Situation versus Case and Two Kinds of Legal Subsumption

2013 ◽  
Author(s):  
Vytautas Čyras ◽  
Friedrich Lachmayer
Keyword(s):  
Legal Theory ◽  
Theoretical Framework ◽  
Legal Informatics

This paper attempts to separate legal informatics methods which deal with situations and cases respectively. The aim is to base the distinctions on the legal theory and to develop a theoretical framework. A comparison is presented in the table which lists distinctions. We make an attempt to describe key elements of such a theory and to provide a notation (conceptualisation). Informational processes in legal informatics are in the focus. The notions of terminological subsumption and legal subsumption are attributed to cases and not to situations and are visualised «vertically». They make a distinction from cases that are visualised on the «horizontal» Is stage.

scholarly journals The absolute power of the sovereign, bureaucracy, democracy and constitutional government in the works of Slobodan Jovanovic

Balcanica ◽  
2014 ◽  
pp. 399-434
Author(s):  
Vojislav Stanovcic
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Institutional Development ◽  
Theoretical Framework ◽  
Modern State ◽  
Political Systems ◽  
Major Work ◽  
Absolute Power ◽  
The Rule Of Law ◽  
Constitutional Government

The papers discusses the views of Slobodan Jovanovic (1869-1958) on several phenomena of Serbia?s political and institutional development in the hundred years between the First Serbian Uprising in 1804 and the fall of the Obrenovic dynasty in 1903, and on different political systems, looking at the sources on which his thought drew upon, the ideas he was guided by and the theoretical framework of his legal and socio-political thinking. His major work, a legal theory of the state, as most of his other writings, was his own contribution to what he held to be a national mission, the building of a modern state based on the rule of law.

scholarly journals Visualization of Legal Informatics

2021 ◽  
Author(s):  
Friedrich Lachmayer ◽  
Vytautas Čyras
Keyword(s):  
Legal Theory ◽  
Customary Law ◽  
Legal Information ◽  
Positive Law ◽  
Meta Level ◽  
Current Topic ◽  
Legal Informatics ◽  
Legal Document ◽  
The Subject ◽  
The One

This paper explores the subject matter of legal informatics. The life-long work of the first author concerning the visualization and coding of statutes is generalized. Besides positive law and customary law, the emergence of machine law is a current topic of focus in the literature. In machine law, legal acts are posited by machines and not by humans (primarily in a situational context). The transformation of a legal act to a legal document can happen in two ways. First, it is a transformation of the legal act into explicit punctuation, for example, for announcement in the case of laws or for written execution in the case of judgments, and, second, as a trend towards electronic documents. Legal theory forms a meta-level to the law and similarly legal informatics forms a meta-level to legal information. Legal informatics in Austria is based on the work of Ota Weinberger, Ilmar Tammelo and Leo Reisinger and has been developed by Erich Schweighofer in the framework of the IRIS conferences. Legal informatics is distinguished from legal information, whereas legal logic and meta-theories appear on top of legal informatics. In terms of syntax, machine culture is characterized by formal notations. Notations of legal logic are just the beginning; the target is a technical notation, a basis for programming. Visualizations are in the middle. On the one hand, visualizations serve to understand people by breaking away from the textual; on the other hand, by emphasizing the formal they form a bridge to machines. Legal text can be translated directly into formal languages, but visualizations can facilitate this task as an intermediate methodological step. Hans-Georg Fill’s metamodeling can be seen as a metameta-level.

Sujeitos performativos do jurídico II: sobre narrativas de raça e gênero para uma releitura do povo como categoria de uma democracia radical

2018 ◽  
Vol 3 (1) ◽  
pp. 64-97
Author(s):  
Camilla De Magalhães Gomes
Keyword(s):  
Speech Act ◽  
Legal Theory ◽  
Theoretical Framework ◽  
General Purpose ◽  
The People ◽  
The Law

