scholarly journals To the problem of the hermeneutics of the legal foundations of philosophy

2019 ◽  
Vol 72 ◽  
pp. 04008
Author(s):  
Vitaly Kosykhin ◽  
Svetlana Malkina

In a certain sense, law and philosophy equally claim to be the fundamental basis of human activity. The present paper examines the problem of possible common field of interpretation for philosophical and legal hermeneutics, where a situation of mutual convergence could overcome a potential “conflict of interpretations”. The interpretive nature of truth in hermeneutics reveals a multiplicity of possible foundations both in the principles of philosophy and in the concepts and norms of law. Hence, the main common task of philosophical and legal hermeneutics is the creation of a new sense of legality. The right is the establishment of some boundaries. But the philosophy is to put any boundaries and grounds in question, including the question of its own right. Therefore, the problem of legal philosophy inevitably leads us to questions about the right of philosophy and the right to philosophy.

Author(s):  
Arkadiusz Urbanek

This article discusses securing the right to respect for one's own religion, identity, and culture. However, it confronts them with penitentiary practice in Polish organizational and legal conditions. There emerges an interesting space for analysing different tendencies to uniformize the conditions of punishment and protection of individualization. Not only are procedural issues involved, but, above all, the mentality and attitudes presented by penitentiary officers. The deliberations are focused on a kind of conflict between yielding under the demands of a different culture and the resistance of prison staff against respecting them. Presented conclusions are the results of field research among penitentiary officers in Poland, but they all start a discussion on the creation of penitentiary policy in this area, especially in countries with poor experience in working with Muslims.


2020 ◽  
Vol 9 (3) ◽  
pp. 131-144
Author(s):  
D.A. REDIN ◽  

The purpose of the article is to research the history of creation and formation of the Chancellery of Contract Affairs – the first supervisory and regulatory body in the field of public procurement in Russia. The early history of the Contracting Chancellery (1715–1717) can be traced in the context of the development of legislative and administrative regulation of public procurement during the reign of Peter the Great. The institution of public procurement itself, according to the author, is associated with the acquisition of distinct features of the modern state by Russia, which was manifested in the previous time. The immediate impetus for the development of the institution was the reform of the armed forces and the resulting mobilization efforts of the supreme power. The very content of the research predetermined the use of source-based and historical-legal methods. As a result of the study, the author states that the creation of a special body – the Chancellery of Contract Affairs, designed to take control of the situation under state contracts, turned out to be the right decision. The well-coordinated work of the Contracting Chancellery with the Senate, fiscal authorities and investigative bodies led to the creation of a number of important regulatory legal acts, almost ‘from scratch’ forming the legislative basis for the institution of public procurement functioning. The need for further work on the designated topic is noted.


Agronomy ◽  
2021 ◽  
Vol 11 (5) ◽  
pp. 952
Author(s):  
Lia Duarte ◽  
Ana Cláudia Teodoro ◽  
Joaquim J. Sousa ◽  
Luís Pádua

In a precision agriculture context, the amount of geospatial data available can be difficult to interpret in order to understand the crop variability within a given terrain parcel, raising the need for specific tools for data processing and analysis. This is the case for data acquired from Unmanned Aerial Vehicles (UAV), in which the high spatial resolution along with data from several spectral wavelengths makes data interpretation a complex process regarding vegetation monitoring. Vegetation Indices (VIs) are usually computed, helping in the vegetation monitoring process. However, a crop plot is generally composed of several non-crop elements, which can bias the data analysis and interpretation. By discarding non-crop data, it is possible to compute the vigour distribution for a specific crop within the area under analysis. This article presents QVigourMaps, a new open source application developed to generate useful outputs for precision agriculture purposes. The application was developed in the form of a QGIS plugin, allowing the creation of vigour maps, vegetation distribution maps and prescription maps based on the combination of different VIs and height information. Multi-temporal data from a vineyard plot and a maize field were used as case studies in order to demonstrate the potential and effectiveness of the QVigourMaps tool. The presented application can contribute to making the right management decisions by providing indicators of crop variability, and the outcomes can be used in the field to apply site-specific treatments according to the levels of vigour.


