Hasil untuk "History of Law"

Vatlin A.Yu.

In the tragedy of the Russian Black Sea Fleet drowned near Novorossiysk due to the threat of capture by Germany, the return of several ships to German-occupied Sevastopol remains the little-known page of history. The further fate of the ships themselves, with their crews including their possible participation in the military operations on the side of Central Powers was being resolved during the negotiations between Moscow and Berlin right up to October 1918 as it was one of the components of the Soviet - German relations after Brest-Litovsk Peace Treaty.The Soviet Russia Plenipotentiary mission in Berlin, which began its work after the signing of the Brest Treaty, played a key role in the negotiations. A.A. Ioffe, who headed it, arrived in Germany at the end of April and immediately began to resolve the conflict related to the occupation of Crimea and the withdrawal of ships of the Black Sea Fleet from Sevastopol. Their fate was given special attention in the Extension Treaty between Russia and Germany, which provided for the possibility of their use against the Triple Entente fleet in the Black Sea. The curtailment of military operations on land and the signing of the Armistice of 11 November 1918 put an end to the fate of the ships that returned to Sevastopol. They were transferred by the Triple Entente to the white armies that controlled the South of the former Russian Empire.

Bogdan Lesiv

A realistic approach to common law is one of the most authoritative views on the role and potential of judges in law-making. American judge Oliver Wendell Holmes, Jr. was a mastermind of legal realism and held a very special position among his fellows. Conventionally, legal realism is considered a progressive and innovative movement of the late XIX and the first half of the XX centuries. However, as this study demonstrates in several respects, some of its proponents can be labelled conservatives who defended their view of the traditional approach of judge-made law. Realists inspired by Holmes countered the formalist trends within common law, which was initially and historically alien to them (e.g. Langdellism). The formalist methodology and its results were often reminiscent of the Reception of Roman Law, which ancient common law rejected. Not surprisingly, it was highly criticized as an imposition of artificially invented legal ideals on a particular society regardless of its real-life experience. Based on Holmes’s original writings and their credible interpretations, this survey aims to explore his anti-formalist approach within a broader context of its theoretical origins. It reveals the historical and legal roots of the ‘realism formalism’ antagonism in the common law, reflecting, as a result, the global contrast of two civilizational approaches to legal epistemology (common law v. civil law). Case-based conceptual legal thinking typical for common law is considered through the lens of Holmes’s findings on the process of gradual formation of legal principles. Realistic aspiration to ensure that law reflects the actual demands of the community is explained as a claim for real democracy as opposed to the formal one. A refreshing contextual view of Holmes’s teachings may unfold for a continental reader the possibility of treating the modern concept of deliberative democracy and models of constitutional interpretation, such as the living constitution or popular constitutionalism, from the perspective of a realistic approach.

