Legal fictions and the limits of legal language

2013 ◽  
Vol 9 (4) ◽  
pp. 485-505 ◽  
Author(s):  
Karen Petroski
Keyword(s):  
Past Century ◽  
Language Usage ◽  
Legal Language ◽  
General Phenomenon ◽  
The Past ◽  
Legal Fiction ◽  
New Directions ◽  
Legal Fictions ◽  
Work Done ◽  
Over Time

AbstractSince Lon Fuller published his 1930 trilogy of essays on the topic, students of the legal fiction have focused on identifying additional examples of fictions or challenging Fuller's classic taxonomy. But Fuller did more in these essays than propose a definition and a classification system; he also argued that legal fictions are examples of a more general phenomenon found in many systems of specialised language usage. Drawing on work done in the intervening decades on related issues outside the law, this paper develops this insight in new directions, seeking to understand in more detail one of Fuller's principal concerns: the points at which legal language stops communicating, points that may shift over time but will never completely disappear. The analysis indicates that the currently prevailing understanding of legal fictions as, in essence, consciously counterfactual propositions is historically contingent and incomplete; that legal writers have generally used the ‘legal fiction’ label to signal those writers' sense of the futility of further justification to a non-legal audience (even when they are using the term in a justification likely to be read only by a legal audience); and, contrary to the assumptions of many post-Fuller theorists, that the boundaries of the legal vocabularies recognised as self-justifying may have become less distinct over the past century.

scholarly journals Life cycle patterns of cognitive performance over the long run

2020 ◽  
Vol 117 (44) ◽  
pp. 27255-27261
Author(s):  
Anthony Strittmatter ◽  
Uwe Sunde ◽  
Dainis Zegners
Keyword(s):  
Life Cycle ◽  
Cognitive Performance ◽  
Individual Performance ◽  
Cycle Performance ◽  
Past Century ◽  
The Past ◽  
Long Run ◽  
Age Patterns ◽  
Life Cycle Patterns ◽  
Over Time

Little is known about how the age pattern in individual performance in cognitively demanding tasks changed over the past century. The main difficulty for measuring such life cycle performance patterns and their dynamics over time is related to the construction of a reliable measure that is comparable across individuals and over time and not affected by changes in technology or other environmental factors. This study presents evidence for the dynamics of life cycle patterns of cognitive performance over the past 125 y based on an analysis of data from professional chess tournaments. Individual move-by-move performance in more than 24,000 games is evaluated relative to an objective benchmark that is based on the respective optimal move suggested by a chess engine. This provides a precise and comparable measurement of individual performance for the same individual at different ages over long periods of time, exploiting the advantage of a strictly comparable task and a comparison with an identical performance benchmark. Repeated observations for the same individuals allow disentangling age patterns from idiosyncratic variation and analyzing how age patterns change over time and across birth cohorts. The findings document a hump-shaped performance profile over the life cycle and a long-run shift in the profile toward younger ages that is associated with cohort effects rather than period effects. This shift can be rationalized by greater experience, which is potentially a consequence of changes in education and training facilities related to digitization.

scholarly journals Equity and length of lifespan are not the same

2016 ◽  
Vol 113 (30) ◽  
pp. 8420-8423 ◽  
Author(s):  
Benjamin Seligman ◽  
Gabi Greenberg ◽  
Shripad Tuljapurkar
Keyword(s):  
Life Expectancy ◽  
Health Equity ◽  
Causes Of Death ◽  
The United States ◽  
Past Century ◽  
The Past ◽  
The United Kingdom ◽  
Mortality Improvement ◽  
Over Time ◽  
Age Of Death

Efforts to understand the dramatic declines in mortality over the past century have focused on life expectancy. However, understanding changes in disparity in age of death is important to understanding mechanisms of mortality improvement and devising policy to promote health equity. We derive a novel decomposition of variance in age of death, a measure of inequality, and apply it to cause-specific contributions to the change in variance among the G7 countries (Canada, France, Germany, Italy, Japan, the United Kingdom, and the United States) from 1950 to 2010. We find that the causes of death that contributed most to declines in the variance are different from those that contributed most to increase in life expectancy; in particular, they affect mortality at younger ages. We also find that, for two leading causes of death [cancers and cardiovascular disease (CVD)], there are no consistent relationships between changes in life expectancy and variance either within countries over time or between countries. These results show that promoting health at younger ages is critical for health equity and that policies to control cancer and CVD may have differing implications for equity.

scholarly journals GUIDELINES FOR A DIGITAL REINTERPRETATION OF ARCHITECTURAL RESTORATION WORK: REALITY-BASED MODELS AND REVERSE MODELLING TECHNIQUES APPLIED TO THE ARCHITECTURAL DECORATION OF THE <i>TEATRO MARITTIMO, VILLA ADRIANA</i>

