Preserving the ‘Essence’ of Fundamental Rights under Article 52(1) of the Charter: A Sisyphean Task?

Essence of fundamental rights – Article 52(1) of the Charter – Court of Justice of the EU – Methodology for determination of interference with essence – EU values – Proportionality – Balancing – Absolute and relative theory – Absolute rights – Interest theory of rights – Choice theory of rights – Hohfeld’s theory of rights – ‘Newtonian’ conception of rights – Case law on Article 52(1) of the Charter.

Agent-Relative Prerogatives and Suboptimal Beneficence

The first part of Chapter 11 uses considerations of sequential choice to argue that suboptimal beneficence is impermissible. The second part shows how the prohibition on suboptimal beneficence follows from an agent-relative theory that understands permissible actions in terms of a dominance principle defined over both the agent-relative and the agent-neutral ordering. This theory incorporates agent-relative prerogatives that ensure that agents are not required to do what is impartially best, yet rules out suboptimal beneficence. The third part shows that the prohibition on suboptimal beneficence is in tension with dynamic consistency, since it leads to violations of expansion consistency condition BETA. If an agent makes use of myopic choice principles (which are purely forward-looking) or sophisticated choice principles (that make use of backwards induction), then there can be cases in which he can, by means of a sequence of permissible choices, bring about an outcome that is deemed to be impermissible from the outset. This problem is addressed by developing global choice principles that ensure dynamic consistency.

The Essence of Intellectual Property Rights Under Article 17(2) of the EU Charter

Smoking kills. It is also very costly, which is why many governments try to change the habits of their citizens, including by changing the packaging of the products they buy. Of course, tobacco firms are pushing against such laws. They see their rights, in particular, rights to intellectual property, violated. They argue that such legislative changes take away the essence of their hard-earned IP rights and should not be permissible. They point out that the CJEU is allegedly redefining the “essence” of fundamental rights and its function in the system of limitations and developing a set of core inviolable rights.How justified are these arguments? The absolute theory of essence says that the essence of rights cannot be interfered with or taken away, including by the legislator. The relative theory of essence, on the other hand, claims that interference with essence is just a more serious interference which is still subject to the typical proportionality analysis. Therefore, the adoption of either of these two theories has profound consequences. What might constitute the essence of intellectual property rights? When are legislators touching upon it? Is the CJEU really advancing a notion of essence that can prevent legislative changes, or at least make them very difficult? The answer to all these questions depends on our understanding of what constitutes the “essence” of intellectual property rights, and what consequences this notion has under Article 17(2) of the EU Charter of Fundamental Rights.

KEBIJAKAN PEMBERATAN PEMIDANAAN PADA PELAKU KEKERASAN SEKSUAL TERHADAP ANAK DALAM PERSPEKTIF TUJUAN PEMIDANAAN

The existence of Law No. 23 of 2002 on Child Protection is part of the state's commitment to protect children. The Law has been amended for the second time through Perpu No. 1 of 2016. The emphasis in this second amendment is to aggravate the punishment of offender of sexual violence against children to provide a deterrent effect and prevent comprehensively the occurrence of sexual violence against children. This study used primary and secondary legal materials, with normative-juridical, policy, and philosophical approaches. This study concluded that punishment regulatin policy in Perpu No. 1 of 2016 reflects the purpose of punishment in the form of a combined theory that compromises between relative theory and retributive theory. While the policy of chemical chemistry regulation as a treatment reflects the purpose of punishment as rehabilitation.

A Relative Theory for Leibniz n-Algebras

In this paper we show that for an n-Filippov algebra 𝔤, the tensor power 𝔤⊗n-1 is endowed with a structure of anti-symmetric co-representation over the Leibniz algebra 𝔤∧n-1. This co-representation is used to define some relative theories for Leibniz n-algebras with n > 2 and obtain exact sequences relating them. As a result, we construct a spectral sequence for the Leibniz homology of Filippov algebras.

QUASI-EVIDENTIALISM: INTERESTS, JUSTIFICATION AND EPISTEMIC VIRTUE

In this paper I argue against what I call ‘strict evidentialism’, the view that evidence is the sole factor for determining the normative status of beliefs. I argue that strict evidentialism fails to capture the uniquely subjective standpoint of believers and as a result it fails to provide us with the tools necessary to apply its own epistemic norms. In its place I develop an interest-relative theory of justification which I call quasi-evidentialism, according to which S has a justified belief that P at time t if and only if S's evidence at time t supports P in proportion to S's interest in P. I take interests as fixed and argue that adjusting our confidence in a proposition in the right way, given our interests, is fine-tuned through the exercise of intellectual virtue, in particular the virtue of epistemic conscientiousness. This theory refocuses epistemic responsibility in the subject and by locating agency in the cultivation of epistemic virtue it also provides a handy solution to the problem of doxastic voluntarism, insofar as the development of our epistemic virtue guides our responsiveness to reason.

Allocation of Agricultural Information Resources Based on the Demand of Farmers

As information is an important factor of modern society, researches on agricultural information resources have a great meaning to improve the development of modern agricultural. With the purposes to improve the effective utilization of agricultural information resources ,the paper take farmers in Jiangxi Province of China as an example to explore the way how to allocate agriculture information resources based on demand of farmers. The paper reviewed on the relative theory of information allocation, and analyzed the demand characteristics of farmers on agricultural information resources. Finally, the paper provides suitable advice on the allocation of agricultural information resources based on the analysis above.

The Application of Cable's Arrangement and Stability on Prestressed Cable-Beam Structure

The paper analyzes the basic theory of prestressed concrete cable-beam structure in single span and single direction.The paper arranges reasonably the shape of cable,deduces the equation of cable. It introduces the reseach status and the importance of stability and demonstrates the basic relative theory on stability in concretely research and applies this theory on prestressed concrete cable-beam structure. It has significant prospect and is easy to put into practice .

Interests, Disagreement and Epistemic Risk

In this paper, I develop an interest-relative theory of justification in order to answer the question, “How can I maintain that P when someone whom I consider to be my epistemic peer maintains that not-P?” The answer to this question cannot be determined by looking at evidence alone, I argue, since justification cannot be determined by looking at evidence alone. Rather, in order to determine whether a subject S is justified in believing that P at time t, we need to assess her evidence in favour of P in proportion to her interest in P.