Hasil untuk "History of Law"

Dan Hendrycks, Collin Burns, Steven Basart et al.

We propose a new test to measure a text model's multitask accuracy. The test covers 57 tasks including elementary mathematics, US history, computer science, law, and more. To attain high accuracy on this test, models must possess extensive world knowledge and problem solving ability. We find that while most recent models have near random-chance accuracy, the very largest GPT-3 model improves over random chance by almost 20 percentage points on average. However, on every one of the 57 tasks, the best models still need substantial improvements before they can reach expert-level accuracy. Models also have lopsided performance and frequently do not know when they are wrong. Worse, they still have near-random accuracy on some socially important subjects such as morality and law. By comprehensively evaluating the breadth and depth of a model's academic and professional understanding, our test can be used to analyze models across many tasks and to identify important shortcomings.

J. Cuevas, F. García-Vidal

Thermal radiation is one of the most universal physical phenomena, and its study has played a key role in the history of modern physics. Our understanding of this subject has been traditionally based on Planck’s law, which in particular sets limits on the amount of thermal radiation that can be emitted or exchanged. However, recent advances in the field of radiative heat transfer have defied these limits, and a plethora of novel thermal phenomena have been discovered that in turn hold the promise to have an impact in technologies that make use of thermal radiation. Here we review the rapidly growing field of radiative heat transfer, paying special attention to the remaining challenges and identifying future research directions. In particular, we focus on the recent work on near-field radiative heat transfer, including (i) experimental advances, (ii) theoretical proposals to tune, actively control, and manage near-field thermal radiation, and (iii) potential applications. We also review the recent progress...

B. Flyvbjerg

This paper takes stock of megaproject management, an emerging and hugely costly field of study, by first answering the question of how large megaprojects are by measuring them in the units of mega, giga, and tera, and concluding with how we are presently entering a new “tera era” of trillion-dollar projects. Second, total global megaproject spending is assessed, at US$6 to US$9 trillion annually, or 8% of the total global gross domestic product (GDP), which denotes the biggest investment boom in human history. Third, four “sublimes”—political, technological, economic, and aesthetic—are identified and used to explain the increased size and frequency of megaprojects. Fourth, the “iron law of megaprojects” is laid out and documented: Over budget, over time, over and over again. Moreover, the “break–fix model” of megaproject management is introduced as an explanation of the iron law. Fifth, Albert O. Hirschman's theory of the “Hiding Hand” is revisited and critiqued as unfounded and corrupting for megaproject thinking in both the academy and policy. Sixth, it is shown how megaprojects are systematically subject to “survival of the unfittest,” which explains why the worst projects get built rather than the best. Finally, it is argued that the conventional way of managing megaprojects has reached a “tension point,” in which tradition is being challenged and reform is emerging.

Robert C. Hauhart

Immanuel Kant, Edited BY Jens Timmermann English, M. Gregor

Moslem Ghezelbigloo, Rohallah Rahimi, MEHDI Sheikh Movahed

Citizens' participation is not a new concept, but it has become much more important during recent decades, due to the occurrence of violations such as administrative corruption crimes. In general, citizens have not only the right but also the duty to participate in decisions that affect their general welfare. This participation, while being a moderator of the ruling power, helps to deal more appropriately with cases of administrative corruption. embezzlement as one of the economic crimes that violates public trust towards the government has been recognized in various domestic and international documents throughout history. The objectives pursued in this research are to identify national bases and international public participation in the prevention of administrative corruption by emphasizing embezzlement and identifying their differences with each other. The results of the present research indicate that there are differences between the domestic and international anti-embezzlement frameworks, such as the lack of criminalization of embezzlement in the private sector, as well as the lack of provision for the mechanism of international judicial assistance in the field of embezzlement, lack of It is worth mentioning the detailed explanation of whistle-blowing regulations regarding the fight against embezzlement in Iran's internal law, in contrast the regional to international nature of anti-embezzlement rights and the lack of guarantee of effective implementation at the international level to fight embezzlement

Lynn M. Kaluzienski, Jason M. Amundson, Jamie M. Womble et al.

