Hasil untuk "History of Law"

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CrossRef Open Access 2026
Something Else: History, Legal Imagination, and the American Revolution

Matthew Crow

Abstract This article reviews Martti Koskenniemi’s To the Uttermost Parts of the Earth: Legal Imagination and International Power , 1300–1780, Dannelle Gutarra Cordero’s She Is Weeping: An Intellectual History of Racialized Slavery and Emotions in the Atlantic World , and James Q. Whitman’s From Masters of Slaves to Lords of Lands: The Transformation of Ownership in the Western World . These authors raise fundamental questions about what was going on and what was or is at stake in the legal theorizing, argumentation, and adjudication that characterized the immediate prehistory of the nascent US constitutional order.

arXiv Open Access 2025
Perspective: Mitigation of structural defects during the growth of two-dimensional van der Waals chalcogenides by molecular beam epitaxy

Qihua Zhang, Maria Hilse, Stephanie Law

The growth of wafer-scale van der Waals (vdW) thin films and heterostructures by molecular beam epitaxy (MBE) is important for future applications in quantum technologies, next generation optoelectronic devices, and fundamental physics investigations. When grown using co-deposition methods that are typically used for compound semiconductor MBE, vdW materials typically show a high density of structural defects including twin or antiphase domains, spiral growth, and pyramidal growth. These defects are caused by the relatively weak film/substrate interaction and/or the poor wettability of typical substrates by many vdW materials. These difficulties can be mitigated using a multi-step growth procedure in which growth stages including nucleation and coalescence can be rigorously controlled, resulting in high-quality deposition of vdW thin films. This article will describe a general recipe for the growth of highly-crystalline wafer-scale vdW thin films by MBE.

en cond-mat.mtrl-sci
arXiv Open Access 2024
History-enhanced ICT For Sustainability education: Learning together with Business Computing students

Ian Brooks, Laura Harrison, Mark Reeves et al.

This research explores the use of History to enhance education in the field of ICT For Sustainability ICT4S in response to a challenge from the ICT4S 2023 conference. No previous studies were found in ICT4S but the literature on History and Education for Sustainable Development is reviewed. An ICT4S lecturer collaborated with History lecturers to add an historic parallel to each weeks teaching on a Sustainable Business and Computing unit for final year undergraduate BSc Business Computing students. A list of the topics and rationale is provided. Student perceptions were surveyed before and after the teaching and semi-structured interviews carried out. A majority of students saw relevance to their degree and career. There was an increase in the proportion of students with interest in History. The paper explores the lessons learned from the interdisciplinary collaboration, including topic choice, format and perceived value. The project has enhanced the way we approach our subjects as computing and history educators. We believe this is the first empirical, survey-based study of the use of history to enhance ICT4S education. The team will extend the research to a larger unit covering a wider range of computing degrees.

en cs.CY
arXiv Open Access 2024
Relevance of the Basset history term for Lagrangian particle dynamics

Julio Urizarna-Carasa, Daniel Ruprecht, Alexandra von Kameke et al.

The movement of small but finite spherical particles in a fluid can be described by the Maxey-Riley equation (MRE) if they are too large to be considered passive tracers. The MRE contains an integral "history term" modeling wake effects, which causes the force acting on a particle at some given time to depend on its full past trajectory. The history term causes complications in the numerical solution of the MRE and is therefore often neglected, despite both numerical and experimental evidence that its effects are generally not negligible. By numerically computing trajectories with and without the history term of a large number of particles in different flow fields, we investigate its impact on the large-scale Lagrangian dynamics of simulated particles. We show that for moderate to large Stokes numbers, ignoring the history term leads to significant differences in clustering patterns. Furthermore, we compute finite-time Lyapunov exponents and show that, even for small particles, the differences in the resulting scalar field from ignoring the BHT can be significant, in particular if the underlying flow is turbulent.

en physics.flu-dyn, cs.CE
DOAJ Open Access 2024
Protektorat Böhmen und Mähren und die Änderungen im Familienrecht

Renata Veselá

The occupation of the Bohemian lands in 1939 led to establishing the Protectorate of Bohemia and Moravia, resulting in the loss of democratic freedoms for Czechs. Different legal statuses were assigned to German Reich citizens, Czechs, and the disenfranchised population targeted by racist legislation. Family law was significantly affected by German regulations and the adoption of the Nuremberg Laws. The discriminatory measures included restrictions on intermarriage and sexual relations. The Catholic Church and international family law provisions also played a role. Further research is needed to fully understand these laws' impact on the Protectorate's societal reality.

