An Answer to Joseph Raz

2021 ◽  
pp. 64-82
Author(s):  
Robert Alexy
Keyword(s):  
Practical Significance ◽  
Legal Argumentation ◽  
Fundamental Significance ◽  
Starting Point ◽  
Joseph Raz ◽  
Law And Morality

This chapter contains a reply to Joseph Raz’s critique of Alexy’s defence of non-positivism. The starting point is that the distinction between positivism and non-positivism is, contrary to Raz, still of fundamental significance. It will never become insignificant. Raz agrees with the author that law raises something like a claim to correctness, but he argues that this claim is not necessarily connected with morality. The response presented here is that it is. This implies a necessary connection between law and morality, which thereby yields non-positivism. The practical significance of this is illustrated by the Radbruch Formula and the role principles play in legal argumentation.

scholarly journals Socio-economic viability of public management in the context of European integration processes

2020 ◽  
Vol 1 (35) ◽  
pp. 139-152
Author(s):  
Irina KOSACH ◽  
Anastasiia DUKA ◽  
Grygoriy STARCHENKO ◽  
Olena MYHAYLOVSKA ◽  
Artur ZHAVORONOK
Keyword(s):  
European Integration ◽  
Public Management ◽  
Public Institutions ◽  
Practical Significance ◽  
Economic Viability ◽  
Fragile States ◽  
The European Union ◽  
Eu Countries ◽  
Starting Point ◽  
The Relationship

The European Union forms new requirements for the efficiency of public institutions and the gradual transformation of public management. The relationship between the viability of public management to solve internal problems and the dynamics of socio-economic development is obvious. So, the evaluation of the viability of public institutions’ actions related to the socio-economic processes in any country has theoretical and practical significance. The purpose of our study is to assess the socio-economic viability of public management in the context of European integration processes. Within the article, a comprehensive study of the public management viability in EU countries is presented. The specificity of the study is to assess the socio-economic viability of public management on the basis of economic and social indicators of EU countries. According to the overview of scientific works it is a need to use a comprehensive indicator of public management viability evaluation. So, the considerable attention is paid to the deepening of methodical aspects of public management effectiveness on the basis of multicriteria methods. The result of the study is the calculation of the Socio-Economic Viability Index of Public Management. The obtained results prove the relationship between the SocioEconomic Viability Index of Public Management and the progress of economic reforms in the EU, with the possibility of appropriate conclusions for countries to identify strengths and weaknesses, justify priorities and means to achieve them in the context of European integration. These conclusions can be used as a starting point to assess the relationship between the level of development of the European country and the quality of its public management. The study confirmed the thesis on the correlation between the SocioEconomic Viability Index of Public Management and Happy Planet Index, The Global Competitiveness Index, Corruption Perceptions Index, Fragile States Index and сonfirm the possibility of using this indicator to assess public management quality in EU countries.

On the Separability of Law and Morality

2004 ◽  
Vol 17 (2) ◽  
pp. 315-335 ◽  
Author(s):  
Matthew H. Kramer
Keyword(s):  
Legal Positivism ◽  
Large Array ◽  
Ronald Dworkin ◽  
The Past ◽  
Moral Domain ◽  
Joseph Raz ◽  
Law And Morality ◽  
Legal Domain ◽  
Necessary Connections ◽  
Prevailing View

If there is one doctrine distinctively associated with legal positivism, it is the separability of law and morality. Both in opposition to classical natural-law thinkers and in response to more recent theorists such as Ronald Dworkin and Lon Fuller, positivists have endeavored to impugn any number of ostensibly necessary connections between the legal domain and the moral domain. Such is the prevailing view of legal positivism among people familiar with jurisprudence. During the past couple of decades, however, that prevailing view has come into question among some estimable legal positivists. In particular, Joseph Raz and his followers have queried the importance and the very tenability of an insistence on the separability of law and morality. The present article maintains that the traditional view of legal positivism is correct and that the recent skepticism about it on the part of some positivists is unfounded. When the notion of the disjoinability of law and morality is understood properly as a large array of theses, it proves to be resistant to the challenges that have been mounted against it.

