Undesigned Consequences of Purposive Legislative Action: Alternatives to Implementation

1981 ◽  
Vol 1 (4) ◽  
pp. 413-431 ◽  
Author(s):  
Lewis Anthony Dexter

ABSTRACTThis paper is an attempt to make more specific the familiar sociological notion of the ‘unanticipated consequences of social action’. Reasons for the relative neglect by practitioners and analysts of the side-effects of legislative action are suggested. The discussion of unintended and unanticipated social action is related to the work of classic sociologists, to theorists of diffusion, and to the study of innovations and inventions. Previous studies of Congress (including those by the author) are shown to have focussed on process and representation at the expense of the legislation itself and its consequences, examples of which are considered in this paper. An economic law about the creation of demands by legislation, explaining the development of many side-effects, is proposed. The relationship between rules expressed in enactments and the whole system of formal and informal rules in the life of a society is explored. A number of considerations for future work are outlined, and the paper concludes by arguing that greater awareness of the problem of side-effects will have two valuable consequences: (1) the identification of general tendencies may help to avoid gross perversion of purposes; (2) even where there are no clear regularities of response, the observation of patterns of side-effects and their correlation with other factors may enable analysts to anticipate likely side-effects and suggest readjustments.

2002 ◽  
Vol 6 (1) ◽  
pp. 25-45 ◽  
Author(s):  
Peter Duff

On 1 April 1996, a rather odd provision was introduced into the Scottish criminal justice process, namely a duty on both prosecution and defence to try to agree uncontroversial evidence in advance of criminal trial.1 As far as the writer is aware, such a provision is unique, although the philosophy underlying its introduction is not totally alien to inquisitorial systems of criminal justice.2 What is particularly peculiar about this duty is that there is no sanction for a failure, however unreasonable, to agree uncontroversial evidence.3 The lack of a sanction resulted from a concern that the creation of any penalty would impinge unjustifiably upon the rights of the accused. The intention in this article is to explore in detail the relationship between the duty to agree uncontroversial evidence and the position of the accused, and to suggest that the imposition of a sanction for a breach of this duty is not as problematic as was thought by those responsible for the legislation.


2019 ◽  
Author(s):  
Liwei Cao ◽  
Danilo Russo ◽  
Vassilios S. Vassiliadis ◽  
Alexei Lapkin

<p>A mixed-integer nonlinear programming (MINLP) formulation for symbolic regression was proposed to identify physical models from noisy experimental data. The formulation was tested using numerical models and was found to be more efficient than the previous literature example with respect to the number of predictor variables and training data points. The globally optimal search was extended to identify physical models and to cope with noise in the experimental data predictor variable. The methodology was coupled with the collection of experimental data in an automated fashion, and was proven to be successful in identifying the correct physical models describing the relationship between the shear stress and shear rate for both Newtonian and non-Newtonian fluids, and simple kinetic laws of reactions. Future work will focus on addressing the limitations of the formulation presented in this work, by extending it to be able to address larger complex physical models.</p><p><br></p>


Panggung ◽  
2014 ◽  
Vol 24 (1) ◽  
Author(s):  
Nur Sahid

ABSTRACTRevolutionary struggle in order to compete for the independence of Indonesia has been a source of inspiration Indonesian artists, including Bambang Soelarto who wrote drama Domba-domba Re- volusi (DDR). DDR studied drama is quite interesting because it tries to criticize the freedom fight- ers. This study aims to: first to know the theme and the problem plays DDR; second to determine the relationship of the socio - historical struggle in 1948 with the sociological elements of drama DDR themes and issues. This study uses sociological theory of art. The basic principles of the sociology of art is the fact that the creation of works of art influenced by the historical social conditions where the work was created. Research using content analysis of Krippendorf, the methods used to examine the symbolic phenomena with the aim to explore and express the observed phenomenon which is the content, meaning, and an essential element of the literary work. Based results of this research is that Bambang Soelarto as the author tries to capture di?erence between fighters during the struggle for the political aspirations for 1948 are expressed in a work of drama. Historical events inspired the creation of drama DDR. Soelarto want to respond to the political aspirations of the di?erence between historical figures and wanted to provide an assessment and outlook through DDR.Keywords: themes, drama, sociology of art, social historical ABSTRAKRevolusi perjuangan dalam rangka memperebutkan kemerdekaan Indonesia telah men- jadi sumber inspirasi para seniman Indonesia, termasuk Bambang Soelarto yang menulis drama Domba-domba Revolusi (DDR). Drama DDR cukup menarik diteliti karena mencoba mengkritisi para pejuang kemerdekaan. Penelitian ini bertujuan untuk: pertama, mengeta- hui tema dan permasalah drama DDR; kedua, mengetahui hubungan kondisi sosio-histo- ris perjuangan pada tahun 1948 dengan unsur-unsur sosiologis terimplisir pada unsur tema dan masalah drama DDR. Penelitian ini menggunakan teori sosiologi seni. Prinsip dasar dari sosiologi seni adalah adanya fakta bahwa penciptaan karya seni dipengaruhi oleh kon- disi sosial historis tempat karya itu diciptakan. Penelitian ini menggunakan metode con- tent analysis dari Krippendorf, yakni metode yang dipergunakan untuk meneliti fenome- na-fenomena simbolik dengan tujuan untuk menggali dan mengungkapkan fenomena yang teramati yang merupakan isi, makna, dan unsur esensial karya sastra. Berdasarkan hasil penelitian dapat diketahui bahwa Bambang Soelarto sebagai penulis mencoba un- tuk menangkap perbedaan antara pejuang aspirasi politik selama perjuangan tahun 1948 untuk diekspresikan dalam sebuah karya drama. Peristiwa sejarah mengilhami penciptaan drama DDR. Soelarto ingin menanggapi aspirasi politik perbedaan antara tokoh-tokoh se- jarah dan ingin memberikan penilaian dan pandangan pandangannnya melalui DDR.Kata kunci: tema, drama, sosiologi seni, sosial historis


