scholarly journals Wybrane zagadnienia związane ze stosowaniem instytucji usiłowania we współczesnym orzecznictwie sądów polskich

2021 ◽  
pp. 1-24
Author(s):  
Katarzyna Zawidzka
Keyword(s):  
Criminal Law ◽  
Practical Importance ◽  
Fundamental Principle ◽  
Point Of View ◽  
Legal Structure ◽  
Successful Attempt ◽  
Normative Concepts ◽  
Proper Interpretation

The institution of attempt is used relatively frequently in the practice of justice system.Importantly, it always separates the punishable stage of attempt from punishable preparatory activities, and therefore constitutes the limit of criminalization. Despite its practical importance, using of the indicated legal structure, raises a number of doubts that are related to the proper interpretation of the normative concepts comprising it. A consequence is moving the limit of punishability of the crime by adjudicating authorities. It can raise some objections – from fundamental principle of criminal law inthe form of nullum crimen sine lege point of view. The article discusses the problems of that appear in jurisdiction in connection with the application of the attempt institution; these problems raise interest among doctrine. The author confronts irreconcilable judgments. The Author searches interpretative solutions that seem the most appropriate from theoretical and dogmatic structure of the successful attempt and inept attempt point of view.

scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

Birlikte Yaşama Kültürü Çerçevesinde Avrupa Birliği ve Türkiye Politikaları: Suriyelilere Yönelik Tutumun Sultanbeyli Örneği Üzerinden Değerlendirilmesi

2017 ◽  
Vol 4 (1) ◽  
pp. 41-61
Author(s):  
Pelin Sönmez ◽  
Abulfaz Süleymanov
Keyword(s):  
Civil Wars ◽  
Large Scale ◽  
Social Acceptance ◽  
Point Of View ◽  
The Other ◽  
Syrian Refugees ◽  
The European Union ◽  
International Protection ◽  
Legal Structure ◽  
Turkish People

Türkiye, Cumhuriyet tarihinin en yoğun zorunlu göç dalgasını 2011 yılından bu yana süren Suriye Savaşı ile yaşamaktadır. Suriye vatandaşlarının geçici koruma statüsü altında Türkiye toplumuna her açıdan entegrasyonları günümüzün ve geleceğin politika öncelikleri arasında düşünülmelidir. Öte yandan ülkeye kabul edilen sığınmacıların kendi kültürel kimliğini kaybetmeden içinde yaşadığı ev sahibi topluma uyumu, ortak yaşam kültürünün gelişmesi açısından önem arz etmektedir. Bu makalede, "misafir" olarak kabul edilen Suriyeli vatandaşların Türk toplumunca kabul edilmeleri ve dışlanma risklerinin azaltılmasına yönelik devlet politikaları ortaya konularak, üye ve aday ülkelere göçmenlerin dışlanmasını önlemek için Avrupa Birliği (AB) tarafından sunulan hukuki yapı ve kamu hizmeti inisiyatifleri incelenmekte, birlikte yaşam kültürü çerçevesinde Suriyeli vatandaşlara yönelik  toplumsal kabul düzeyleri ele alınmaktadır. Çalışma iki ana bölümden oluşmaktadır: göçmen ve sığınmacılara karşı toplumsal dışlanmayı engellemek için benimsenen yasa ve uygulamaların etkisi ve İstanbul-Sultanbeyli bölgesinde Suriyeli sığınmacılarla ilgili toplumsal algı çalışmasının sonuçları. Bölgede ikamet eden Suriyelilere yönelik toplumsal kabul düzeyinin yüksek olduğu görülürken, halkın Suriyelileri kendilerine  kültürel ve dini olarak yakın hissetmesi toplumsal kabul düzeyini olumlu etkilemektedir. ABSTRACT IN ENGLISHAn evaluation of the European Union and Turkish policies regarding the culture of living togetherThis article aims to determine the level of social acceptance towards Syrians within the context of cohabitation culture by evaluating EU’s legal structure and public service initiatives in order to prevent Syrian refugees from being excluded in member and candidate countries and by revealing government policies on acceptance of Syrians as “guest” by Turkish society and minimizing the exclusion risks of them. This article consists of two main parts, one of which is based on the effects of law and practices preventing refugees and asylum seekers from social exclusion, and the other is on the results of social perception on Syrians in Sultanbeyli district of Istanbul. At the end of 5-years taking in Syrian War, it is obvious that most of more than 3 million Syrian with unregistered ones in Turkey are “here to stay”. From this point of view, the primary scope of policies should be specified in order to remove side effects of refugee phenomenon seen as weighty matter by bottoming out the exclusion towards those people. To avoid possible large-scale conflicts or civil wars in the future, the struggle with exclusion phenomenon plays a crucial role regarding Turkey’s sociological situation and developing policies. In the meaning of forming a model for Turkey, a subtitle in this article is about public services for European-wide legal acquis and practices carried out since 1970s in order to prevent any exclusion from the society. On the other hand, other subtitles are about legal infrastructure and practices like Common European Asylum and Immigration Policies presented in 2005, and Law on Foreigners and International Protection introduced in 2013. In the last part of the article, the results of a field survey carried out in a district of Istanbul were used to analyze the exclusion towards refugees in Turkey. A face-to-face survey was randomly conducted with 200 settled refugees in Sultanbeyli district of Istanbul, and their perceptions towards Syrian people under temporary protection were evaluated. According to the results, the level of acceptance for Syrians living in this district seems relatively high. The fact that Turkish people living in the same district feel close to Syrian refugees culturally and religiously affect their perception in a positive way: however, it is strikingly seen and understood that local residents cop an attitude on the refugees’ becoming Turkish citizens.