Sensors ◽  
2018 ◽  
Vol 18 (11) ◽  
pp. 3910 ◽  
Author(s):  
Taeho Hur ◽  
Jaehun Bang ◽  
Thien Huynh-The ◽  
Jongwon Lee ◽  
Jee-In Kim ◽  
...  

The most significant barrier to success in human activity recognition is extracting and selecting the right features. In traditional methods, the features are chosen by humans, which requires the user to have expert knowledge or to do a large amount of empirical study. Newly developed deep learning technology can automatically extract and select features. Among the various deep learning methods, convolutional neural networks (CNNs) have the advantages of local dependency and scale invariance and are suitable for temporal data such as accelerometer (ACC) signals. In this paper, we propose an efficient human activity recognition method, namely Iss2Image (Inertial sensor signal to Image), a novel encoding technique for transforming an inertial sensor signal into an image with minimum distortion and a CNN model for image-based activity classification. Iss2Image converts real number values from the X, Y, and Z axes into three color channels to precisely infer correlations among successive sensor signal values in three different dimensions. We experimentally evaluated our method using several well-known datasets and our own dataset collected from a smartphone and smartwatch. The proposed method shows higher accuracy than other state-of-the-art approaches on the tested datasets.


2016 ◽  
Vol 45 (3) ◽  
pp. 24-39
Author(s):  
Nabila El-Ahmed ◽  
Nadia Abu-Zahra

This article argues that Israel substituted the Palestinian refugees' internationally recognized right of return with a family reunification program during its maneuvering over admission at the United Nations following the creation of the state in May 1948. Israel was granted UN membership in 1949 on the understanding that it would have to comply with legal international requirements to ensure the return of a substantial number of the 750,000 Palestinians dispossessed in the process of establishing the Zionist state, as well as citizenship there as a successor state. However, once the coveted UN membership had been obtained, and armistice agreements signed with neighboring countries, Israel parlayed this commitment into the much vaguer family reunification program, which it proceeded to apply with Kafkaesque absurdity over the next fifty years. As a result, Palestinians made refugees first in 1948, and later in 1967, continue to be deprived of their legally recognized right to return to their homes and their homeland, and the family reunification program remains the unfulfilled promise of the early years of Israeli statehood.


1944 ◽  
Vol 38 (2) ◽  
pp. 218-241
Author(s):  
Carl B. Spaeth ◽  
William Sanders

The war and the present preoccupation with post-war plans have brought about a general awareness of the fact that the Americas have been a testing ground for the orderly organization of relations among sovereign states, especially in the development of cooperative principles and techniques. The construction of a political organization within which these principles and techniques could be consolidated has not, however, characterized the American experience. The Pan American Union, for example, is expressly denied the right to consider political or controversial questions, and proposals for the creation of a “league” or “association” of American states has met with courteous but definite coolness.


2016 ◽  
Vol 12 (10) ◽  
pp. 71
Author(s):  
Jafar Aghazadeh ◽  
Hasan Mohammadi

<p>In the thoughts and beliefs of Iranians, kingdom has had a history of the creation of human beings on the earth. Accordingly, Iranians believe that the first creature and human being on the earth was the first king of Iran. Iranians connects the history of their mythical royal dynasties to the creation of humanity. For Iranians, the mythical kings of Iran are the creators of the royal institution and the functions and duties of the royal institution have been established, developed and transferred to next generations by the measures of these kings. The objective of the present study is to investigate the establishment of the royal institution and the development of royal institution in ancient Iran by a descriptive-analytical method. The findings indicate that Iranians had specific sacredness for their kings and called the first creature of Ahura Mazda as the King. In addition, they believed that kings should perform particular tasks whose formation was attributed to the mythical kings of Iran. Further, they believed that only those persons had the right of being a king who were from the race of kings and were approved by Ahura Mazda. to examine Lessing’s elucidation of authentic knowledge in <em>Shikasta</em>. The methodology appropriated in the paper entails depiction of visible world as an illusion of the Real pointed in Plato’s allegory of Cave and Nagarjuna’s Mundane Truth. We clarify emotion as the main motivator of such illusionary status stressed in both Plato and Nagarjuna’s thoughts. We argue that while the importance of reason and eradicating emotion cannot be ignored, what adjoins people to Truth is mindfulness and intuitive knowledge which is close to Nagarjuna’s non-dual patterns. By examining ordinary life as the illusion of Real, and emotion as the main obstacle to achieve the Truth emphasized in both Nagarjuna and Plato’s trends, we depart from other critics who undermine the eminence of essentialist trace in Lessing’s works and examine her approach towards Truth merely under postmodern lens. This departure is significant since we clarify while essentialism has been abandoned to a large extent and supporters of Plato have become scarce, amalgamation of his thoughts with spiritual trends opens a fresh way to earn authenticity in Lessing’s novel. </p><p> </p>