D. Kazanas

Samuel Dale

Photo 29553598 / Aristotle © Eleftherios Damianidis | Dreamstime.com INTRODUCTION Bioethics does not have an explicitly stated and agreed upon means of resolving conflicts between normative theories. As such, bioethics lacks an essential feature – action guidance ― an effective translation from theory to practice. While the normative approaches and historical precedents of bioethics may discourage overtly egregious acts, the bioethical discipline does not offer decisive guidance in situations with multiple competing normative approaches. For example, Utilitarians and Kantians offer diametrically opposed guidance in emblematic cases like the trolley problem in which saving a greater number of people conflicts with the imperative to treat persons as ends-in-themselves rather than a means to an end. The predominant framework in bioethics, principlism, also suffers from a lack of action guidance.[1] The consequences of a ‘toothless’ bioethics impeded by misaligned principles and conflicting normative theories are disastrous – not only in death count but also in moral injury and societal fracture. This paper argues that while there is no ‘one theory to rule them all,’ a virtue-based approach to bioethics can ameliorate the adjudication problem. Bioethics ought to embody moral strength but has often provided indecisive guidance due to its awkward theoretical architecture. In defence of bioethics, many actors control societal level decision making. Thus, the onus does not rest entirely on bioethicists but also leaders in government and healthcare. This paper critiques principlism as internally incongruous, as it is composed of elements from multiple ethical theories. Understanding this, it is seen that the entirety of theoretical bioethics, as composed of conflicting normative approaches, also suffers from this action-guidance problem.[2] l.     The Birth of Bioethics Amid Tragedy Bioethics was born out of tragedy. During the Nuremberg Trials of 1946-47, a cohort of French, American, British, and Soviet judges forced the Nazi doctors and architects of the Holocaust to stand trial for their egregious actions and feel the firm hand of justice. In an example of ex post facto law, the global community identified unethical action and indicted Germans for breaking natural law.[3] As a result, the Nuremberg Code arose to prevent crimes against human research subjects. It outlines the parameters of ethical research and is a foundational document of modern bioethics.[4] Early bioethics pronounced immorality and offered decisive guidance, laying the groundwork for an internationally unified theory of negative morality – that which is never permissible. Tuskegee was another foundational tragedy in the history of bioethical discipline. In 1932, the US Public Health Service recruited six hundred African American men from Macon County, Alabama for a study on the effects of untreated syphilis.[5] The researchers failed to obtain informed consent and intentionally withheld information regarding the disease or the nature of the study. The researchers did not offer any men the cure, penicillin, which was discovered midway through the experiment. Many men died during the study. The perpetrators evaded justice until 1972. Tuskegee sparked a new paradigm of bioethics, including the US federal policies, the establishment of ethics review boards, and informed consent as a core tenet of biomedical practice.[6] The National Research Act of 1974 and the Belmont Report of 1978 laid new ground for research ethics and set the tone for the contemporary practice of bioethics. ll.     The Rise of Principlism These two cases demonstrate the nature of the early days of bioethics. It largely lacked high-level theory and appealed more to generally agreed upon moral facts and common-sense morality. However, as medicine advanced, increasingly complex biomedical issues created problems that required greater appeals to theory.[7] The “heroic” phase of bioethics saw “theorists aspire to construct symmetrical cathedrals of normative thought.”[8] In the wake of the Tuskegee Syphilis Study, Tom Beauchamp and James Childress helped draft the Belmont Report, a bulwark intended to prevent future atrocities in human research trials. The document aimed to curtail the utilitarianism implicit in medical research and add essential considerations of the subjects themselves, including respect for persons, beneficence, and justice.[9] It also served as the bedrock of the theoretical architecture of principlism. In 1979, Beauchamp and Childress’ published Principles of Biomedical Ethics, which is arguably the most influential text in bioethics scholarship. It attempts to incorporate some main theoretical approaches to ethics in a unified moral theory: autonomy reflects the work of Kant; beneficence aligns with utilitarianism; non-maleficence is reminiscent of Hippocrates; and justice borrows heavily from Rawls.[10] These four principles have become canonical in academic bioethics. However, doubts remain as to their effectiveness in guiding action toward ethical aims given how scholars contend that “ethical expertise cannot be codified in principles.”[11]  lll.     