2018 ◽  
Vol 79 (9) ◽  
pp. 61-66
Author(s):  
N. V. Khalikovа

The article considers the functions of the system of verbal imagery’s in the creation of the scientific style of V.V. Vinogradov. The figurativeness of basic, background and metaphorical terms is described. The semantic structure of the image of the basic term «style» is analyzed, figurative paradigms of the concepts Language, Speech and Style are revealed. The article shows the relationship between scientific thinking and metaphorical style, the role of sustainable cognitive metaphors in the creation, storage and transfer of pragmatic information and the creation of a cultural and historical context.


Author(s):  
المختار الأحمر

الملخّص يتناول البحث علاقة الفطرة بالشريعة في التفكير الإسلامي، وما تطرحه هذه العلاقة سواء على مستوى بيان الجوانب المتعلقة بخَلْق الإنسان وما فُطِر عليه ابتداء، وهذا البعد يمثّل الجانب التكوني في مفهوم الفطرة، أو على المستوى المتعلق بالشريعة وفطريتها، أي أنها جارية وفق ما يدركه العقل وتشهد به الفطرة، وهذا البعد يمثّل الجانب التشريعي الذي يطرحه مفهوم الفطرة. لقد زخرت أغلب الكتابات بتناول جانبا واحدا مما يتيحه أو يعكسه مفهوم الفطرة، لكن البحث في العلاقة التناسبية بين الفطرة والشريعة، وما يتيحه هذا النظر المتلازم بين المفهومين على مستوى الإمكانات المتعلقة بقدرات الإنسان الفطرية في فهم وتعقّل الخطاب الشرعي والأحكام التكليفية، والوقوف على غاياته ومقاصده، يبقى في حاجة إلى البحث والاستقصاء. ولذلك تأتي هذه الدراسة لتسليط الضوء على الجانب التشريعي والتكويني في علاقة الشريعة بالفطرة، باعتبارهما نظامين متلازمين يتيحان فهم طبيعة الشريعة وأحكامها ومقاصدها من جهة، وتحديد جوهر وماهية الإنسان الفطرية وإمكاناته في تعقّل هذه الشريعة من جهة ثانية.                  الكلمات المفتاحية: الفطرة، الشريعة، الدين، التكاليف، العقل. Abstract This research addresses the relationship between premordial human nature (fitrah) and Islamic law (SharÊÑah) within the frame of Islamic thought, while exploring the questions it raises at two levels. The first level explains the aspects related to the creation of man and what has initially been bestowed upon him, which represents the evolutionary aspect of the concept of fiÏrah. The second level is related to SharÊÑah and its nature, which evolves according to what is percieved by reason and witnessed by fiÏrah; this represents the legislative aspect presented by the concept of fiÏrah. The majority of studies to date address a single aspect of the illustrations of the concept of fiÏrah. However, research on the dialectic relationship between fiÏrah and SharÊÑah and what its relevant concurrent view provides at the level of potentials related to human innate capacities in understanding and realizing SharÊÑah discourse and mandatory provisions as well as understanding its objectives  remains scarce and requires further research and investigation. Therefore, this study intends to shed light on the legislative and evolutionary aspects of the relationship between SharÊÑah and fiÏrah as two interconnected systems that allow for the understanding of the nature of SharÊÑah, its provisions and purposes, as well as identifying the essence of human innate nature and its potential in perceiving SharÊÑah. Keywords: human nature (fiÏrah), Islamic law (SharÊÑah), religious mandates (TakÉlif), religion, intellect (ÑAqal).


