The Concept of “Judicial Doctrine” in Russian Jurisprudence (General Notes)

The paper aims to address the totality of individual terms based on the generic concept of “doctrine”: “legal doctrine”, “scientific doctrine”, “judicial doctrine” the way they are interpreted in modern Russian legal science. Substantially and conceptually, the work anticipates an approach to another subject that is an integral part of the Russian judicial doctrine and the process of its formation, namely the application of the principles and norms of international law in the administration of justice. The paper focuses on some ambiguous interpretations of the understanding of the phenomena that are combined with each other due to the interweaving of the above concepts found in modern domestic and foreign literature, sometimes mixing their external and internal sides, proposed corresponding original solutions or paradoxical qualifications. Two extremes are emphasized in the course of revealing the essence of the analyzed concepts: either an almost arbitrary — mechanical — connection of all the elements present in one case or another into a kind of artificial “complex”, or a declination in favor of only one component as a central (or supporting) component while ignoring the others. Analyzing the legal doctrine as a concept the author differentiates between a category of science and judicial doctrine, and assumes that it is worth avoiding hyperbolization of differentiation between them. On the other hand, it would be fruitless to draw direct lines of their influence on each other. At the same time, when using the term “judicial doctrine”, it is impossible to abstract from the concept of “doctrine” in the general scientific sense. Their mutual intersection with each other, “penetration” into each other are objective. Formulating the conclusions on the problems of the concepts of legal, scientific and judicial doctrine, the author advocates greater caution in making proposals and, at the same time, greater criticism in assessing the already existing conclusions of legal theorists and practitioners.

REVISITING THE HEDYOTIS–OLDENLANDIA COMPLEX IN INDIA, WITH A NOTE ON SCLEROMITRION

In recent years, new generic circumscriptions have been proposed in the Hedyotis–Oldenlandia complex. A comprehensive revision of Indian Hedyotis sensu lato, published in 2004, was based on a broad generic concept for the genus and does not uphold new generic delimitations. Therefore, the present article has been prepared to apply modern generic concepts to the Indian taxa. In India, 102 taxa are currently recorded under the Hedyotis–Oldenlandia complex, belonging to 12 genera (i.e. Debia, Dentella, Dimetia, Edrastima, Exallage, Hedyotis, Involucrella, Kohautia, Leptopetalum, Neanotis, Oldenlandia and Scleromitrion). The characters of these genera have been reviewed and their species enumerated, and consequently, seven new combinations are proposed. Scleromitrion in India is discussed in relation to its phenotypic variation, and a key to the six recognised species is presented.

Shameful Technological Impertinence: Consumer Ambivalence among iPad Early-Buyers

This article is motivated by the excessive success of Apple’s iPad, introduced in 2010, questioning the motives for acquiring the product at the time of launch. The purpose is to understand the decision to buy an expensive product that had a fairly undefined use. On the basis of in-depth interviews of ‘early-buyers’ (‘early adopters’) of the iPad, we examine, in this article, justifications for the acquisition of such an ‘open technology’ use. Using theories of consumer society (Veblen, Bauman, Debord), Protestant ethics (Weber), impression management (Goffman, Leary) and group identity (Maffesoli), we develop, in the analysis, the concept of shameful technological impertinence concerning the ambiguity between frugality as value and consumer-based identity related to the latest technology. A reflection on this concept contributes to an understanding of how excessive technology consumption, on the one hand is followed by an unashamed desire to show off new ‘gadgets’ and on the other hand, a more shameful self-presentation defending the purchase. Today, just over ten years after the launch of the iPad and our interviews, the iPad is taken for granted as a central platform for a number of applications, for everything from personal entertainment to work- and school-related use. In light of this, we conclude with a reflection on how shameful technological impertinence as a more generic concept will be relevant in some phases rather than others, as new innovations are brought into use. The project is limited to the first iPad and its users, and further research could investigate a larger array of consumer electronics and how attitudes towards buying could be increasingly influenced by a growing concern about the abuse of natural resources.

