Contextualizing four-stage legal transitions in convergent evolution

2021 ◽  
pp. 1-33
Author(s):  
Pengfei Su ◽  
Wei Shen
Keyword(s):  
Comparative Studies ◽  
Convergent Evolution ◽  
Classical Period ◽  
Economic Activities ◽  
Legal Rules ◽  
Dominant State ◽  
Self Rule ◽  
Territorial Integration ◽  
Similar Stage ◽  
Multiple Step

Summary This article posits that both Roman and early Chinese states underwent four stages in their multiple-step transformations from local states to major empires during the classical period. For both states, at stage 2, one dominant state formed alliance with a group of smaller autonomous polities, and at stage 3 that dominant state deepened its regulation of the smaller polities whose autonomy was curtailed. There existed striking similarities between Rome and China (early Han Empire) at stages 2 and 3 regarding the constitutional rules enforced by the two central governments to control the newly-acquired subordinate territories, which were the Macedonian/Greek states for Rome and the vassal kingdoms in eastern territories for Han Empire. In particular, this article discusses: (i) why Macedonian/Greek states have been chosen for comparative studies; (ii) similar constitutional rules at stage 2 governing the two empires’ relationships with their subordinate polities; (iii) similar legal rules at stage 3 aiming at dividing up the territories of the subordinate polities and restraining their self-rule; (iv) similar stage-3 constitutional rules that preserved some autonomy for the subordinate polities; and (v) similar stage-3 legal rules that regulated certain economic activities of the subordinate polities. After analyzing Roman governance of Macedonia/Greece within the broader context of Roman institutions for territorial integration, the article explores the underlying trends and deeper mechanism that led to such convergent evolution of legal rules.

scholarly journals Default and Termination of Contract: A comparative Study between Indonesia and The United Kingdom

Yuridika ◽  
2020 ◽  
Vol 35 (3) ◽  
pp. 469
Author(s):  
Akhmad Budi Cahyono
Keyword(s):  
United Kingdom ◽  
Comparative Study ◽  
Comparative Studies ◽  
Common Law ◽  
Contract Law ◽  
Legal Rules ◽  
Contractual Relationship ◽  
The United Kingdom ◽  
Injured Party ◽  
The Right

Default is something that often occurs in contractual relationship. It can be not perform its obligations in the contract in all or in a part, performing its obligations but not in accordance with was agreed, performing its obligations but not in time, and performing something that is prohibited in the contract. Due to default, the injured party may claim compensation and / or terminate the contract. The problem is, the Indonesian Civil Code does not specify how a contract can be terminated in case of default. Therefore, it is necessary to conduct a comparative study in other countries in terms of how a default can terminate the contract. The British which adopt common law tradition where jurisprudence is the main source of law is the right choice for conducting comparative studies. Countries with common law traditions have detailed legal rules based on jurisprudence. As in Indonesia, according to British contract law, defaults also can terminate the contract. However, unlike in Indonesia, according to British contract law, termination due to a default is only allowed in the event that the default is very serious. The very serious forms of default will be elaborated and become a part of the discussion in this paper.

Economics and the Environment: A Study of Private Nuisance

1977 ◽  
Vol 36 (2) ◽  
pp. 284-325 ◽  
Author(s):  
A. I. Ogus ◽  
G. M. Richardson
Keyword(s):  
Creative Thinking ◽  
Research Effort ◽  
Economic Activities ◽  
Social Phenomena ◽  
Legal Rules ◽  
Intangible Resources ◽  
Current Research Effort ◽  
Subject Areas ◽  
The Subject ◽  
The Right

The English lawyer has been notoriously unwilling to admit the relevance of social sciences to his discipline. In part, this may be attributed to his lack of formal training in economics or sociology. As regards the latter, there are some signs of the handicap being overcome: much current research effort is now being directed to the interpretation of law and the legal system as social phenomena. But the application of economic reasoning to legal instruments and institutions has been limited and tentative. Although it has long been recognised that a marriage of the two disciplines is necessary for the procreation of effective norms in areas where the law clearly governs economic activities, for example, the regulation of trade and income redistribution, so far, in this country at least, creative thinking about central legal institutions such as tort, contract, property and crime has remained relatively untouched by such a mode of analysis. Yet, as Americans have demonstrated, there is nothing inappropriate in such an exercise. At first sight the subject areas of economics and law will appear to diverge significantly: the former is “concerned with the manner in which a society produces, distributes and consumes wealth when it is constrained by scarcity, either of tangible resources or of intangible resources,” while the latter is often viewed as a system of norms governing the conduct of individuals and institutions. Yet such conduct will generally involve the transfer and acquisition of resources. With this congruence of interest, therefore, the opportunity exists to compare economic analysis with prevailing legal rules on particular issues to see whether the “right” solution is reached.

scholarly journals The effects of increasing the number of taxa on inferences of molecular convergence

