Hasil untuk "History of Law"

J. Dieterich

A. Beauchamp

Patricia Benezech-Sarron

L’article analyse le recul progressif du modèle français de protection des espaces naturels fondé sur l’acquisition publique, fragilisé par la baisse des ressources et le recul des acquisitions du Conservatoire du littoral et des départements. Face à cette crise, émergent des outils alternatifs – en particulier les obligations réelles environnementales (ORE), inspirées des conservation easements américaines – qui permettent de protéger des terrains privés sans les acquérir. Leur institutionnalisation est toutefois limitée par la persistance de plusieurs freins dont notamment leur faible attractivité fiscale, l’absence de registre national, et le principe d’indépendance des législations qui empêche leur intégration dans la planification urbaine. L’étude montre ainsi que la France adopte les instruments américains sans en transposer la logique profonde, ce qui conduit à une situation paradoxale : l’État n’a plus les moyens d’acquérir pour protéger, mais n’assume pas pleinement une stratégie de protection sans acquisition.

A. Karim, E. Schinnerer, A. Martínez-Sansigre et al.

We explore the redshift evolution of the specific star formation rate (SSFR) for galaxies of different stellar mass by drawing on a deep 3.6 μm selected sample of >105 galaxies in the 2 deg2 COSMOS field. The average star formation rate (SFR) for subsets of these galaxies is estimated with stacked 1.4 GHz radio continuum emission. We separately consider the total sample and a subset of galaxies that shows evidence for substantive recent star formation in the rest-frame optical spectral energy distributions. At redshifts 0.2 2, at least for high-mass (M* ≳ 4 × 1010 M☉) systems where our conclusions are most robust. Our data show that there is a tight correlation with power-law dependence, SSFR ∝ M*β, between SSFR and stellar mass at all epochs. The relation tends to flatten below M* ≈ 1010 M☉ if quiescent galaxies are included; if they are excluded from the analysis a shallow index βSFG ≈ −0.4 fits the correlation. On average, higher mass objects always have lower SSFRs, also among SF galaxies. At z>1.5 there is tentative evidence for an upper threshold in SSFR that an average galaxy cannot exceed, possibly due to gravitationally limited molecular gas accretion. It is suggested by a flattening of the SSFR–M* relation (also for SF sources), but affects massive (>1010 M☉) galaxies only at the highest redshifts. Since z = 1.5 there thus is no direct evidence that galaxies of higher mass experience a more rapid waning of their SSFR than lower mass SF systems. In this sense, the data rule out any strong “downsizing” in the SSFR. We combine our results with recent measurements of the galaxy (stellar) mass function in order to determine the characteristic mass of an SF galaxy: we find that since z ∼ 3 the majority of all new stars were always formed in galaxies of M* = 1010.6±0.4 M☉. In this sense, too, there is no “downsizing.” Finally, our analysis constitutes the most extensive SFR density determination with a single technique out to z = 3. Recent Herschel results are consistent with our results, but rely on far smaller samples.

I. K. Kim

Introduction. In domestic and foreign historiography, there are no studies on the parliamentary elections during the period of the April constitution in Poland (1935-1939) and the activities of the authorities in their course. Materials and Methods. The study is interdisciplinary in nature. It employs the methods of historical science and related sciences. It is based on archival materials - documents of state institutions during the election period. Analysis. The misuse of authority during the election campaigns, the electoral act itself and in determining the results of the parliamentary elections of 1935 and 1938 in Poland are investigated. Central authorities gave directions to the lower ones in order to achieve a beneficial result for themselves at any cost. Results. The research shows various misuses of authority on the part of state institutions in the elections of 1935 and 1938, especially the latter. The main indicator of success - high turnout in the elections to the Sejm - was not achieved in 1935 and was significantly higher in 1938. This was achieved in part through violations of the law.

Antonov B.A.