Judicial geography as a legal science and academic discipline

2019 ◽  
Vol 5 (4) ◽  
pp. 122-137
Author(s):  
Almaz F. Abdulvaliev
Keyword(s):  
Criminal Law ◽  
Climatic Factors ◽  
Academic Discipline ◽  
Preliminary Investigation ◽  
Criminal Procedure ◽  
Mapping Method ◽  
Research Field ◽  
Point Of View ◽  
Theoretical Development ◽  
New Research

This article presents the conceptual foundations for the formation of a new research field “Judicial Geography”, including the prerequisites for its creation, academic, and theoretical development, both in Russia and abroad. The purpose of the study is to study the possibility of applying geographical methods and means in criminal law, criminal procedure, and in judicial activity in general via the academic direction “Judicial Geography”. The author describes in detail the main elements of judicial geography and its role and significance for such legal sciences, as criminal law, criminal procedure, criminalistics, and criminology among others. The employed research methods allow showing the main vectors of the development of judicial geography, taking into account the previous achievements of Russian and worldwide academics. The author indicates the role and place of judicial geography in the system of legal sciences. This study suggests a concept of using scientific geographical methods in the study of various legal phenomena of a criminal and criminal-procedural nature when considering the idea of building judicial bodies and judicial instances, taking into account geographical and climatic factors. In this regard, the author advises to introduce the special course “Judicial Geography”, which would allow law students to study the specifics of the activities of the judiciary and preliminary investigation authorities from a geographical point of view, as well as to use various geographical methods, including the mapping method, in educational and practical activities. The author concludes that forensic geography may become a new milestone for subsequent scientific research in geography and jurisprudence.

Ultra-high Temperature (UHT) Processing: Technological Significance and Updates

2020 ◽  
Vol 16 (8) ◽  
pp. 1183-1195
Author(s):  
Prasad Rasane ◽  
Nitya Sharma ◽  
Sana Fatma ◽  
Sawinder Kaur ◽  
Alok Jha ◽  
...  
Keyword(s):  
High Temperature ◽  
Shelf Life ◽  
Raw Milk ◽  
Fundamental Principle ◽  
Point Of View ◽  
Cold Chain ◽  
Historical Significance ◽  
Perishable Commodity ◽  
Quality Of Milk ◽  
Ultra High Temperature

Background: Background: Milk forms an integral part of the human diet from the nutritional point of view. Besides nutrition, it has also unique functional properties which are harnessed by the industry for numerous uses. Being highly perishable specific techniques are required to minimize the losses during processing and adequate preservation of this precious commodity. In the U.S. and many other parts of the world, the traditional pasteurization of milk requires a minimum heat treatment of 72ºC for 15 seconds with subsequent refrigeration. However, the advent of Ultra High Temperature (UHT) treatment of milk has added a new dimension to the marketing of liquid milk in urban as well as remote areas without the requirement of cold chain management. The distinctive feature of UHT processed milk is that it is commercially-sterile-not pasteurized and so has long shelf life at room temperature. UHT milk, also known as long-life milk, is emerging as an attractive commercial alternative offering a hygienic product of unmatched quality, which can be bought anywhere, at any time and in any quantity. The present review will discuss numerous aspects of UHT processing of milk with reference to historical significance, fundamental principle, various systems used and prerequisites, type of exchangers used, fouling and other defects in system, chemical and microbiological effect of the treatment, its effect on nutritional components, organoleptic quality of milk and the advantage and involved challenges of the process. Conclusion: Raw milk is easily contaminated with pathogens and microbes and hence its consumption of raw milk is associated with certain ill health effects. Therefore, heating milk before consumption is strongly suggested. Thus, UHT treatment of milk is done to ensure microbial safety and also to extend the shelf life of this highly perishable commodity. Heating milk at such a high temperature is often associated with the change of organoleptic properties like change in flavor or cooked flavor, rancidity due to microbes or acid flavor, etc. But UHT treatment does not substantially decrease the nutritional value or any other benefits of milk.

