Hasil untuk "History of Law"

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arXiv Open Access 2026
Security Is Not Enough: Privacy in Encryption Regulation and Lawful-Surveillance Protocols

Artur Pericles L. Monteiro

This article argues that security is not enough to fully capture what is at stake in government exceptional access to encrypted data. A conception of privacy as security has little to say about ``lawful-surveillance protocols'' -- an active research agenda in cryptography that aims to enable government exceptional access without compromising systemic security. But the limitations are not contingent on the success of this agenda. The normative landscape today cannot be explained if security is all there is to privacy. And fundamental objections to Apple's abandoned client-side scanning system gesture beyond security. This article's contribution is modest: to show that there must be more to privacy than the security mold it has taken. A richer understanding is needed both to assess policy and to guide research on lawful-surveillance protocols.

en cs.CR, cs.CY
arXiv Open Access 2025
Scaling Law for Quantization-Aware Training

Mengzhao Chen, Chaoyi Zhang, Jing Liu et al.

Large language models (LLMs) demand substantial computational and memory resources, creating deployment challenges. Quantization-aware training (QAT) addresses these challenges by reducing model precision while maintaining performance. However, the scaling behavior of QAT, especially at 4-bit precision (W4A4), is not well understood. Existing QAT scaling laws often ignore key factors such as the number of training tokens and quantization granularity, which limits their applicability. This paper proposes a unified scaling law for QAT that models quantization error as a function of model size, training data volume, and quantization group size. Through 268 QAT experiments, we show that quantization error decreases as model size increases, but rises with more training tokens and coarser quantization granularity. To identify the sources of W4A4 quantization error, we decompose it into weight and activation components. Both components follow the overall trend of W4A4 quantization error, but with different sensitivities. Specifically, weight quantization error increases more rapidly with more training tokens. Further analysis shows that the activation quantization error in the FC2 layer, caused by outliers, is the primary bottleneck of W4A4 QAT quantization error. By applying mixed-precision quantization to address this bottleneck, we demonstrate that weight and activation quantization errors can converge to similar levels. Additionally, with more training data, weight quantization error eventually exceeds activation quantization error, suggesting that reducing weight quantization error is also important in such scenarios. These findings offer key insights for improving QAT research and development.

en cs.LG, cs.CL
arXiv Open Access 2025
Parametric Scaling Law of Tuning Bias in Conformal Prediction

Hao Zeng, Kangdao Liu, Bingyi Jing et al.

Conformal prediction is a popular framework of uncertainty quantification that constructs prediction sets with coverage guarantees. To uphold the exchangeability assumption, many conformal prediction methods necessitate an additional holdout set for parameter tuning. Yet, the impact of violating this principle on coverage remains underexplored, making it ambiguous in practical applications. In this work, we empirically find that the tuning bias - the coverage gap introduced by leveraging the same dataset for tuning and calibration, is negligible for simple parameter tuning in many conformal prediction methods. In particular, we observe the scaling law of the tuning bias: this bias increases with parameter space complexity and decreases with calibration set size. Formally, we establish a theoretical framework to quantify the tuning bias and provide rigorous proof for the scaling law of the tuning bias by deriving its upper bound. In the end, we discuss how to reduce the tuning bias, guided by the theories we developed.

en cs.LG, math.ST
DOAJ Open Access 2025
China’s Century of Humiliation and the Politics of Sovereign Apologies

Pär Cassel

The government of the People’s Republic of China has become known for guarding its international image jealously and often reacts against real or perceived slights against China with demands for an apology. Building on insights from the works of Robert Bickers, this article argues that the official Chinese insistence on the “politics of apology” can be traced back to late imperial China’s socialization into the world community under the treaty port system, when foreign powers often demanded that the Qing government perform various acts of repentance for missteps in its foreign relations.

History (General) and history of Europe, History of Law
arXiv Open Access 2024
Automated legal reasoning with discretion to act using s(LAW)

Joaquín Arias, Mar Moreno-Rebato, José A. Rodríguez-García et al.

