Hasil untuk "Public law"

Kamran Mahmoudiyan

One of the most fundamental and yet challenging issues in the philosophy of criminal law is understanding the relationship between morality and law, and determining the limits of the moral legitimacy of criminalization. In this context, Aristotelian moral philosophy—centered on concepts such as eudaimonia, virtue, and justice—provides important theoretical resources for grounding the principles of criminalization. However, common interpretations of Aristotle often suggest that he advocates a complete overlap between individual morality and legal regulation. A careful examination of his works, particularly within the framework of justice theory, reveals a clear and essential distinction between moral faults and legal faults.This study critically reexamines Aristotle’s conception of justice as a form of virtue, to clarify this distinction and explore its implications for the foundations of criminalization. The central question of this article is to investigate Aristotle’s theory of justice in relation to virtue, and to derive its implications for criminal law. The objectives of the study are: first, to explore the relationship between individual virtue and social justice within Aristotle’s ethical-political system; second, to analyze the role of key Aristotelian ethical concepts—such as good intention, the mean, practical wisdom (phronesis), and justice—in determining the limits of legislation; and third, to clarify the fundamental distinction between moral faults and legally punishable acts from Aristotle’s perspective. Ultimately, the study aims to establish the criterion of “harm to others” as the cornerstone of the legitimacy of criminalization in the Aristotelian framework.The research employs an analytical-critical methodology, drawing primarily from Aristotle’s key texts, particularly the Nicomachean Ethics and Politics. The methodology involves conceptual analysis of virtue ethics, logical deduction of its implications for criminal law, and critique of reductionist interpretations of Aristotelian justice. An interdisciplinary approach, bridging moral philosophy and the philosophy of criminal law, is also utilized.The findings indicate that Aristotelian ethics, with its emphasis on eudaimonia as the ultimate goal of human life, conceives virtue as a dispositional state grounded in conscious choice and situated within the mean between extremes. The full realization of virtue requires the simultaneous presence of good intention and right action, meaning that ethical judgment ultimately depends on the agent’s motivation. Key concepts in this ethical system—such as the mean, which is context- and person-dependent, and practical wisdom (phronesis), the capacity to discern the right course of action in particular circumstances—are inherently agent-centered and situational. Consequently, Aristotelian ethics cannot directly provide a basis for fixed legal rules, since determining the right action requires the judgment of a virtuous agent (phronimos) in a specific context, and cannot be reduced to universal principles.Justice, in this framework, serves as the bridge between virtue and law. Aristotle distinguishes between general (universal) justice and particular (specific) justice. General justice refers to complete virtue in relation to others and conformity with the law, thus defining the scope of legislation and criminalization. Particular justice, on the other hand, is divided into distributive justice—concerned with the allocation of resources and positions based on merit—and corrective or rectificatory justice, aimed at restoring balance after harm has occurred. Crucially, from Aristotle’s perspective, the domain of law is defined by the criterion of “harm to others.” In other words, legitimate legislation is not intended to guide individual morality, but rather to preserve collective well-being and prevent harm to others. This criterion establishes a clear boundary between moral faults—concerned with individual character—and legal faults or punishable acts.The study demonstrates that Aristotle does not conflate individual morality with law. Certain acts, such as murder, theft, and adultery, may be regarded as “pre-legal” or “intrinsically wrong” because they inherently disrupt human relations, regardless of positive law. Therefore, the central criterion for criminalization in the Aristotelian framework is objective harm to others, or the undermining of the common good and the conditions necessary for societal flourishing. This perspective explicitly rejects legal paternalism, which involves government intervention solely for individual welfare without harm to others.Although practical wisdom is an individual attribute, mechanisms can be devised to institutionalize it within legislation and adjudication. The legislator, acting as a phronetic agent, can identify and criminalize public vices—collective patterns of behavior harmful to society—while considering the common good and citizens’ flourishing. Likewise, judges can assess intent, conscious choice, and situational factors through practical wisdom to determine the extent of criminal liability. Thus, virtue theory informs not only the definition of criminal acts but also the assessment of legal responsibility.In conclusion, Aristotelian virtue ethics, despite being agent-centered and context-sensitive, provides a coherent moral foundation for criminalization through the lens of justice and the central criterion of “harm to others.” In this framework, legitimate criminal legislation rests on two pillars: first, the criminalization of intrinsically harmful pre-legal acts, such as murder and theft; and second, the criminalization of public vices that objectively undermine collective welfare and citizens’ potential for flourishing. This approach, by avoiding both moral relativism and legal paternalism and by clearly distinguishing between individual ethics and law, offers a balanced and coherent solution to the problem of criminalization. In this model, the practical wisdom of legislators and judges replaces rigid, inflexible rules without leading to subjectivism or arbitrariness in law.

