Fullerowski paradygmat (nie)dobrego prawa i jego aktualność „hic et nunc”

The subject of the article is Fuller’s concept of the (not) good law paradigm defined by three notions: “internal morality of law,” “natural law of a formal nature,” and “formal rule of law” — in the perspective of its application in the current legal order of the Republic of Poland. The discourse was conducted in two stages: on a general, theoretical, and axiological levels as well as on a detailed, practical, and praxeological ones. The epistemological level with its retrospective view bears resemblance of two models: bad law and good law. The first, encapsulated in literary legal fiction, describes eight cases (anti-values) of King Rex’s legislative failures. King Rex is monarch with authoritarian and conservative traits who excludes the system of government based on the proportional cohabitation of three powers — legislative, executive, and judicative — in favour of anocracy, which is a hybrid regime “suspended” between democracy and authoritarianism. The second is a remedy in the form of axiological contours, postulates (values) of good law: generality, promulgation, prospectivity, clarity, non-contradiction, reality, stability, and compliance. These principles of the formal rule of law, contained in the concept of “soft” jusnaturalism, are a specific professional and ethical code for the public authority which constitutes, executes, and applies the law. The practical-cognitive level refers to subjectively selected examples of abusing the good lawstandard in the Polish legal and administrative order. It shows the omnipotent and simultaneously dysfunctional executive power in the area of governance and administration, aimed at a radical reconstruction of the social and legal system.

Research on Unsafe Behavior of Construction Workers Under the Bidirectional Effect of Formal Rule Awareness and Conformity Mentality

At present, China’s engineering safety management has developed to a certain level, but the number of casualties caused by construction accidents is still increasing in recent years, and the safety problems in the construction industry are still worrying. For purpose of effectively reducing construction workers’ unsafe behavior and improve the efficiency of construction safety management, based on multi-agent modeling, this paper analyzes the influencing factors during construction workers’ cognitive process from the perspective of safety cognition, constructs the interaction and cognition of the agent under the bidirectional effect of formal rule awareness and conformity mentality model, and set behavior rules and parameters through the Net Logo platform for simulation. The results show that: Unsafe behavior of construction workers is related to the failure of cognitive process, and the role of workers’ psychology and consciousness will affect the cognitive process; The higher the level of conformity intention of construction workers, the easier it is to increase the unsafe behavior of the group; Formal rule awareness can play a greater role only when the management standard is at a high level, and can correct the workers’ safety cognition and effectively correct the workers’ unsafe behavior; Under certain construction site environmental risks, the interaction between formal rule awareness and conformity mentality in an appropriate range is conducive to the realization of construction project life cycle management. This study has certain theoretical and practical significance for in-depth understanding of safety cognition and reducing unsafe behavior of construction team.

Research on Data Currency Rule and Quality Evaluation

Data currency is a temporal reference of data, it reflects the degree to which the data is current with the worldit models. Currency rule is a formal rule extracted from the data set and reflecting the currency order of thedata tuples, it can be used for both data repairing and currency quality evaluation. Based on the research of datacurrency repairing, the basic form of currency rule is extended, and parallel rule extraction and update algorithmsare proposed to meet the requirement of running on dynamic data sets. Besides, four data currency qualityevaluation models are proposed and verified by experiments. The performance test show that the efficiencyof parallel algorithms is significantly improved, the rules compliance mean(CM2) model based on extendedcurrency rule has the highest average precision. The extended currency rules not only improve the efficiencyand adaptability, but also provide more valuable features for data quality evaluation.