Automated legal reasoning and its application in smart contracts and automated decisions are increasingly attracting interest. In this context, ethical and legal concerns make it necessary for automated reasoners to justify in human-understandable terms the advice given. Logic Programming, specially Answer Set Programming, has a rich semantics and has been used to very concisely express complex knowledge. However, modelling discretionality to act and other vague concepts such as ambiguity cannot be expressed in top-down execution models based on Prolog, and in bottom-up execution models based on ASP the justifications are incomplete and/or not scalable. We propose to use s(CASP), a top-down execution model for predicate ASP, to model vague concepts following a set of patterns. We have implemented a framework, called s(LAW), to model, reason, and justify the applicable legislation and validate it by translating (and benchmarking) a representative use case, the criteria for the admission of students in the "Comunidad de Madrid".

DOAJ Open Access 2024
Changes in Halal Product Guarantee Regulations Perspective of Legal Politics and Consumer Rights Protection

Evi Sopiah, Abdulah Safe'i, Elly Marlina et al.

A halal product guarantee is a legal certainty regarding the halal status of a product produced by a business entity, which is evidenced by the issuance of a halal certificate by the government. The focus of the research examines the changes in halal product guarantee regulations within the Omnibus Law using a legal politics and consumer legal protection approach. This research is normative legal research whose object of study is the history of changes to halal product guarantee regulations in the Job Creation Act and its implications for consumer legal protection. Legal and non-legal materials were obtained from document studies and literature studies in the form of academic texts, draft laws, problem inventory lists, laws and regulations related to halal product guarantees and consumer protection, journals, and other documents relevant to the research issue. Changes in halal product guarantee regulations are a strategic step to strengthen the national halal industry and increase the competitiveness of Indonesian halal products in the global market. Changes in regulations prioritizing business actors' statements as the basis for halal certification can overcome the low awareness of business actors regarding halal certification obligations. In addition, changes to halal product guarantee regulations provide legal protection for consumers through guarantees of legal certainty, both preventively and repressively through self-declaration policies by implementing special limitations, conditions, and criteria for halal certification obligations for micro and small businesses, as well as administrative sanctions. and criminal penalties for business actors who commit acts or violations that can harm consumers.

Islamic law, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2024
DISPUTES BETWEEN REPRESENTATIVES OF SOVIET AND UKRAINIAN EMIGRANT HISTORICAL SCIENCES AT THE XI INTERNATIONAL CONGRESS OF HISTORIANS IN SWEDEN

Kovelya V.V.

The article is devoted to the events of the XI International Congress of Historical Sciences, held in Stockholm in 1960, one of the few sites where representatives of world historical science had the opportunity to meet, present their scientific concepts, and present their own system of views on key issues of human history. Often, sharp scientific discussions arose within the framework of the congress, sometimes largely politicized. The article pays special attention to just one of these disputes that erupted between representatives of Soviet historical science, and emigrant historians from other methodological and ideological positions, immigrants from the former territories of the Russian Empire. Some of the participants in the dispute were ethnic Ukrainians, and today they are fully recognized as representatives of Ukrainian historiography. It is noteworthy that there were both in one and the other camps, which makes the subject of our article more interesting and noteworthy. The main sources for writing the article were the memories of direct witnesses of those events, which makes it possible to see the discussions that took place through the prism of their personal perception. Also involved in the work are scientific works containing conceptual views of the participants in the dispute.

Archaeology, Law in general. Comparative and uniform law. Jurisprudence
S2 Open Access 2022
Abortion Law and Human Rights in Poland: The Closing of the Jurisprudential Horizon

M. Bucholc

On 22 October 2020, the Constitutional Tribunal of Poland ruled that an abortion due to foetal impairment was unconstitutional. This article discusses the context of this controversial ruling as well as its main tenets, focusing on the interpretation of the human rights proffered by the Tribunal and on the rule of law concerns raised by the Tribunal’s decision. Against the backdrop of a brief history of the legal regulation of abortion in Poland since 1945, the article offers a critical assessment of the human rights framework used in the Polish abortion debate. Based on a close reading of the Tribunal’s ruling and the dissenting opinions, the article points out the particularities in the Tribunal’s engagement with international law and human rights jurisprudence. The article argues that the Tribunal’s decision is yet another symptom of the crisis in which the rule of law in Poland has found itself since 2015. It bears evidence to the closing of the jurisprudential horizon caused by the political change which has been taking place in Poland since 2015, consisting of the reduction of the role of international human rights debates as a reference in Polish constitutional jurisprudence. The ruling is therefore a portent of Poland’s future compliance with its international commitments in human rights matters.