László Hajdu, Jovan Pavlović, Miklós Krész et al.

Understanding the dynamics of passenger interactions and their epidemiological impact throughout public transportation systems is crucial for both service efficiency and public health. High passenger density and close physical proximity has been shown to accelerate the spread of infectious diseases. During the COVID-19 pandemic, many public transportation companies took measures to slow down and minimize disease spreading. One of these measures was introducing spacing and capacity constraints to public transit vehicles. Our objective is to explore the effects of demand changes and transportation measures from an epidemiological point of view, offering alternative measures to public transportation companies to keep the system alive while minimizing the epidemiological risk as much as possible.

Gui Zhang, Xiaojin Xiong, Bin Pin et al.

In real-world social and economic systems, the provisioning of public goods generally entails continuous interactions among individuals, with decisions to cooperate or defect being influenced by dynamic factors such as timing, resource availability, and the duration of engagement. However, the traditional public goods game ignores the asynchrony of the strategy adopted by players in the game. To address this problem, we propose a spatial public goods game that integrates an M/M/1 queueing system to simulate the dynamic flow of player interactions. We use a birth-death process to characterize the stochastic dynamics of this queueing system, with players arriving following a Poisson process and service times being exponentially distributed under a first-come-first-served basis with finite queue capacity. We also incorporate reputation so that players who have cooperated in the past are more likely to be chosen for future interactions. Our research shows that a high arrival rate, low service rate, and the reputation mechanism jointly facilitate the emergence of cooperative individuals in the network, which thus provides an interesting and new perspective for the provisioning of public goods.

J. Carlos Martínez Mori, Alejandro Toriello

We consider the cooperative elements that arise in the design of public goods, such as transportation policies and infrastructure. These involve a variety of stakeholders: governments, businesses, advocates, and users. Their eventual deployment depends on the decision maker's ability to garner sufficient support from each of these groups; we formalize these strategic requirements from the perspective of cooperative game theory. Specifically, we introduce non-transferable utility, linear production (NTU LP) games, which combine the game-theoretic tensions inherent in public decision-making with the modeling flexibility of linear programming. We derive structural properties regarding the non-emptiness, representability and complexity of the core, a solution concept that models the viability of cooperation. In particular, we provide fairly general sufficient conditions under which the core of an NTU LP game is guaranteed to be non-empty, prove that determining membership in the core is co-NP-complete, and develop a cutting plane algorithm to optimize various social welfare objectives subject to core membership. Lastly, we apply these results in a data-driven case study on service plan optimization for the Chicago bus system. As our study illustrates, cooperation is necessary for the successful deployment of transportation service plans and similar public goods, but it may also have adverse or counterintuitive distributive implications.

Attila Zsitnyányi, János Petrányi, Jácint Jónás et al.