A Critique of Principlism Clouser & Gert say: At best, ‘principles’ operate primarily as checklists naming issues worth remembering when considering a biomedical moral issue. At worst ‘principles’ obscure and confuse moral reasoning by their failure to be guidelines and by their eclectic and unsystematic use of moral theory.[12] To this point, principlism is no more than a flashlight – a tool to illuminate the ethical landscape. Viewing cases through the lens of moral principles can reveal the salient moral features, but it ultimately provides no guidance for adjudication, hereby referred to as the adjudication problem. Consequently, the doctor’s moral intuition has de facto weight, and the principles are merely a post hoc justification for any given action they choose. Using the four principles to decide the right course of moral action is “tantamount to using two, three, or four conflicting moral theories to decide a case.”[13] Principlism attempts to reap the benefit of multiple ethical theories, each with unambiguous goals. When blended, the result is discordant directives. These conflicting principles “provide no systematic guidance” for real world dilemmas.[14] Other ethical theories have faults too. Kantians leave no room for exceptions for exigency, and utilitarianism ‘crosses the line’ far too often. At least these theories decisively guide action and provide unambiguous justification for doing so. Utilitarianism is quite measurable: “Provide the greatest good for the greatest number” – sure! Done. Kant’s ethical imperative has a clear rule: “Never treat humans as a mere means to an end” – certainly, will do. Principlism merely provides “a check list of considerations” that doctors can cross off one by one before going about their originally intended course of action.[15] Worse, the internally disharmonious nature of principlism allows doctors to justify ethically dubious decisions. An important goal of bioethics is avoiding the following scenario: a doctor faces with a moral dilemma. He can choose Option A or Option B. Let’s say B is morally preferrable on a consensus view. However, his moral intuition guides him toward Option A. Having completed his required course on biomedical ethics in medical school, he recalls a few theories which are relevant to his case. He considers the four principles but autonomy conflicts with beneficence, which does not yield a straightforward, practical directive, so he disregards principlism for the case at hand. Kantian ethics disagrees with his intuition, but utilitarianism may support it. He goes ahead with Option A, claiming utilitarianism supported his actions. He, therefore, provides post hoc justification for Option A, using whichever theory agrees with his judgment.  Reliance on intuition when the principles conflict is an intractable problem “unless one is willing to grant privileged epistemological status to the moral judgments (calling them "intuitions") or to the moral principles (calling them "self-evident" or otherwise a priori”).[16] Neither deserves a privileged epistemological status. Moral intuitions can possess prejudice or ignorance, and moral principles can demonstrably conflict, offering no guidance. Realistically, most people “pay little attention to theories when they make moral decisions,” and when they do, post hoc rationalization often follows. When discipline is used as an afterthought, it provides justifications for potentially unethical actions. lV.     Virtue Ethics: A Provisional Solution Virtue ethics may provide a workaround. It emphasizes the disposition and character of the moral agent instead of abstract theories, making it a practical choice. As Jacobson writes, “ethical dictates cannot be codified in general rules applicable to particular situations by someone who lacks virtue.”[17] Ethical theories can still highlight moral lapses and dilemmas, but since they do not decisively guide action, bioethics must focus on moral agents’ decision-making abilities. Aristotelian virtue as a provisional solution to the adjudication problem also accounts for the “multiple and heterogeneous” particularities which other theories often neglect.[18] Aristotle said that "phronesis [practical wisdom] deals with the ultimate particular and this is done by perception (aisthesis) rather than science (episteme).”[19] Scientific knowledge in the case of bioethics may appropriately refer to medical facts. Perception refers to the moral intuition of an individual agent as applied to a given scenario. Jonsen goes further, however, interpreting this perception as “the appreciative sight of a constellation of ideas, arguments, and facts about the case, seen as a whole.”[20] Phronesis, or practical wisdom, is the cardinal virtue of Aristotelian virtue ethics. It enables the agent to consider the relevant facts and act in the most prudent, courageous, or tempered manner. This paper proposes that in the face of intractable theoretical disagreements, the only way forward for bioethics is to educate bioethics practitioners and students in this tradition. V.     