47 sitasi en Medicine
arXiv Open Access 2023
From Brussels Effect to Gravity Assists: Understanding the Evolution of the GDPR-Inspired Personal Information Protection Law in China

Wenlong Li, Jiahong Chen

This paper explores the evolution of China's Personal Information Protection Law (PIPL) and situates it within the context of global data protection development. It draws inspiration from the theory of 'Brussels Effect' and provides a critical account of its application in non-Western jurisdictions, taking China as a prime example. Our objective is not to provide a comparative commentary on China's legal development but to illuminate the intricate dynamics between the Chinese law and the EU's GDPR. We argue that the trajectory of China's Personal Information Protection Law calls into question the applicability of the Brussels Effect: while the GDPR's imprint on the PIPL is evident, a deeper analysis unveils China's nuanced, non-linear adoption that diverges from many assumptions of the Brussels Effect and similar theories. The evolution of the GDPR-inspired PIPL is not as a straightforward outcome of the Brussels Effect but as a nuanced, intricate interplay of external influence and domestic dynamics. We introduce a complementary theory of 'gravity assist', which portrays China's strategic instrumentalisation of the GDPR as a template to shape its unique data protection landscape. Our theoretical framework highlights how China navigates through a patchwork of internal considerations, international standards, and strategic choices, ultimately sculpting a data protection regime that has a similar appearance to the GDPR but aligns with its distinct political, cultural and legal landscape. With a detailed historical and policy analysis of the PIPL, coupled with reasonable speculations on its future avenues, our analysis presents a pragmatic, culturally congruent approach to legal development in China. It signals a trajectory that, while potentially converging at a principled level, is likely to diverge significantly in practice [...]

DOAJ Open Access 2023
GHANA’S DEMOCRACY UNDER THE FOURTH REPUBLIC

Bernice Owusu, Benjamin Damoah

Ghana's Fourth Republic has been marked by a stable and thriving democracy since its inception in 1992. The Fourth Republic began after a series of military governments and coups in the country's history. Ghana's democracy has proven its mettle under the Fourth Republic by upholding democratic principles such as the Rule of Law, free and fair elections, freedom of expression and association, a multi-party system, political tolerance, separation of powers, and effective participation. Despite its commendable success over the past 30 years, there are still some critical challenges that need to be addressed, including low participation, corruption, favoritism, nepotism, extreme political polarization, winner-takes-all mentality, and politicization of illegal mining (Galamsey). This paper aims to establish the undeniable relationship between democracy and economic liberalization and suggests remediation strategies to ensure the long-term sustainability of Ghana's democracy by thoroughly reviewing relevant literature.

Journalism. The periodical press, etc.
DOAJ Open Access 2023
Di alcune verosimili ipotesi di «agere per sponsionem» in Alfeno Varo e in Aristone

Ferdinando Zuccotti

Abstract - Some texts by Alfenus Varo and Titius Aristo speak of an actio negatoria granted in cases where the servitude relationship appears difficult to configure: since the formula ‘ius non esse ’ is also used by Alfenus in place of reivindicatio, it appears extremely likely are not hypotheses of edictal actions but of formulas dating back to the procedure of the agere per sponsionem.

DOAJ Open Access 2023
Activities of Institute of Manuscript of V. I. Vernadskyi National Library of Ukraine unter conditions of martial law