Icebergs in proglacial fjords serve as pupping, resting and molting habitat for some of the largest seasonal aggregations of harbor seals (Phoca vitulina richardii) in Alaska. One of the largest aggregations in Southeast Alaska occurs in Johns Hopkins Inlet, Glacier Bay National Park, where up to 2000 seals use icebergs produced by Johns Hopkins Glacier. Like other advancing tidewater glaciers, the advance of Johns Hopkins Glacier over the past century has been facilitated by the growth and continual redistribution of a submarine end moraine, which has limited mass losses from iceberg calving and submarine melting and enabled glacier thickening by providing flow resistance. A 15-year record of aerial surveys reveals (i) a decline in iceberg concentrations concurrent with moraine growth and (ii) that the iceberg size distributions can be approximated as power law distributions, with relatively little variability and no clear trends in the power law exponent despite large changes in ice fluxes over seasonal and interannual timescales. Together, these observations suggest that sustained tidewater glacier advance should typically be associated with reductions in the number of large, habitable icebergs, which may have implications for harbor seals relying on iceberg habitat for critical life-history events.

Z. M. Beryoza

The article is devoted to the problems that arise in the activities of lawyers in providing legal assistance to victims of domestic violence who were charged with causing harm to the life and health of their offenders. Self-defense (necessary defense) is considered as the main defense strategy in such criminal cases. The author compares legislative approaches and features of law enforcement practice that arise when using this strategy on domestic and foreign experience (using the example of the United States), dwelling separately on cases where self-defense took place outside an open conflict (in non-confrontational circumstances). Based on the analysis of approaches to this problem in foreign jurisdictions, the author proposes in Russian practice to use evidence confirming the history of domestic violence and the psychological trauma they cause in the victim in such categories of cases in order to confirm the compliance of the behavior of the victim of violence with the criteria for necessary defense.

Pia H. Bülow, Deborah Finkel, Monika Allgurin et al.

Abstract Background The concept of deinstitutionalization started in the 1960s in the US to describe closing down or reducing the number of beds in mental hospitals. The same process has been going on in many countries but with different names and in various forms. In Europe, countries like Italy prescribed by law an immediate ban on admitting patients to mental hospitals while in some other European countries psychiatric care was reorganized into a sectorized psychiatry characterized by open psychiatric care. This sectorization has not been studied to the same extent as the radical closures of mental hospitals, even though it entailed major changes in the organization of care. The deinstitutionalization in Sweden is connected to the sectorization of psychiatric care, a protracted process taking years to implement. Methods Older people, with their first admission to psychiatric care before or after the sectorization process, were followed using three different time metrics: (a) year of first entry into a mental hospital, (b) total years of institutionalization, and (c) changes resulting from aging. Data from surveys in 1996, 2001, 2006, and 2011 were used, together with National registers. Results Examination of date of first institutionalization and length of stay indicates a clear break in 1985, the year when the sectorization was completed in the studied municipality. The results show that the two groups, despite belonging to the same age group (birthyears 1910–1951, mean birthyear 1937), represented two different patient generations. The pre-sectorization group was institutionalized at an earlier age and accumulated more time in institutions than the post-sectorization group. Compared to the post-sectorization group, the pre-sectorization group were found to be disadvantaged in that their level of functioning was lower, and they had more unmet needs, even when diagnosis was taken into account. Conclusions Sectorization is an important divide which explains differences in two groups of the same age but with different institutional history: “modern” and “traditional” patient generations that received radically different types of care. The results indicate that the sectorization of psychiatric care might be as important as the Mental Health Care Reform of 1995, although a relatively quiet revolution.

Meetha V. Shenoy, Smriti Sridhar, Girish Salaka et al.