Counterargument So far, this paper has argued that bioethics is relatively toothless and needs to give clear guidance due to theoretical disagreements and the intractable differences between normative approaches. And yet, some may object to the notion that bioethics ought to have these proverbial teeth. In this view, bioethics merely acts as a sounding board for those in executive roles (doctors, lawyers, politicians) to better understand the moral landscape of the problem. To them, bioethics’ failure to decisively guide action is acceptable because it should not. If this is the case, then bioethics need not speak with one voice and should cherish the long-standing, obstinate disagreements between different theoretical camps. But this paper contends the opposite. If bioethics continues to offer conflicting imperatives and fails to demonstrably guide individuals, hospitals, and society toward clear ethical aims and outcomes, it has failed as a discipline. One might argue that virtue theory is not an ideal framework to replace principlism because individuals approach ethical problems in many ways based on features of their character and background. Injecting one’s character into moral decisions can lead to bias. As Carl Elliot writes, “how a moral problem is described will turn on an array of variables: the role and degree of involvement in the case of the person who is describing it, the person’s particular profession or discipline, her religious and cultural inheritance-indeed, with all of the intangibles that have contributed to her character.”[21] Self-awareness may counteract personal biases in moral decision making. Vl.     Limitation Virtue ethics is only a provisional solution to the adjudication problem for two reasons. One, not everyone is inherently virtuous, and two, theoretical differences may be resolved. If deontology and consequentialism can be incorporated into a unified theory for bioethics, then virtue ethics may not be necessary. On a certain view, it would be ideal for ethics to be computational – plug in the relevant variables and receive the morally correct answer. Arguably, principlism was an attempt at such a matrix, but it ultimately failed as a unified theory. Rather than waiting for a perfect unified theory, we must count on the genuine virtue of the moral agents who make ethically important decisions from policy to bedside. If practical wisdom is not a characteristic of these agents, then their decisions will not be as ethical as they ought to be, and no theory is the panacea to such a problem. CONCLUSION Bioethics emerged out of unified responses to clear cases of moral depravity, like the Holocaust and Tuskegee, and perhaps bioethics is most appropriate for such cases which are conducive to moral certitude. At minimum, bioethics offers meaningful guidance in cases where the relevant duties align with beneficent consequences. For example, in both the Nuremberg and Tuskegee cases, abrogating fundamental duties to humanity led to grievous consequences. The principles developed in the wake of such problems led to a conflict between autonomy and beneficence, which perhaps mirror the conflict between Kantian deontology and utilitarianism. Bioethics excels when deontology and utilitarianism are aligned, but most of the time, they are not. In such instances, virtue is needed to adjudicate conflicting normative approaches and resolve theoretical tensions with practical wisdom and courage. - [1] Clouser, K. D., & Gert, B. (1990). A Critique of Principlism, The Journal of Medicine and Philosophy: A Forum for Bioethics and Philosophy of Medicine, Volume 15, Issue 2, April 1990, Pages 219–236, https://doi.org/10.1093/jmp/15.2.219 [2] Clouser, K. D., & Gert, B. (1990). [3] Annas, G. J. (2010). The legacy of the Nuremberg Doctors’ Trial to American bioethics and human rights. In Medicine After the Holocaust (pp. 93-105). Palgrave Macmillan, New York. https://scholarship.law.umn.edu/mjlst/vol10/iss1/4 [4] Annas, G. J. (2010). The legacy of the Nuremberg Doctors’ Trial to American bioethics and human rights. In Medicine After the Holocaust (pp. 93-105). Palgrave Macmillan, New York. https://scholarship.law.umn.edu/mjlst/vol10/iss1/4 [5] Barrett, L. A. (2019). Tuskegee Syphilis Study of 1932-1973 and the Rise of Bioethics as Shown through Government Documents and Actions. DttP, 47, 11. https://heinonline.org/HOL/LandingPage?handle=hein.journals/dttp47&div=36&id=&page= [6] Barrett, L. A. (2019). [7] Annas, G. J. (2010). [8] Annas, G. J. (2010). [9] Adashi, E. Y., Walters, L. B., & Menikoff, J. A. (2018). The Belmont Report at 40: reckoning with time. American Journal of Public Health, 108(10), 1345-1348. https://doi.org/10.2105/AJPH.2018.304580 [10] Beauchamp, T. L., & Childress, J. F. (2001). Principles of Biomedical Ethics. Oxford University Press, USA. [11] Jacobson, D. (2005). Seeing by feeling: virtues, skills, and moral perception. Ethical Theory and Moral Practice, 8(4), 387-409. https://doi.org/10.1007/s10677-005-8837-1 [12] Clouser, K. D., & Gert, B. (1990). [13] Clouser, K. D., & Gert, B. (1990). [14] Clouser, K. D., & Gert, B. (1990). [15] Clouser, K. D., & Gert, B. (1990). [16] Daniels, N. (1979). Wide Reflective Equilibrium and Theory Acceptance in Ethics. The Journal of Philosophy, 76(5), 256-282. https://doi.org/10.2307/2025881 [17] Jacobson, D. (2005). [18] Jonsen, A. R. (1991). Of balloons and bicycles—or—the relationship between ethical theory and practical judgment. Hastings Center Report, 21(5), 14-16. https://doi.org/10.2307/3562885 [19] Jonsen, A. R. (1991), p. 15. [20] Jonsen, A. R. (1991), p. 15. [21] Elliott, C. (1992). Where ethics comes from and what to do about it. Hastings Center Report, 22(4), 28-35. https://onlinelibrary.wiley.com/doi/pdf/10.2307/3563021  