scholarly journals The influence of digital economy on the upgrading of industrial structure

2021 ◽  
Vol 275 ◽  
pp. 01047
Author(s):  
Siyu Liu
Keyword(s):  
Industrial Structure ◽  
Empirical Test ◽  
Digital Economy ◽  
Practical Significance ◽  
Entropy Weight ◽  
High Quality ◽  
Starting Point ◽  
Entropy Weight Method ◽  
Weight Method ◽  
The Impact

Digital economy is an important starting point for China’s high-quality economic development, which may have an impact on the level of industrial structure. This paper calculates the development level of digital economy by entropy weight method, selects the relevant data of 31 provinces and cities in China from 2012 to 2019, and uses the method of empirical test to analyze the impact of the development of digital economy on the upgrading of China’s industrial structure. The result shows that the development of digital economy can promote the upgrading of China’s overall industrial structure, which is significant at the level of 1%. Further research shows that the development of digital economy has regional heterogeneity on the upgrading of industrial structure in the eastern, central and western regions of China. The research of this paper has important practical significance for the high-quality development of China’s economy.

scholarly journals Analysis and Countermeasures of higher education supply under the background of sustainable development

2021 ◽  
Vol 251 ◽  
pp. 02083
Author(s):  
Yonghui Cao ◽  
He Jiang
Keyword(s):  
Higher Education ◽  
Sustainable Development ◽  
Henan Province ◽  
Practical Significance ◽  
The Sustainable Development ◽  
Quality Of Higher Education ◽  
Starting Point ◽  
Social And Economic Development ◽  
Education Supply

With the sustainable development of economy and society and the acceleration of the popularization of higher education, Henan Province, as a big province of education, has developed rapidly, but it also has some drawbacks. As an important mission of higher education, the supply of higher education is a systematic problem with regularity, which is closely related to the regional social and economic development. The problems of higher education supply seriously affect the energy of higher education. Based on this, this paper takes the supply of higher education as the starting point. On the basis of sorting out the current situation and problems of the supply evolution of undergraduate colleges in Henan Province, this paper puts forward some policy suggestions to improve the effective supply of higher education in Henan Province. This has a certain theoretical and practical significance to promote the effective supply of higher education in Henan Province and improve the supply quality of higher education in Henan Province.

scholarly journals BUSINESS MODEL AS A VALUE MANAGEMENT TOOL

2021 ◽  
Vol 7 (2) ◽  
pp. 110-117
Author(s):  
Viktoriia Kyfyak ◽  
Andrii Antokhov ◽  
Serhii Todoriuk
Keyword(s):  
Business Model ◽  
Business Models ◽  
Business Processes ◽  
Business Development ◽  
Market Potential ◽  
Practical Significance ◽  
Management Tool ◽  
Business Modelling ◽  
A Value ◽  
Starting Point

