scholarly journals Principle as a Means of Identifying a Legislative Gap (on the Example of Juvenile Justice)

Law and World ◽  
2021 ◽  
Vol 7 (4) ◽  
pp. 125-151
Keyword(s):  
Juvenile Justice ◽  
Best Interests ◽  
Final Conclusion ◽  
Fundamental Issue ◽  
New Approach ◽  
Deductive Method ◽  
Law And Justice ◽  
The One ◽  
Mirror Principle ◽  
Norm Principle

The paper presents the principle as a research issue as a basis for identifying a legislative gap. In terms of research methodology, the paper uses an inductive and deductive method that plays the lion's role in shaping the final conclusion. Especially important is the legitimacy method, which broadly shows the importance of the principle in the development of law, for law and justice. The aim of the paper is to cover the issue with a new approach, in particular, the paper combines, on the one hand, a review of constitutional procedures for gaps in the legislation, analyzes of ways to correct gaps in the legislation, against which the principle can be considered The issue is covered by analyzing the importance of the norm-principle of juvenile justice – prioritizing the best interests and defining its role in identifying gaps in the legislation in juvenile justice. To illustrate this point, such a fundamental issue of juvenile justice as custodial bail and its relevance to the priority of best interests as a matter of principle is analyzed. The findings are based on a critical analysis of the functioning of the juvenile justice norm-principle with bail in conjunction with a discussion of the constitutional issues of detecting legislative gaps. The existence of the principle as the basis of any legislation is outlined and its mirror principle is shown, according to which it reflects the legislative gaps and shows the way to the harmonization of the legislation.

scholarly journals Proportionality of response to criminally illegal behavior of minors

2021 ◽  
Vol 2 (16) ◽  
pp. 84-98
Author(s):  
Liliia Yuriivna Timofeyeva
Keyword(s):  
Juvenile Justice ◽  
Juvenile Justice System ◽  
Criminal Code ◽  
International Standards ◽  
Best Interests ◽  
Educational Impact ◽  
Criminal Sanctions ◽  
Criminal Offenses ◽  
Juvenile Sentencing ◽  
The One

Modern international standards indicate that the basis of criminal law policy to prevent juvenile delinquency should be a child-friendly juvenile justice system. This system focuses on the application of alternative and non-criminal sanctions (warning, reprimand, restitution and compensation). Based on international standards of juvenile justice, we can note their focus on ensuring the best interests of the child, the predominance of sanctions and measures that may have an educational impact, compensation for damages, creating conditions for reconciliation of victims and offenders and eliminating the consequences of crime, ensuring a meaningful life of a teenager in society. Juvenile sentencing is more loyal approach and shown in comparison with adults with regard to property penalties (if the minor has income or property) (parts 1, 3 of Article 99 of the Criminal Code of Ukraine), reduced limits of punishment (parts 1, 2 of Article 100, 101, part 1 Article 102 of the Criminal Code of Ukraine), restriction of using of imprisonment depending on the gravity of the crime and the characteristics of the juvenile. It is established that in addition to ensuring the best interests of the child and the use of as many non-punitive measures as possible against juvenile, it is also necessary to pay attention to other circumstances of the case. In particular, a balance must be struck between the best interests of the juvenile and a proportionate response to his or her behavior. In particular, it is necessary to take into account the repeated commission of criminal offenses, as well as the one-time application of incentive rules to juvenile. And pay attention to alternatives to imprisonment that may be more effective. In particular, mediation and rehabilitation practices can be more effective.

A new approach to bracket prediction in the NCAA Men’s Basketball Tournament based on a dual-proportion likelihood

2015 ◽  
Vol 11 (1) ◽  
Author(s):  
Ajay Andrew Gupta
Keyword(s):  
National Collegiate Athletic Association ◽  
Expert Knowledge ◽  
Probability Model ◽  
Expected Value ◽  
Division I ◽  
Prediction System ◽  
New Approach ◽  
Men's Basketball ◽  
Popular Interest ◽  
The One