2017 ◽  
Vol XLII-5/W1 ◽  
pp. 599-606 ◽  
Author(s):  
B. Adembri ◽  
L. Cipriani ◽  
G. Bertacchi
Keyword(s):  
Cross Sections ◽  
Laser Scanner ◽  
Reference Points ◽  
Past Century ◽  
The Past ◽  
Best Fitting ◽  
Modelling Techniques ◽  
Restoration Work ◽  
Architectural Restoration ◽  
Over Time

The Maritime Theatre is one of the iconic buildings of Hadrian’s Villa, Tivoli. The state of conservation of the theatre is not only the result of weathering over time, but also due to restoration work carried out during the Fifties of the past century. Although this anastylosis process had the virtue of partially restoring a few of the fragments of the compound’s original image, it now reveals diverse inconsistencies and genuine errors in the reassembling of the fragments. This study aims at carrying out a digital reinterpretation of the restoration of the architectural fragments in relation to the architectural order, with particular reference to the miscellaneous decoration of the frieze of the <i>Teatro Marittimo</i> (vestibule and <i>atrium</i>). <br><br> Over the course of the last few years the <i>Teatro Marittimo</i> has been the target of numerous surveying campaigns using digital methodology (laser scanner and photogrammetry SfM/MVS). Starting with the study of the remains of the <i>opus caementicium</i> on the ground, it is possible to identify surfaces which are then used in the model for subsequent cross sections, so as to achieve the best fitting circumferences to use as reference points to put the fragments back into place.

scholarly journals Exploring of Classification Methods for Early Detection of Alzheimer’s Disease

2019 ◽  
Vol 8 (6) ◽  
pp. 5206-5211
Keyword(s):  
Alzheimer’S Disease ◽  
Alzheimer's Disease ◽  
Learning Strategies ◽  
Early Stage ◽  
Research Work ◽  
Past Century ◽  
Classification Methods ◽  
The Past ◽  
Significant Research ◽  
Work Done

Alzheimer's disease (AD) is a degenerative brain disease, a common health problem in elderly pesople which causes decline in memory and affected on nerve cells. AD has different stages like mild congestive impairment (MIC) (early stage), moderate (middle stage), severe (late stage) it is essential to detect AD early in MIC, so that pre-emptive measures can be taken. Significant research was carried out over the past century to diagnose and detect this disease early. The objective of the article is provide a review evaluation and critical analysis of the recent research work done to early diagnosis of AD using Machine Learning Strategies.

scholarly journals The Past, Present and Future of Nordic Courts

2021 ◽  
pp. 291-308
Author(s):  
Anna Nylund
Keyword(s):  
Dispute Resolution ◽  
The State ◽  
Legal Language ◽  
The Past ◽  
Current Trends ◽  
The Future ◽  
Resolution Processes ◽  
Over Time

AbstractBased on the insights from the previous chapters in this volume, this concluding chapter discusses key traits of Nordic courts: colloquial legal language, generalist judges, ‘unrefined’ and fragmentary laws, high trust in the state and judges, and corporatism. The development of these traits over time is explored as well as the emergence of new traits that could be labelled ‘Nordic’. It also discusses how two current trends—Europeanisation and privatisation of dispute resolution processes—influence Nordic courts. The question whether a unified Nordic procedural culture still exists is raised. Finally, the future of Nordic courts is discussed.

scholarly journals Species-specific trajectories of nitrogen isotopes in Indiana hardwood forests, USA

2012 ◽  
Vol 9 (2) ◽  
pp. 867-874 ◽  
Author(s):  
K. K. McLauchlan ◽  
J. M. Craine
Keyword(s):  
Tree Species ◽  
N Deposition ◽  
Fagus Grandifolia ◽  
Past Century ◽  
Quercus Alba ◽  
N Availability ◽  
Deposition Rates ◽  
The Past ◽  
Species Specific ◽  
Over Time

Abstract. Humans have drastically altered the global nitrogen (N) cycle, and these alterations have begun to affect a variety of ecosystems. In North America, N deposition rates are highest in the central US, yet there are few studies that examine whether N availability has been increasing to different tree species in the forests of the region. To determine the species-specific trajectories of N availability in secondary temperate forests experiencing high N deposition, we measured the N concentrations and composition of stable N isotopes in wood of four tree species from six hardwood forest remnants in northern Indiana, USA. Annual nitrogen deposition rates averaged 5.8 kg ha−1 from 2000 to 2008 in this region. On average, wood δ15N values in Quercus alba have been increasing steadily over the past 100 years. In contrast, wood δ15N values have been declining in three other hardwood species – Acer saccharum, Carya ovata, and Fagus grandifolia – over the same time period. The species-specific trends suggest a change in the partitioning of ammonium and nitrate among species, due to an increase in nitrification rates over time. With no apparent net change in wood δ15N over the past century at the stand level, there is currently little evidence for consistent trends in stand-level N availability over time in the Indiana forests.

