Law and Images

2019 ◽  
Vol 3 (1) ◽  
pp. 1-96
Author(s):  
Thomas Dreier
Keyword(s):  
Visual Studies ◽  
Law And Literature ◽  
Complex Relationship ◽  
Legal Rules ◽  
The Subject

Abstract Law and images are generally regarded as two separate areas. Yet, in many ways law and images intersect, such as when legal rules try to control the production, dissemination and consumption of images, and when law is the subject of images. In parallel to the well-established “law and literature”, the paper attempts to connect two fields of research, law studies and visual studies, that are usually disjointed, and it outlines what could be an area of interdisciplinarity research labelled “law and images”. The article explains how images work to the readers not familiar with visual sciences, and how normative prohibitions and commandments function to readers not familiar with law studies. In addition, the article provides a survey of the different issues raised when studying the complex relationship between law and images.

scholarly journals If Mathematical Psychology Did Not Exist We Might Need to Invent It: A Comment on Theory Building in Psychology

2021 ◽  
pp. 174569162097476
Author(s):  
Danielle J. Navarro
Keyword(s):  
Empirical Work ◽  
Psychological Theory ◽  
Statistical Problem ◽  
Theory Building ◽  
Mathematical Formalism ◽  
Mathematical Psychology ◽  
Complex Relationship ◽  
Physical Sciences ◽  
The Past ◽  
The Subject

It is commonplace, when discussing the subject of psychological theory, to write articles from the assumption that psychology differs from the physical sciences in that we have no theories that would support cumulative, incremental science. In this brief article I discuss one counterexample: Shepard’s law of generalization and the various Bayesian extensions that it inspired over the past 3 decades. Using Shepard’s law as a running example, I argue that psychological theory building is not a statistical problem, mathematical formalism is beneficial to theory, measurement and theory have a complex relationship, rewriting old theory can yield new insights, and theory growth can drive empirical work. Although I generally suggest that the tools of mathematical psychology are valuable to psychological theorists, I also comment on some limitations to this approach.

scholarly journals Cyber Attacks, Information Attacks, and Postmodern Warfare

2017 ◽  
Vol 10 (1) ◽  
pp. 63-89 ◽  
Author(s):  
Jozef Valuch ◽  
Tomáš Gábriš ◽  
Ondrej Hamuľák
Keyword(s):  
International Law ◽  
Subject Matter ◽  
Case Law ◽  
Cyber Attacks ◽  
Armed Conflicts ◽  
Information Warfare ◽  
Law Of War ◽  
Legal Rules ◽  
The Subject ◽  
The Relationship

Abstract The aim of this paper is to evaluate and differentiate between the phenomena of cyberwarfare and information warfare, as manifestations of what we perceive as postmodern warfare. We describe and analyse the current examples of the use the postmodern warfare and the reactions of states and international bodies to these phenomena. The subject matter of this paper is the relationship between new types of postmodern conflicts and the law of armed conflicts (law of war). Based on ICJ case law, it is clear that under current legal rules of international law of war, cyber attacks as well as information attacks (often performed in the cyberspace as well) can only be perceived as “war” if executed in addition to classical kinetic warfare, which is often not the case. In most cases perceived “only” as a non-linear warfare (postmodern conflict), this practice nevertheless must be condemned as conduct contrary to the principles of international law and (possibly) a crime under national laws, unless this type of conduct will be recognized by the international community as a “war” proper, in its new, postmodern sense.

scholarly journals VI. On the comparative structure of the brain in rodents

1882 ◽  
Vol 33 (216-219) ◽  
pp. 15-21
Keyword(s):  
Olfactory Organ ◽  
Cortical Surface ◽  
Complex Relationship ◽  
Comparative Structure ◽  
The Subject ◽  
The Brain

I have endeavoured in this abstract to summarise the results of my recent researches into the minute structure of the brain in the smaller Rodents. The pig and sheep, which were the subjects of my former memoir, possess a highly developed olfactory apparatus conjoined to a well convoluted cortical surface; but in the smaller animals now under consideration the surface of the hemispheres is almost perfectly smooth, while the olfactory organ, from its comparative size and complex relationship, has an important part to play in the architecture of the brain. Animals possessing the latter type of cerebrum have been classed together as the Osmatic Lissencéphales, in contradistinction to those which were the subject of my former enquiries, the Osmatic Gyren-céphales. My researches into the structure of the brain of prominent members of the former group, viz., the rabbit and rat, may be considered under two heads:— ( a .) The histology of the complete cortical envelope.