Ensuring women’s safety in smart cities is a need of the hour. Even though several legal and technological steps are adopted worldwide, women’s safety continues to be an international concern. Criminal records are maintained by law enforcement agencies and are most often not available to the public in an easily comprehensible form. While some wearable devices and mobile applications are available which are touted to aid in ensuring women’s safety, they utilize limited societal intervention and are not very efficient in ensuring the safety of the women as and when required. Most often the crime response, crime analysis, and crime prevention schemes are not integrated, leading to gaps in ensuring women’s safety. Our major contribution is in developing a holistic system encompassing the three crucial aspects, i.e crime analysis and mapping, crime prevention, and emergency response by leveraging societal participation for women safety management. This work applies the Geographic Information System (GIS) for the identification of hotspots and patterns of crime. The proposed system uses data generated from the mobile application and/or wearable gadget prototyped as a part of this work along with the criminal history records for crime response, analysis, and prevention. The system for the hotspot identification is demonstrated for the Pilani town in the Jhunjhunu district in the state of Rajasthan, India, and can be easily scaled up geographically and utilized as a safety strategy for smart cities. While the common man is provided a cost-effective solution via the developed mobile application or wearable gadget, the various components are integrated into a website for supervisory management and can be utilized by law enforcement agencies.

Saeed Jahangiri, Mohsen Abdollahi, Seyedeh Samaneh Ghafarof

The purpose of the present study is to review the positive and negative impacts of the role of culture and values in national authority. The method of research is descriptive-analytic and the results showed that culture more than any other aspect is related to globalization. Cultural, national, religious, and ethical identities get a new form in the ground of globalization so they should not be sanctified as definite and unchangeable traditions but rather, should be considered as flexible processes that not only can adapt themselves to new circumstances but also be redefined in terms of purposes and goals to sustain their solidarity despite flexibility. Undoubtedly, Iran as a globalized country would be more successful in keeping its identity than an isolated and backward country.

Stojanović Nataša

In this paper, the author focuses on the legal solutions in Serbian succession law pertaining to a previous issue that may arise in the course of probate proceedings. The research has been conducted with the aim of providing reasoned answers to the following questions: When is there a dispute on the application of law, and when is there a dispute on facts (factual issues significantly affecting the right to inherit)? How should the legal standard of "the less probable right" be understood? What are the characteristics of probate proceedings that prevent the dispute resolution of the same quality as in civil (litigation) or administrative proceedings? Why is the dispute resolution on decisive facts assigned to another (civil) court or administrative body if the authority in charge of conducting the probate proceedings has resolved very complex previous issues beforehand? Will the civil court judge or the notary public conducting the probate proceedings be competent enough to resolve the dispute in a specific case, bearing in mind their professional qualification and authorities, particularly those of notaries public. The analysis in this paper is based on the dogmatic (legal science) method, legal history method, normative law method, and comparative law method. For the purpose of attaining a higher level of legal certainty and a more consistent observance of the principles of procedural economy and efficiency in establishing the succession law effects of one's death, the author proposes adequate changes and amendments to the non-litigious procedure rules.

Edith Clowes

In the 1990s polls showed that the majority of Russians hoped to live in a post-Soviet country governed not only by a strong state but by the genuine rule of law. What happened to make Russian public opinion turn—or seem to turn—in the course of a few short years toward what might be called an ultranationalist, and sometimes lawless, “make Russia great again” attitude? And why did the Russian leadership decide to start exporting those views and values to democratic countries? To answer these questions Professor Clowes’s article focuses on the rhetoric and actions of two prominent ultra-nationalist demagogues—Aleksandr Prokhanov and Aleksandr Dugin, whose blueprints anticipated and then promoted aspects of contemporary Russian geopolitics. Drawing from concepts of the “cultural archive” and “usable history,” she considers why ultraconservatism became dominant in Russia today. Finally, she comments on resonances, and in some cases interactions, with various ultraconservative groups in Europe and the United States.