scholarly journals The Changing Landscape of Treatment for Intracranial Aneurysm

2019 ◽  
Vol 46 (2) ◽  
pp. 159-165
Author(s):  
Christopher S. Lozano ◽  
Andres M. Lozano ◽  
Julian Spears
Keyword(s):  
Intracranial Aneurysm ◽  
Intracranial Aneurysms ◽  
Open Surgery ◽  
Flow Diversion ◽  
Surgical Approaches ◽  
Past Century ◽  
Crossover Point ◽  
The Past ◽  
Liquid Material ◽  
Over Time

ABSTRACT:There has been a significant transformation in the treatment of intracranial aneurysms (IAs) over the past century, with the most pivotal changes occurring in the past three decades. To characterize this evolution, we assessed the number of articles published on various procedures for the treatment of IA as a measure of their interest and usage over time. We separated our analysis into two main areas: surgical and endovascular approaches. We further subdivided these two main categories into clipping and bypass for surgery, and coiling, flow diversion, and liquid material embolization for endovascular approaches. We found 5956 publications on open surgical approaches in the 70-year period from 1947 to 2017, with papers on clipping (n = 4204), being the most common. We found 8602 endovascular publications beginning in 1964, with most of the activity taking place in the late 1990s and beyond. Coiling had the most publications of the endovascular approaches (n = 5436). In 1999, the number of annual publications on endovascular treatments surpassed those of open surgery, signaling a crossover point in the IA literature. The same trend continues to this date.

In pursuit of power: Competition for majority status and Senate partisanship

2017 ◽  
Vol 25 (6) ◽  
pp. 782-793 ◽  
Author(s):  
Jeremy Gelman
Keyword(s):  
20Th Century ◽  
Party Competition ◽  
Past Century ◽  
Roll Call ◽  
Roll Call Vote ◽  
The Past ◽  
Using Data ◽  
Partisan Conflict ◽  
Over Time ◽  
Main Factor

During the 20th century, Congress experienced two main shifts in partisan conflict. Early decades were marked by a substantial decrease in party divisiveness, reaching a nadir by mid-century. Beginning in the 1970s, partisanship has increased to the point that Congress is viewed as “hyper-partisan.” Political scientists have thoroughly examined this more recent shift; however, few studies consider why party divisiveness has fluctuated during the past century and over time more generally. Lee’s recent work contends a main factor that drives legislative partisanship is the majority party’s prospects for retaining control of its chamber. Using data on every Senate roll call vote since 1915 and a novel measure of party competition, I test an extension of Lee’s argument and examine whether partisan voting is associated with insecure majority status. My results indicate that voting coalitions in the Senate become more partisan as the majority’s probability of remaining in power decreases.

scholarly journals A tale of reviews in two history of science journals

2021 ◽  
Vol 20 ◽  
pp. 755-785
Author(s):  
Richard L. Kremer ◽  
Ad Maas
Keyword(s):  
Research Methods ◽  
History Of Science ◽  
Past Century ◽  
History Of Astronomy ◽  
The Past ◽  
Fixed Set ◽  
History Of ◽  
Over Time

This paper examines the role of book reviews in the discipline of the history of science by comparing their appearance in two periodicals, Isis, the flagship journal of the discipline that was founded in 1913, and the Journal for the History of Astronomy, founded in 1970 to serve a newly emerging, specialized subfield within the broader discipline. Our analysis of the reviews published in selected slices of time finds differing norms and reviewing practices within the two journals. Despite important changes during the past century in the conceptualization of the history of science and its research methods, reviewing practices in Isis remained remarkably consistent over time, with reviewers generally defending a fixed set of norms for “good” scholarship. More change appears in reviews of the Journal for the History of Astronomy, as its audience shifted from a mix of the laity, working astronomers, and historians to a specialized group of professional historians of astronomy. Scholarly norms, reflected in the reviews, shifted with these changes in readership. We conclude that book reviews offer rich sources for analyzing the evolution of scholarly disciplines and norms.

scholarly journals The Effects Of Communication Mediums On The Evolution Of Modern And Contemporary Western Poetry

2021 ◽  
Author(s):  
Sarah Ostapchuk
Keyword(s):  
Word Frequency ◽  
Past Century ◽  
Change Over Time ◽  
Frequency Word ◽  
The Past ◽  
Over Time

This study analyses how popular communication mediums over the past century have changed the form and content of poetry. A periodical and small magazine published in 1912 are assessed and compared, as well as an anthology and several poems from Instagram published in 2014. All poems are also briefly compared to get an understanding of change over time. Medium affordances are considered, especially with respect to multimodal capacities. By assessing vocabulary density, word frequency, word distinctiveness, and visual formatting, characteristics of poetry from specific mediums arise, leading to a conclusion that mediums have an effect on the evolution of poetry.

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