The issues of counteracting with resurgence of crimes: past and present trends

2019 ◽  
pp. 49-60
Author(s):  
Николай Алексеевич Коломытцев
Keyword(s):  
Case Law ◽  
Recidivism Rates ◽  
Legal Rules ◽  
Law Enforcement Officials ◽  
Crime Detection ◽  
The Subject ◽  
Judicial Errors ◽  
High Level ◽  
Detention Facilities

Наличие значительного уровня рецидива в стране напрямую связано с весьма низкой (до 47 %) раскрываемостью преступлений. Кроме того, высокий уровень рецидива преступлений свидетельствует о том, что применяемое к осужденным уголовное наказание в виде лишения свободы не всегда оказывает на них должное воспитательное и принудительное воздействие. Эта ситуация обусловлена недостатками деятельности администрации учреждений уголовно-исполнительной системы. Пробелы в законодательстве, ошибки в избрании судом вида и срока наказания сказываются на его эффективности. Рост рецидива преступлений связан и с неблагополучной жизненной ситуацией, в которой часто оказываются освобожденные от отбывания наказания. Все сказанное убедительно подтверждает актуальность и научную новизну данной работы. Целью написания данной статьи является попытка определения комплексной реализации борьбы с рецидивом преступлений. Предмет изучения рецидива преступлений определяется важностью существующих ценностей, причиняемым им ущербом и общественным резонансом в отношении этого явления. Методологическую основу работу составил метод познания, общенаучные и частнонаучные методы изучения. При этом использовались труды отечественных и зарубежных правоведов. В статье автор рассматривает историко-правовой, криминологический, уголовно-правовой и уголовно-исполнительный аспекты рецидива преступлений, анализирует законодательство и судебную практику за длительное время. Приводится понятие указанного социально-правового явления, предлагаются определенные направления его предупреждения. Статья представляет интерес для курсантов, слушателей, студентов юридических вузов, преподавателей и сотрудников правоохранительных органов. The high level of relapse in our country depends on the low crime detection rate (less than 47 %). In this context, ineffective penalization measures for offenders in prison can have an impact on recidivism rates. This fact revealed serious deficiencies in the administration of detention facilities. Gaps in legislation, judicial errors in the sentencing proceeds, incorrect type of punishment and penalty negatively affect the itseffectiveness. Difficult circumstances for discharged prisoners might cause the growth of resurgence. Thus, this article devoted to the topical and innovative issue. The aim of this article is to combat and prevent criminal activities in the area of resurgence. The subject matter of recidivism is determinated by the importance of social values, the harm inflicted, and public outcry provoked with this phenomenon. A methodological framework for this research includes the cognition method, common and private methods. The author used native and foreign scholarly writings. The author researches a historical and legal, criminological, criminal and penal reviews of relapse. He analysis legal rules and case law over a long term. “Resurgence of crimes” is defined. Some means of relapse prevention are supposed. The article might be meaningful for the students and tutors of law faculties, and also for the law enforcement officials.

scholarly journals Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi

2019 ◽  
Vol 25 ◽  
pp. 91-106
Author(s):  
Arkadiusz Wowerka
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Rules ◽  
Article 9 ◽  
The Subject ◽  
Academic Discussion ◽  
Substantive Law ◽  
Rome I

This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.

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.

1. Foundations and structure of international law

2019 ◽  
pp. 1-20
Author(s):  
Anders Henriksen
Keyword(s):  
International Law ◽  
Legal System ◽  
Historical Overview ◽  
Public International Law ◽  
Legal Rules ◽  
System P ◽  
Rules And Principles ◽  
The Subject ◽  
International Legal System ◽  
The Relationship

This chapter introduces the subject of public international law and provides an overview of its most important elements. It begins with a brief historical overview of international law. It then presents the international legal system consisting of different structures of legal rules and principles; discusses the basis of international legal obligation; offers a brief overview of the relationship between international law and national law; and deals with the issue of enforcement. The chapter concludes with some remarks about the alleged inadequacies of international law and the tension between notions of justice and order that is so prevalent within the international legal system.