AbstractThe widespread proliferation of and interest in bracket pools that accompany the National Collegiate Athletic Association Division I Men’s Basketball Tournament have created a need to produce a set of predicted winners for each tournament game by people without expert knowledge of college basketball. Previous research has addressed bracket prediction to some degree, but not nearly on the level of the popular interest in the topic. This paper reviews relevant previous research, and then introduces a rating system for teams using game data from that season prior to the tournament. The ratings from this system are used within a novel, four-predictor probability model to produce sets of bracket predictions for each tournament from 2009 to 2014. This dual-proportion probability model is built around the constraint of two teams with a combined 100% probability of winning a given game. This paper also performs Monte Carlo simulation to investigate whether modifications are necessary from an expected value-based prediction system such as the one introduced in the paper, in order to have the maximum bracket score within a defined group. The findings are that selecting one high-probability “upset” team for one to three late rounds games is likely to outperform other strategies, including one with no modifications to the expected value, as long as the upset choice overlaps a large minority of competing brackets while leaving the bracket some distinguishing characteristics in late rounds.

Contemporary Readings of Sahih Al-Bukhari Its Schools, its Starting Points, Examples of its Challenges at Sahih

2021 ◽  
Vol 4 (Special Issue) ◽  
pp. 372-402
Author(s):  
Medebbeur Halim
Keyword(s):  
Analytical Method ◽  
Scientific Paper ◽  
Scientific Center ◽  
Comprehensive View ◽  
General Methodology ◽  
The People ◽  
Deductive Method ◽  
The Status ◽  
The One ◽  
Modern Era

Sahih al-Bukhari is considered the most important hadith reference among Sunnis, and by this the importance of the study related to it appears, and the sahih has been of high standing throughout the ages. But in the modern era, he began to delve into it in terms to the inappropriateness of his hadiths in protest, and this scientific paper will monitor the features of contemporary readings by stating their methods, types, and derivation. The importance of the study: on the one hand the need to know these contemporary reading to monitor them and highlight their role in challenging the Sahih and the Sunnah in general. Methodology of the study: the paper relied on the inductive analytical method by collecting data and analyzing it according to the nature of the study. With the use of the deductive method by taking a comprehensive view of these contemporary readings. Problem the study: what are the most important contemporary readings of Sahih al-Bukhari as a stab and insult? What are types, methods, and derivation of these readings? What are the applied images outlined in the appeal against Sahih al- Bukhari? To answer this, it was necessary to develop five sections. Namely: the status of Sahih al-Bukhari among the people of hadith, the emergence of contemporary readings of Sahih al-Bukhari, the most important contemporary schools of contention in Sahih al-Bukhari, pictures of conclusion with findings and recommendations. The results of the paper are represented in the necessity to pay attention to all the sciences of the Sunnah, to intensify studies on Sahih al- Bukhari, and the call to establish a global scientific center to monitor and confront contemporary readings of the Sunnah.

A case of murder in eighteenth-century Mongolia

1969 ◽  
Vol 32 (1) ◽  
pp. 71-90
Author(s):  
C. R. Bawden
Keyword(s):  
Eighteenth Century ◽  
Sources Of Information ◽  
Criminal Cases ◽  
General Outline ◽  
Official Document ◽  
The Social ◽  
Administration Of Justice ◽  
Local Officials ◽  
Law And Justice ◽  
The One

In general outline the pattern of government in Outer Mongolia during the Manchu dyasty in not unfamiliar and it is a well-known fact that there was no judiciary as such, the administration of justice being only one of the various duties of local officials at various levels. A certain amount of work has been done on problems of law and justice, but there remain many problems of detail to be both raised and commented upon. Two lines of inquiry are open. On the one hand it is instructive to see how the processes of investigation and trial worked—how an alleged offence came to offical notice, who investigated, how evidence was recorded, what instances a case passed through, and how, and on what legal basis, it was disposed of. Other closely related technical questions concern the form and language of official documents. On the other hand, examination of criminal cases will afford insight into the social status, living conditions, and perhaps the psychology, of the persons concerned. It is in fact largely through the medium of legal and other official documents that we shall glean whatever information there is to be had about the day to day lives of individual persons in Mongolia under the Manchus, since other sources of information—journalism, biography, fiction, letters, memoirs, and so on—are non-existent. Apart from reports of criminal cases, some of which have been dealt with in model fashion by Klaus Sagaster, much information can be found in other types of official document, such as complaints submitted by ordinary people against officials, but in the present article we shall be concerned exclusively with the report of one criminal case dating from the late eighteenth century.