Urgency of the research. In the crisis conditions of quarantine, business modelling has become the subject of scientific debate and demand from businesses. Applying conservative approaches to business models has caused significant financial losses and depreciation of business value. Thus, value models that reflect the assessment of various business processes in monetary terms are becoming especially relevant. Therefore, managers understand the synergetic effect of the procedural approach to business processes construction and the component contribution of business processes in achieving the goals of the enterprise. The research purpose is the improving of the scientific principles and development of a methodical approach to improvement of scientific bases and the formation of a business model from a value point of view, which has practical significance for the formation of a vision of business development. Uninvestigated parts of general matters defining. In the conditions of social crisis and fluctuations, many tools of business development and its business modelling have lost their relevance. Businesses need to find the latest approaches to business structuring and development. Research methodology. The basis of the study is a systematic analysis and a comprehensive approach to the formation of methods for building a cost-effective business model of the enterprise. Analysis and synthesis were used to characterize approaches to business modelling and determine their features, and the dialectical method was used to formulate the essence of the category “business model”. Using statistical methods allowed to get trends in the business and its modelling analysed. For a complex representation of the model, a graphical method was used (for visualization of the model) and economic mathematical modelling for the representation of the model, which has practical significance in the trends of digitalization of business processes. Results. The article substantiates that the formation of a value business model is a prerequisite for a radical rethinking of business approaches, creating the potential for its development and a starting point for innovation and change. After analysing different approaches to business modelling and to estimating the value of business on the basis of a systematic approach, a value business model is proposed, which consists of a value rhombus and a square of potential. This model includes all business processes of the enterprise and assesses the potential of business development. The mathematical expression of the components of the model that corresponds to the process approach and cost evaluation and can serve as a tool for forming a software product is proposed. The advantages of applying such a model in practice are substantiated. Practical implications. The business model and clear well-defined mechanisms of its formation are a necessary requisition for business development. Scientists are often inclined to think that a business model is a complex mathematical or econometric expression. However, in practice, it is the graphic visualization of the business structure that is important in terms of forming a deep understanding of business as a system and areas for improving its components. Value/originality. The proposed approach to business modelling can be used in the following areas: evaluation of business efficiency as an individual enterprise, and in comparison as well; assessment of investment attractiveness of the business; assessment of business potential and directions of its development; analysis of the market potential of the enterprise; strategic analysis of business development and determination of its competitive advantage; a basis for the software or systems of the Workflow class development.

Thermal Conductivities of Porous Rocks Filled with Stagnant Fluid

1961 ◽  
Vol 1 (01) ◽  
pp. 37-42 ◽  
Author(s):  
D. Kunii ◽  
J.M. Smith
Keyword(s):  
Thermal Conductivity ◽  
Effective Thermal Conductivity ◽  
Water Solution ◽  
Pure Water ◽  
General System ◽  
Practical Significance ◽  
Glycerol Water ◽  
Starting Point ◽  
Thermal Conductivities ◽  
Stagnant Fluid

Abstract Effective thermal conductivities of sandstones filled with stagnant fluids were measured using a steady-state technique. Data were obtained for seven sandstone samples, taken from four different locations and ranging in permeability from 18 to 590 md. The measurements with gases (helium, nitrogen, air and carbon dioxide) covered a pressure range from 0.039 psia to 400 psig. Data were taken for four liquids - n-heptane, methyl alcohol, 79.8 weight per cent glycerol-water solution and pure water at atmospheric pressure. The experimental results were used to evaluate the theoretical equations for predicting stagnant conductivities developed earlier. The low-pressure measurements permitted evaluation of the consolidation parameter hpDp/ks (necessary to utilize the theory) for the various types of sandstones. Using these characteristic values, the theoretical equations correlated well with the experimental conductivity data for the several fluids and rock samples. Introduction An aspect of heat transfer in solid-fluid systems of considerable current interest is the effective thermal conductivity of porous media. The stimulus for study of the subject arises from the need for sound procedures for designing thermal methods of petroleum production. The general system occurs when there exists a flow of fluid through the pores of the solid material. However, a logical starting point in developing a theory for predicting the effective thermal conductivity in the general system is to attack the special case when the porous solid is filled with stagnant fluid. Since the flow rates anticipated in thermal production processes are very low, such stagnant conductivities k are also of practical significance.

scholarly journals The State of Music Semiology Development

2021 ◽  
Vol 11 (4) ◽  
pp. 2509-2523
Author(s):  
Olga B. Solomonova ◽  
Galyna F. Zavgorodnia ◽  
Olha V. Muravska ◽  
Alla D. Chernoivanenko ◽  
Oksana O. Aleksandrova
Keyword(s):  
Professional Training ◽  
Academic Discipline ◽  
Educational Practice ◽  
Reference Points ◽  
Practical Significance ◽  
Starting Point ◽  
Wide Range ◽  
History Of ◽  
Human Thinking ◽  
Development Of Language

