scholarly journals The “Life” in the Living Law: Law, Emotion and Landscape

2021 ◽  
Vol 1 (2) ◽  
pp. 124
Author(s):  
Harison Citrawan

This article explores the concept of living law from spatio-temporal and emotional approach. Understood as a dynamic interplay process, living law basically carries a collective emotional-legal landscape aspect in it, in which three aspects of law, emotion, and landscape are shaping and being reproduced. Based on the semantic findings in decency-related court decisions, this article argues that sensing the living law is to be understood as seeing the physical legal landscape, believing the emotional common sense, and anticipating guided by communitarian atmosphere. The (legal) daily experiences captured in the case-laws are essentially assemblages of various meanings and spaces tied up homogeneously in an ideologically manner. Through this examination, living law will look increasingly more complex, unstable, and non-linear, especially in terms of its performativity – which on the one hand law constitutes negative impacts on vulnerable groups, and on the other hand, it has the potential to facilitate social transformation.

2004 ◽  
Vol 5 (1) ◽  
pp. 43-58
Author(s):  
Jeffrey S. Galko ◽  

The ontological question of what there is, from the perspective of common sense, is intricately bound to what can be perceived. The above observation, when combined with the fact that nouns within language can be divided between nouns that admit counting, such as ‘pen’ or ‘human’, and those that do not, such as ‘water’ or ‘gold’, provides the starting point for the following investigation into the foundations of our linguistic and conceptual phenomena. The purpose of this paper is to claim that such phenomena are facilitated by, on the one hand, an intricate cognitive capacity, and on the other by the complex environment within which we live. We are, in a sense, cognitively equipped to perceive discrete instances of matter such as bodies of water. This equipment is related to, but also differs from, that devoted to the perception of objects such as this computer. Behind this difference in cognitive equipment underlies a rich ontology, the beginnings of which lies in the distinction between matter and objects. The following paper is an attempt to make explicit the relationship between matter and objects and also provide a window to our cognition of such entities.


2021 ◽  
Vol ahead-of-print (ahead-of-print) ◽  
Author(s):  
Zahid Irshad Younas ◽  
Mahvesh Khan ◽  
Mamdouh Abdulaziz Saleh Al-Faryan

Purpose The purpose of the study is to explore the misconception that in developed countries, macroeconomic performance lead to sustainable firms or improves stakeholder well-being. The results may be the opposite or even worse. Design/methodology/approach This study examined this misconception using balanced panel data from 1,122 firms from different sectors of the US economy and data on macroeconomic performance from the World Bank. Findings The results of the one-step generalised method of moments indicate that most macroeconomic performance indicators had significant and negative impacts on firm sustainability and stakeholder well-being. Practical implications From a societal perspective, the results illustrate that the fruits of macroeconomic performance of the US economy do not reach stakeholders through firms’ sustainability. Thus, linking the economy’s macroeconomic performance with firm sustainability is vital for sustainably uplifting society and for stakeholder well-being. Originality/value From a policy perspective, this study reveals that the greater focus on macroeconomic performance in the USA over the past decades has resulted in lower firm sustainability because of the malfunctioning of social, economic, environmental and governance factors. This has negatively influenced stakeholder well-being in the country.


2018 ◽  
Vol 149 ◽  
pp. 02003
Author(s):  
Ammar Dhouib

Faced with the complexity of urban construction projects and difficulties in the field, engineers must, on the one hand, dimension with rigor and common sense the foundations with all the requirements of today of quality, conformity and respect of deadlines and budget and take into account, on the other hand, safety and environmental requirements and societal and sustainable development criteria, the purpose of this communication is to present concrete projects of foundations and excavation deep in geologically heterogeneous and highly urbanized sites, with monitoring and displacement measurements in order to compare predictions with reality and to promote the "observational method".


Author(s):  
Howard Sankey

This note poses a dilemma for scientific realism which stems from the apparent conflict between science and common sense. On the one hand, we may accept scientific realism and agree that there is a conflict between science and common sense. If we do this, we remove the evidential basis for science and have no reason to accept science in the first place. On the other hand, we may accept scientific realism and endorse common sense. If we do this, we must reject the conflict between science and common sense. The dilemma is to be resolved by distinguishing between basic common sense and widely held beliefs. Basic common sense survives the advance of science and may serve as the evidential basis for science.


