history of the Caucasus. Thanks to the knowledge of the peculiarities of the region land the life of peoples in the North Caucasus, it was possible to successfully fulfill the orders of the authorities. Among them was the compilation of "The review of the lands of the Caucasian province in relation to their properties, status and rank of the inhabitants inhabiting it". The document defined the boundaries of the Caucasian province, described the peoples living in the territory of the province; prepared the rules "for economic management in the production of buildings at the Caucasus Mineral Waters". All those who could build buildings on the allotted land for living or renting out for visitors during the holiday season on the CMW were involved. A. F. Rebrov studied not only the necessary information about the "economic condition of each regiment..." but also "drew up rules to allot land to Cossack troops" "observed the places with military authorities to settle the Cossacks at the new frontline". The author shows the national policy, which also required the necessary historical knowledge and diplomatic approach. He gained such experience while being in the Caucasus during the expeditions of his superiors as a secretary, so he was able to successfully fulfill the orders concerning the settlement of national interests with the Kabardian and Nogai peoples. After the resignation of A. P. Ermolov, Rebrov faithfully served the orders of appointed in 1827 commander of the troops in the Caucasus, and chief superintendent of the civil part and border affairs of the provinces of Astrakhan, the Caucasus, and in Georgia, the field-Marshal-General count I. F. Paskevich-Erivan For three years.

Michael Widener

This article responds to the question posed in the title of the 18 June 2020 workshop of the Max Planck Institute for European Legal History: »What is a Legal Book? Crossing Perspectives between Legal History and Book History«. Bridging the gap between legal history and book history requires a broader conception of legal literature, one that the term »legal book« captures more accurately than the narrower »law book«. The field of legal history has begun to take greater interest in legal books as social and cultural phenomena, as objects of commerce and as artifacts. The article develops a definition of »legal book« using illustrations of law books that are taken from the books themselves, including allegorical images, author portraits, and depictions of lawyers at work. These images highlight the book’s function in law as symbol, text, and artifact. The article concludes by pointing to opportunities for collecting, research, and teaching that the broader definition of »legal book« presents for curators and the historians they serve.

I. Belyaev, G. Carboni, N. Harnew et al.

In this paper we describe the history of the LHCb experiment over the last three decades, and its remarkable successes and achievements. LHCb was conceived primarily as a b-physics experiment, dedicated to CP violation studies and measurements of very rare b decays, however the tremendous potential for c-physics was also clear. At first data taking, the versatility of the experiment as a general-purpose detector in the forward region also became evident, with measurements achievable such as electroweak physics, jets and new particle searches in open states. These were facilitated by the excellent capability of the detector to identify muons and to reconstruct decay vertices close to the primary pp interaction region. By the end of the LHC Run 2 in 2018, before the accelerator paused for its second long shut down, LHCb had measured the CKM quark mixing matrix elements and CP violation parameters to world-leading precision in the heavy-quark systems. The experiment had also measured many rare decays of b and c quark mesons and baryons to below their Standard Model expectations, some down to branching ratios of order 10-9. In addition, world knowledge of b and c spectroscopy had improved significantly through discoveries of many new resonances already anticipated in the quark model, and also adding new exotic four and five quark states.

Nandini Nayak

In the 2000s, “rights-based approaches” to development acquired prominence in national level social policy in India. From 2005 to 2013, the Indian parliament passed several laws that effectively created new legal “rights.” This included a national legislation on the “right to work” under the National Rural Employment Guarantee Act (NREGA) enacted in 2005 and a National Food Security Act (NFSA) on the “right to food” enacted in 2013. In text, rights created under these legislations expanded the idea of citizenship by defining justiciable claims that could be made against the state. The enactment of these legislations drew on a history of collective action and litigation centered on constitutional law and created the possibility of a new, progressive politics. Yet this positive expansion of citizenship rights has in recent years encountered a backlash and a de facto reigning in of rights. Part of this erosion of rights has been due to the Aadhaar based digital technologies using biometrics that were introduced as a key tool of implementation of social protection programs implemented under laws such as the NREGA and NFSA. Despite the present context of Aadhaar based erosion of citizenship rights, and the specter of coded and precarious citizenship, this paper argues that challenges to implementation of social policy need to be viewed in perspective. The role of social movements has been fundamental to the emergence of the aforementioned policies and legislations. Moving forward, the role of civil society actors in demanding probity in implementation of social policy, and in the reclaiming of citizenship, is critical for ensuring that new rights legislations retain their progressive potential.

Hisashi Hayakawa, Yusuke Ebihara

This section shows an overview of a recent development of the studies on great space weather events in history. Its discussion starts from the Carrington event and compare its intensity with the extreme storms within the coverage of the regular magnetic measurements. Extending its analyses back beyond their onset, this section shows several case studies of extreme storms with sunspot records in the telescopic observations and candidate auroral records in historical records. Before the onset of telescopic observations, this section shows the chronological coverages of the records of unaided-eye sunspot and candidate aurorae and several case studies on their basis.

Arthur Genthon

Interest in Brownian motion was shared by different communities: this phenomenon was first observed by the botanist Robert Brown in 1827, then theorised by physicists in the 1900s, and eventually modelled by mathematicians from the 1920s, while still evolving as a physical theory. Consequently, Brownian motion now refers to the natural phenomenon but also to the theories accounting for it. There is no published work telling its entire history from its discovery until today, but rather partial histories either from 1827 to Perrin's experiments in the late 1900s, from a physicist's point of view; or from the 1920s from a mathematician's point of view. In this article, we tackle the period straddling the two `half-histories' just mentioned, in order to highlight continuity, to investigate the domain-shift from physics to mathematics, and to survey the enhancements of later physical theories. We study the works of Einstein, Smoluchowski, Langevin, Wiener, Ornstein and Uhlenbeck from 1905 to 1934 as well as experimental results, using the concept of Brownian velocity as a leading thread. We show how Brownian motion became a research topic for the mathematician Wiener in the 1920s, why his model was an idealization of physical experiments, what Ornstein and Uhlenbeck added to Einstein's results, and how Wiener, Ornstein and Uhlenbeck developed in parallel contradictory theories concerning Brownian velocity.