History (General) and history of Europe, History of Law
CrossRef Open Access 2023
The Making of Modern US Citizenship and Alienage: The History of Asian Immigration, Racial Capital, and US Law

Hardeep Dhillon

AbstractThis article unravels an important historical conjuncture in the making of modern US citizenship and alienage by drawing on the state's regulation of naturalization as it relates to Asian immigration in the early twentieth century. My primary concern is to examine the socio-legal formations that constructed the thick distinctions between the modern US citizen and alien along the lines of racial difference and racial capital. Specifically, this article argues that Asian immigration to the United States remade the modern US citizen and alien in two significant and interconnected ways. First, it underscores how the adjudication of race in US courts and connected political campaigns re-mapped race in the United States and sharpened the racialization of Asia and Europe in profound ways that ultimately produced immigrants from southern, central, and eastern parts of Asia as the modern US alien. Second, the debate over Asian immigrants’ eligibility to naturalize refashioned legal status as a normative avenue to sustain a regime of racial capital. It cast citizenship as a legal avenue for White men and families to acquire and protect a proprietary interest in citizenship and recast some Asian immigrants as permanent aliens in a period when alienage came to signify disposable immigrant labor. The article concludes by distinguishing how the struggle for US citizenship by Asian immigrants frames the epistemological parameters and political vocabulary of immigration and naturalization reform.

arXiv Open Access 2023
Linking the Metallicity Enrichment History to the Star Formation History: An SFH-regulated Chemical Evolution Model and Its Implications for the Gas Cycling Process

Jun Yin, Shiyin Shen, Lei Hao

The metallicity enrichment history (MEH) of a galaxy is determined by its star formation history (SFH) and the gas cycling process. In this paper, we construct a chemical evolution model that is regulated by the SFH of the system. In this SFH-regulated model, the evolution of all other variables, including the MEH, can be determined by the SFH. We test this model on six locally isolated dwarf galaxies covering three dwarf types that were observed by the Local Cosmology from Isolated Dwarfs (LCID) project. The SFHs and MEHs of these LCID galaxies have been measured from the deep color-magnitude diagrams that are down to the main sequence turn-offs stars. With simple assumptions of the star formation law and the mass-dependent outflows, our SFH-regulated model successfully reproduces the MEHs of all six LCID galaxies from their SFHs, with only one free parameter, the wind efficiency $η\sim 1.0$, for all six galaxies. This model provides a physically motivated link that directly connects the SFH and MEH of a galaxy, which will be useful to accommodate into the state-of-the-art stellar population synthesis models to help relieve the nuisance of the heavy degeneracy between the ages and metallicities of the stellar populations.

en astro-ph.GA
DOAJ Open Access 2023
SOME ASPECTS OF IMPLEMENTATION OF INTERNATIONAL HUMANITARIAN LAW STANDARDS IN THE FIELD OF CAPTIVITY OF WAR IN RUSSIAN LEGISLATION AT THE PRESENT STAGE

Oleg S. Kiritsa

Issues of legal regulation of military captivity are very relevant. At different times, humanity has experienced many wars and military conflicts, with which came experience and the realization that even during armed confrontation it is necessary to respect the law, show mercy and humanity towards an enemy who is helpless or does not want to fight. The emergence of norms in the field of military captivity in international humanitarian law dictated the necessary desire of countries to implement these norms into national legislation. The rapid development of modern law and legal policy determines the increase in the culture of society, and at the same time the preservation of humanity and respect for the human dignity of prisoners of war. Our country, being a highly developed and rule-of-law state, has always strived to implement the norms of international law in the field of military captivity, both in Soviet and Russian legislation. However, in the history of domestic law to this day, organizational, political and legal problems arise in the implementation of the norms of international humanitarian law relating to military captivity into national legislation. The above problems are a consequence of a complex of social reasons, both objective and private. Continuing research into the dynamics of the process of implementing the norms of international law in the field of military captivity into Russian legislation, a comprehensive study of the issue of legal implementation of the implemented norms will allow us to find ways to solve problems in this area, as well as draw a conclusion regarding the further development of legal norms relating to military captivity in our country.