2021 ◽  
Vol 24 (1) ◽  
pp. 37-46
Author(s):  
João Carlos Coimbra ◽  
Tiago Menezes Freire

A robust biostratigraphic zonation based on microfossils supports the stratigraphic framework and correlation of the interior basins of the Lower Cretaceous of NE Brazil. This zonation has also allowed correlations with coeval sections in the Brazilian marginal basins and in the Gabon and Congo basins (central-west Africa). These records, consisting mainly of non-marine sediments, were a great challenge with regard to the correlation with the International Chronostratigraphic Chart. Therefore, local stages were used, the most recent being the Alagoas local Brazilian Stage, with which the Post-rift Sequence I of the Araripe Basin is related. Regarding lithostratigraphy, this sequence includes the Rio da Batateira (Barbalha for some authors) and Santana formations, the last one with the famous Crato, Ipubi, and Romualdo members, from the base to the top. Although currently there is a consensus on the age of the Alagoas local Brazilian Stage in the Araripe Basin, recently a new age for at least part of the Post-rift Sequence I was proposed. This new proposal, based on isotopic analysis of Re-Os, arose as a panacea to correlate the Rio da Batateira Formation and the Crato and Ipubi members with the international stages. Surprisingly, their authors, although on the one hand, they seem to underestimate biostratigraphic results, on the other they seek to support their proposal from microfossils studied by previous authors, but they do so in an inappropriate way, leading readers to misinterpret their results. Therefore, this paper presents a critical review on the age of the Alagoas local Brazilian Stage in the Araripe Basin and nearby basins, refuting a Barremian age for part of the Post-rift Sequence I. Keywords: Alagoas local Brazilian Stage, biostratigraphy, ostracods, palynomorphs, radiometric ages.


2018 ◽  
Vol 2018 (9) ◽  
pp. 3-12
Author(s):  
Anatolii MAZARAKI ◽  
◽  
Liudmyla KHARSUN ◽  

Transformational processes in modern supply chains are experiencing a significant impact of global environmental problems and are focused on increasing the level of efficiency of the supply chains’ operation and ensuring the competitiveness of goods passing through them towards the end consumer. On the one hand, the parameters of all parts of the logistics chains must be in line with the international environmental requirements; on the other hand, compliance with the principles of environmental friendliness serves as a prerequisite for meeting the needs of modern consumers with a high level of environmental awareness. Logistics operations are a source of negative impacts on the natural environment. First of all, this concerns greenhouse gas emissions during transportation, waste products and packaging materials, noise and dust pollution, landscape changes and the use of natural resources. Therefore, environmental challenges stipulate the cooperation of all participants in supply chains, aimed at creating and implementing the effective environmental strategies and logistics concepts. The need for ecologization of Ukraine’s transport and logistics system is dictated by the need to achieve a high level of its competitiveness as an element of the global supply chain network. And although the domestic logistics system by a number of indicators is characterized by a low level of environmental friendliness, there is a consoling positive tendency to realize the need for an environmental orientation of its development both among the state authorities, and the logistics operators themselves.


2018 ◽  
Author(s):  
Thierry Leblanc ◽  
Mark A. Brewer ◽  
Patrick S. Wang ◽  
Maria Jose Granados-Munoz ◽  
Kevin B. Strawbridge ◽  
...  