scholarly journals On Kaufmann's theory of the impact of the pianoforte hammer

1920 ◽  
Vol 97 (682) ◽  
pp. 99-110 ◽  
Keyword(s):  
Initial Conditions ◽  
Practical Importance ◽  
Prima Facie ◽  
Point Of View ◽  
Infinite Length ◽  
Modes Of Vibration ◽  
Rigorous Treatment ◽  
The Subject ◽  
Set Up ◽  
The Impact

The theory of the vibrations of the pianoforte string put forward by Kaufmann in a well-known paper has figured prominently in recent discussions on the acoustics of this instrument. It proceeds on lines radically different from those adopted by Helmholtz in his classical treatment of the subject. While recognising that the elasticity of the pianoforte hammer is not a negligible factor, Kaufmann set out to simplify the mathematical analysis by ignoring its effect altogether, and treating the hammer as a particle possessing only inertia without spring. The motion of the string following the impact of the hammer is found from the initial conditions and from the functional solutions of the equation of wave-propagation on the string. On this basis he gave a rigorous treatment of two cases: (1) a particle impinging on a stretched string of infinite length, and (2) a particle impinging on the centre of a finite string, neither of which cases is of much interest from an acoustical point of view. The case of practical importance treated by him is that in which a particle impinges on the string near one end. For this case, he gave only an approximate theory from which the duration of contact, the motion of the point struck, and the form of the vibration-curves for various points of the string could be found. There can be no doubt of the importance of Kaufmann’s work, and it naturally becomes necessary to extend and revise his theory in various directions. In several respects, the theory awaits fuller development, especially as regards the harmonic analysis of the modes of vibration set up by impact, and the detailed discussion of the influence of the elasticity of the hammer and of varying velocities of impact. Apart from these points, the question arises whether the approximate method used by Kaufmann is sufficiently accurate for practical purposes, and whether it may be regarded as applicable when, as in the pianoforte, the point struck is distant one-eighth or one-ninth of the length of the string from one end. Kaufmann’s treatment is practically based on the assumption that the part of the string between the end and the point struck remains straight as long as the hammer and string remain in contact. Primâ facie , it is clear that this assumption would introduce error when the part of the string under reference is an appreciable fraction of the whole. For the effect of the impact would obviously be to excite the vibrations of this portion of the string, which continue so long as the hammer is in contact, and would also influence the mode of vibration of the string as a whole when the hammer loses contact. A mathematical theory which is not subject to this error, and which is applicable for any position of the striking point, thus seems called for.

The Earliest Tool-makers

Antiquity ◽  
1956 ◽  
Vol 30 (117) ◽  
pp. 4-8 ◽  
Author(s):  
Kenneth Oakley
Keyword(s):  
Practical Importance ◽  
Point Of View ◽  
Fossil Remains

Man has been defined in many ways, as the talking animal, the religious animal, and so on, but the most satisfactory definition from the scientific point of view is probably Man the Tool-maker. One might ask, why bother to define man, considering his uniqueness and self-evident characteristics? But from the standpoint of students of evolution, particularly those concerned with the interpretation of fossil remains of early man and his possible ancestors, to define man is of practical importance.

