Hasil untuk "History of Law"

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arXiv Open Access 2025
Newtons First Law Is Not a Special Case of the Second Law

Indresh Yadav, P. M. Geethu

Newtons Laws of Motion form the basis of classical mechanics, but misconceptions about their interrelationships persist in pedagogy. A prevalent misunderstanding is that Newtons First Law is a trivial consequence of the Second Law. This paper argues that the First Law serves a logically distinct foundational role that defines the context in which the Second Law is valid. This conceptual distinction is clarified through classical thought experiments and further supported by insights from relativistic mechanics. Furthermore, the paper discusses the notion of the zeroth Law. It evaluates several candidates, including the absoluteness of space and time, the conservation and additivity of mass, and the locality of force in time. By articulating the details of the logical structure of Newtons Laws, this article offers theoretical clarity and pedagogical value for the teaching and interpretation of Newtonian mechanics.

en physics.hist-ph
DOAJ Open Access 2024
The Final Period of the Roman Constitutional History: the Later Roman Empire and the Dominate or Period of the Absolute Monarchy

Carlos Sardinha

One of the aspects that caracterizes the period of the so-called Dominate (Dominatus) or Absolute Monarchy is the fact that the imperial power makes use of religion to legitimize itself. From another perspective, changes in the organization of the Imperial Chancery took place that reflect the reality of an absolute monarchy of divine right supported by a complex bureaucracy and a strong army, with important impact on the tax system. An exponential price increase characterizes the crisis of the 3rd century AD from Aurelian onwards and justifies Diocletian’s despotism on economic issues. Characteristic of this epoch is an Imperial Government formed by several Emperors at the same time. A system of Imperial Tetrarchy was thus established. The radical change in the imperial policy concerning Christianity took place under Emperor Constantine. After the Milan Agreement (313 AD), Constantine assumed himself more and more as the protector of the Church, collaborating with the Bishops in their fight against heresy and legislating favourably towards Christianity. The definitive division of the Empire into two took place after the death of Emperor Theodosius I, Augustus in the East between 379 and 394 AD, only Emperor in 394/395 AD, with two Emperors, one in the Eastern Roman Empire, the other in the Western Roman Empire. The so-called Barbarian Invasions, that is, the assault of several Germanic tribes and tribal groups on Roman territory in the 5th century has caused the fall of the Western Roman Empire. Yet the Eastern Half of the Empire continued to exist. In the 5th century the Western Roman State underwent a gradual disintegration. The conclusion of foedera, that is, treaties with Non-Roman Barbarian Groups which contained a right to settle on the territory of the Roman Empire, were instruments of power, to which the weakened Roman Emperors resorted in order to be able to continue to assert their claim to sovereignty over the territory of the Roman Empire. For other reasons, too, the authority of the Roman emperors came under scrutiny. The spread of the so-called patronage in both the Eastern and Western Roman Empires means, for example, that prominent personalities such as imperial officials and large landowners maintain private armies (e.g.: buccellarii) that act in their own interest and are not in the service of the common good. Especially after the reign of Majorian (457-461 AD), the disintegration of the Western Roman State could no longer be stopped.

History (General) and history of Europe, History of Law
arXiv Open Access 2024
Preserving History through Augmented Reality

Annie Yang

Extended reality can weave together the fabric of the past, present, and future. A two-day design hackathon was held to bring the community together through a love for history and a common goal to use technology for good. Through interviewing an influential community elder, Emile Pitre, and referencing his book Revolution to Evolution, my team developed an augmented reality artifact to tell his story and preserve on revolutionary's legacy that impacted the University of Washington's history forever.

en cs.HC
arXiv Open Access 2024
The Causal Axioms of Algebraic Quantum Field Theory: A Diagnostic