Ignorantia juris non excusat: The trial and the affirmation of the Italian legal thriller

2019 ◽  
Vol 53 (2) ◽  
pp. 532-543
Author(s):  
Francesco Bratos
Keyword(s):  
20Th Century ◽  
Literary Tradition ◽  
The Political ◽  
Literary Genre ◽  
Complex Relationship ◽  
Vast Number ◽  
Literary Movement ◽  
The Subject ◽  
Unique Style

The complex relationship between literature and law has been widely debated. Over the last 20 years, the judicial novel has been the subject of renewed consideration from critics. Numerous studies have pointed out how literary and judicial practices seem characterized by common methods of narrative organization and communication of experiences. Beyond the controversy on the classification of the judicial novel as literary genre, the representation of courtrooms has undeniably become one of the recurring tropes of the 20th-century novel. Within this multifaceted literary movement, the unique style of Italian judiciary literature warrants its articulation as a distinct genre. The working hypothesis of this article is that the political and cultural centrality acquired by the Italian Magistratura, as result of a longstanding confrontation with the political powers, is essential in studying the success of the Italian judiciary novel, together with the emergence of a vast number of jurist-writers. Analyzing specifically the work of the jurist-writer Gianrico Carofiglio, I will demonstrate how the Italian legal thriller transforms the representation of the trial, dealing with the literary tradition as well as with law’s own representation.

scholarly journals The Truth About Property Rules: Some Obstacles to the Economic Analysis of Remedies

2018 ◽  
Author(s):  
Emily Sherwin
Keyword(s):  
Property Rights ◽  
Economic Analysis ◽  
Legal Rules ◽  
The Subject ◽  
True Property ◽  
High Penalty ◽  
Washington University ◽  
Subject Theory ◽  
Made In ◽  
Property Rule

2 Washington University Jurisprudence Review 39 (2010)Property Rules, as famously described by Calabresi and Melamed, are remedial rules that place a prohibitively high penalty on violations of rights. This essay examines two aspects of property rules. In each case, the form of the rule is critically important. The first question addressed is the capacity of property rules to affect behavior that takes place outside the context of litigation. Most economic analysis assumes that when a right is protected by a property rule, the property rule will guide private decisionmaking at the time of a contemplated violation, and possibly before that time. Yet, to have this effect, property rules (and liability rules) must be embodied in a set of determinate legal rules defining not only the penalty imposed on violation, but also the entitlements protected and the conditions on which the property-rule remedy is available. Property rules, in other words, must be rules.In fact, "true property rules" that meet this description are scarce. This casts some doubt on the predictions made in literature on the subject. Theory and doctrine may or may not be reconcilable, depending on the desirability and feasibility of determinate rules in the area of remedies.In existing law, most true property rules protect property rights. This leads to the second question addressed here: what relationship, if any, do property rules bear to property? After examining several theories others have proposed to explain the association between property rules and property rights, I suggest that property rules are connected to property in two ways. First, deterrent property rules ensure the continuity that makes property rights valuable to owners and to society. Second, once property rights are securely in place, the value they generate makes property rules a more efficient response to the possibility of unilateral taking. To achieve these results, however, both property rights and property rules must be implemented by general, determinate, and authoritative legal rules.

scholarly journals Criminal procedure principles in defendant hearing

2020 ◽  
Vol 10 (2) ◽  
pp. 68-81
Author(s):  
Željko Mirkov
Keyword(s):  
Criminal Procedure ◽  
Criminal Proceedings ◽  
Crucial Issue ◽  
Legal Rules ◽  
Party Control ◽  
Criminal Procedure Law ◽  
Uniform Definition ◽  
The Subject ◽  
Definition Of ◽  
Principle Of Legality

Although there is no uniform definition of procedural principles in criminal procedure theory, they can be defined as legal rules or guidelines on which the criminal proceedings are based. As such, the principles of criminal procedure law apply to procedural entities and procedural actions. Evidentiary actions, as a type of procedural action, clarify the criminal case that is the subject of the criminal proceedings. The Criminal Procedure Code stipulates several evidentiary actions, one of which is the preliminary hearing of the defendant. The defendant hearing, in which the defendant gives their testimony, is given a great deal of attention because it represents one of the most important pieces of evidence, and the course of evidence presentation is the most significant and crucial issue of the criminal proceedings. Therefore, the paper will present a review of the criminal procedure principles related to this evidentiary action, starting from the principle of legality as the main principle, followed by the principles of orality, publicity, immediacy and adversity (party control of facts and means of proof).

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