2016 ◽  
Author(s):  
Gregg W.C. Thomas ◽  
Matthew W. Hahn ◽  
Yoonsoo Hahn
Keyword(s):  
Positive Selection ◽  
Sample Size ◽  
Comparative Studies ◽  
Convergent Evolution ◽  
Marine Mammals ◽  
Large Scale ◽  
Marine Species ◽  
Original Analysis ◽  
Insight Into ◽  
Molecular Convergence

AbstractConvergent evolution provides insight into the link between phenotype and genotype. Recently, large-scale comparative studies of convergent evolution have become possible, but researchers are still trying to determine the best way to design these types of analyses. One aspect of molecular convergence studies that has not yet been investigated is how taxonomic sample size affects inferences of molecular convergence. Here we show that increased sample size decreases the amount of inferred molecular convergence associated with the three convergent transitions to a marine environment in mammals. The sampling of more taxa—both with and without the convergent phenotype—reveals that alleles associated only with marine mammals in small datasets are actually more widespread, or are not shared by all marine species. The sampling of more taxa also allows finer resolution of ancestral substitutions, revealing that they are not in fact on lineages leading to solely marine species. We revisit a previous study on marine mammals and find that only 7 of the reported 43 genes with convergent substitutions still show signs of convergence with a larger number of background species. However, 4 of those 7 genes also showed signs of positive selection in the original analysis and may still be good candidates for adaptive convergence. Though our study is framed around the convergence of marine mammals, we expect our conclusions on taxonomic sampling are generalizable to any study of molecular convergence.

6. Interests in Property

2020 ◽  
pp. 153-180
Author(s):  
Paul J. du Plessis
Keyword(s):  
Legal Order ◽  
Roman Law ◽  
Classical Period ◽  
Profound Impact ◽  
Legal Rules ◽  
Starting Point ◽  
The World ◽  
Ownership Rights ◽  
Legal Consequences

This chapter deals primarily with the various interests that could be acquired in property, particularly ownership, rights to servitudes, and possession. The Roman law of property is one of the lasting and important legacies of their legal order and has had a profound impact upon modern legal systems across the world. This chapter begins by considering the Roman classification of property. This was the intellectual starting point in the teaching manuals preserved from the classical period of Roman law. The purpose of this exercise in classification was to demonstrate that certain objects fell outside the sphere of private ownership. Apart from issues of classification, this chapter deals primarily with the various interests that could be acquired in property, particularly ownership, limited real rights over the property of others, such as rights to servitudes, and possession. It deals with the legal rules governing these institutions and their interrelationships. In theory, the interests in property may be divided into two broad categories, namely legal interests (ownership and limited real rights) and factual interests (possession). While such a division is useful, it should not be seen as absolute, since possession, though largely a question of fact, could also have certain legal consequences. But first the Roman classification of property must be considered.

scholarly journals Recent advances in understanding evolution of the placenta: insights from transcriptomics

F1000Research ◽  
2018 ◽  
Vol 7 ◽  
pp. 89 ◽  
Author(s):  
Anthony M. Carter
Keyword(s):  
Gene Expression ◽  
Fine Structure ◽  
Gene Transcription ◽  
Comparative Studies ◽  
Convergent Evolution ◽  
Reproductive Strategies ◽  
Chorioallantoic Membrane ◽  
Placental Development ◽  
Chorioallantoic Placenta ◽  
Future Work

The mammalian placenta shows an extraordinary degree of variation in gross and fine structure, but this has been difficult to interpret in physiological terms. Transcriptomics offers a path to understanding how structure relates to function. This essay examines how studies of gene transcription can inform us about placental evolution in eutherian and marsupial mammals and more broadly about convergent evolution of viviparity and placentation in vertebrates. Thus far, the focus has been on the chorioallantoic placenta of eutherians at term, the reproductive strategies of eutherians and marsupials, and the decidual response of the uterus at implantation. Future work should address gene expression during early stages of placental development and endeavor to cover all major groups of mammals. Comparative studies across oviparous and viviparous vertebrates have centered on the chorioallantoic membrane and yolk sac. They point to the possibility of defining a set of genes that can be recruited to support commonalities in reproductive strategies. Further advances can be anticipated from single-cell transcriptomics if those techniques are applied to a range of placental structures and in species other than humans and mice.

Economization of the Law Applicable to Fresh Water

2021 ◽  
pp. 69-135
Author(s):  
Laurence Boisson de Chazournes
Keyword(s):  
Fresh Water ◽  
Virtual Water ◽  
Bulk Water ◽  
Hydroelectric Power ◽  
Economic Activities ◽  
Legal Rules ◽  
Domestic Use ◽  
Investment Law ◽  
Trade And Investment ◽  
International Transfers

Economic activities have long been associated with fresh water and legal rules have been developed to govern the use and exploitation of water as a potential source of profit in this context. The various economic utilizations of water range from navigation, irrigation, the generation of hydroelectric power, and its supply for industrial and domestic use. It is notable that the economic uses of water have evolved over time. A particular focus is placed on the contemporary regimes of international trade and investment law as they relate to fresh water in this chapter. Moreover, consideration is given to the international law relating to international transfers of bulk water, as well as the emerging practice of virtual water transfers.

