scholarly journals Wyrok Trybunału Sprawiedliwości Unii Europejskiej z perspektywy kognitywnej teorii prototypu. Studium przypadku

2020 ◽  
pp. 109-120
Author(s):  
Mateusz Zeifert
Keyword(s):  
Classical Theory ◽  
Cognitive Linguistics ◽  
Theory And Practice ◽  
Raw Material ◽  
Prototype Theory ◽  
The European Union ◽  
Application Of Law ◽  
Organoleptic Characteristics ◽  
Research Problems ◽  
Theory Of Law

Interpretative doubts in the application of law are usually born of discrepancies between the statutory language and the non-linguistic reality. Therefore, they pose the problem of categorization. The theory of law and legal practice have for centuries been dominated by the classical theory of categorization, according to which conceptual categories can be described by a set of sufficient and necessary features. In the 1970s, an American researcher Eleanor Rosch conducted a series of psychological experiments that led her to question the classical theory and lay the foundations for an alternative one, known as the prototype theory. According to this approach, conceptual categories are organized around the most typical exemplars (prototypes), and membership of a category is measured by similarity to the prototype. Some of the consequences of such view are that category membership is a gradable feature and that the borderlines of categories are fuzzy. The article presents an outline of the prototype theory in the version used in cognitive linguistics. Its usefulness for the theory and practice of statutory interpretation is tested on the basis of the judgment of the Court of Justice of the European Union regarding the concept of beer. In this judgment, the CJEU refused to define the concept of beer by setting requirements as to its raw material composition and ruled that beer is a product that has organoleptic characteristics of beer. This definition on the basis of classical theory appears to be tautological, however, it finds theoretical justification in the prototype theory. In conclusions, the author indicates research problems that must be taken up in order for the prototype theory to be reliably used in jurisprudence.

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

scholarly journals Towards a Circular Economy Taxation Framework: Expectations and Challenges of Implementation

2021 ◽  
Author(s):  
Leonidas Milios
Keyword(s):  
Circular Economy ◽  
Action Plan ◽  
Policy Instruments ◽  
Policy Instrument ◽  
Detailed Examination ◽  
Raw Material ◽  
The European Union ◽  
Material Resource ◽  
Waste Hierarchy ◽  
Tax Relief

AbstractThe transition to a circular economy is a complex process requiring wide multi-level and multi-stakeholder engagement and can be facilitated by appropriate policy interventions. Taking stock of the importance of a well-balanced policy mix that includes a variety of complementing policy instruments, the circular economy action plan of the European Union (COM(2020) 98 final) includes a section about “getting the economics right” in which it encourages the application of economic instruments. This contribution presents a comprehensive taxation framework, applied across the life cycle of products. The framework includes (1) a raw material resource tax, (2) reuse/repair tax relief, and (3) a waste hierarchy tax at the end of life of products. The research is based on a mixed method approach, using different sources to analyse the different measures in the framework. More mature concepts, such as material resource taxes, are analysed by reviewing the existing literature. The analysis of tax relief on repairs is based on interviews with stakeholders in Sweden, where this economic policy instrument has been implemented since 2017. Finally, for the waste hierarchy tax, which is a novel proposition in this contribution, macroeconomic modelling is used to analyse potential impacts of future implementation. In all cases, several implementation challenges are identified, and potential solutions are discussed according to literature and empirical sources. Further research is required both at the individual instrument and at the framework level. Each of the tax proposals needs a more detailed examination for its specificities of implementation, following the results of this study.

scholarly journals Crushed Bricks: Demolition Waste as a Sustainable Raw Material for Geopolymers

2021 ◽  
Vol 13 (14) ◽  
pp. 7572
Author(s):  
Gigliola D’Angelo ◽  
Marina Fumo ◽  
Mercedes del Rio Merino ◽  
Ilaria Capasso ◽  
Assunta Campanile ◽  
...  
Keyword(s):  
Energy Consumption ◽  
Building Materials ◽  
Mechanical Performance ◽  
Raw Materials ◽  
Construction Material ◽  
Raw Material ◽  
The European Union ◽  
Total Energy Consumption ◽  
Demolition Waste ◽  
Crushed Brick