PERGESERAN LEGITIMASI BALIAN DALAM LOCAL INDIGENOUS GOVERNANCE DI DESA HINAS KANAN

Balian used to be a Customary Institution that organizes all life of the village community in the Meratus Mountains, including managing the village by upholding the local wisdom. Since the New Order, the paradigm of “the state-enters-the village” governs villages through its set of legislation in the governmentality scheme. Behind the shield of will to improve (KAT empowerment) as a media of discursive power (Li, 2007), the government reshape all social order and local indigenous social governance to “obey” to one formal rule. Unconsciously or intentionally, that governmentality has triggered a shift in local indigenous governance from the basis of local wisdom to the basis of modern governance, with the risk of a shift in the legitimacy of Balian’s power vis-à-vis its community. This study is built on Foucault’ theory of governmentality (1982) and Li’s will to improve (2007). The research method used in this study was a qualitative descriptive method by collecting data, in-depth interviews, and participatory observation. The shift led the role and function of the Balian to be no longer the sole holder of local governance with a local wisdom approach. In the current local governance, it is held by the Village Government, the Sub-District Customary and Balian’s Heads. The shifts that also occurred in the community included the shifting of traditional culture in selling rice which was once considered a taboo to be a commonplace thing and the tendency of the community to resolve conflicts with government institutions rather than the customary or Balian’s Heads.

Argumentacja filozoficznoprawna w wystąpieniach posłów na posiedzeniach Sejmu Rzeczypospolitej Polskiej VIII kadencji

The article approximates and critically assesses the philosophical and legal argumentation of deputies contained in their speeches at the sittings of the Sejm of the Republic of Poland of the 8th term (2015–2019). It discusses cases where parliamentarians, among other things, referred to the assumptions of particular philosophical-legal schools; commented on the essence, fea- tures, goals and values of law; argued about the optimal degree of positivisation of moral norms; quoted philosophers. The study revealed the in uence of the party a liation of MPs on their philosophical and legal argumentation. Deputies of the Law and Justice Party more often than others referred in their speeches to the axiology of law and natural law, emphasized the importance of justice and equity in the process of enacting and applying the law, and under- lined the role of social legitimacy of normative acts and court rulings. On the other hand, MPs belonging to the parliamentary opposition — especially the Civic Platform and the Modern Party members — highlighted the formal rule of law, opposed bills perceived as moralistic and confessional, and sought in justice and equity as the criteria for judgements the sources of excessive judicial discretion that threatened legal certainty and security. In the author’s view, the broadly understood philosophy of law has a utilitarian value for the parliamentary debate. It is desirable, however, that MPs’ remarks of a philosophical and legal nature should be part of factual argumentation, and not reduced to super cial rhetoric or linguistic ornamentation.

Gender agreement hierarchy in common gender and epicene nouns in Spanish

Gender is a grammatical category defined as an abstract morphosyntactic feature of nouns reflected in characteristics of associated words (i.e. agreement) (Hockett, 1958; Corbett, 1991). Agreement is, in fact, easily established in “transparent” nouns which follow either semantic or formal rule of gender agreement. However, when we deal with ambiguous nouns regarding their gender, agreement is not straightforward. In this article we aim to pursue two main goals. Firstly, to review and briefly describe grammatical gender system in Spanish (§1) with a special focus on so called “ambiguous” or “problematic” nouns (§2). Secondly, to review agreement hierarchy theories and explore if they are applicable for Spanish epicenes and common gender nouns (§3). Discussion and conclusion remarks are presented in (§4).

Analysis of school damage due to Lombok earthquake on August 2018

The Lombok earthquakes on 5 and 19 August, 2018 have caused fatality and damage buildings including houses and schools. It was reported that the Lombok earthquake had caused damage to at least 606 schools in West Nusa Tenggara. Following the earthquake, the field survey was carried out in a few days to collecting data of damaged schools in Lombok. The global positions of surveyed schools were recorded during the survey to identify the geological and seismicity condition surrounding area. The data were analyzed to understand the cause of the damaged. The damage pattern of the schools is also analyzed and then compared to the other related studies. The damage on the schools in Lombok Island generally has a result of insufficient quality of the building materials. Further, understanding the earthquake resistant building for earthquake prone areas is the most basic knowledge to be informed to the Local Government who has authority to manage the schools. This study suggests for establish Local formal rule of related to minimal requirement for earthquake resistant school building following the microzonation.