Abstract. The North-America-based Tropospheric Ozone Lidar Network (TOLNet) was recently established to provide high spatio-temporal vertical profiles of ozone, to better understand physical processes driving tropospheric ozone variability, and to validate the tropospheric ozone measurements of upcoming space-borne missions such as Tropospheric Emissions: Monitoring Pollution (TEMPO). The network currently comprises six tropospheric ozone lidars, four of which are mobile instruments deploying to the field a few times per year, based on campaign and science needs. In August 2016, all four mobile TOLNet lidars were brought to the fixed TOLNet site of JPL-Table Mountain Facility for the one-week-long Southern California Ozone Observation Project (SCOOP). This inter-comparison campaign, which included 400 hours of lidar measurements and 18 ozonesondes launches, allowed for the unprecedented simultaneous validation of five of the six TOLNet lidars. For measurements between 3 and 10 km above sea level, a mean difference of 0.7 ppbv (1.7 %), with a root-mean-square deviation of 1.6 ppbv or 2.4 % was found between the lidars and ozonesondes, which is well within the combined uncertainties of the two measurement techniques. The few minor differences identified were typically associated with the known limitations of the lidars at the profiles altitude extremes (i.e., first 1 km above ground and at the instruments highest retrievable altitude). As part of a large homogenization and quality control effort within the network, many aspects of the TOLNet in-house data processing algorithms were also standardized and validated. This thorough validation of both the measurements and retrievals builds confidence in the high quality and reliability of the TOLNet ozone lidar profiles for many years to come, making TOLNet a valuable ground-based reference network for tropospheric ozone profiling.


Author(s):  
Paul Van Geert ◽  
Henderien Steenbeek

The notion of complexity — as in “education is a complex system” — has two different meanings. On the one hand, there is the epistemic connotation, with “Complex” meaning “difficult to understand, hard to control”. On the other hand, complex has a technical meaning, referring to systems composed of many interacting components, the interactions of which lead to self organization and emergence. For agents, participating in a complex system such as education, it is important that they can reduce the epistemic complexity of the system, in order to allow them to understand the system, to accomplish their goals and to evaluate the results of their activities. We argue that understanding, accomplishing and evaluation requires the creation of simplex systems, which are praxis-based forms of representing complexity. Agents participating in the complex system may have different kinds of simplex systems governing their understanding and praxis. In this article, we focus on three communities of agents in education — educators, researchers and policymakers — and discuss characteristic features of their simplex systems. In particular, we focus on the simplex system of educational researchers, and we discuss interactions — including conflicts or incompatibilities — between their simplex systems and those of educators and policymakers. By making some of the underlying features of the educational researchers’ simplex systems more explicit – including the underlying notion of causality and the use of variability as a source of knowledge — we hope to contribute to clarifying some of the hidden conflicts between simplex systems of the communities participating in the complex system of education.


2020 ◽  
Vol 73 (3) ◽  
Author(s):  
Helena Maria Scherlowski Leal David ◽  
José Ramón Martínez-Riera ◽  
Sonia Acioli ◽  
Maria Fernanda de Lima da Costa

ABSTRACT Objective: to analyze the perceptions of Spanish nurses regarding the country’s economic crisis situation, and its impacts on nursing work, health system and population’s health. Methods: qualitative approach, with data collection using an internet-based questionnaire and individual in-depth interviews. Data were analyzed according to Thematic-Categorical Content Analysis, supported by Historical and Dialectical Materialism perspective. Results: the categories produced discuss themes as: cutbacks in health care and the consequences of workforce non-replacement and work overload; salary impact; care model changes; negative impacts on population health. The impact on population health and work was discussed, especially regarding vulnerable groups, as well as in assistance model reconfiguration, reinforcing the biomedical and assistance perspective.


1997 ◽  
Vol 27 (2) ◽  
pp. 209-245 ◽  
Author(s):  
Kenneth R. Westphal

The lead question of Kant's first Critique, indeed his whole Critical Philosophy is ‘How is Metaphysics as a Science Possible?’ Neo-Kantian and recent Anglophone interpretations of Kant's epistemology have concentrated on the ‘Transcendental Analytic’ of the first Critique, and have taken Kant's positive and legitimate sense of metaphysics to concern the necessary conditions of our knowledge of mathematics, natural science, and of course, our common sense knowledge of a spatio-temporal world of objects and events. However, in the ‘Canon of Pure Reason’ in the first Critique Kant indicates quite clearly that, although two of the leading sub-questions of metaphysics — ‘What should I so?’ and ‘What may I hope?’ — cannot be answered on theoretical grounds, they may be answered on practical grounds (A804-05=B832-33). Those practical grounds are elaborated and supplemented (mainly) in the latter two Critiques and the Religion. In each case, however, a definite and positive answer to a metaphysical question involves giving ‘objective reality’ to a concept, e.g., the concepts of freedom or immortality. ‘Objective reality’ involves possible reference to an object, where ‘possible reference’ involves more than merely describing a logical possibility.


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