2017 ◽  
Vol 7 (2) ◽  
pp. 1-17 ◽  
Author(s):  
Fabienne Peter

In recent developments in political and legal philosophy, there is a tendency to endorse minimalist lists of human rights that do not include a right to political participation. Against such tendencies, I shall argue that the right to political participation, understood as distinct from a right to democracy, should have a place even on minimalist lists. In addition, I shall defend the need to extend the right to political participation to include participation not just in national, but also in international and global governance processes. The argument will be based on a cosmopolitan conception of political legitimacy and on a political conception of human rights that is normatively anchored in legitimacy. The central claim of my paper is that a right to political participation is necessary – but not sufficient – for political legitimacy in the global realm.


2020 ◽  
Vol 5 (21) ◽  
pp. 267-276
Author(s):  
Najah Inani Abdul Jalil ◽  
‘Ain Husna Mohd Arshad

In 1990, the creation of underground land is created in the National Land Code. The scarcity of land especially in urban areas has pushed the traditional horizontal land development into vertical land development. Apart from transportation purposes, it is suitable for recreational, storage, and service utility purposes. Within this development, it attracts questions such as how to reconcile the right of surface and underground landowners as the law has allowed the ownership of underground land to be independent and separate from the surface owner. In governing the relationship between the surface and the underground landowners, the provision of access, support, and protection are regulated under the express condition in the document of title. This paper explores the concept of the right of support in Malaysia and the requirement for its application. This paper uses the doctrinal method where statutory provisions, cases, legal articles are examined. In discussing this topic, the practice in Singapore and Australia is compared, and it is suggested in regulating the relationship between surface and underground landowners, the creation of easement to be adopted with the compensation to be awarded to the burdened land.


Author(s):  
Eva Hýblová ◽  
Jaroslav Sedláček ◽  
Zuzana Křížová

One of consequences of the substantial market globalization is company transformations, which essentially affect the creation, existence or dissolution of companies; their number has been on the increase in recent years. They are mergers and acquisitions; mergers represent a combination of companies, whereas acquisitions involve selling, purchase or investments of companies. The main reason for a merger is economic growth which can be provided in various ways: these are e.g. decreases in costs, strengthening of a position in the market or access to new markets, decrease in prices and thus gaining new customers, access to knowledge or diversification of risks.The process of a merger is a highly demanding matter which includes the economic view (a choice of the right partner, setting merger objectives, preparation of merger project) and the legal view as the merger involves commercial law, reporting and taxation legislation. Discrepancies in the legal, reporting and taxation procedures in the area can have a negative effect on the process of merger and economic practice. The development of mergers and acquisitions and their success rate is related to the development of the economic and legislative environment. An important aspect is also the successfulness of mergers in the following year which will confirm (or not) the quality of all previous decisions.Research studies conducted in this field focus on mergers with the aim to evaluate procedures during mergers. An important part of research is an analysis of the effect of a merger on the evaluation of the successor company’s performance, changes in capital and capital structure of the entities. The aim of the paper is to publish first partial results in this direction of research. The first part of the research focuses on the creation of a database of companies as this is essential for practical verification of the results of the theoretical research. Due to the fact that there is no similar official statistics in the Czech Republic, its creation needs to be devoted great attention. It is also vital to define the transactions which will be included in the total number so that the results are relevant.


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