Bodak Olha, Koval Tetiana, Korchemna Iryna

The purpose of the article is to analyze the main tasks and peculiarities of activities of the Institute of Manuscript of the V. I. Vernadskyi National Library of Ukraine during the period of martial law in Ukraine. The research methodology is based on the application of analysis, synthesis and generalization, classification and systematization, induction and deduction, narrative, historical-typological, historical-problematic, historical-systemic and interpretive methods. Scientific novelty. The results of the work of the Institute of Manuscript of the V. I. Vernadskyi National Library of Ukraine in 2022 and the first half of 2023 are highlighted, problematic issues are outlined. Threats to the handwritten monuments in the Institute of Manuscript in the conditions of Russian armed aggression are analyzed and practical steps for their protection and preservation are highlighted. Conservation works in order to preserve particularly valuable fonds of the Institute of Manuscript were carried out. In June 2022, the Institute activities were resumed out remotely in the martial law conditions. The Institute of Manuscript of the V. I. Vernadskyi National Library of Ukraine is actively involved in countering Russian propaganda, and significantly increased its participation in joint international and Ukrainian scientific and cultural projects. Particular attention is paid to ensuring the preservation of handwritten documents for the period of their transfer to other institutions for temporary storage during exhibitions and other events and to production of insurance copies of handwritten documents. One of the priority directions of activity of the Institute of Manuscript of the V. I. Vernadskyi National Library of Ukraine today is the digitization of the national manuscript heritage. Conclusions. The full-scale invasion of Russia on the territory of Ukraine turned out to be the biggest challenge for Ukrainian culture during the years of Ukraine’s independence. The protection of objects of the historical and cultural heritage of the Ukrainian people has become one of the strategic directions in resisting enemy expansion. Preservation of the national cultural heritage has become a priority task for the Institute of Manuscript of the V. I. Vernadskyi National Library of Ukraine as a state archival repository either. The Institute of Manuscripts is actively involved in countering Russian propaganda, has significantly increased its participation in joint international and Ukrainian cultural projects, thus contributing to the popularization of the national cultural heritage of Ukraine, the coverage of objective Ukrainian history based on historical documents.

Bibliography. Library science. Information resources
S2 Open Access 2019
Art and Blockchain: A Primer, History, and Taxonomy of Blockchain Use Cases in the Arts

A. Whitaker

Abstract:Blockchain technology, while commonly associated with cryptocurrencies, stands to bring radical structural change to the arts and creative industries. This paper presents a history, primer, and taxonomy of blockchain use cases in the arts and then explores the implications of blockchain in three regards: the blurring of the for-profit / nonprofit distinction, changes in the ownership structure of art, and potential for new structures of public and private support and related policy changes. These developments raise important questions of governance of a technology which requires expertise in cryptography, coding, and securities law for implementation. Ultimately, blockchain holds the potential to tip the role of the arts toward democratic availability through collective ownership structures or toward further commodification of cultural assets.

119 sitasi en Art, Business
arXiv Open Access 2022
A Concise History of the Black-body Radiation Problem

Himanshu Mavani, Navinder Singh

The way the topic of black-body radiation is presented in standard textbooks (i.e. from Rayleigh-Jeans to Max Planck) does not follow the actual historical timeline of the understanding of the black-body radiation problem. Authors believe that a presentation which follows an actual timeline of the ideas (although not a logical presentation of the field) would be of interest not only from the history of science perspective but also from a pedagogical perspective. Therefore, we attempt a concise history of this very interesting field of science.

en physics.hist-ph, physics.ed-ph
DOAJ Open Access 2022
COVID-19 Prevention Practices Among Prisoners, in Southern Ethiopia

Chea Hankalo N, Alemayehu A, Fikre R et al.

Nana Chea Hankalo,1 Akalewold Alemayehu,1 Rekiku Fikre,2 Edilu Shona3 1School of Public Health, College of Medicine and Health Sciences, Hawassa University, Hawassa, Ethiopia; 2Departments of Midwifery, College of Medicine and Health Sciences, Hawassa University, Hawassa, Ethiopia; 3School of Law, College of Law and Governance, Hawassa University, Hawassa, EthiopiaCorrespondence: Nana Chea Hankalo, School of Public Health, College of Medicine and Health Sciences, Hawassa University, Hawassa, Ethiopia, Email nanachea@hu.edu.et; cheanana2007@gmail.comBackground: Coronavirus disease-19 (COVID-19) is a highly contagious disease with high attack and case fatality rate. Since WHO’s declaration of disease as pandemic in March 2020, the unprecedented global crises have been happening. To curb and reduce such crises, multi-dimensional international efforts have been made, particularly, infection prevention measures has been developed. However, there was a wide gap of implementing COVID-19 prevention measures from rural to urban, from institution to institution and from person to person. Therefore, the aim of this study was to measure the level of prevention practice towards COVID 19 and associated factors in prison, in Sidama National Regional State, Ethiopia.Methods: A cross-sectional study using quantitative method of data collection was conducted in November, 2020 among 422 prisoners in two prisons. Data were collected by trained nurses using structured questionnaires. We analyzed data using SPSS version 24 software. Descriptive statistics and bivariable and multivariable logistic regression analyses were employed to identify factors associated with prevention practices of COVID-19.Results: More than one-fifth (22%; 95% CI: 19%, 26%) of respondents had good preventive practice. Participants who had a history of alcohol intake were 1.79 times less likely to implement good preventive practice for COVID-19 (AOR = 1.79; 95% CI; 1.09, 2.93). The respondents who had negative attitude towards COVID-19 infection were 1.69 times more likely to have poor prevention practice (AOR = 1.69; 95% CI: 1.02, 2.81).Conclusion and Recommendation: In this study, COVID-19 prevention practice among prisoners was very low. Negative attitude and previous alcohol taking history were factors associated with poor prevention practice. Accordingly, the researchers recommends to the concerned body to design educational intervention to change the attitude towards COVID-19 and other infectious diseases and behaviors of the prisoners.Keywords: COVID-19, prevention practice, prison, Sidama, Ethiopia