Francisco Calderón

Algebraic quantum field theory (AQFT) puts forward three "causal axioms" that aim to characterize the theory as one that implements relativistic causation: the spectrum condition, microcausality, and primitive causality. In this paper, I aim to show, in a minimally technical way, that none of them fully explains the notion of causation appropriate for AQFT because they only capture some of the desiderata for relativistic causation I state or because it is often unclear how each axiom implements its respective desideratum. After this diagnostic, I will show that a fourth condition, local primitive causality (LPC), fully characterizes relativistic causation in the sense of fulfilling all the relevant desiderata. However, it only encompasses the virtues of the other axioms because it is implied by them, as I will show from a construction by Haag and Schroer (1962). Since the conjunction of the three causal axioms implies LPC and other important results in QFT that LPC does not imply, and since LPC helps clarify some of the shortcomings of the three axioms, I advocate for a holistic interpretation of how the axioms characterize the causal structure of AQFT against the strategy in the literature to rivalize the axioms and privilege one among them.

en math-ph, physics.hist-ph
DOAJ Open Access 2023
Zabójstwo kryminalne w Generalnym Gubernatorstwie. Studium przypadku z zakresu stosowania niemieckiego wojennego prawa karnego

Hubert Mielnik

Artykuł stanowi studium przypadku stosowania specjalnego niemieckiego nazistowskiego wojennego prawa karnego w Generalnym Gubernatorstwie, a dokładnie rozporządzenia o ochronie przed młodocianymi zbrodniarzami. Dokonano w nim szczegółowej analizy jednego postępowania karnego od powzięcia informacji o przestępstwie przez policję aż do wykonania kary. Sprawa będąca przedmiotem analizy została wybrana ze względu na jej szczególny charakter. Dotyczyła bowiem podwójnego zabójstwa (morderstwa) o podłożu kryminalnym, dokonanego przez młodocianego sprawcę na żydowskich ofiarach. W artykule przedstawiono, jak wyglądała praktyka stosowania prawa karnego w Generalnym Gubernatorstwie, mająca charakter przyspieszony i uproszczony. Podkreślono kwestię niejasności prawa, niepewności sytuacji oskarżonego oraz braku możliwości skutecznej obrony. Rozwój nazistowskiego prawa karnego następował w kierunku prawa karnego sprawcy. Niemieckie prawo karne stosowało bezwzględnie karę śmierci albo rozszerzało jej stosowanie.

History (General) and history of Europe, History of Law
S2 Open Access 2020
Constituent Power

Lucia Rubinelli

Recent social and political developments, including the presidential elections in the United States, antidemocratic state policies in Hungary and Poland, and the political climate in the rest of Europe have brought questions relating to the position and composition of ‘the people’ in constitutional democracies to the forefront. This book confronts these questions head on as leading scholars across the fields of law, legal theory, political theory and history explore the contemporary problems facing constitutional democracies. With a strong focus on constitutional law, this book examines the legal as well as the political power of ‘the people’ in constitutional democracies. Bringing together an international range of contributors from the USA, Latin America, the UK and continental Europe, it explores the complex relationship between constitutional democracy and ‘the people’ from the angles of constitutional law, legal theory, political theory, and history. Contributors explore this relationship through the lens of radical democracy, engaging with the work of key figures such as Hannah Arendt, Carl Schmitt, Claude Lefort, and Jacques Rancière.

79 sitasi en Political Science
DOAJ Open Access 2022
Life imprisonment: Life or 25 years, a law that requires interpretation, in Pakistan

Tabinda Shaheen, Nadia Khadam

The Pakistan Penal Code (PPC) transmits ten kinds of punishments among which the death sentence is certainly the most severe punishment, and the courts adopt stringent criteria in the assessment and appreciation of death sentence. Even the slightest deviation from the prescribed criteria of the verdict often compels the courts to convert a possible ‘capital punishment”, i.e., a death sentence, into life imprisonment because the PPC directs capital punishment as a distinct possibility, while “life imprisonment” seems as the “De Duobus Malis, Minus Est Semper Eligendum”; the lesser is always to be chosen. This legal implication raises numerous questions: If and how a life imprisonment that is enacted as 25 years is less heinous? What is the duration of life imprisonment? Besides, this legal loop hits too close to the human right standards and does not serve justice. Despite the long history of discussions, cases, and state laws, the time span of life imprisonment still needs an interpretation, and Pakistan is no exception to it. A mere read-through of the code is enough to raise this contention. An interpretation is required to settle the ambiguity in law. This research paper will shed light on the ways of imprisonment and its probable improvements in light of other common law following states. It will also describe whether 25 years as life imprisonment is enough to contemplate the meaning of statutes or is it actually subject to some conditions or is it life till death.