The reduction in the effective dose of evacuated injured persons through contaminated areas of nuclear accidents is an essential emergency services requirement. In this context, there appeared a need to develop a dose-optimised route finding method for firefighting rescue vehicles, which includes the development of a real-time decision support measurement and evaluation system. This determines and visualises the radiation exposure of possible routes in a tested area. The system inside and outside of the vehicle measures the ambient dose equivalent rate, the gamma spectra, and also the airborne radioactive aerosol and iodine levels. The method uses gamma radiation measuring NaI(Tl) scintillation detectors mounted on the outside of the vehicle, to determine the dose rate inside the vehicle using the previously recorded attenuation conversation function, while continuously collecting the air through a filter and using an alpha, beta, and gamma radiation measuring NaI(Tl)+ PVT + ZnS(Ag) scintillator to determine the activity concentration in the air, using these measured values to determine the effective dose for all routes and all kinds of vehicles. The energy-dependent shielding effect of the vehicle, the filtering efficiency of the collective protection equipment, and the vehicle’s speed and travel time were taken into account. The results were validated by using gamma point sources with different activity and energy levels. The measurement results under real conditions and available real accident data used in our simulations for three different vehicles and pedestrians proved the applicability of the system. During a nuclear accident based on our model calculations, the inhalation of radioactive aerosols causes a dose almost an order of magnitude higher than the external gamma radiation caused by the fallout contamination. The selection of the appropriate vehicle and its route is determined by the spectrum that can be measured at the accident site but especially by the radioactive aerosol concentration in the air that can be measured in the area. In the case of radiation measuring detectors, the shielding effect of the carrier vehicle must be taken into account, especially in the case of heavy shielding vehicles. The method provides an excellent opportunity to reduce the damage to the health of accident victims and first responders during rescue operations.

Mathias Kuhnt, Peter Müßig, Tilman Reitz

The German system of higher education and public research is characterized by a high rate of temporary contracts with short contract durations and a nearly complete absence of structured career options. About 82% of employees not holding a full professorship have fixed-term contracts, with an average contract period of 20 months. This is facilitated by a special fixed-term employment law (Wissenschaftszeitvertragsgesetz) which universities and other public research institutions have stretched to its limits. Against the background of a survey which we conducted in 2021 and whose results once more demonstrate the shortcomings of this system, we discuss alternative options in the form of model calculations. We propose a reform of employment structures and career paths that could improve not only personal working conditions but also ensure the quality of research and teaching in German academia. By quantitative comparison with the current employment situation, our model calculation demonstrates that plannable career decisions can be enabled at an early stage without changing budgets or teaching duties. We also show that the counter argument of a “congestion” of positions is not substantiated, and that young scholars will still have the opportunity to start a career in the reformed system, while the total number of employees can be kept nearly constant.

Charlotte E. Chong, Thi Mui Pham, Megan E. Carey et al.

The Antimicrobial Resistance - Genomes, Big Data and Emerging Technologies Conference explored key topics including measuring the burden of AMR, global public health pathogen genomics infrastructure and surveillance, translation and implementation of genomics for AMR control, use of techniques such as wastewater surveillance, mathematical and statistical modelling, and Artificial Intelligence (AI) to aid understanding of AMR. This report describes research presented during plenary sessions and discussions, keynote presentations and posters.

Ana Díaz Bernardos

El uso de los criptoactivos ha experimentado un notorio aumento en los últimos años, introduciendo consigo una serie de conceptos novedosos en la economía española. Este fenómeno ha permitido a los usuarios operar de nuevas formas, lo que entraña una serie de ventajas y riesgos inherentes que deberían conocer. Las ventajas asociadas a estos activos financieros han supuesto un reclamo que ha hecho que cada vez más individuos hagan uso de los mismos. Esta atracción se ha traducido en una mayor presencia de los criptoactivos en las investigaciones policiales, utilizados como medio de pago, promocionados como inversiones con rendimientos rápidos e incluso utilizados en operativas de blanqueo de capitales procedentes de todo tipo de delitos. La versatilidad en su utilización y su cada vez más marcada presencia en la sociedad plantea desafíos significativos para las autoridades, que deben, sin limitar las oportunidades legítimas que los criptoactivos pueden ofrecer, adaptar su legislación para salvaguardar a la población frente a los posibles riesgos asociados a los criptoactivos y fomentar su uso responsable y seguro. En este sentido, las Fuerzas y Cuerpos de Seguridad están en la obligación de proteger a los ciudadanos en este nuevo ámbito virtual que se presenta.

Christopher J. Byrne, Fabio Sani, Donna Thain et al.