Sivakumar Vishnuvardhan Mambakkam, Stephanie Law

The study of van der Waals (vdW) materials has seen increased interest in recent years, due to the wide range of uses for these materials because of their unique mechanical, electronic, and optical properties. This area has recently expanded further into studying the behavior of vdW nanomaterials, as decreasing dimensions open up opportunities to interact with these materials in new ways. However, measuring the band structures of nanomaterials, which is key to understanding how confinement affects material properties and interactions, comes with several challenges. In this review, we survey a range of techniques for synthesizing and characterizing vdW nanomaterials, in order to outline the key material and characterization challenges. This includes controlling the Fermi level in vdW nanoparticles, preparing these particles for either ensemble or individual particle measurement, as well as protecting the pristine surface from oxidation.

Danielle de Brito Silva, Paula Jofré, Patricia B. Tissera et al.

Phylogenetic methods have long been used in biology, and more recently have been extended to other fields - for example, linguistics and technology - to study evolutionary histories. Galaxies also have an evolutionary history, and fall within this broad phylogenetic framework. Under the hypothesis that chemical abundances can be used as a proxy for interstellar medium's DNA, phylogenetic methods allow us to reconstruct hierarchical similarities and differences among stars - essentially a tree of evolutionary relationships and thus history. In this work, we apply phylogenetic methods to a simulated disc galaxy obtained with a chemo-dynamical code to test the approach. We found that at least 100 stellar particles are required to reliably portray the evolutionary history of a selected stellar population in this simulation, and that the overall evolutionary history is reliably preserved when the typical uncertainties in the chemical abundances are smaller than 0.08 dex. The results show that the shape of the trees are strongly affected by the age-metallicity relation, as well as the star formation history of the galaxy. We found that regions with low star formation rates produce shorter trees than regions with high star formation rates. Our analysis demonstrates that phylogenetic methods can shed light on the process of galaxy evolution.

William H. Wiist

The “Part of the Solution” article describes how the food industry has evolved its strategies to respond to critics and government regulation by co-option and appeasement to create a less hostile environment. Rather than focusing research on single industries it would be more efficient and productive to focus on corporate political activities (CPAs) that directly influence democratic institutions and processes having authority over laws, policy, rules and regulations that govern industry. The most influential and direct CPA are election campaign donations, lobbying, and the reverse revolving door (RRD). In the United States those CPA flow from rights of corporations that underlie all industry strategies. The US history of how corporations obtained their rights is described, and research about the affirmative effects of those three CPA is summarized. Health research is needed about those CPA and their effects on health law, policy and regulation in the United States and other nations.