scholarly journals ManyBirds: A multi-site collaborative Open Science approach to avian cognition and behaviour research

2021 ◽  
Author(s):  
Megan Lambert ◽  
Benjamin George Farrar ◽  
Elias Garcia-Pelegrin ◽  
Stephan A. Reber ◽  
Rachael Miller
Keyword(s):  
Comparative Studies ◽  
Convergent Evolution ◽  
Large Scale ◽  
Open Science ◽  
Future Directions ◽  
Avian Cognition ◽  
Current State ◽  
Science Approach ◽  
Insight Into ◽  
Representative Samples

Comparative cognitive and behaviour research aims to investigate cognitive evolution by comparing performance in different species to understand how these abilities have evolved. Ideally, this requires large and diverse samples, however, these can be difficult to obtain by single labs or institutions, leading to potential reproducibility and generalisation issues with small, less representative samples. To help mitigate these issues, we are establishing a multi-site collaborative Open Science approach called ManyBirds, with the aim of providing new insight into the evolution of avian cognition and behaviour through large-scale comparative studies, following the lead of exemplary ManyPrimates, ManyBabies and ManyDogs projects. Here, we outline a) why we should study birds, including the origin of modern birds, avian brains, convergent evolution of cognition, and the replicability crisis; b) the current state of the avian cognition field, including a ‘snapshot’ review; c) the ManyBirds project, with plans, infrastructure, limitations, implications and future directions. In sharing this process, we hope that this may be useful for other researchers in devising similar projects in other taxa, like non-avian reptiles or mammals, and to encourage further collaborations with ManyBirds and related ManyX projects. Ultimately, we hope to promote collaboration between ManyX projects to allow for wider investigation of the evolution of cognition across all animals, including potentially humans.

scholarly journals Methods And Forms of Teaching of the Right To Information by Shareholders in the Digital Economy

2019 ◽  
Vol 8 (7) ◽  
pp. 138
Author(s):  
Aleksey I. Ovchinnikov ◽  
Yana B. Getman ◽  
Irina V. Kolesnik ◽  
Veronika V. Kolesnik ◽  
Natalia A. Boyko
Keyword(s):  
Civil Law ◽  
Corporate Law ◽  
Private Law ◽  
Economic Activities ◽  
Scientific Publications ◽  
Legal Rules ◽  
Judicial Practice ◽  
Negative Role ◽  
Right To Information ◽  
The Right

Joint stock issues, i.e. legal rules governing relations within commercial corporations, attract special attention of researchers of private law, corporate law in particular. A large number of internal corporate contradictions plays a negative role in the economic and economic activities of joint-stock companies. This fact affects the growth in the number of scientific publications on the issues of shareholder relations between their participants in terms of compliance with the civil law prohibition of Teaching of the right. It also has an impact on judicial practice: more and more often, the courts use the term “Teaching of law” to analyze existing conflicts in corporate law.

scholarly journals Transfer of Ownership Title under Albanian Company Law

2015 ◽  
Vol 1 (1) ◽  
pp. 16
Author(s):  
Erjola Aliaj
Keyword(s):  
Economic Growth ◽  
Market Economy ◽  
Company Law ◽  
Economic Activities ◽  
Commercial Activity ◽  
Effective Mechanism ◽  
Legal Rules ◽  
Market Economy System ◽  
The One ◽  
Economy System

Commercial activity is the one of the most important aspects of the market economy system. The exercise of commercial activity is regulated by legal rules, which serve as guaranteess for an adequate, reliable and effective mechanism of the commercial activity and also create a favorable business and incentives climate for the development of economic activities, which directly affects the country's economic growth. The freely transfer of ownership title over the shares is an important element, which guarantees the financial rights of the respective owners. Shares as ownership titles can be transferred under conditions specified in Albanian Company law. In practice, during its implementation, were identified ambiguities and several difficulties in relation to the procedure for the transfer of ownership titles over the shares. Precisely, through this paper is provided an analysis of the procedure and identified problems and the possibility to clarify or suggest any potential solutions.

Explaining Legal Change from an Evolutionary Economics Perspective

2008 ◽  
Vol 9 (4) ◽  
pp. 437-463 ◽  
Author(s):  
Martina Eckardt
Keyword(s):  
Evolutionary Economics ◽  
Economic Evolution ◽  
Legal Change ◽  
Economic Perspective ◽  
Economic Activities ◽  
Coordination Problems ◽  
Legal Rules ◽  
Scarce Resources ◽  
Distribution Of Resources ◽  
The Law

Institutions can have a decisive impact on economic performance. The law is particularly important in shaping the institutional framework for economic activities. Legal rules can be viewed as socio-technological devices used to help individuals solve the coordination problems and conflicts that arise in an environment of scarce resources. In such an environment, the law affects both the allocation as well as the distribution of resources, and is itself influenced and altered by economic evolution. However, our understanding of the determinants and mechanisms of legal change from an economic perspective remains rather weak.

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