Shared authority: courts and legislatures in legal theory

This book advances a fresh philosophical account of the relationship between the legislature and courts, opposing the common conception of law, in which it is legislatures that primarily create the law, and courts that primarily apply it. This conception has eclectic affinities with legal positivism, and although it may have been a helpful intellectual tool in the past, it now increasingly generates more problems than it solves. For this reason, the author argues, legal philosophers are better off abandoning it. At the same time they are asked to dismantle the philosophical and doctrinal infrastructure that has been based on it and which has been hitherto largely unquestioned. In its place the book offers an alternative framework for understanding the role of courts and the legislature; a framework which is distinctly anti-positivist and which builds on Ronald Dworkin’s interpretive theory of law. But, contrary to Dworkin, it insists that legal duty is sensitive to the position one occupies in the project of governing; legal interpretation is not the solitary task of one super-judge, but a collaborative task structured by principles of institutional morality such as separation of powers which impose a moral duty on participants to respect each other's contributions. Moreover this collaborative task will often involve citizens taking an active role in their interaction with the law.

A revenge problem without the concept of truth

The vast majority of putative solutions to the liar paradox face the infamous revenge problem. In recent work, however, Kevin Scharp has extensively developed an exciting and highly novel ‘inconsistency approach’ to the paradox that, he claims, does not face revenge. If Scharp is right, then this represents a significant step forward in our attempts to solve the liar paradox. However, in this paper, I raise a revenge problem that faces Scharp’s inconsistency approach.

Knowledge transfer of the Western concept of ‘quality’

This paper addresses one of the issues in contemporary globalisation theory: the extent to which there is ‘one best way’ in which business can be done and organisations managed. It uses Czarniawska’s ‘Travels of Ideas’ model as an organising framework to present and understand how the concept of ‘Quality’, so important in contemporary approaches to manufacturing & services, and their management, travelled to, and impinged on, a newly opened vehicle assembly plant in Poland. The extent to which new meanings were mutually created in the process of translation is discussed, using ethnographic reporting and analysis techniques commonly used in diffusion research. Parallels between the process of translation as an idea becomes embedded into a new cultural location, and the processes which contemporary research has identified as important to organisational learning, are briefly discussed in conclusion.

Reflections on the concept of the common good from an economic perspective

The chapter considers how the common good can be implemented when opinions differ within society about the nature of the common good. It explains how economic analysis can shed light on efficient conflict-management in these circumstances. The chapter argues, more generally, that virtue theorists make too little use of economics because they have an unduly restricted view of the nature and scope of the discipline

An extension of the concept of gradient semigroups which is stable under perturbation

In this article we introduce the concept of a gradient-like nonlinear semigroup as an intermediate concept between a gradient nonlinear semigroup (those possessing a Lyapunov function, see [J.K. Hale, Asymptotic Behavior of Dissipative Systems, Math. Surveys Monogr., vol. 25, Amer. Math. Soc., 1989]) and a nonlinear semigroup possessing a gradient-like attractor. We prove that a perturbation of a gradient-like nonlinear semigroup remains a gradient-like nonlinear semigroup. Moreover, for non-autonomous dynamical systems we introduce the concept of a gradient-like evolution process and prove that a non-autonomous perturbation of a gradient-like nonlinear semigroup is a gradient-like evolution process. For gradient-like nonlinear semigroups and evolution processes, we prove continuity, characterization and (pullback and forwards) exponential attraction of their attractors under perturbation extending the results of [A.N. Carvalho, J.A. Langa, J.C. Robinson, A. Suarez, Characterization of non-autonomous attractors of a perturbed gradient system, J. Differential Equations 236 (2007) 570-603] on characterization and of [A.V. Babin, M.I. Vishik, Attractors in Evolutionary Equations, Stud. Math. Appl.. vol. 25, North-Holland, Amsterdam, 1992] on exponential attraction. (C) 2009 Elsevier Inc. All rights reserved.