Martin Law

A multi-arm multi-stage trial is a multi-arm trial which includes interim analyses - analysing the data at certain specified points, generally discontinuing treatments which are concluded to not work and proceeding with the remainder. It is possible that the advantages of multi-arm trials over single-arm trials may be enhanced further by considering the allocation ratio, R. For an R:1 allocation ratio, Rn patients are allocated to the control arm and n patients allocated to each active treatment arm. In this study, the optimal allocation ratio will be defined as the allocation ratio which results in the smallest total sample size satisfying some required power and probability of type I error. This is an intuitive definition in the context of clinical trials, as a smaller trial will in general be more ethical and less expensive than a larger one satisfying the same error rates. The purpose of this paper is to investigate the optimal allocation ratio in the case of multiple active treatment arms. The setup for a single stage trial with K active treatment arms is described in Section 2, along with a brief exposition of Dunnett's statement regarding the optimal allocation ratio in such circumstances. Equations for type I error and power are derived, and the methodology used to investigate how total sample size may be minimised using allocation ratio is described. A two-stage trial is then considered, using the same methodology. Figures and tables showing how total sample size changes with allocation ratio, for a range of type I error and power values, are given in Section 3. The possible ethical and financial benefits of changing allocation ratio, including a simple example, is also included in Section 3. The results, and what they could mean in practical terms, are discussed in Section 4.

Vishal Sunder, Samuel Thomas, Hong-Kwang J. Kuo et al.

Dialog history plays an important role in spoken language understanding (SLU) performance in a dialog system. For end-to-end (E2E) SLU, previous work has used dialog history in text form, which makes the model dependent on a cascaded automatic speech recognizer (ASR). This rescinds the benefits of an E2E system which is intended to be compact and robust to ASR errors. In this paper, we propose a hierarchical conversation model that is capable of directly using dialog history in speech form, making it fully E2E. We also distill semantic knowledge from the available gold conversation transcripts by jointly training a similar text-based conversation model with an explicit tying of acoustic and semantic embeddings. We also propose a novel technique that we call DropFrame to deal with the long training time incurred by adding dialog history in an E2E manner. On the HarperValleyBank dialog dataset, our E2E history integration outperforms a history independent baseline by 7.7% absolute F1 score on the task of dialog action recognition. Our model performs competitively with the state-of-the-art history based cascaded baseline, but uses 48% fewer parameters. In the absence of gold transcripts to fine-tune an ASR model, our model outperforms this baseline by a significant margin of 10% absolute F1 score.

Daria Korobeynikova

The article describes the ethnic and demographic situation in the North-Caucasus region, which took place before and during the Russian Empire penetration. The size of the local North-Caucasus population constantly fluctuated throughout the whole period of presentation of the Russian Empire in the North-Caucasus region. It is connected with many facts, including a series of epidemics, which reduced the number of mountaineers. The attempts of Russian authorities to oppose the spread of cholera epidemics in the region failed. On the other hand, some evident transformation took place in the North Caucasus under the Russian influence, namely the increase of the Slavonic population and resettlement of highlanders from their traditional areas to new lands. Originally new ethnic resettlement groups entailed no significant negative consequences for mountain societies, since the new settlers chiefly developed flat and steppe areas of the region. The difficulties of the migration deprived them of the power and means to expanse widely. The imperial authorities also hoped to transform mountain peoples socially and in cultural fields, so that it could provide an opportunity to localize the conflict of interests between the parties.

S. Sidorenko

The article studies the identification and description of the ways the linguocultural overtones of generalized meaning are expressed in the process of conveying everyday realities. Various methods of ensuring the adequacy of the perception of the foreign cultural component lead to the reconstruction of the objective and artistic world of the original work and ethnos. Within the framework of a stylized narrative the intertextual elements and allusions expand the artistic space of the original text, which causes certain difficulties in transferring a pseudo-fairytale narrative to a different linguistic culture. The article analyzes the strong positions of the text of a modern Turkish fairy tale, containing everyday realities that allow us to identify the ethnic specifics of the East. The repeated traditional archaic realities in line with modern globalized reality in the description create modern precedent pseudo-discourse representing the conceptual-valency system of the new Turkic-speaking linguistic culture. The reconstruction of this ambiguity in the process of translation into Russian is challenged by translation of allusive components, which, being interpreted through the translator's individual worldview, can lead to the introduction of additional components. At the same time, the transfer of the exotic component to the target language culture is intended not only to nominate referents and denotations with a sufficient degree of equivalence, but also to mark the precedent of cultural art space.