Fine Arts, Arts in general
DOAJ Open Access 2021
THE ADMINISTRATION OF ABKHAZIA ON THE EVE OF UPRISING IN 1866

Malvina Argun, Soslan Salakaya

The article considers the activities of the Russian Administration in Abkhazia after the abolition of the principality and, in particular, on the eve of the Lychny uprising of 1866. The first chief of the Sukhumskii voennyi otdel (Sukhum Military Department), as Abkhazia came to be called, Major General P. N. Shatilov's policy in support of the Abkhazian nobility was recognized by the Caucasian Administration as incorrect, therefore he was displaced. The new chief of the Sukhum Department, V. M. Konyar, suggested that the land had to be considered the property of the State, which could dispose of it entirely at its own discretion, and asserted that no one in Abkhazia could be recognized as a landowner. Members of the Editing Commission for the peasant reform had denied the local nobility their claims to the peasants and their lands, but at the same time, they were extremely rude and arrogant to the peasants. Mistrust of the representatives of the new Administration to the Abkhazian population, including the nobility, reluctance to reckon with the peculiarities of the local way of life, arrogance and rudeness of officials became the reasons for massive public protest.

Law, History of scholarship and learning. The humanities
DOAJ Open Access 2021
A qualitative study to understand drivers of psychoactive substance use among Nepalese youth.

Tulsi Ram Bhandari, Bhushan Khatiwada, Bibika Rajbhandari et al.

<h4>Background</h4>Psychoactive substance use among youth is an emerging public health issue in Nepal. This exploratory study aimed to better understand the drivers of psychoactive substance use among Nepalese youth in Rupandehi district of Nepal.<h4>Materials and methods</h4>This study used a qualitative approach for data collection. Both in-depth interviews (IDI, seven participants) and focus group discussions (FGD, 13 participants) were conducted among study participants who self-reported as psychoactive substance users or had history of psychoactive substance use. Participants for IDI were aged between 11 and 24 years and between 18 and 35 years old for FGDs. Semi-structured interview guides were prepared separately for IDIs and FDGs. Interviews were conducted in Nepali language and were audio recorded, which were there transcribed and translated into English for coding and analyses. In addition, interviews notes were taken by two research assistants. An inductive thematic analysis was used to analyze the data.<h4>Results</h4>This study identified a range of drivers of psychoactive substances use among Nepalese youths. Themes included (i) socio-cultural factors, (ii) individual factors, (iii) academic environment, (iv) physical environment and the (v) influence of media. The socio-cultural factors were categorized into sub-themes of family relationships, ethnic identity and psychoactive substance use and lack of social acceptance. Individual factors included peer pressure, stress relief and coping with financial challenges. Accessibility and availability of psychoactive substances in the surrounding environment and lack of monitoring and reinforcement of rules/ law and regulations were other drivers to psychoactive substance use among this Nepalese youth cohort.<h4>Conclusion</h4>Our study identified several important drivers of psychoactive substance use among youth in the Rupandehi district of Nepal. Future works are anticipated to further explore youth initiation and use of psychoactive substances and support the design of interventions that address these risk factors to reduce and prevent subsequent harms.

Medicine, Science
DOAJ Open Access 2021
Oedipus philosopher, innocent responsible

Francisco Marshall

In his two Oedipian tragedies (Oedipus Tyrannus and Oedipus Colonneus) Sophocles presents a complex portrait of human and political condition where we can think responsibility, will and guilt in their legal, philosophical and religious meanings. This article first contextualizes the tragic document and the history of the individual and Athenian law, then it analyzes of the case of Oedipus, especially by commenting his defense, as published in Oedipus Colonneus. Finally, both the pious attitude of the author, Sophocles, as well as the ambivalences of the human condition mimetized in the dramas, are pointed out. Key words: Oedipus, individual, responsibility, will, classical law.

Philosophy (General)
DOAJ Open Access 2021
The long shadow of childhood cancer: a qualitative study on insurance hardship among survivors of childhood cancer

Manya Jerina Hendriks, Erika Harju, Katharina Roser et al.