Abstract Background and aims Psychological and social status, and environmental context, may mediate the likelihood of experiencing overdose subsequent to illicit drug use. The aim of this systematic review was to identify and synthesise psychosocial factors associated with overdose among people who use drugs. Methods This review was registered on Prospero (CRD42021242495). Systematic record searches were undertaken in databases of peer-reviewed literature (Medline, Embase, PsycINFO, and Cinahl) and grey literature sources (Google Scholar) for work published up to and including 14 February 2023. Reference lists of selected full-text papers were searched for additional records. Studies were eligible if they included people who use drugs with a focus on relationships between psychosocial factors and overdose subsequent to illicit drug use. Results were tabulated and narratively synthesised. Results Twenty-six studies were included in the review, with 150,625 participants: of those 3,383–4072 (3%) experienced overdose. Twenty-one (81%) studies were conducted in North America and 23 (89%) reported polydrug use. Psychosocial factors associated with risk of overdose (n = 103) were identified and thematically organised into ten groups. These were: income; housing instability; incarceration; traumatic experiences; overdose risk perception and past experience; healthcare experiences; perception of own drug use and injecting skills; injecting setting; conditions with physical environment; and social network traits. Conclusions Global rates of overdose continue to increase, and many guidelines recommend psychosocial interventions for dependent drug use. The factors identified here provide useful targets for practitioners to focus on at the individual level, but many identified will require wider policy changes to affect positive change. Future research should seek to develop and trial interventions targeting factors identified, whilst advocacy for key policy reforms to reduce harm must continue.

Sumegha Asthana, Sanjana Mukherjee, Alexandra L. Phelan et al.

Summary: Background: Decision-making during health crises differs from routine decision-making and is constrained by ambiguity about evolving epidemiological situations, urgency of response, lack of evidence, and fear. Recent analyses of governance and decision-making during COVID-19, focusing on leadership qualities, involvement of specific stakeholders, and effective resource management, do not adequately address a persisting gap in understanding the determinants of decision-making during health crises at the national level. Methods: We undertook a study to understand the processes and characteristics of decision-making during the COVID-19 pandemic in Singapore. We used a case study approach and collected empirical evidence about public health decision-making, using a combination of key informant interviews and focus group discussions with stakeholders from government, academia and civil society organizations. Findings: We argue that administrative centralization and political legitimacy played important roles in agile governance and decision-making during the pandemic in Singapore. We demonstrate the role of the Singapore government's centralization in creating a unified and coherent governance model for emergency response and the People's Action Party's (PAP) legitimacy in facilitating people's trust in the government. Health system resilience and financial reserves further facilitated an agile response, yet community participation and prioritization of vulnerable migrant populations were insufficient in the governance processes. Interpretation: Our analysis contributes to the theory and practice of crisis decision-making by highlighting the role of political and administrative determinants in agile crisis decision-making. Funding: This study is funded by the U.S. Centers for Disease Control and Prevention through a Cooperative Research Agreement (NU2HGH2020000037).

José Ramón Chaves García, Juan José Rastrollo Suárez

A lo largo de la presente sección presentamos una síntesis de la jurisprudencia casacional sobre empleo público más significativa durante el segundo período del año 2023.

Yann-Meing Law, Daniel Appelö, Thomas Hagstrom

We propose a novel Hermite-Taylor correction function method to handle embedded boundary and interface conditions for Maxwell's equations. The Hermite-Taylor method evolves the electromagnetic fields and their derivatives through order $m$ in each Cartesian coordinate. This makes the development of a systematic approach to enforce boundary and interface conditions difficult. Here we use the correction function method to update the numerical solution where the Hermite-Taylor method cannot be applied directly. Time derivatives of boundary and interface conditions, converted into spatial derivatives, are enforced to obtain a stable method and relax the time-step size restriction of the Hermite-Taylor correction function method. The proposed high-order method offers a flexible systematic approach to handle embedded boundary and interface problems, including problems with discontinuous solutions at the interface. This method is also easily adaptable to other first order hyperbolic systems.