Demolition activity plays an important role in the total energy consumption of the construction industry in the European Union. The indiscriminate use of non-renewable raw materials, energy consumption, and unsustainable design has led to a redefinition of the criteria to ensure environmental protection. This article introduces an experimental plan that determines the viability of a new type of construction material, obtained from crushed brick waste, to be introduced into the construction market. The potential of crushed brick waste as a raw material in the production of building precast products, obtained by curing a geopolymeric blend at 60 °C for 3 days, has been exploited. Geopolymers represent an important alternative in reducing emissions and energy consumption, whilst, at the same time, achieving a considerable mechanical performance. The results obtained from this study show that the geopolymers produced from crushed brick were characterized by good properties in terms of open porosity, water absorption, mechanical strength, and surface resistance values when compared to building materials produced using traditional technologies.

Human rights restrictions during the COVID-19 pandemic in Poland and Russia. Legal and comparative aspects

2021 ◽  
Vol 2(24) ◽  
pp. 323-340
Author(s):  
Marta Pietras-Eichberger
Keyword(s):  
Public Health ◽  
European Union ◽  
Human Rights ◽  
Public Interest ◽  
The European Union ◽  
Human Rights Law ◽  
The Public ◽  
Safety And Health ◽  
Research Problems ◽  
The Impact

The study analyzed selected issues related to the scope of human rights and freedoms during the COVID-19 pandemic in Poland and Russia. The author wanted to compare the regulations issued by a Member State of the European Union and a country outside the European Union, often using undemocratic methods of exercising power. The work focuses on research problems related to the principles of protection, the confrontation of individual interests with the public interest, and the impact of the regimes introduced during the COVID-19 pandemic on human rights law in both countries. The thesis of the study is that in the event of a threat to public health, analogous restrictions on human rights are introduced both in an undemocratic country and in a country belonging to international structures identifying with democratic values. The state of the COVID-19 pandemic has exposed, and in some area even contributed to the creation of mechanisms reserved for crisis situations, posing a direct and real threat to public safety and health.

scholarly journals Microalgae based innovative animal fat and proteins replacers for application in functional baked products

2018 ◽  
Vol 3 (1) ◽  
pp. 427-436 ◽  
Author(s):  
Maria-Styliani-Georgia Kafyra ◽  
Sofia Papadaki ◽  
Marios Chronis ◽  
Magdalini Krokida
Keyword(s):  
Fatty Acids ◽  
Raw Material ◽  
Food Allergies ◽  
Bakery Products ◽  
Omega 3 ◽  
Microalgal Oil ◽  
Animal Fat ◽  
Organoleptic Characteristics ◽  
Freeze Dried ◽  
Baked Products

Abstract Animal fat and proteins, such as milk butter and eggs, are the main ingredients of baked products, and are frequently blamed for food allergies, obesity, cancer and type II diabetes. Therefore, there is an urgent need to replace these ingredients with healthier ones without degrading the organoleptic characteristics of the final product. Microalgae are a great source of protein, minerals and lipids such as omega-3 and omega-6 fatty acids, which are beneficial for human health, offering multiple health benefits such as antioxidant and anti-aging activity. In this study, Chlorella vulgaris microalgae were the selected raw material for the innovative replacers because of their high content in proteins and polyunsaturated fatty acids. The obtained microalgal oil was colour corrected and used to produce brioche-type baked products with 100% animal fat substitution. For protein recovery, the aquatic extract was freeze-dried, producing a dry protein powder that fully substituted the animal protein in the baked products. Finally, the development of bakery products with 100% replacement of both animal fat and protein was achieved. These innovative bakery products showed equal performance to the commercial ones, and even improved organoleptic characteristics according to the sensorial analysis that occurred.

scholarly journals Discrepancy between the Theory and Practice of Crime Prevention