2019 ◽  
Author(s):  
Amanda Goodwin ◽  
Yaacov Petscher ◽  
Jamie Tock

Various models have highlighted the complexity of language. Building on foundational ideas regarding three key aspects of language, our study contributes to the literature by 1) exploring broader conceptions of morphology, vocabulary, and syntax, 2) operationalizing this theoretical model into a gamified, standardized, computer-adaptive assessment of language for fifth to eighth grade students entitled Monster, PI, and 3) uncovering further evidence regarding the relationship between language and standardized reading comprehension via this assessment. Multiple-group item response theory (IRT) across grades show that morphology was best fit by a bifactor model of task specific factors along with a global factor related to each skill. Vocabulary was best fit by a bifactor model that identifies performance overall and on specific words. Syntax, though, was best fit by a unidimensional model. Next, Monster, PI produced reliable scores suggesting language can be assessed efficiently and precisely for students via this model. Lastly, performance on Monster, PI explained more than 50% of variance in standardized reading, suggesting operationalizing language via Monster, PI can provide meaningful understandings of the relationship between language and reading comprehension. Specifically, considering just a subset of a construct, like identification of units of meaning, explained significantly less variance in reading comprehension. This highlights the importance of considering these broader constructs. Implications indicate that future work should consider a model of language where component areas are considered broadly and contributions to reading comprehension are explored via general performance on components as well as skill level performance.


2018 ◽  
Vol 24 (3) ◽  
pp. 341-358 ◽  
Author(s):  
Xiaotong Ji ◽  
Yingying Zhang ◽  
Guangke Li ◽  
Nan Sang

Recently, numerous studies have found that particulate matter (PM) exposure is correlated with increased hospitalization and mortality from heart failure (HF). In addition to problems with circulation, HF patients often display high expression of cytokines in the failing heart. Thus, as a recurring heart problem, HF is thought to be a disorder characterized in part by the inflammatory response. In this review, we intend to discuss the relationship between PM exposure and HF that is based on inflammatory mechanism and to provide a comprehensive, updated evaluation of the related studies. Epidemiological studies on PM-induced heart diseases are focused on high concentrations of PM, high pollutant load exposure in winter, or susceptible groups with heart diseases, etc. Furthermore, it appears that the relationship between fine or ultrafine PM and HF is stronger than that between HF and coarse PM. However, fewer studies paid attention to PM components. As for experimental studies, it is worth noting that coarse PM may indirectly promote the inflammatory response in the heart through systematic circulation of cytokines produced primarily in the lungs, while ultrafine PM and its components can enter circulation and further induce inflammation directly in the heart. In terms of PM exposure and enhanced inflammation during the pathogenesis of HF, this article reviews the following mechanisms: hemodynamics, oxidative stress, Toll-like receptors (TLRs) and epigenetic regulation. However, many problems are still unsolved, and future work will be needed to clarify the complex biologic mechanisms and to identify the specific components of PM responsible for adverse effects on heart health.


2021 ◽  
pp. 105971232199468
Author(s):  
Jeannette Pols

The response asks about the relationship between artist and audience in the RAAAF artworks. Is the artist an Autonomous Innovator who breaches the ties with the past and the environment? Or is the aesthetic practice located in the creation of relationships around these objects, hence expanding the artwork by using know-how, experiences and enthusiasm of the audience/users?


2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Alena Zhdanava ◽  
Surinderpal Kaur ◽  
Kumaran Rajandran

Abstract Ecolinguistics studies the interactions between language and ecology. It investigates whether the stories created by language are destructive or beneficial to all the constituents of the environment. In search of positive stories for our environment, this article focuses on vegan campaigns which generally bring awareness about veganism that, in turn, advocates protection of nonhuman animals and abstention from their exploitation. Nonhuman animals are part of the ecosystem and the way they are portrayed in language may determine the relationship between human and nonhuman animals. As vegan campaigns refer to nonhuman animals as sentient living beings, it is important to analyze whether the language and image of these campaigns articulate their purposes and create beneficial stories for nonhuman species. This article explores the stories regarding nonhuman animals in 27 posters of the vegan campaign “Go Vegan World” and examines how these stories are shaped and whether they are aligned with vegan values. The study is approached from an ecolinguistic perspective with a focus on multimodality where the language was analyzed through van Leeuwen’s Social Actor and Social Action theory, and the image was analyzed with Kress and van Leeuwen’s Grammar of Visual Design. Further, the analysis involves the ecosophy defined as a personal ecological philosophy of relationships between human and nonhuman animals, plants, and the physical environment. The findings suggest that the campaign language and image shape three stories: salience where nonhuman animals are individuals with their own feelings and lives; conviction that nonhuman animals matter as much as humans; ideology where biocentrism is promoted. By comparing these stories with the article’s ecosophy, an ecolinguistic analysis showed that they are largely beneficial in representing nonhuman animals as sentient living beings who are equal to humans.


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