Constitution transformation

This article explores the extent to which (if at all) the concept of a constitution is undergoing change in the conditions of globalization that characterize the early decades of the twenty-first century, to an extent that might be described as transformation. The question is prompted both by familiar manifestations of the interdependence of domestic constitutional and international law and practice, and by the interpretation placed on them by some of the literature on global constitutionalism. Some – although by no means all – of the literature and the experience on which it draws relate to the extent of transnational influence on the way in which constitutions now are made or changed: constitution transformation in the narrow, or more particular, sense. The article seeks to answer this question with reference to global constitutional experience, including – critically – experience in Asia, as one of the largest and most diverse regions of the world, too often omitted from studies of this kind. To this end, the article considers whether the concept of a constitution can be regarded as having been globally shared in any event; examines the phenomena associated with globalization that might suggest a paradigm change; and considers the arguments that mitigate against change, at least on a global scale. In exploring these factors, it necessarily considers the extent to which states in different regions of the world diverge in their experiences of the internationalization of constitutional law. The article concludes that, on balance, it is not plausible to argue that the generic concept of a constitution has changed, with global effect. It does, however, acknowledge that current conditions of globalization present a series of challenges for national constitutions. Responding to them might itself be regarded as an exercise in global constitutionalism.

Systematics studies in Pliniinae (Myrtaceae) necessitate two new combinations in Eugenia (Myrtaceae)

Although Eugenia and Plinia genera belong to different subtribes in Myrteae (Myrtaceae), shared morphological features have led to frequent mistaken identity to these species. Molecular phylogeny and morphological studies in Plinia show that Plinia martinellii and Plinia sebastianopolitana should be combined within the generic concept of Eugenia. In addition, two synonymizations under Plinia sebastianopolitana and one under Plinia martinellii are proposed. Commentary on these nnomenclatural adjustments, as well as on morphological and geographical data related to the evolution of these lineages is also provided.

AI and the resurrection of Technological Determinism

This paper elaborates on the connection between the AI regulation fever and the generic concept of Social Control of Technology. According to this analysis, the amplitude of the regulatory efforts may reflect the lock-in potential of the technology in question. Technological lock-in refers to the ability of a limited set of actors to force subsequent generations onto a certain technological trajectory, hence evoking a new interpretation of Technological Determinism. The nature of digital machines amplifies their lock-in potential as the multiplication and reuse of such technology is typically almost cost-free. I sketch out how AI takes this to a new level because it can be software and an autonomous agent simultaneously.

Review of Insulestremia Jaschhof, 2004 (Diptera; Cecidomyiidae; Lestremiinae) with description of two new species from Brazil

This study presents the first records of the subfamily Lestremiinae and the genus Insulestremia Jaschhof in Brazil. Insulestremia, a previously monotypic genus described from the Galapagos Islands, has three species in Brazil: I. sinclairi Jaschhof, I. amorimi sp. nov. and I. amenti sp. nov. The new species are described, the generic concept is reviewed, and a key to the species of Insulestremia is provided.

Review of Odontoscelio Kieffer, 1905 (Platygastroidea, Scelionidae) with the description of two new species from India

All species of Odontoscelio Kieffer, 1905 are imaged, with keys provided to all known males and females in this genus. Two new species, O. agnieleae sp. nov. and O. spinosus sp. nov., are described from India. The generic concept of the genus Odontoscelio is discussed. The presence of axillular spines differentiates this genus from other teleasines such as Dvivarnus Rajmohana & Veenakumari, 2011, Gryonoides Dodd, 1920 and the Trimorus carus (Nixon, 1936) species group, which possess lateral mesoscutellar spines.

A new species of Osteospermum subgen. Tripteris (Asteraceae: Calenduleae) from the Namib Desert, Namibia

Osteospermum namibense, here described as a new species, is known only from the northern part of the Namib Desert in the Kaokoveld Centre of Endemism, northwestern Namibia. Within a broad generic concept for Osteospermum (tribe Calenduleae), the new species is a member of subgen. Tripteris. These dwarf shrubs grow on rocky outcrops under harsh desert conditions. Diagnostic characters for Osteospermum namibense include the perennial, woody habit, di- or trichotomous branching, succulent leaves arranged in rosettes, and capitula with 12–14 rays. A comparison of some of the more prominent morphological features to differentiate between O. namibense and its possible nearest relative, O. microcarpum (=Tripteris microcarpa), is provided. Based on IUCN Red List categories and criteria, a conservation assessment of Vulnerable (VU D1) is recommended for the new species.