N. Tsareva

The article describes the basic features of the idiostyle of the great Russian poet of the twentieth century B. L. Pasternak. The analysis is carried out taking into account the anthropogenic approach to the text based on the study of authoritative research in the field of discourse, style studies, text linguistics, cultural linguistics, cognitive linguistics, philological analysis, verse studies, philosophy and other areas of modern scientific knowledge. The “structure” of images, thoughts, feelings, sounds “is that” rational kernel “that motivates the question of the specificity of the author’s idiostyle as a subjective, individually felt construction of a text space. Considering Pasternak’s poetic text as an immanently organized artistic structure, the author of the article believes, not without reason, that the line of poetry itself creates conditions conducive to the formation of syntactic segments, in which “fluctuating signs of meanings” and “darkened meanings” of naming world phenomena appear. In this case, the artist of the poetic word receives not only complete freedom of choice and the main attributes of the denotation, its details and the circumstances accompanying the disclosure of the signs of the signified, but also the opportunity to create new nominal structures in the text space containing elements of meta-commentary, including subjectiveevaluative moments, fixing the author’s presence in the text. The article notes that the use of syntactic nomination by BL Pasternak as the structure of the “frozen moment” of poetic life is associated with the identification of the deep semantic coherence of its elements. The reasoning contained in the article leads the reader to the conclusion that as the lyrical hero Pasternak matures, there is a transformation in the ratio of text and metatext caused by changes in the manifestation of the author’s individual perception of the world.

Michael Law, Ya'acov Ritov, Ruixiang Zhang et al.

In this work, we focus on the high-dimensional trace regression model with a low-rank coefficient matrix. We establish a nearly optimal in-sample prediction risk bound for the rank-constrained least-squares estimator under no assumptions on the design matrix. Lying at the heart of the proof is a covering number bound for the family of projection operators corresponding to the subspaces spanned by the design. By leveraging this complexity result, we perform a power analysis for a permutation test on the existence of a low-rank signal under the high-dimensional trace regression model. We show that the permutation test based on the rank-constrained least-squares estimator achieves non-trivial power with no assumptions on the minimum (restricted) eigenvalue of the covariance matrix of the design. Finally, we use alternating minimization to approximately solve the rank-constrained least-squares problem to evaluate its empirical in-sample prediction risk and power of the resulting permutation test in our numerical study.

Radin Dardashti

No-go theorems have played an important role in the development and assessment of scientific theories. They have stopped whole research programs and have given rise to strong ontological commitments. Given the importance they obviously have had in physics and philosophy of physics and the huge amount of literature on the consequences of specific no-go theorems, there has been relatively little attention to the more abstract assessment of no-go theorems as a tool in theory development. We will here provide this abstract assessment of no-go theorems and conclude that the methodological implications one may draw from no-go theorems are in disagreement with the implications that have often been drawn from them in the history of science.