2021 ◽  
Vol 15 (3) ◽  
pp. 605-612
Author(s):  
Igor’ M. Matskevich
Keyword(s):  
Crime Prevention ◽  
Theory And Practice ◽  
Federal Law ◽  
Law Enforcement Agencies ◽  
The Public ◽  
Prevention System ◽  
Preventive Work ◽  
Research Problems ◽  
Prevention Of Crime ◽  
Selection Of

Introduction: the article considers the concept of prevention in several aspects (social prevention, criminological prevention, situational prevention, evolutionary prevention). We describe the subjects implementing the prevention of offenses and consider the issue of public participation in this process in historical and modern periods. We focus our attention on the prevention of new crimes in the institutions of the Federal Penitentiary Service, emphasize its importance during the period of serving a sentence (educational techniques and methods) and after release (interaction of probation inspectorates with law enforcement agencies for the re-socialization of released convicts). We outline possible risks and difficulties of organizing crime prevention together with public organizations: determining preferences for activists; politicization of preventive work (obtaining additional electoral points); selection of activists (preventing the involvement of representatives of the criminal environment). In the context of considering ways to improve prevention, much attention is paid to the prevention of crime through technological innovations: control over people’s movement using a mobile phone; analysis of web browsing history; computer programs for crime prevention; compilation and maintenance of federal database programs; chipping, etc. The study is based on the accumulated experience of implementing preventive work, which is described in the sections “Prevention yesterday” and “Prevention today”. The article analyzes examples of crime prevention in Thailand, the U.S. etc., and reflects the results of implementation of the “Safe City” program in Moscow. The methodological basis of this study is represented by the axiological approach. Research problems were addressed with the use of general philosophical principles of dialectics and special methods of cognition: systematic, formal-legal, sociological, etc. Results: the public remains the most important element of the prevention system. It is necessary to develop and legally consolidate the relevant activities, for example, as it is done in Article 11 of the Federal Law “On the fundamentals of the system for prevention of neglect and juvenile delinquency”. Legal education should be the main weapon in the hands of the subjects of prevention. Elimination of crime should become the main direction of prevention.

scholarly journals Improving the efficiency of leaching of metals from ore raw materials

2018 ◽  
pp. 45-57
Author(s):  
V.I. Lyashenko ◽  
F.F. Topolnyi ◽  
G.D. Kovalenko
Keyword(s):  
Underground Mining ◽  
Raw Materials ◽  
Residential Buildings ◽  
Practical Experience ◽  
Environmental Safety ◽  
Theory And Practice ◽  
Raw Material ◽  
Material Base ◽  
Seismic Safety ◽  
Industrial Buildings

Purpose. Improving the efficiency of leaching of metals from ore raw materials by justifying the parameters of underground mining and the introduction of integrated technology in combination with geotechnology, ensuring the rational use, protection of the subsurface and the environment during the development of reserves by combined geotechnological methods. Metology. The methods of generalization, analysis and evaluation of practical experience and scientific achievements in the field of geotechnology, theory and practice of explosive destruction of solid media, continuum mechanics, mathematical statistics, as well as research techniques of wave processes according to standard and new techniques of the leading experts of the world's advanced mining countries are described. Findings. The factors determining the leaching efficiency of metal ores, environmental and seismic safety are established and the parameters of the explosion are justified taking into account the size of an average linear piece of exploded ore mass, the area of an emanating surface and the seismic safety of protected objects (industrial buildings, residential buildings, the Ingul river underflow, Kropivnitsky, etc.). Originality. Recommended empirical dependence for the prediction of the oscillation speed on the reduced mass of charge per deceleration step in the explosive preparation of ore for underground leaching of metals for the field conditions of the form y = a ∙ b also the value of the permissible displacement rate of the soil at the base of the protected objects = 0.4 cm / s. Practical value. When non-conforming ores of deposits are involved in the production, their raw material base at operating mines can be increased 1.4–1.6 times. Keywords: mining technology, underground mining, metal leaching, environmental safety, efficiency.

scholarly journals ANALYSIS OF THE CURRENT STATE OF SCIENTIFIC RESEARCH PROBLEMS OF OPERATIONAL AND EXPLORATORY DOCUMENTATION