The text of C. Schmitt’s “Political Theology” was published in 1922, when the actual fall of the Weimar Republic provoked the beginning of the ideological struggle of German intellectuals the result of which was the rise of national socialism. In connection with this, "Political Theology" is rightfully considered an actual scientific representation of the history of Germany in the twentieth century, and his theory of sovereignty and sovereignty represents a conditioned choice of the country in favor of national socialism. Unlike most theologians of the 20th century, Schmitt considers political theology as a methodological approach with which it is possible to reconstruct the corresponding (to a particular historical period) picture of the world, using the similarity between metaphysical and state-legal concepts as the basis for such reconstruction. The key concept confirming this similarity is the concept of sovereign, which is historically and legally associated with the concept of absolute power. The author of the article focuses on the multiplicity of interpretations (from purely positive to extremely negative) offered by Schmitt's supporters and opponents regarding his understanding of political theology in general and absolute power in particular. The basis for putting forward a number of critical arguments against Schmitt's political theology is the recognition of its methodological inconsistency, which is explained by the lack of any evidence on the part of its author regarding the identity between theological and state-legal concepts. As a result, political theology is often used as an orthodox rhetorical practice, which leads to direct, non-critical borrowing of religious concepts by modern political leaders.

Tomasz Snarski

Artykuł jest rezultatem interdyscyplinarnych badań nad prawniczymi aspektami biografii i twórczości Czesława Miłosza. Przybliża nieco zapomnianą w powszechnym odbiorze prawniczą tożsamość Czesława Miłosza, nawiązując do ukończenia przez niego uniwersyteckich studiów prawniczych, a także poszukując tropów prawnych w wybranych utworach noblisty. Praca opiera się na przeprowadzonych badaniach historycznych, literaturoznawczych i filozoficznoprawnych. Bada nie tylko biografię noblisty, ale również stawia pytania o możliwość interpretacji jego dzieł literackich przy zastosowaniu refleksji filozoficznoprawnej, wykorzystując podejście postanalitycznej filozofii prawa, w tym dorobek kierunku badań prawno-literackich. Stanowi także studium edukacji prawniczej na Uniwersytecie Stefana Batorego w Wilnie w okresie międzywojennym.

Matthé Scholten, Simone A. Efkemann, Mirjam Faissner et al.

Abstract Background Self-binding directives (SBDs) are psychiatric advance directives that include a clause in which mental health service users consent in advance to involuntary hospital admission and treatment under specified conditions. Medical ethicists and legal scholars identified various potential benefits of SBDs but have also raised ethical concerns. Until recently, little was known about the views of stakeholders on the opportunities and challenges of SBDs. Aims This article aims to foster an international exchange on SBDs by comparing recent empirical findings on stakeholders’ views on the opportunities and challenges of SBDs from Germany, the Netherlands, and the United Kingdom. Method Comparisons between the empirical findings were drawn using a structured expert consensus process. Results Findings converged on many points. Perceived opportunities of SBDs include promotion of autonomy, avoidance of personally defined harms, early intervention, reduction of admission duration, improvement of the therapeutic relationship, involvement of persons of trust, avoidance of involuntary hospital admission, addressing trauma, destigmatization of involuntary treatment, increase of professionals’ confidence, and relief for proxy decision-makers. Perceived challenges include lack of awareness and knowledge, lack of support, undue influence, inaccessibility during crisis, lack of cross-agency coordination, problems of interpretation, difficulties in capacity assessment, restricted therapeutic flexibility, scarce resources, disappointment due to noncompliance, and outdated content. Stakeholders tended to focus on practical challenges and did not often raise fundamental ethical concerns. Conclusions Stakeholders tend to see the implementation of SBDs as ethically desirable, provided that the associated challenges are addressed.

