Right to Life and Capital Punishment in Transnational Judicial Dialogue

In this article, I bring the constitutional jurisprudence of major East Asian courts into reconstructive dialogue with that of the United States, South Africa, and several former Soviet-bloc countries, on per se review of capital punishment. This fills in a gap in the literature, which has failed to reflect new developments in Asia. Besides analysing various review approaches, I extrapolate recurrent analytical issues and reconstruct dialogues among these court decisions. Moreover, I place the analysis in historical perspective by periodising the jurisprudential trajectory of the right to life. The contextualised reconstructive dialogues offer multilayered understanding of my central analytical argument: for any court that may conduct per se review of capital punishment in the future, the highly influential South African Makwanyane case does not settle the lesson. The transnational debate has been kept open by the Korean Constitutional Court's decisions, as well as retrospectively by the US cases of Furman and Gregg. This argument has two major points. First, the crucial part of the reasoning in Makwanyane, namely that capital punishment cannot be proven to pass the necessity test under the proportionality review, is analytically inconclusive. The Korean Constitutional Court's decision offers a direct contrast to this point. Second, the exercise of proportionality review of the Makwanyane Court does not attest to the neutrality and objectivity of proportionality review. Rather, what is really dispositive of the outcome are certain value choices inhering in per se review of capital punishment.

Nikolai Berdyaev about Lenin as a politician: between pragmatism, amoralism and fanatism

In the article, with references to various researches and politicians, is indicated, on the one hand, contradictory attitude to Lenin's personality and practice, presented in scientific and political-ideological discourse, on the other – enormous role of the communist leader with regard to the transformation of political image of the world of XX century. In addition, the concept of Leninism still keeps its influence on political processes in the post-Soviet space.In the text, using Berdyaev’s analytical argument presented in his different works, is studied set of Lenin’s personal and political skills and features which enabled him to get political victory: a) energetically strong motive of power inherent to him and fanatism; b) usage of any means to achieve revolution goals; c) reproduction of traditional for Russia model of government; d) transformation of communist doctrine into a kind of religious (totalitarian) study; e) vast usage of coercion and violence while neglecting value and freedoms of individual; f) reflection in politics historical and cultural standards which dominated in the country, what stipulated Lenin’s image compliance with the parameters of a “typically Russian man”; g) creative attitude towards Marxism ideology, which made it possible to formulate doctrine on the possibility of a socialist revolution in one country; h) institutional basis development of party building in Russia; i) creative combination of revolutionary (destroyer) and statesman features; j) political despotism and others. Berdyaev indicates on unresolved tasks of socialist construction in Soviet Russia, as after the revolution a new privileged elite appeared in the country, far from the interests of the people, and the phenomenon of social exclusion was not overcome. Defined political technologies developed by Lenin, which can be used in modern politics

Understanding parameter differences between analyses employing nested data subsets

ABSTRACT We provide an analytical argument for understanding the likely nature of parameter shifts between those coming from an analysis of a data set and from a subset of that data set, assuming differences are down to noise and any intrinsic variance alone. This gives us a measure against which we can interpret changes seen in parameters and make judgements about the coherency of the data and the suitability of a model in describing those data.

Capture of satellites during planetary encounters

Context. Single-binary scattering may lead to an exchange where the single object captures a component of the binary, forming a new binary. This has been well studied in encounters between a star–planet pair and a single star. Aims. Here we explore the application of the exchange mechanism to a planet–satellite pair and another planet in the gravitational potential of a central star. As a case study, we focus on encounters between a satellite-bearing object and Neptune. We investigate whether Neptune can capture satellites from that object and if the captured satellites have orbits analogous to the Neptunian moons Triton and Nereid. Methods. Using N-body simulations, we study the capture probability at different encounter distances. Post-capture, we use a simple analytical argument to estimate how the captured orbits evolve under collisional and tidal effects. Results. We find that the average capture probability reaches ~10% if Neptune penetrates the donor planet’s satellite system. Most moons grabbed by Neptune acquire highly eccentric orbits. Post-capture, around half of those captured, especially those on tight orbits, can be circularised, either by tides only or by collisions+tides, turning into Triton-like objects. Captures further out, on the other hand, stay on wide and eccentric orbits like that of Nereid. Both moon types can be captured in the same encounter and they have wide distributions in orbital inclination. Therefore, Triton naturally has a ~50% chance of being retrograde. Conclusions. A similar process potentially applies to an exoplanetary system, and our model predicts that exomoons can jump from one planet to another during planetary scattering. Specifically, there should be two distinct populations of captured moons: one on close-in circular orbits and the other on far-out eccentric orbits. The two populations may have highly inclined prograde or retrograde orbits.

Second-Order Arguments, or Do We Still Need Tolerance in the Public Sphere?