BASIN CONFIGURATION OF A SIX-DIMENSIONAL MODEL OF AN ELECTRIC POWER SYSTEM

2002 ◽  
Vol 12 (06) ◽  
pp. 1333-1356 ◽  
Author(s):  
YOSHISUKE UEDA ◽  
HIROYUKI AMANO ◽  
RALPH H. ABRAHAM ◽  
H. BRUCE STEWART
Keyword(s):  
Power Systems ◽  
Power System ◽  
Initial Conditions ◽  
Electrical Power ◽  
Practical Importance ◽  
Intervention Strategy ◽  
Basins Of Attraction ◽  
Electric Power System ◽  
Point Of View ◽  
Electrical Power System

As part of an ongoing project on the stability of massively complex electrical power systems, we discuss the global geometric structure of contacts among the basins of attraction of a six-dimensional dynamical system. This system represents a simple model of an electrical power system involving three machines and an infinite bus. Apart from the possible occurrence of attractors representing pathological states, the contacts between the basins have a practical importance, from the point of view of the operation of a real electrical power system. With the aid of a global map of basins, one could hope to design an intervention strategy to boot the power system back into its normal state. Our method involves taking two-dimensional sections of the six-dimensional state space, and then determining the basins directly by numerical simulation from a dense grid of initial conditions. The relations among all the basins are given for a specific numerical example, that is, choosing particular values for the parameters in our model.

Detection of psychotropic substances in the blood by LC/MS/MS

2014 ◽  
Vol 284 ◽  
pp. 60-69
Author(s):  
Mariola Wicka ◽  
◽  
Piotr Chołbiński ◽  
Dorota Kwiatkowska ◽  
Andrzej Pokrywka ◽  
...  
Keyword(s):  
Human Body ◽  
Chemical Structure ◽  
Drugs Of Abuse ◽  
Point Of View ◽  
The Body ◽  
Psychoactive Substances ◽  
Psychotropic Substances ◽  
Road Users ◽  
Conducting Research ◽  
Proper Interpretation

Year on year, one can observe an increase in the use of addictive substances. This leads to occurring the problem of addiction as well as the use of psychoactive substances as a serious hazard to road users. The Regulation of the Minister of Health on agents acting similarly to alcohol and the conditions and manner of conducting research on their presence in the human body, requires adequate benchmarks for performing these tests. An importantfactor, from consultative point of view, is the knowledge of the chemical structure of substances belonging to different groups of drugs of abuse, their metabolic transformations that occur in the body as well as their influence on the body. This is to aid in the proper interpretation of the results of the analytical tests.

scholarly journals Гермотим из Клазомен и начало афинской философии

2020 ◽  
Vol 53 (3) ◽  
pp. 141-148
Author(s):  
О.А. Матвейчев
Keyword(s):  
Ancient Greece ◽  
Fundamental Principle ◽  
History Of Philosophy ◽  
Point Of View ◽  
Greek Philosophy ◽  
History Of ◽  
The Difference ◽  
Classical Greek Philosophy ◽  
Available Information ◽  
Greek World

Гермотим из Клазомен – фигура в истории греческой философии, можно сказать, маргинальная. В современной литературе он появляется разве что в ряду других колдунов и мистиков VII–VI вв. до н.э. В таком статусе он включается и в собрание Дильса. Анализируя сведения о Гермотиме, автор ставит перед собой цель найти ему место среди малоазийских философов первой величины, которых считают основателями греческой философии. Различение духа (души) и материи (тела) станет основополагающим принципом греческой философии, понятие Ума (нуса) выступит фундаментом для системы Анаксагора, первого афинского философа, с которого, собственно, и начнется история классической греческой философии. Автор разделяет точку зрения Э. Доддса и др., что появление нового для Греции представления о различии души и тела коренится в северной (гиперборейской?) ментальности, привнесенной в греческий мир во времена колонизации VII–VI вв. до н.э., а возможно – и в более ранние. Ключевые слова: история философии, Древняя Греция, Гиперборея, Гермотим из Клазомен, Анаксагор, шаманизм, нус, душа, тело Hermotimus of Clazomenae can be called a marginal figure in the history of Greek philosophy. In modern literature he is mentioned only among other sorcerers and mystics of the VIIth–VIth centuries BC. The collection of Hermann Diels describes him in the same manner. Analyzing available information about Hermotimus, the author makes an attempt to place him among the primary Anatolian philosophers who are considered the founders of Greek philosophy. The distinction between spirit (soul) and matter (body) will become the fundamental principle of Greek philosophy; the concept of Nous (cosmic Mind) will be the foundation for the system of Anaxagoras, the first Athenian philosopher, from which, in fact, the history of classical Greek philosophy begins. The author shares the point of view of E. Dodds and others that the emergence of a new concept about the difference between soul and body in Greece is rooted in the northern (Hyperborean?) mentality introduced into the Greek world during the colonization of the VIIth–VIth centuries BC or possibly in earlier times. Keywords: history of philosophy, Ancient Greece, Hyperborea, Hermotimus of Clazomenae, Anaxagoras, shamanism, nous, soul, body

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