2020 ◽  
pp. 408-416
Author(s):  
А. А. Саковський
Keyword(s):  
The State ◽  
Theory And Practice ◽  
Scientific Development ◽  
Modern Theory ◽  
Technical Documentation ◽  
Criminal Proceedings ◽  
Current State ◽  
Criminal Offenses ◽  
Research Problems ◽  
National Police

The relevance of the article is that the Constitution of Ukraine stipulates that a person, his life and health, honor and dignity, inviolability and security are recognized in our state as the highest social value. The activity of law enforcement bodies and judicial authorities in the state is aimed at ensuring the implementation of this provision of the Basic Law of Ukraine. Protection of the rights and legitimate interests of individuals and legal entities is one of the tasks of criminal proceedings which is achieved through the implementation of others - by prompt and full disclosure of crimes, exposing the perpetrators and ensuring the proper application of the Law. The purpose of the article is to determine the current state of scientific developments of operational and investigative documentation in the process of combating crime by units of the National Police of Ukraine. The state of scientific development of problems of operative-search documentation by generalization and systematization of results of monographic works of domestic and foreign scientists, and also scientific researches on the researched subjects, stated in manuals, methodical recommendations, lectures and scientific articles of different historical periods is analyzed. For in-depth study of these issues, the chronological principle of presentation of the material was chosen, which provides an opportunity to highlight the defining ideas and views of the formation of modern operational and investigative documentation. It was found that today, in the legal literature and practice, along with the term "operational documentation" has become widespread concept of "operational and technical documentation" of criminal offenses, as these terms are used not only in forensic, operational and investigative, but also other aspects , where they have different meanings, although identical in meaning, which is the need to ensure compliance of the process of operational and technical documentation of criminal offenses with the requirements of applicable regulations governing the admissibility, procedure and conditions of its implementation. It is stated that the study indicates the need and relevance for modern theory and practice of ORD conducting at the monographic level of a comprehensive study of theoretical, legal and organizational and tactical principles of operational and investigative documentation in the fight against crime by the National Police of Ukraine.

scholarly journals Evaluation of microbiological risks in cream as a raw material for buttermaking

Food systems ◽  
2022 ◽  
Vol 4 (4) ◽  
pp. 259-268
Author(s):  
G. M. Sviridenko ◽  
M. B. Zakharova ◽  
N. V. Ivanova
Keyword(s):  
Storage Capacity ◽  
Storage Temperature ◽  
Titratable Acidity ◽  
Raw Material ◽  
Coliform Bacteria ◽  
Bacterial Number ◽  
Research Results ◽  
Anaerobic Microorganisms ◽  
Organoleptic Characteristics ◽  
And Storage

The article presents the research results of studying the influence of various groups of microorganisms — coliform bacteria, lactic acid microorganisms, yeast, and spore bacteria — on the quality and storage capacity of cream used as a raw material for buttermaking. The objects of study were the following: cream as a raw material before and after pasteurization, as well as pasteurized cream seeded with testing cultures of various types of spoilage microorganisms. The samples were stored at temperature conditions of 30 ± 1 °C, 10 ± 1 °C, and 4 ± 2 °C. To evaluate the quality and storage capacity of cream used as a raw material, its microbiological and physicochemical indicators were determined by standardized methods: bacterial number, titratable acidity, indicators of oxidative spoilage of the fat phase. Organoleptic characteristics were evaluated in terms of taste, consistency and appearance. Research results have shown that the greatest microbiological risks during storage of cream used as a raw material are associated with lactococci, coliform bacteria and yeast. Microbiological risks caused by seeding of cream with thermophilic streptococcus, spore bacteria of the genus Bacillus and spore anaerobic microorganisms of the genus Clostridium are less significant, which is associated with the lack of development and metabolism of these groups of microorganisms at storage temperatures of 10 ± 1 °C and 4 ± 2 °C. At the same time, the reason for the rejection of cream contaminated with these testing cultures, at a storage temperature of 4 ± 2 °C, is primarily a decrease in organoleptic indicators, and at a temperature of 10 ± 1 °C — an excess in bacterial number.

Sign in / Sign up

Export Citation Format

Share Document