DOAJ Open Access 2023
THE GEOPOLITICAL FACTOR OF THE DEVELOPMENT OF SWISS MILITARISM IN THE CON-TEXT OF MILITARY ENTREPRENEURSHIP OF THE XIV-XVI CENTURIES

Lakhtyuk Sergey Alexandrovich , Kostrov Aleksandr Valerievich , Saitgareev Raul Raulevich

The article discusses the possibilities and factors of influence of natural space on the formation of a special attitude of the popula-tion to the phenomenon of war. As an example, Switzerland is considered in the period of its formation within its modern borders in the XIV-XVI centuries. Separately, the authors note the understanding of the phenomenon of militarism as a sociocultural con-struct by the authors, including based on the originality of this approach in modern Russian historiography. Geographic deter-minism is used as the main research method. On its basis, using the data given in synchronous written sources, the influence of mountainous rugged terrain on the population's perception of the phenomenon of war and the formation of militarism in the so-cio-cultural space of society is considered. There is a difference in attitudes towards military affairs in the mountainous cantons of Switzerland and the plains. The researchers point out that this fact is most clearly seen in the Kappel religious wars, where the mountain cantons, in addition to protecting religious beliefs, defended their right to military enterprise, while reformers from the flat part of the country considered mercenarism as a threat to the unity of the country. In conclusion, a conclusion is made about the direct influence of the natural-geographical factor on the perception of the surrounding space and, as a result, the special atti-tude of the population in military affairs i.e., formation of the socio-cultural phenomenon of militarism.

Archaeology, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2023
A longitudinal study on new onset anxiety among children and adolescents during the COVID-19 epidemic

WANG Xiaoyu, PENG Yinhui, MA Wenlin et al.

Objective·To investigate the occurrence of new onset anxiety symptoms in children and adolescents during the COVID-19 epidemic, and analyze the influencing factors.Methods·Based on Chengdu Positive Child Development (CPCD) cohort, a total of 5 566 children and adolescents from five primary and secondary schools in Chengdu were enrolled. Two longitudinal study cohorts of new anxiety symptoms in children and adolescents were established, and two rounds of survey were conducted. The first round of survey (baseline survey) was conducted from December 2019 to January 2020, and the general demographic characteristics of the cohort members were collected through the Student Questionnaire for the Study on Promoting Positive Growth of Children and Adolescents. The second round of survey (follow-up survey) was conducted from February to July 2020 to collect additional information on the cohorts' infection history of COVID-19, and whether their eating, learning, and social and recreational activities were affected by the COVID-19 epidemic. The Screen for Child Anxiety Related Emotional Disorders (SCARED) was used to evaluate the new onset anxiety symptoms of all subjects. The multivariate Logistic regression model was used to analyze the influencing factors of new onset anxiety symptoms in children and adolescents.Results·The results of SCARED assessment showed that the incidence of new onset anxiety symptoms among children and adolescents in Chengdu during the COVID-19 epidemic was 13.47%. In the longitudinal study cohort of new onset anxiety in children,the incidence was 11.91%, and in the longitudinal study cohort of new onset anxiety in adolescents, the incidence was 14.25%. The results of chi square test showed that there were statistically significant differences in the incidence of new onset anxiety symptoms among children in terms of age, whether they or their family members were infected with COVID-19, and whether their eating, learning and social activities were affected (all P<0.05); there were also statistically significant differences in the incidence of new onset anxiety symptoms among adolescents in gender, grade, age, residential area, and whether their eating, learning, and social and recreational activities were affected (all P<0.05). The results of multivariate Logistic regression analysis showed that, for children, 6‒8 years old was the protective factor for their new onset anxiety symptoms, while they or their family members infected with COVID-19 and the impact of their learning activities were the risk factors (all P<0.05); for adolescents, males, residing in urban areas, and grades ≤ 6 were the protective factors for their new onset anxiety symptoms, while the impact of their learning activities was the risk factor (all P<0.05).Conclusion·For children and adolescents, the factors that affect their new onset anxiety symptoms during the COVID-19 epidemic are not completely the same. For children, age, whether they or their family members are infected with COVID-19, and whether their learning is affected are independent influencing factors; but for adolescents, gender, grade, residential area, and whether their learning is affected are independent influencing factors. Therefore, in the process of dynamically paying attention to the mental health status of children and adolescents and continuously doing a good job of mental health intervention, it is necessary to follow the law of growth, fully consider the developmental characteristics of children and adolescents, and adopt different strategies and measures.