Shantanu Desai, Rajdeep Agrawal, Haveesh Singirikonda

Abstract We use the spectral lag catalog of 46 short GRBs aggregated by Xiao et al. (Astrophys J Lett 924:L29, 2022), to carry out an independent search for Lorentz invariance violation (LIV). For this purpose, we use a power-law model as a function of energy for the intrinsic astrophysical induced spectral lags. The expansion history of the universe needed for constraining LIV was obtained in a non-parametric method using cosmic chronometers. We use Bayesian model comparison to determine if the aforementioned spectral lags show evidence for LIV as compared to only astrophysically induced lags. We do not find any evidence for LIV, and obtain 95% CL lower limits on the corresponding energy scale to be $$4 \times 10^{15}$$ 4 × 10 15  GeV and $$6.8 \times 10^{9}$$ 6.8 × 10 9  GeV for the linear and quadratic LIV models respectively. Our results obtained by using the flat $$\Lambda $$ Λ CDM model for characterizing the cosmic expansion history are consistent with those obtained using chronometers.

Sophia Hayat Taha

(B)ordering Britain offers an awakening and painful realization for those with a history of being racialized that the nature of British othering, necropolitics and policing of bodies has a traceabl...

T. Neal, K. Martire, J. Johan et al.

We review the state of forensic mental health assessment. The field is in much better shape than in the past; however, significant problems of quality remain, with much room for improvement. We provide an overview of forensic psychology's history and discuss its possible future, with multiple audiences in mind. We distill decades of scholarship from and about fundamental basic science and forensic science, clinical and forensic psychology, and the law of expert evidence into eight best practices for the validity of a forensic psychological assessment. We argue these best practices should apply when a psychological assessment relies on the norms, values, and esteem of science to inform legal processes. The eight key considerations include ( a) foundational validity of the assessment; ( b) validity of the assessment as applied; ( c) management and mitigation of bias; ( d) attention to quality assurance; ( e) appropriate communication of data, results, and opinions; (  f ) explicit consideration of limitations and assumptions; ( g) weighing of alternative views or disagreements; and ( h) adherence with ethical obligations, professional guidelines, codes of conduct, and rules of evidence. Expected final online publication date for the Annual Review of Law and Social Science, Volume 18 is October 2022. Please see http://www.annualreviews.org/page/journal/pubdates for revised estimates.

T. Edition, Philippe Sands, Jacqueline Peel et al.

The third edition of this classic textbook offers comprehensive and critical commentary on international environmental law. It fully covers the key topics of the course and is clearly structured to include the history and framework in which international environmental law exists, key areas of regulation and implementation, links to other areas of law and future developments. It has been updated to incorporate all the latest developments in treaty and case law. Extensive feedback on previous editions results in a re-structuring of material, including a new part focused on linkage to other areas of international law including human rights, international trade and foreign investment. There is also a new chapter on future developments charting the directions in which the subject is moving. Specialist authors writing on oceans, seas and fisheries and biodiversity add to the expertise of the two principal authors for an authoritative overview of the subject.

R. Alicki, R. Kosloff

Quantum Thermodynamics is a continuous dialogue between two independent theories: Thermodynamics and Quantum Mechanics. Whenever the two theories have addressed the same phenomena new insight has emerged. We follow the dialogue from equilibrium Quantum Thermodynamics and the notion of entropy and entropy inequalities which are the base of the II-law. Dynamical considerations lead to non-equilibrium thermodynamics of quantum Open Systems. The central part played by completely positive maps is discussed leading to the Gorini–Kossakowski–Lindblad–Sudarshan “GKLS” equation. We address the connection to thermodynamics through the system-bath weak-coupling-limit WCL leading to dynamical versions of the I-law. The dialogue has developed through the analysis of quantum engines and refrigerators. Reciprocating and continuous engines are discussed. The autonomous quantum absorption refrigerator is employed to illustrate the III-law. Finally, we describe some open questions and perspectives.

Nicolas Bacaër

Nurkić Benjamin, Hasanović Faris

The rule of law is one of the key concepts in the 21st century. The idea of the rule of law exists to the extent that there are reflections on the state and law, and a relationship between these two concepts. The aim of this paper is to show in one place the development of the idea of the rule of law through history. In this sense, the authors look at the thoughts of philosophers who have largely determined the direction of development of the idea of the rule of law. Of course, not all philosophers who have contemplated the rule of law are listed in the paper, but it nevertheless attempts to show in chronological order how the rule of law as an idea developed from Plato to its modern theorists.