Public aspects of medicine
DOAJ Open Access 2022
EVALUATION OF THE PERSONALITY AND CREATIVITY OF T. G. SHEVCHENKO IN THE WORK OF F. I. SVISTUN "WHAT IS SHEVCHENKO FOR US? 1885"

Karin A.D.

The article is devoted to the study of the worldview of Philip Ivanovich Svistun, a prominent figure in the Russophile movement, and his views on the personality of T.G., Shevchenko. In his book "What is Shevchenko for us?" the famous Galician writer, historian and public figure tried to show the importance of the poet's creative heritage for the development of Ruthenian culture, education and upbringing of youth. Philip Svistun gave his interpretation of the work of the Ukrainian poet, highlighting, in his opinion, negative and put moments in his poetry. So, in his opinion, it is characterized on the one hand by deep patriotism, the idealization of the сossacks, the protection of family values and the condemnation of serfdom. On the other hand, the author emphasizes her characteristic nihilism, rebellion, as well as anti-monarchist and anti-imperial ideas deeply alien to him. Of course, this interpretation is subjective and is generally evaluative. But it is precisely this circumstance that gives particular interest to Svistun's book, since it allows a better understanding of the ideas and principles that the Russophile movement of Eastern Galicia and Bukovina defended in the period under study. In Eastern Galicia during the study period, there were two movements defending the opposite view of the identity of ruthenians. The first of them, known as muscophiles or Russophiles, insisted on the belonging of the ruthenians of Galicia to the single Russian people. The second of them considered ruthenians as part of the Ukrainian people. It was around the opposition between these movements that politics in the region largely revolved. Both russophiles and populists sought to give their interpretation of Shevchenko’s literary works, extremely popular in Galicia.

Archaeology, Law in general. Comparative and uniform law. Jurisprudence
DOAJ Open Access 2022
The Reflections of the 1921 Constitution on Turkey’s Fiscal Law Order

Barış Bahçeci

This study examines the identity of the fiscal law order shaped by constitutional rules during the period of the 1921 Constitution. The main source for the study is the minutes of the Turkish Grand National Assembly (TGNA), where financial rules are enacted and financial problems discussed. The time period that is the subject of the research is the period of the 1921 Constitution: between April 23, 1920, when the TGNA was convened, and April 24, 1924, when the 1924 Constitution and the first regular budget were enacted. Although the 1921 Constitution does not directly contain a regulation on the fiscal legal order, the change in this order was influenced by the rules of national sovereignty and the supremacy of the assembly. The study is divided into two chapters, one focusing on the issue of legality and the other on budgetary power, which are different reflections of these constitutional rules in financial law. In the first part, the application of legality is examined in terms of how its features differentiate it from the previous period, its functions in this period, and its legacy in the subsequent constitutional period. The second part analyzes how the TGNA reacted to the problem, and extraordinary role, of budget-making and control, which has been ongoing since the period of the Ottoman Parliament (Mebusan Meclisi). Thus, it was possible to reveal how the period of the 1921 Constitution differed from the previous and subsequent periods in terms of its effect on fiscal law. The outputs obtained from the study show the emergence of an identity of the Assembly that did not previously exist.

Comparative law. International uniform law

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