A number of widely discussed court decisions on cases of insults against religious feelings in Russia, such as the relatively recent “Pokemon Go” case of blogger Ruslan Sokolovsky or the lawsuit filed against an Orthodox priest by Nikolai Ryabchevsky in Yekaterinburg for comparing Lenin with Hitler, make pertinent the question of why toleration becomes so difficult in matters concerning religion. In this paper, I revise the classical liberal concept of toleration (David Heyd, Peter Nicholson, and John Horton), arguing that it is challenged by contemporary philosophers, who see no room for applying this concept in the “domain of identities”. The most prominent case of “primordial” identity, that is, the notion of identity as a given, is the claim of devoted believers for recognition. Should we replace the principle of toleration by the principle of recognition since the latter better corresponds to identity claims? To address this question, in the first part of the article I describe the mechanism of tolerant attitude (Nicholson, Heyd) and in the second part, I analyze the debates about the possibility or impossibility of inner religious toleration (Avishai Margalit, Cary Nederman, and Maxim Khomyakov) and further compare toleration and recognition as normative principles. In the light of the debates I took part in the conference hosted by the University of Southern Denmark in October 2019 as part of the project “Religious Majority/Minority in Public Space in Russia and Northern Europe: Historical-Cultural Analysis”, I come to the conclusion that the principle of toleration is preferable to the principle of recognition because the “second-order” arguments for toleration in a secular state will be universally acceptable (pragmatic argument) and, therefore, the principle of toleration is more logical (analytical argument). Following Peter John’s thesis about minimal recognition embedded in toleration, it may also be concluded that we need a normatively charged idea of citizenship, which could provide us with universal “second-order” foundation.

Controlling Terrorism Through the Nudging of Social Interactions

The article explains how ‘nudge theory’ can be applied to alleviate the incidence of terrorism. Nudges, which bring about a change in the environment in which individual choice is exercised, do not just modify the behaviour of individuals in a society but thereby influence the social environment which impacts both the human brain and behaviour. Thus, a nudge when appropriately administered to a large number of individuals can potentially bring about social evolution. This article seeks to reap dividends from this analytical argument by setting up an axiomatic system which captures present-day individual and social behaviour and then elaborates on the resultant social dynamics, which lead to growth of terrorism inducing intercommunity hatred. As humans can evolve, any axioms about human and social behaviour are not timeless. The article therefore suggests nudges for utilizing the bidirectional causality between the human brain and social environment to render one or more axioms toothless and diminish the societal propensity for terrorism. The recommended nudges include those that promote formation of mixed neighbourhoods by discreetly inducing more frequent interactions of a positive nature between members of hitherto hostile socio-economic groups; cultural exchange on neutral ground; and corporate social responsibility fostering the wellbeing of poor communities. JEL Classification: B55, D74, D87

Origin of the galaxy H i size–mass relation

ABSTRACT We analytically derive the observed size–mass relation of galaxies’ atomic hydrogen (H i), including limits on its scatter, based on simple assumptions about the structure of H i discs. We trial three generic profiles for H i surface density as a function of radius. First, we assert that H i surface densities saturate at a variable threshold, and otherwise fall off exponentially with radius or, secondly, radius squared. Our third model assumes the total gas surface density is exponential, with the H i fraction at each radius depending on local pressure. These are tested against a compilation of 110 galaxies from the THINGS, LITTLE THINGS, LVHIS, and Bluedisk surveys, whose H i surface density profiles are well resolved. All models fit the observations well and predict consistent size–mass relations. Using an analytical argument, we explain why processes that cause gas disc truncation – such as ram-pressure stripping – scarcely affect the H i size–mass relation. This is tested with the IllustrisTNG(100) cosmological, hydrodynamic simulation and the Dark Sage semi-analytic model of galaxy formation, both of which capture radially resolved disc structure. For galaxies with $m_* \ge 10^9\, {\rm M}_{\odot }$ and $m_{\rm H\, {\small {I}}} \ge 10^8\, {\rm M}_{\odot }$, both simulations predict H i size–mass relations that align with observations, show no difference between central and satellite galaxies, and show only a minor, second-order dependence on host halo mass for satellites. Ultimately, the universally tight H i size–mass relation is mathematically inevitable and robust. Only by completely disrupting the structure of H i discs, e.g. through overly powerful feedback, could a simulation predict the relation poorly.

Some Problems With the Analytical Argument in Support of RP67 in the Context of the Bookmark Standard Setting Method

The choice of response probability in the bookmark method has been shown to affect outcomes in important ways. These findings have implications for the validity of the bookmark method because panelists’ inability to internally adjust when given different response probabilities suggests that they are not performing the intended judgment task. In response to the concerns these findings raise, proponents of the bookmark method argue that such concerns can be addressed by using a response probability of .67. A crucial part of their argument includes the often-repeated claim that the .67 value corresponds with the maximum information for a correct response, which is believed to be beneficial in some way. In this article, it is shown that this claim is mistaken; that the formula upon which the .67 result is based is incorrect; that (for the relevant measurement model) there is no difference between the information for a correct response, for an incorrect response, or for the item overall; and, more generally, that the “maximize information” approach is based on the wrong likelihood function altogether.

L’IDEA DI EQUITÀ NELLE TEORIE DELLA GIUSTIZIA

The author examines the role that the idea of fairness plays in theories of social justice. Referring to the fundamental theoretical contribution of John Rawls, he focuses on the connections between the two principles of justice as fairness and offers an interpretation that combines an intuitive argument in favor of the principles with an analytical argument and the theory of collective choice. In conclusion, he cites cases of the extension of the concept of justice as fairness, stressing in particular the importance of and difficulty in establishing a coherent idea of global justice.

English Language Learner education finance scholarship: An introduction to the special issue

In this article, I introduce the special issue on education finance and English Language Learners, with the purpose to disseminate timely and relevant education finance scholarship with a particular focus on English Language Learners (ELLs).Here, I provide an analytical argument for why this topic is of great importance for our educational system and policy, yet it remains especially understudied. Next, I provide a brief overview of the previous ELL school finance literature. Then I outline the four scholarly papers included within this special issue, noting each paper’s contributions to our knowledge base and implications for policy. I conclude by pointing to further scholarship based on articles in this special issue.