Xin Gu, Gautam Kamath, Zhiwei Steven Wu

Differentially private stochastic gradient descent privatizes model training by injecting noise into each iteration, where the noise magnitude increases with the number of model parameters. Recent works suggest that we can reduce the noise by leveraging public data for private machine learning, by projecting gradients onto a subspace prescribed by the public data. However, given a choice of public datasets, it is not a priori clear which one may be most appropriate for the private task. We give an algorithm for selecting a public dataset by measuring a low-dimensional subspace distance between gradients of the public and private examples. We provide theoretical analysis demonstrating that the excess risk scales with this subspace distance. This distance is easy to compute and robust to modifications in the setting. Empirical evaluation shows that trained model accuracy is monotone in this distance.

Shai Ben-David, Alex Bie, Clément L. Canonne et al.

We study the problem of private distribution learning with access to public data. In this setup, which we refer to as public-private learning, the learner is given public and private samples drawn from an unknown distribution $p$ belonging to a class $\mathcal Q$, with the goal of outputting an estimate of $p$ while adhering to privacy constraints (here, pure differential privacy) only with respect to the private samples. We show that the public-private learnability of a class $\mathcal Q$ is connected to the existence of a sample compression scheme for $\mathcal Q$, as well as to an intermediate notion we refer to as list learning. Leveraging this connection: (1) approximately recovers previous results on Gaussians over $\mathbb R^d$; and (2) leads to new ones, including sample complexity upper bounds for arbitrary $k$-mixtures of Gaussians over $\mathbb R^d$, results for agnostic and distribution-shift resistant learners, as well as closure properties for public-private learnability under taking mixtures and products of distributions. Finally, via the connection to list learning, we show that for Gaussians in $\mathbb R^d$, at least $d$ public samples are necessary for private learnability, which is close to the known upper bound of $d+1$ public samples.

Lucas Potin, Vincent Labatut, Pierre-Henri Morand et al.

Public Procurement refers to governments' purchasing activities of goods, services, and construction of public works. In the European Union (EU), it is an essential sector, corresponding to 15% of the GDP. EU public procurement generates large amounts of data, because award notices related to contracts exceeding a predefined threshold must be published on the TED (EU's official journal). Under the framework of the DeCoMaP project, which aims at leveraging such data in order to predict fraud in public procurement, we constitute the FOPPA (French Open Public Procurement Award notices) database. It contains the description of 1,380,965 lots obtained from the TED, covering the 2010--2020 period for France. We detect a number of substantial issues in these data, and propose a set of automated and semi-automated methods to solve them and produce a usable database. It can be leveraged to study public procurement in an academic setting, but also to facilitate the monitoring of public policies, and to improve the quality of the data offered to buyers and suppliers.

Carlos Espirito Machuca Fuentes

Recientemente (julio de 2022) se ha inaugurado en Trujillo, al norte del Perú, la Unidad de Flagrancia dentro del denominado Centro Integrado del Sistema de Administración de Justicia, en el que destacan el Poder Judicial y el Ministerio Público, en ambientes reducidos y unificados. La necesidad de soluciones para afrontar oportunamente los casos donde el que comete un delito es aprehendido casi de manera instantánea o dentro de los supuestos de la denominada «flagrancia» han dado como resultado el implementar ambientes como el señalado, en especial en lugares en los cuales el nivel de delincuencia resulta elevado. ¿Son estos mecanismos eficaces para reducir la criminalidad? En las siguientes líneas trataremos de alcanzar algunas explicaciones.