The terminology of music semiology, which is an academic discipline with a significant educational resonance and a necessary component of music and educational practice at its higher educational and qualification levels, lies at the intersection of the main aspects of musicology such as the history of music, the theory and analysis of musical forms, music aesthetics and the theory of music interpretation, and others. Music semiology covers the transitional methodological abilities due to its subject reference points and the wide range of the material involved in the cognitive field. Music semiology can be considered a necessary basic discipline for the professional training of musicologists and practicing musicians of any programme. There is no doubt about the importance of mastering the language system, which is fundamental in the chosen field of communication. As an academic discipline, music semiology can be presented according to the way its terminology is built, it includes three main themes among which each of the following continues the meaning of the previous one by deepening and enlarging, detailing in an analytical way. Scientific novelty is determined by the fact that unlike music semiotics and the theory of music semantics, semiology is looking for a way not only to expand culture, but also the metacultural ontological and transcendental premises of human thinking and communication, it refers to the experience that is the "starting point for all beginnings" while explaining the reasons for any human activity related to signs, the needs of the human community in the development of language and in linguistic being. But most of all, it is determined by the need to identify the origins of the musical language as the language of consciousness, which reveals its true reality of creating meaning to a person. Therefore, the study within music semiology focuses on specific ways of organising the sign form and meaning-designated content. The practical significance of the study is determined by the fact that the sociocultural nature of humans, which is integral to the natural and biological conditions of one’s existence, is merged with human speech.

SOME ASPECTS OF THE USE OF DISTRIBUTED LEDGER TECHNOLOGY (BLOCKCHAIN) IN RELATION TO REAL ESTATE TRANSACTIONS (CONTRACTS, ETC.): THE EXPERIENCE OF RUSSIA AND FOREIGN COUNTRIES

2020 ◽  
Vol 13 (5) ◽  
pp. 074-082
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
Real Estate ◽  
Practical Significance ◽  
Legal Certainty ◽  
Distributed Ledger ◽  
Modern Period ◽  
Distributed Ledger Technology ◽  
Foreign Countries ◽  
Starting Point ◽  
Market Communication

This article is aimed at identifying the approaches of a number of foreign countries that are being implemented to address the issues of using distributed ledger technology (blockchain) in relation to real estate transactions, and some aspects of the situation in Russia. The starting point of the research is the currently observed creeping networking - the establishment of non-market communication, which is beginning to replace purely monetary regulators in the economy, law and other spheres of the life of the society. In this format the article analyzes approaches of foreign countries that create patterns of permissibility and assent of different applications of distributed ledger technology (blockchain) in relation to real estate transactions (sale & purchase contracts, leases, etc.), the potential of such an application and the existing legal (including mentality, tradition, etc.) basis based on analytical reflections on the information gathered from sources and literature from the list of references. The author reveals the dependence of the permissibility (acceptability, acceptance, etc.) of using distributed real estate ledgers in foreign countries on the degree of involvement of the intermediary (Registrar of rights, etc.) in real estate transactions and the notary system in force in the country. The relevance, theoretical and practical significance of such a research is due to the fact that a number of approaches to legislation can be useful in finding answers to similar questions related to the understanding, development and adoption of a similar approach by our country, and the fact that this study serves to fill in the existing gap in the coverage of legal and other approaches of foreign countries in the field under study in the modern period. The author's results are presented among others in the idea that the more types of real estate registration in the countries under study are not required, the better space for implementing blockchain-based transactions will there still be. This prospect, however, is negated by the desire of the parties themselves to register transactions & contracts that according to law does not need any registrations in order to create a legal certainty regime for themselves.