Reni Nur Aniroh

This article examines the development of the idea of bilateral inheritance coined by Hazairin which insists on the existence of men and women heirs. Hazairin argued that the nature of Islamic law of inheritance is bilateral. Hazairin’s concept of bilateral inheritance has been echoed by some Muslim scholars in Indonesia. This article tries to explain the development of bilateral inheritance in Indonesia by elucidating some concepts of Islamic inheritance law proposed by some Muslim scholars in Indonesia. Munawir Sadzali with his Reaktualisasi Ajaran Islam has tried to make the concept down to the earth by formulating quantitative equality between men and women shares. Harahap has come with the idea of one portion as the minimum share and the double as the maximum share of the estate of the heirs. Sarmadi proposed joint property and obligatory will as a tool of controling equality among the heirs. From the perspective of the history of law, the concept of bilateral inheritance has developed in line with the development of Indonesian context. The concept did not only consider the textual meaning of the text and Indonesian context, but also the development of family structure among the society, gender equality, and equality as the main purpose of Islamic inheritance law mentioned in the Qur’anic verses. Artikel ini membahas tentang perkembangan konsep waris bilateral yang digagas oleh Hazairin yang fokus pada keberadaan ahli waris laki-laki dan ahli waris perempuan. Hazairin berpendapat sistem waris bilateral ini menjadi watak dasar hukum waris Islam. Pasca Hazairin, konsep waris bilateral ini telah diusung kembali oleh beberapa sarjana Muslim Indonesia. Tulisan ini menjelaskan tentang perkembangan sistem waris bilateral di Indonesia dengan menelisik beberapa pemikiran hukum waris Islam yang disuarakan oleh beberapa sarjana Muslim Indonesia. Munawir Sadzali dengan ide tentang Reaktualisasi Ajaran Islam menawarkan adanya persamaan secara kuantitatif antara ahli waris laki-laki dan perempuan. Yahya Harahap menawarkan konsep satu bagian sebagai batas minimal dan dua bagian sebagai batas maksimal yang dapat diterima oleh ahli waris. Sedangkan Sarmadi menawarkan konsep harta bersama dan wasiat wajibah sebagai bagian alat kontrol pembagian waris di Indonesia. Dari perspektif sejarah hukum, ide tentang hukum waris bilateral telah berkembang sesuai dengan konteks Indonesia. Konsep waris bilateral tidak hanya mempertimbangkan makna ayat dan konteks Indonesia, tetapi juga perkembangan struktur dan hubungan kekerabatan, keadilan gender, dan keadilan sebagai tujuan utama kewarisan hukum Islam seperti yang disebutkan dalam ayat-ayat waris.

Dmytro Lakishyk

The article argues that the United States entered the post-war world in a completely new role for the state, surpassed all other countries in the main indicators of strength – military, economic, technological and cultural. World wars turned them into the center of Western civilization, which opposed Soviet power, which secured significant spheres of influence in Eastern Europe and the Far East as a result of World War II. It is argued that the main areas of geopolitical rivalry between the two centers of power are the regions that are on the periphery of Eurasia: the clash line in Europe, the Middle and the Far East. Throughout the entire period of rivalry, the United States has transformed from an episodic into a constant factor in European politics, institutionalizing its presence in the Old World and building relations with Western European allies on the basis of “Atlantism”, “interdependence” and “burden sharing”. It was proved that the main task of the US administrations in the post-war period was the creation of a “power perimeter” around the zone of Soviet control, maintaining its functioning and further strengthening. First, its line ran in Europe, then in East Asia, and later was expanded to the Middle East, having adequate support with American military bases and military-political blocs. It is noted that the confrontation between the two superpowers took place including the alternation of conflict and cooperation, reflected the desire of the victors to consolidate the subordinate position of the defeated – mainly Germany and Japan – in the new system of international relations. Carrying out “containment” of the USSR, the USA actually implemented a policy of “double containment”, directed both against the potential strengthening of Germany and in order to maintain control over Western Europe as a whole. In this regard, the consolidation of “spheres of influence” of each of the parties preserved the results of the war, providing “silent cooperation” on issues of principle.