Syamsurizal Abas

Tulisan ini membahas tentang tukar guling tanah wakaf dan penarikan kembali harta benda wakaf. wakaf adalah perbuatan hukum wakif untuk memisahkan dan/atau menyerahkan sebagian harta benda miliknya untuk dimanfaatkan selamanya atau untuk jangka waktu tertentu sesuai dengan kepentingannya guna keperluan ibadah dan/atau kesejahteraan umum menurut syariah. Tukar guling wakaf merupakan kegiatan menukar tanah wakaf dengan tanah yang baru untuk kemudian dipindahkan. Pada dasarnya perubahan peruntukkan atau penggunaan wakaf tanah milik selain yang diikrarkan dalam ikrar wakaf tidak dapat dirubah Dalam pandangan fikih, para ulama berbeda pendapat terkait dengan tukar guling tanah wakaf, yakni sebagian membolehkan dan sebagian yang lain melarangnya. Sebagian ulama Syafi’iyyah dan Malikiyah berpendapat, bahwa benda wakaf yang sudah tidak berfungsi, tetap tidak boleh dijual, ditukar atau diganti dan dipindahkan. Dalam konteks penarikan kembali benda wakaf, Abu Hanifah, berpendapat bahwa seseorang yang mewakafkan hartanya pada saat dia masih hidup berhak untuk membatalkan wakaf dengan menarik kembali hartanya. Bagi ulama Syafi'iyah, wakaf itu mengikat dan karenanya tidak bisa ditarik kembali atau diperjual belikan, digadaikan, dan diwariskan oleh wakif.

Sophia Lobozynska, Iryna Skomorovych, Ulyana Vladychyn

The rapid development of digital financial technologies in Ukraine leads to the emergence of new risks and to significant consumers’ losses in the financial market. The aim of the study is to develop strategic directions of state policy of consumer protection in the digital financial services market considering the best world practices and features of the financial system of Ukraine. System scientific analysis was used to study the possibilities of implementing international quality standards for digital financial services in Ukrainian legislation. The method of statistical analysis of data was used to form the imperial basis of the study. Based on the global experience and taking into account the peculiarities of Ukrainian fintech market the state policy should consist of three strategic directions: 1) create a system of legal regulation of the mechanism of protection of consumers’ rights of digital financial services; 2) introducing a risk-oriented approach to regulating the digital financial services delivery process to consumers; 3) strengthening of digital financial literacy and public awareness. Such state policy will form a reliable system of consumer protection in the digital services market in Ukraine.

Mary Ann E. Ignaco

In the Philippines, reporting an incident always depends on self-reporting to the nearest law enforcer's office or calling a channel using a mobile phone. 911 is the National Emergency hotline to get assistance when an emergency occurs. However, the emergency hotline operated by the Emergency Network Philippines (ENP), cannot retrieve the reporter's location details immediately. Only when the reporters describe the exact location clearly. Yet, many circumstances that the reporters do not know when they are, or sometimes they have imprecise position information. Then, the law enforcers team may not be able to come to the right place efficiently on time.  The incident reporting application incorporates the three types of incidents, classified as public disturbance, ordinance violation, and crime incident. To report an incident the application will automatically get the latitude and longitude of the mobile user or an option to manually pinned the location on the google map include also the incident type, description, and photos will be sent to the nearest barangay responder officer. The barangay responder officer able to request a backup officer, the rescue emergency unit such as a hospital ambulance or firefighters, or transfer a report to the nearest police station. The system also manages web admin for responder locations and generates statistical reports including charts and graphs.  The positive feedback of the participants during the evaluation stage signifies that the application was accepted as tested and verified by the evaluation results.

Frederick Law, Antoine Cerfon, Benjamin Peherstorfer

In the design of stellarators, energetic particle confinement is a critical point of concern which remains challenging to study from a numerical point of view. Standard Monte Carlo analyses are highly expensive because a large number of particle trajectories need to be integrated over long time scales, and small time steps must be taken to accurately capture the features of the wide variety of trajectories. Even when they are based on guiding center trajectories, as opposed to full-orbit trajectories, these standard Monte Carlo studies are too expensive to be included in most stellarator optimization codes. We present the first multifidelity Monte Carlo scheme for accelerating the estimation of energetic particle confinement in stellarators. Our approach relies on a two-level hierarchy, in which a guiding center model serves as the high-fidelity model, and a data-driven linear interpolant is leveraged as the low-fidelity surrogate model. We apply multifidelity Monte Carlo to the study of energetic particle confinement in a 4-period quasi-helically symmetric stellarator, assessing various metrics of confinement. Stemming from the very high computational efficiency of our surrogate model as well as its sufficient correlation to the high-fidelity model, we obtain speedups of up to 10 with multifidelity Monte Carlo compared to standard Monte Carlo.