Naser Sedghi

The Seljuk government had two major internal barriers to establishing centralized and stable bureaucratic management. The first obstacle was the lack of stable financial and monetary resources. The second obstacle was the lack of a centralized communication and transportation system in the political realm. The dominance of the natural economy in the society and the low prevalence of money in the market and trade relations caused the shortage and limitation of monetary resources in the central treasury. Because the government had to collect taxes in a non-monetary way. Lack of liquidity in the government treasury was the most important obstacle to the establishment and consolidation of the bureaucracy. The policy of the Seljuk government in Assignment of Igta’ and non-cash payments to government officials was due to lack of liquidity. Also, the lack of a transportation system and continuous means of communication within the political realm led to the inability of the Central Court to continuously oversee the provinces and the activities of local and province governors. These two conditions led to the disintegration of the Seljuk state and the collapse of the central bureaucracy.

Victor Akopyan

The article discusses the status of the city of Nakh-ichevan-on-Don. The city was founded by the Crimean Armenians in 1779, and in 1926-1928 it was the administrative center of the Armenian Myasnikovsky district. No single national district in the South of Russia had an administrative center in the city. Proclamation of Nakhichevan as the administrative center of the district enjoyed support among not only local officials and members of their families but the public at large, as they believed it conveyed deep national meaning. The leaders of the region and the district pursued a different goal. Having proclaimed Nakhichevan the center of the district, they tried to prevent the supporters of the Gadzievs clan that used to hold leading official positions in the district from regaining them. It was planned to relocate the center to Chaltyr or the Crimea as soon as Gadzievs's influence was eliminated. The author shows that in the year following the creation of Myasnikovsky district the higher management began to exert pressure on the Armenian authorities with the aim of making their own decisions about the transfer of the center of New Na-khchivan in one of large villages. In the discussion on the status of Nakhichevan as a district centre the fate of the city was under question. Without the consent of indigenous Armenian population of the Don, in 1928 the Central district of Nakhichevan was moved to the village of Crimea, and then to Chaltyr. In the same year, Nakhichevan was annexed to the city of Rostov-on-Don.

Tomasz Szczygieł

Artykuł prezentuje wykorzystywanie w doktrynie i praktyce orzeczniczej Polski Ludowej 1944–1969 konstrukcji zamiaru ewentualnego (dolus eventualis) do kształtowania – a de facto zaostrzania – polityki karnej w sprawach o czyny objęte nieumyślnością. Autor koncentruje swoje rozważania w szczególności na sprawach przeciwko interesom politycznym i gospodarczym państwa, przestępczości komunikacyjnej oraz dotyczących przeciwdziałania negatywnym skutkom alkoholizmu. Przeprowadzone analizy wskazują, że we wszystkich tych obszarach braki systemu prawa karnego oraz subtelna (dowodowa) różnica między świadomą nieumyślnością (lekkomyślnością) a zamiarem ewentualnym były wykorzystywane na niekorzyść potencjalnych sprawców. Fakty te dobitnie potwierdzają znaną powszechnie właściwość ówczesnego systemu, a więc jego instrumentalizm w wykorzystywaniu prawa karnego, do kształtowania – zwalczania – negatywnych aspektów rzeczywistości społeczno-gospodarczo-politycznej.

Анна Владиславовна Попова, A. Popova

The content of the textbook consistently reveals the necessary definitions, history and research methods of the discipline "Theory of state and law" in accordance with the work program. This publication is prepared in accordance with the requirements of the Federal state educational standard of higher education of the last generation. The textbook is designed for students enrolled in the specialty "Jurisprudence", postgraduates and lecturers of law universities and faculties, and anyone interested in legal issues.

Bent Flyvbjerg