Podriez Yuliya

The article is devoted to studing the trunsformation (changes) in the world after the Second World War, as well as the role and the place in it of two powerful states – the USA and the USSR. The article is devoted to the study of the question of the universe after the Second World War, as well as the role and the place in it of two powerful states – the USA and the USSR. In the article, the author emphasizes the objective and subjective circumstances that transformed Soviet-American relations since 1945. At the same time, it is emphasized that relations are complicated by the emergence of a new factor – atomic. Consideration of Soviet-USA relations is proposed through the lens of attempting to establish USA-USSR cooperation in the economic sphere, the development of nuclear weapons, and a technological approach in strategic arms. Much attention is paid to the meeting of the Big Three, which took place in Potsdam. In particular, on the one hand, the focus is on the direct procedure for concluding peace treaties and establishing diplomatic relations with Bulgaria, Hungary, Italy, Romania and Finland; on the other, the distribution of spheres of influence across Germany, based on the relevant protocol. In general, the author attempted to prove that the Berlin Conference made it possible to find mutually agreed solutions and to reach compromises, despite the escalation.

J. Liu, K. Das, M. Weiss et al.

Marek Sobczyk

Polska romanistyka prawnicza wzbogaciła się ostatnio o pracę Aldony Rity Jurewicz pt. Pater familias dominusve iussit. Umowy zawierane z podległymi władzy na podstawie polecenia zwierzchnika (Olsztyn 2015, ss. 379), stanowiącą rozprawę habilitacyjną i zarazem tzw. osiągnięcie naukowe wymagane dla uzyskania stopnia doktora habilitowanego. Ze względu na formalną rangę i wartość merytoryczną tej monografi i warto jej poświęcić parę uwag, mających po części charakter recenzji i po części polemiki z poglądami Autorki.

Andi Fariana

One of the factors that give the highest contribution in the growth of national economy is the growth of sharia economy. The fast growth of sharia economy makes a dispute settlement is one of the thing that has to be noted. Religious courts as a litigation institution that have the absolute authority based on Undang-Undang Peradilan Agama and enforced with the Keputusan Mahkamah Konstitusi No. 93 Tahun 2012 have the advantage and obstacles on its own, from the perspective of the history of the existence of religious court or from the perspective of sharia economy dispute settlement authority. The research of history of religious court in Indonesia and research on the advantages and obstacles of religious courts in carrying out the absolute authority has bring forth a conclusion that the appointment of religious courts as the institute that have an absolute authority in dispute settlement of sharia economy is very precise but needs to be enforcement from the institutional and human resource aspect. It also needs to be supported with the release of religious court law proceedings and the consideration to appoint an ad hoc judge to develop a faster justice system. Copyright (c) 2016 by Al-Ihkam. All right reserved DOI: 10.19105/al-ihkam.v10i2.720

Tom Morton

In both the Australian and British debates about media ethics and accountability, a key question about the News of the World phone-hacking scandal was whether or not the law should provide stronger protection for individuals from invasion of their privacy by news organisations. There is no explicit reference to privacy in the terms of reference of either Britain’s Leveson or Australia’s Finkelstein inquiries. It can safely be said, however, that invasions of personal privacy by NOTW journalists were an important element in the political atmospherics which lead to their establishment. This article also asks where that dividing line should be drawn. However, it approaches the issue of privacy from a rather different perspective, drawing on a case study from relatively recent history involving Sharleen Spiteri, an HIV+ sex worker who caused a national scandal when she appeared on television in Australia in 1989 and revealed that she sometimes had unprotected sex with her clients.