scholarly journals Symmetry breakdown and coupling constants of leptons

2007 ◽  
Vol 79 (2) ◽  
pp. 195-208 ◽  
Author(s):  
Gil C. Marques ◽  
Dominique Spehler
Keyword(s):  
Coupling Constants ◽  
Electroweak Interactions ◽  
New Approach ◽  
Fundamental Interactions ◽  
Electromagnetic Interactions ◽  
Symmetry Breakdown ◽  
A Value ◽  
Intermediate Bosons ◽  
The One ◽  
The Way

Based on a new approach to symmetries of the fundamental interactions we deal, in this paper, with the electroweak interactions of leptons. We show that the coupling constants, arising in the way leptons are coupled to intermediate bosons, can be understood as parameters associated to the breakdown of SU(2) and parity symmetries. The breakdown of both symmetries is characterized by a new parameter (the asymetry parameter) of the electroweak interactions. This parameter gives a measure of the strength of breakdown of symmetries. We analyse the behaviour of the theory for three values of this parameter. The most relevant value is the one for which only the electromagnetic interactions do not break parity (the maximally allowed left-right asymetric theory). Maximamally allowed parity asymmetry is a requirement that is met for a value of Weinberg's theta-angle that is quite close to the experimental value of this parameter.

scholarly journals Pendidikan Agama Islam Pada Anak Yang Berhadapan Dengan Hukum di Lapas Klas IIa Curup

2017 ◽  
Vol 2 (2) ◽  
pp. 157
Author(s):  
Febri Saputra ◽  
Taklimudin Taklimudin
Keyword(s):  
Juvenile Justice ◽  
Religious Education ◽  
Group Coaching ◽  
Individual Coaching ◽  
Refraction Method ◽  
Question And Answer ◽  
Religious Learning ◽  
Deductive Method ◽  
To Receive ◽  
Method Group

This research analyzes about Education Islamic on children facing the law in Prisons class IIA Curup. The study is motivated by the importance of Islamic religious education for child prisoners. As already mentioned in UU Number 11 years 2012 on the juvenile justice sytem, that the prison children are entitled to receive education adn training during their stay in prison, as has been done in prisons Klas IIA Curup. Prisons class IIA Curup serve as a source of data because to geta portrait of Islamic religious education, an then can be used as a model for coaching other prison. In this case, islamic religious learning has an important role inthe process of coaching, because one of their awareness is to restore the religion. Inthe process of learning educators provide material that includes the Qur’an, creed, morals shariah worship, but more emphasis on moral material. The methods used in leaarning Islamic religious education in prisons class IIA Curup include; method of guidance based on situation, individual coaching method, group coaching method, suggestion outo ethod, refraction method, advice method, deductive method, lectur method, question and answer method and discussion method. Media used by the blackboard, texbooks and teachers themselves as a demonstrations tool. As for evaluation in learning Islamic religious education prison class IIA Curup is the assessment of tasks and tests given to children.

scholarly journals Modern vision for critical flow in an egg-shaped section

2021 ◽  
Author(s):  
Hachemi Rachedi Lamia ◽  
Lakehal Moussa ◽  
Achour Bachir
Keyword(s):  
Froude Number ◽  
Critical Regime ◽  
Critical Flow ◽  
New Approach ◽  
Smooth Channel ◽  
Critical Flow Regime ◽  
Modern Vision ◽  
The One ◽  
Definition Of ◽  
Steep Slopes

Abstract The critical regime plays a primordial role in the study of gradually varying flows by classifying flow regimes and slopes. Through this work, a new approach is proposed to analyze critical flow regime in an egg-shaped channel. Based on both the definition of Froude number and Achour and Bedjaoui general discharge relationship, a relation between critical and normal depths is derived and then graphically represented for the particular case of a smooth channel characterized by a generating diameter equal to one meter. The results show the influence of the slope on the frequency of occurrence of the critical regime. At the same time and independently of the flow rate, a very advantageous approach for the calculation of the Froude number has been proposed. The study shows that there are six zones to differentiate the various flow states, namely: on the one hand for steep slopes two subcritical zones interspersed by a supercritical zone and on the other hand for mild slopes a zone corresponding to uniform flow, an area where the flow is probably gradually varied and finally an area where the flow is abruptly varied. Based on the specific energy equation, a validation process concluded that the proposed relationships were reliable.

scholarly journals Scientia est potentia

2009 ◽  
pp. 43-60
Author(s):  
Ülo Kaevats
Keyword(s):  
Modern Science ◽  
New Approach ◽  
Natural Laws ◽  
Modern Times ◽  
Natural Objects ◽  
Deductive Method ◽  
New Type ◽  
The Subject ◽  
Understanding Of Science ◽  
Object Of Study