RESUMO:Guiado por um propósito geral de introduzir a corporeidade na teoria jurídica, este artigo serve como parte de uma investigação sobre as possibilidades de uma teoria do humano no Direito que seja expansiva. Para isso, utiliza-se das matrizes teóricas da performatividade e da decolonialidade. Essa leitura permite tanto reconhecer o Direito como violência, quanto nele encontrar possibilidades de uso de sua linguagem para construir sentidos expansivos. E é com isso em mente que um dos institutos que falam do humano no Direito é analisado: o povo. Quem é o povo? Quem é essa instituição definida no ato de promulgação da Constituição? E quem não é o povo – ou ao menos ainda não? Proponho, então, ler o povo como ato de fala performativo e, ao fazer essa leitura, permitir que as corporalidades antes produzidas como abjetas agora sejam nossa forma de reinscrever o sentido do humano no Direito. ABSTRACT:Guided by a general purpose of introducing corporeity into Legal Theory, this article serves as part of an investigation of the possibilities of a theory of the human in the Law that is expansive. For this, the theoretical framework of performativity and decoloniality are used. This reading allows both to recognize Law as violence, but also to find possibilities of using its language to build expansive senses. And it is with that in mind that one of the institutes that speak of the human in Law is analyzed: the people. Who are the people? Who is this institution defined in the act of the promulgation of the Constitution? And who is not the people – or at least not yet? I propose, therefore, to read the people as a performative speech act, and in doing this reading allow corporealities formerly produced as abject now be our way of reintroducing the meaning of the human in Law. 

scholarly journals theoretical framework for impact assessment of the labor code on enterprises

2021 ◽  
Vol 6 (1) ◽  
Author(s):  
Dao Mong Diep ◽  
Nguyen Dao Mai Khanh ◽  
Dao The Dong ◽  
Nguyen Van Nhung
Keyword(s):  
Impact Assessment ◽  
Legal Theory ◽  
Labor Law ◽  
Theoretical Framework ◽  
Current Period ◽  
The Impact ◽  
The Relationship ◽  
Current Stage

Labor law plays an important role in regulating the relationship between employees and employers. The Labor Code has made more effective adjustments to enterprises to ensure the interests of employers. However, some regulations still do not meet the requirements set out at the current stage. The article researches the theoretical framework to assess the impact of the Labor Code on enterprises to reflect between the legal theory and the actual law implementation. On that basis, the article will propose solutions to improve the provisions of the Labor Code for enterprises to establish a solid legal corridor to ensure the development of enterprises in the current period.

Mind wandering as data augmentation: How mental travel supports abstraction

2020 ◽  
Vol 43 ◽  
Author(s):  
Myrthe Faber
Keyword(s):  
Machine Learning ◽  
Data Augmentation ◽  
Mental Content ◽  
Mind Wandering ◽  
Theoretical Framework ◽  
Important Addition

Abstract Gilead et al. state that abstraction supports mental travel, and that mental travel critically relies on abstraction. I propose an important addition to this theoretical framework, namely that mental travel might also support abstraction. Specifically, I argue that spontaneous mental travel (mind wandering), much like data augmentation in machine learning, provides variability in mental content and context necessary for abstraction.

Adaptive and Maladaptive Neural Plasticity Due to Facial Nerve Palsy

2016 ◽  
Vol 224 (2) ◽  
pp. 102-111 ◽  
Author(s):  
Carsten M. Klingner ◽  
Stefan Brodoehl ◽  
Gerd F. Volk ◽  
Orlando Guntinas-Lichius ◽  
Otto W. Witte
Keyword(s):  
Facial Nerve ◽  
Neural Plasticity ◽  
Cortical Plasticity ◽  
Brain Plasticity ◽  
Motor Nerve ◽  
Predictive Coding ◽  
Theoretical Framework ◽  
Cortical Reorganization ◽  
Nerve Lesion ◽  
Peripheral Facial Palsy

Abstract. This paper reviews adaptive and maladaptive mechanisms of cortical plasticity in patients suffering from peripheral facial palsy. As the peripheral facial nerve is a pure motor nerve, a facial nerve lesion is causing an exclusive deefferentation without deafferentation. We focus on the question of how the investigation of pure deefferentation adds to our current understanding of brain plasticity which derives from studies on learning and studies on brain lesions. The importance of efference and afference as drivers for cortical plasticity is discussed in addition to the crossmodal influence of different competitive sensory inputs. We make the attempt to integrate the experimental findings of the effects of pure deefferentation within the theoretical framework of cortical responses and predictive coding. We show that the available experimental data can be explained within this theoretical framework which also clarifies the necessity for maladaptive plasticity. Finally, we propose rehabilitation approaches for directing cortical reorganization in the appropriate direction and highlight some challenging questions that are yet unexplored in the field.

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