Abstract Background The long-term consequences of childhood cancer have received increasing attention due to the growing number of survivors over the past decades. However, insurance hardships of survivors are mostly unknown. This study explored qualitatively, in a sample of childhood cancer survivors (CCS), (i) the experiences and needs of CCS living in Switzerland with a special focus on hardships related to insurance; and (ii) the views of insurance and law experts with experience on childhood cancer. Methods Semi-structured interviews were conducted with 28 childhood cancer survivors and 3 experts (one legal expert, two insurance experts). Data was analysed using qualitative content analysis. Results Three key themes emerged from the interviews with the CCS: 1) experiences with insurance, 2) perception of discrimination, and 3) needs and barriers for support. The interviewed experts provided further detailed clarification of CCS’ concerns. Our findings indicated that some CCS can move past their cancer history, while others continue to face hardships. CCS reported confusion about the opportunities and services within the social security system and most relied on their personal contacts for guidance. Finally, CCS expressed a strong need for socio-economic and legal support for social insurance questions, especially related to disability insurance. Conclusions With the growing population of CCS, it is essential to further assess the interplay between medical and psychosocial health and socio-economic hardship. Supportive psychosocial services should aim to ameliorate insurance hardships. Better understanding of the relationship between childhood cancer and insurance hardships during survivorship will inform efforts to improve long-term financial security and health outcomes for survivors. We call for the public, lawmakers, researchers, insurers, and patient organizations to come together and discuss future perspectives to avoid the risk of discrimination for cancer survivors.

Public aspects of medicine
arXiv Open Access 2021
A parallel fast multipole method for a space-time boundary element method for the heat equation

Raphael Watschinger, Michal Merta, Günther Of et al.

We present a novel approach to the parallelization of the parabolic fast multipole method for a space-time boundary element method for the heat equation. We exploit the special temporal structure of the involved operators to provide an efficient distributed parallelization with respect to time and with a one-directional communication pattern. On top, we apply a task-based shared memory parallelization and SIMD vectorization. In the numerical tests we observe high efficiencies of our parallelization approach.

en math.NA, cs.DC
CrossRef Open Access 2020
HISTORY OF SEMIOTICS

ELS JISH

Literature is a medium which provide knowledge and information from the writer. Language is the source of literature and also the medium to communicate with others. Communication in daily activity especially in Indonesian tradition which include many expression and idioms in order to strengthen the tradition itself such as ‘maulid nabi’ which contains prayers to our prophet (Rahman, 2017). Based on Rahman’s research, there is a relation between language and literature. Rahman (2020) stated that literature is an identity which referred to ethno-literature. Ethno-literature is an oral form which maintained by the speaker through generations. Literature is a source of learning and entertainment for readers (Rahman, Amir P., &amp; Tammasse, 2019). One of literary work that has interesting aspects and has important role in literary research is Shakespeare’s writing as Rahman &amp; Weda (2019) in their research regarding linguistics deviation and rhetoric figures in Shakespeare’s selected plays.

DOAJ Open Access 2020
«In King Cambyses’ Vein»: Reconsidering the Relationship between Thomas Preston’s Cambises and Herodotus

Francesco Dall'Olio

The relationship between Thomas Preston’s early Elizabethan tragedy Cambises (printed 1569) and the Book III of Herodotus’ Histories has often been downplayed, owing to the lack of printed editions or translations of Herodotus in England at the time and the much more evident connection between the tragedy and the second book of Richard Taverner’s Garden of Wysedome (1547). However, a closer look at the play’s sources reveals how a connection may exist, and how the version of the story Preston staged may be influenced by the tale of Cambyses as presented by the ancient historian. The insistence on the relationship between the king and his subjects (a central issue in both Preston’s tragedy and its sources) may derive from Herodotus, especially if viewed in contrast with the previous versions of the story in medieval literature, the focus of which was mainly on the ethical exempla they provided. Through a comparison of those texts, and a consideration of the availability of Herodotus’ work at the time, either in print or in manuscript form, this paper will then suggest that the version Preston staged in his tragedy is closer to Herodotus than the previous literary tradition.

History of the Greco-Roman World, Greek language and literature. Latin language and literature

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