Oma algses mitmetähenduslikkuses on see F. Baconi aforism kõige tihendatum tõdemus, mis tõmbab olemusliku eraldusjoone ühelt poolt antiikse ja keskaegse ning teisalt uusaegse arusaama vahele teadusest ja teadusteadmisest. Artiklis püüab autor anda võimaluste piires tervikpildi uusaja teaduse industriaalselt (tehnoloogiliselt) orienteeritud teadmistüübi tekkimisest. Uusaja teaduse kujunemiseks vajaliku pöörde maailmavaateliste eeldustena tuleb käsitleda: (1) põhimõtteliselt uut subjekti ja objekti käsitust; (2) täiesti uut väärtusruumi, uut teaduse ideoloogiat (ilmalikkus, kriitiline vaim, tõesus ja praktiline kasulikkus); (3) tunnetuslaadi muutust — kontemplatsioonilt interventsioonile, kvaliteedi kirjeldamiselt kvantiteedi uurimisele; (4) looduse käsitlemist Kosmose asemel seaduspäraselt korrastatud objektide “väljana”. Uue tunnetusstiili — empiirilise ja teoreetilise tunnetuse kokkuviimine, hüpoteetilis-deduktiivse metodoloogia kujundamine Galilei poolt, abstraktse ja sünteetilis-tekstilise loomuga spekulatsiooni asendumine uurimisobjekti ehituse, korrapära ja põhjuslikkuse objektiivse analüüsiga, universaalsete loodusseaduste doktriini kujunemine jms—kujunemine konstitueeris uut tüüpi teadmise. Teadmise kui nähtava maailma piltkoopia asemele luuakse teadmine kui loodusobjektide seaduspära analüütiline rekonstruktsioon. See on vormiltmatemaatiline, päritolult eksperimentaalne ning loodusobjektide kontrollimisele ja ümbertegemisele suunatud nn valdamisteadmine.This F. Bacon's aphorism in its original ambiguity is the most condensed belief that draws a distinctive essential line between ancient and medieval understanding of science and scientific knowledge on one hand and modern understanding on the other. The author aims at providing, as far as possible, an integral overview of emerging of the industrially (technologically) orientated type of knowledge of modern times. Ideological/philosophical preconditions of the change necessary for emerging of modern science are: (1) a fundamentally new approach to the subject and object; (2) a completely new system of values, a new ideology of science (secularity, critical spirit, trueness and utilitarianism); (3) a change in manner of cognizance - from contemplation to intervention, from describing quality to studying quantity; (4) treating nature as a naturally organised "field" of objects instead of the Cosmos. Emerging of a new style of cognizance - bringing together of empirical and theoretical cognition, the devise of the hypothetical-deductive method by Galilei, replacement of speculations abstract and synthetic-textual in nature with objective study of the structure, regularity and causality of the object of study, establishment of the doctrine of universal natural laws etc - constituted a new type of knowledge. Knowledge as a copy of the visible world is replaced by knowledge as an analytical reconstruction of the regularity of natural objects. It is so-called dispositive knowledge, morphologically mathematical, originally experimental and aimed at control and alteration of natural objects.

scholarly journals Measuring hospital spatial wingspan by using a discrete choice model with utility-threshold

2018 ◽  
Author(s):  
Saley Issa ◽  
Ribatet Mathieu ◽  
Molinari Nicolas
Keyword(s):  
Monte Carlo ◽  
Discrete Choice ◽  
Choice Model ◽  
Discrete Choice Models ◽  
Mcmc Methods ◽  
Hospital Competition ◽  
Policy Makers ◽  
New Approach ◽  
Asthma Patients ◽  
The One

AbstractPolicy makers increasingly rely on hospital competition to incentivize patients to choose high-value care. Travel distance is one of the most important drivers of patients’ decision. The paper presents a method to numerically measure, for a given hospital, the distance beyond which no patient is expected to choose the hospital for treatment by using a new approach in discrete choice models. To illustrate, we compared 3 hospitals attractiveness related to this distance for asthma patients admissions in 2009 in Hérault (France), showing, as expected, CHU Montpellier is the one with the most important spatial wingspan. For estimation, Monte Carlo Markov Chain (MCMC) methods are used.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

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