TRANSFORMATION OF TRADITIONAL MECHANISMS FOR PROTECTING THE COMPETITIVE ENVIRONMENT UNDER THE INFLUENCE OF NETWORK ECONOMY: THE PLACE OF BLOCKCHAIN IN THE REGULATORY SYSTEM AND NEW COMPETITIVE TOOLS (AGGREGATORS AND PRICE ALGORITHMS)

2020 ◽  
Vol 10 (5) ◽  
pp. 76-88
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
Regulatory System ◽  
Legal Protection ◽  
Legal Framework ◽  
Legal Regulation ◽  
Practical Significance ◽  
Competitive Environment ◽  
Blockchain Technology ◽  
Foreign Countries ◽  
Starting Point ◽  
Market Factors

This article is aimed at understanding the current state and necessity of transformation of traditional mechanisms for protecting the competitive environment under the influence of networking and the place of blockchain in the regulatory system in the context of applying new competitive tools (aggregators price algorithms) based on the experience of foreign countries, including the perspective and approaches of newest law enforcement (judicial) practice, taking into account the fact that its knowledge allowed and allows to successfully solve current problems of legal regulation in our country. The starting point of the research is network communication as a non-market type of communication. Based on analytical reflections on the information gathered from sources and literature from the list of references the author analyzes legal framework of competition protection developed in the new technological reality, takes into account the approaches of foreign countries and the Russian Federation that determine the acceptability of the application of blockchain in the field of legal protection of competition. The relevance, theoretical and practical significance of this research is due to the emergence of new tools (aggregators and price algorithms) of competitive market struggle in the light of application of a blockchain technology that might influence the competition. The author's results are presented, among others, in the idea of the possibility of “transfer” of anti-competitive actions (price manipulation and collusion, unequal sale / distribution of information / advertising, etc. conditions) to the niche occupied by price algorithms and aggregators of information, and the need to establish a new legal framework of these new market factors.

SPECIFICS OF THE NETWORK MODEL OF INNOVATION IN PHARMACEUTICALS IN THE CONTEXT OF INTELLECTUAL PROPERTY PROTECTION

2020 ◽  
Vol 16 (5) ◽  
pp. 182-190
Author(s):  
KSENIA BELIKOVA ◽  
Keyword(s):  
Intellectual Property ◽  
Pharmaceutical Industry ◽  
Network Model ◽  
Open Innovation ◽  
Scientific Progress ◽  
Intellectual Property Protection ◽  
Practical Significance ◽  
Innovation Strategy ◽  
Foreign Countries ◽  
Starting Point

This article is aimed at identifying and analyzing the specifics of the network model of innovation in the pharmaceutical industry in the context of intellectual property protection on the example of a number of foreign countries and Russia. The starting point of the research is the currently observed networking - the introduction of non-market communication, which is beginning to replace purely exchange, monetary regulators in the economy, law, and other spheres of society. The article examines the issue of acceptability (objective necessity) of applying (accepting) «open» innovations in the pharmaceutical industry and some facets of the influence of this trend in the field of law. Specific examples are used to discuss various forms of expression of the open innovation strategy practiced in the pharmaceutical industry and some of its prospects. At the same time, some aspects of the protection of intellectual property rights obtained during the implementation (realization) of the «open» innovation strategy in pharmaceutical sector are studied in the traditional and network (using blockchain technology) format. The relevance, theoretical and practical significance of such a research is due to the fact that both network «open» (innovative) and «closely-held» (traditional) methods of developing new scientific knowledge have their pros and cons, which can currently slow down or accelerate scientific progress and promote innovative growth. Foreign experience can be useful in finding answers to similar questions related to the development, justification and adoption of collaborations based on «open» innovations by our country, and the fact that this study serves to fill in the existing gap in the development of legal and other approaches of foreign countries in the field of modern research. The author's results, among other things, are presented in the fact that currently the protection of intellectual property from unauthorized use is still traditionally based on agreements, but can already be performed in a modern network way - using distributed ledger technology - blockchain, that reliability is due to hardware control over any changes in the protocols or information in the network, its copying, easiness of establishing and verifying its authorship, which increases the chances of successful development of the OI strategy.

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