G. Tsatsaronis

Viktoriya Serzhanova

The hereby paper undertakes the analysis of the genesis and evolution of the Finland’s Parliament Eduskunta from the moment of its establishment till nowadays, including the characteristics of its present constitutional position, being a result of its development during the centuries, with paying special attention to the current normative state and made on the basis of the hitherto constitutional practice. The article aims at deriving the origin and presenting the development of this organ in Finland, which in consequence leads to reliable conclusions in the field of determining its current constitutional position in the system of the supreme state authorities of Finland. The subject of the paper particularly focuses mostly on the analysis of the beginnings of Eduskunta’s formation and Finnish parliamentarianism, as well as its further evolution during different periods of its history, i.e. the time when Finland was included into the Kingdom of Sweden, the period when it was incorporated into the Russian Imperium and after it gained independence in 1917. The work also concentrates on the analysis of Eduskunta’s current constitutional position, its composition, internal structure, functions and competences presented on the basis of the exegesis of the provisions of the binding Basic Law of 1999 and the Parliament’s Rules of Procedure. The constitutional principles referring to the Parliament also seem to be of particular significance in this context, for they contribute to a more precise definition of Eduskunta’s constitutional position, as well as to pointing out its originality and dissimilarity regarding parliaments of other contemporary democratic states.

Martti Koskenniemi

Po-Ming Law, Alex Endert, John Stasko

While many visualization researchers have attempted to define data insights, little is known about how visualization users perceive them. We interviewed 23 professional users of end-user visualization platforms (e.g., Tableau and Power BI) about their experiences with data insights. We report on seven characteristics of data insights based on interviewees' descriptions. Grounded in these characteristics, we propose practical implications for creating tools that aim to automatically communicate data insights to users.

Izak J.J. Spangenberg

Racism is again a burning issue in our country. One may define racism as the conviction that not all humans are equal, but that some are ‘worthier’ than others. Usually those who are regarded as ‘unworthy humans’ are not treated on par with the rest. The ‘othering’ of humans in the Western world did not commence in the 16th, 17th, 18th or 19th centuries. It is argued that the roots of racism in the Western world date back to the 1st century CE when the early Christians severed their ties with the Jewish people and their religion, and started humiliating and denigrating them. Traces of this can be found in the New Testament in inter alia John 8:44, Revelation 2:9 and 3:9. The Jewish people and their synagogues were associated with the Devil. However, Paul also contributed to the anti-Judaism sentiments of early Christians. He argued that the gospel superseded the law. This eventually led to the conviction that Christianity superseded Judaism, and that Jews and Judaism ranked lower than Christians and Christianity. These beliefs created fertile soil for the development of racism in the Western world. The article presents a brief overview of the history of Christianity, how it developed, how it became the state religion of the Roman Empire and the dominant religion in the Western world, and how the religious convictions fed into the sociopolitical and economic policies of the Western world. The article delivers a plea for accepting the view that all religions are human constructs and that their adherents need to meet the ‘other’ on an equal footing. The Western world especially needs to look at how Christianity contributed to the way it treated other people during the course of history.

Tetyana Panchenko

The article deals with a popular direction of the migration movement of Ukrainians in the conditions of increasing migration flows from Ukraine, in particular, the migrations of Ukrainians to Germany. The purpose of article is an analysis the current wave of migration from Ukraine to Germany and assessing the prospects for the development of migration processes in this direction. The modern fifth wave of migration from Ukraine to Germany, which began after 2010, stands out as an integral part of the history of Ukrainian migration and differs from the”wage-earning» wave on the grounds that it is characterized also by noneconomic motives of migration. The quantitative and socio-demographic characteristics of Ukrainian migrants, especially the fifth wave, their migration experience, educational level and employment were determined on the basis of an analysis of data from the Federal Office of Statistics of Germany and other sources. Particular attention is paid to highly skilled labour migrants from Ukraine who came to Germany after 2010: the reasons for their migration, sources of access to the German labour market, primarily through the Blue Card program and through the educational channel, are being investigated. Further prospects for labour migration from Ukraine to Germany are evaluated in the context of the new migration law in Germany: done a comparative analysis of the migration attractiveness of Germany and Poland, which has significantly simplified migration from Ukraine, and assessed the possibility of returning migrant workers to Ukraine. It is concluded that a further gradual increase in the number of highly skilled Ukrainians in Germany and the final elimination of the fifth wave of Ukrainian migration is dominated by professionals.