DOAJ Open Access 2022
Individual and Contextual Risk and Protective Factors for Suicidal Thoughts and Behaviors among Black Adolescents with Arrest Histories

Camille R. Quinn, Erinn B. Duprey, Donte T. Boyd et al.

Black adolescents in the United States have experienced an increase in suicidal thoughts and behaviors (STBs). Since Black adolescents are overrepresented in the youth punishment system, more research is needed to investigate correlates of STBs for this population. The purpose of this paper is to explore and establish correlates of individual, family, and community risk and protective factors and their relationship to lifetime STBs in a national sample of Black youth with arrest histories. Guided by an intersectional eco-behavioral lens, we investigated individual, family and contextual risk and protective factors for STBs among a national sample of justice-involved Black youth aged 12–17 with a history of arrest (<i>n</i> = 513). We used logistic regression models to test risk and protective factors for STBs. Among the sample, 9.78% endorsed suicidal ideation, and 7.17% endorsed a previous suicide attempt. Further, gender (female) and depression severity were risk factors for STBs, while positive parenting and religiosity were protective factors for STBs. School engagement was associated with lower levels of suicidal ideation. The findings suggest suicide prevention and intervention efforts should identify developmentally salient risk and protective factors to reduce mental health burden associated with STBs and concurrent alleged law-breaking activity of Black youth.

DOAJ Open Access 2021
EXECUTION OF AN ORDER IN THE COMMISSION OF WAR CRIMES: ON THE USE OF INTERNATIONAL EXPERIENCE IN RUSSIAN CRIMINAL LAW

S. Kotov, N. Troitsky

The authors underline that the greatest difficulties in understanding and applying the rule on the execution of an order arise when establishing the fact that the executor of the order understood the illegal nature of the latter. As we know the execution of orders is important for the functioning of state institutions and organizations, originally built on the principle of one-man management (army, navy, other legitimate armed groups, police and other law enforcement agencies). According to article 42 of the Russian Criminal Code the performer who refused to execute the illegal order is exempted from criminal liability. The legal «roots» of the execution of the order as a circumstance that excludes the crime of an act under national law are «rooted» in the provisions of international law -first of all, in the materials of the «Nuremberg Legacy». The Statute of the Nuremberg Tribunal and its Verdict for the irst time formulated a generally binding rule that the exe- cution of a criminal order does not exempt the performer from criminal liability, although it can be regarded as a mitigation sentence. This imperative order was later duplicated in many key documents of international law and national criminal law. The authors note that among such acts of international law, the Charter of the International Tribunal for the Former Yugoslavia and the Charter of the International Tribunal for Rwanda are valid for Russia. During the functioning of the international tribunals for the former Yugoslavia and Rwanda, their decisions formulated special rules for establishing limits on criminal liability for crimes committed pursuant to an order. And this experience should be used in the application of the relevant norms of national criminal law, in particular - in the application of article 356 of the Russian Criminal Code on prohibited methods and means of warfare. This circumstance is very important due to the fact that the Investigative Committee of Russia initiated a number of criminal cases on the commission of war crimes during the civil armed conflict in Eastern Ukraine. Based on the decisions of international tribunals for the former Yugoslavia and Rwanda, which are valid for Russia, the article deines a list of acts considered war crimes and falling within the scope of article 356 of the Russian Criminal Code, in respect of which a reference to the execution of an order cannot be recognized as acceptable. The crime of such acts is always recognized as obvious to the performer. Accordingly the provisions of article 42 of the Russian Criminal Code in the situation of committing any of these acts cannot be applied initially.

Law, History of scholarship and learning. The humanities
DOAJ Open Access 2021
SOME WORKS OF MEMOIR LITERATURE OF «PRISONER OF THE CAUCASUS» AND THE PROBLEM OF RUSSIAN ORIENTALISM

D. S. Dudarev

The article is written in the context of research on the Russian orientalism, based on memoirs of Russians, who were held captive by the mountaineers during the war in the first half of the XIX c. The article studies some features of this phenomenon. They consist in the description of mountaineers' characters by the individual authors, characterized by the dominance of negative qualities and their grotesque presentation. On the other hand, the diaries of some «prisoners of the Caucasus» besides the features of Orientalism include dynamics towards objective characteristics of the mountaineers, which testifies to the Russians' efforts of deeper and more objective penetration into the mentality and culture of these people.

Law, History of scholarship and learning. The humanities
DOAJ Open Access 2021
Symbolika miecza w polskich XVI-wiecznych kompendiach prawa miejskiego

Grzegorz Bryl

W XVI w. w polskich miastach zaczęły powstawać drukowane dzieła prawnicze oparte na prawie magdeburskim. W artykule przeanalizowano je pod kątem obecności odwołań do istotnego w tym prawie symbolu miecza. Użycia słowa miecz/gladius w pracach Cervusa-Tucholczyka, Jaskiera, Cerasinusa, Groickiego i Szczerbica poddano typologii według intensywności sensu symbolicznego („znaczenie dosłowne”, „język i obyczajowość”, „symbol pojęć abstrakcyjnych”). Przeanalizowano przypadki należące do poszczególnych kategorii. Zbadano także ich obecność w poszczególnych tekstach, co doprowadziło do wniosku o zależności intensywności (jakościowej i ilościowej) tych odwołań od stopnia bliskości danego tekstu do Zwierciadła saskiego i Weichbildu oraz od obecności w danym tekście glosy. Postawiono wniosek o nikłej recepcji ideowych treści prawa niemieckiego w miastach polskich. Propozycje wyjaśnienia tego zjawiska odwołują się do 1) braku w Polsce rozróżnienia między miastami dysponującymi i niedysponującymi iure gladii, 2) odmienności struktur politycznych Polski i obszaru niemieckojęzycznego, 3) zakorzenienia symbolu miecza na obszarach niemieckich, wyrażającego się i wtórnie wzmacnianego istnieniem figur Rolandów. Symbolika miecza była zatem w Polsce pozbawiona oparcia w przestrzeni miejskiej i w wyobrażeniach politycznych. Postawiono także tezę, że prawo magdeburskie nie służyło określaniu pozycji polskich miast w szerszej strukturze ani zapewnianiu ideowych podstaw ich funkcjonowania jako wspólnot politycznych.

History (General) and history of Europe, History of Law
DOAJ Open Access 2021
THE CORRELATION OF «INTELLECTUAL PROPERTY» AND «INTELLECTUAL RIGHTS» CONCEPTS IN THE LEGISLATION FRAMEWORK OF THE RUSSIAN FEDERATION

Yu. N. Slepenok, I. M. Vil'gonenko, A. D. Anuchkina

The article analyzes the correlation of «intellectual property» and «intellectual property rights» concepts. The findings reveal that there are various definitions of «intellectual property» and «intellectual property rights» concepts in the literature. It is indicated that a unified vision in the approach of the conceptual apparatus governing an intellectual activity and means of individualization is so far missing.

Law, History of scholarship and learning. The humanities

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