On the concept of electrical impedance for an electrolytic cell

The analysis of the electrical impedance of an electrolytic cell in the shape of a slab is performed. We have solved, numerically, the differential equations governing the phenomenon of the redistribution of the ions in the presence of an external electric field, and compared the results with the ones obtained by solving the linear approximation of these equations. The control parameters in our study are the amplitude and the frequency of the applied voltage, assumed a simple harmonic function of the time. We show that for the large amplitudes of the applied voltage, the actual current is no longer harmonic at low frequencies. From this result it follows that the concept of electrical impedance of a cell is a useful quantity only in the case where the linear approximation of the fundamental equations of problem work well.

The concept of quasi-integrability: a concrete example

We use the deformed sine-Gordon models recently presented by Bazeia et al [1] to take the first steps towards defining the concept of quasi-integrability. We consider one such definition and use it to calculate an infinite number of quasi-conserved quantities through a modification of the usual techniques of integrable field theories. Performing an expansion around the sine-Gordon theory we are able to evaluate the charges and the anomalies of their conservation laws in a perturbative power series in a small parameter which describes the ""closeness"" to the integrable sine-Gordon model. We show that in the case of the two-soliton scattering the charges, up to first order of perturbation, are conserved asymptotically, i.e. their values are the same in the distant past and future, when the solitons are well separated. We indicate that this property may hold or not to higher orders depending on the behavior of the two-soliton solution under a special parity transformation. For closely bound systems, such as breather-like field configurations, the situation however is more complex and perhaps the anomalies have a different structure implying that the concept of quasi-integrability does not apply in the same way as in the scattering of solitons. We back up our results with the data of many numerical simulations which also demonstrate the existence of long lived breather-like and wobble-like states in these models.

The actual status of the development of a Danish/Swedish system concept of a solar combisystem

At the beginning of 2003 the four year long research project REBUS on education, research, development and demonstration of competitive solar combisystems was launched. Research groups in Norway, Denmark, Sweden and Latvia are working together with partners from industry on innovative solutions for solar heating in the Nordic countries. Existing system concepts have been analyzed and based on the results new system designs have been developed. The proposed solutions have to fulfill country specific technical, sociological and cost requirements. Due to the similar demands on the systems in Denmark and Sweden it has been decided to develop a common system concept for both countries, which increases the market potential for the manufacturer. The focus of the development is on systems for the large number of rather well insulated existing single family houses. In close collaboration with the industrial partners a system concept has been developed that is characterized by its high compactness and flexibility. It allows the use of different types of boilers, heating distribution systems and a variable store and collector size. Two prototypes have been built, one for the Danish market with a gas boiler, and one for the Swedish market with a pellet boiler as auxiliary heater. After intensive testing and eventual further improvements at least two systems will be installed and monitored in demonstration houses. The systems have been modeled in TRNSYS and the simulation results will be used to further improve the system and evaluate the system performance.

The concept of e-service from a social interaction perspective

Today’s e-services are complex phenomenon consisting of several different e-services linked together. The e-services are provided by IT systems and presented to customers through user interfaces. Within web design research criteria are laid out for the design of good user interfaces, but one problem is that these analyses are performed without a service focus. This lack of service focus can result in the designed user interfaces providing indistinct service concepts, especially where several e-services are intertwined with each other.In order to design IT system interfaces, we have to be clear about which e-services are provided by the IT system and how these e-services are related to each other. This paper presents a framework for the analysis of user interfaces in terms of focused e-service, service environment and two types of intertwined e-services; related e-services and interrelating e-services. The analyses are exemplified by an Internet based e-marketplace. The paper discusses how the framework can be combined with ordinary web design criteria and how it can be used for e-service development.

The Concept of ’Selling/Buying’ in the Russian Linguistic Picture of the World : from standard to sub-standard

The thesis belongs to the field of lexical semantics studies, associated with describing the Russian linguistic world-image. The research focuses on the universal situation of purchase and sale as reflected in the Russian lexical standard and sub-standard. The work deals also with subjects related to the sphere of social linguistics: the social stratification of the language, the structure of sub-standard, etc. The thesis is a contribution to the description of the Russian linguistic world-image as well as to the further elaboration of the conceptional analysis method. The results are applicable in teaching Russian as a foreign language, particularly in lexis and Russian culture and mentality studies.

Musilian Concept of Modern Man

German-Austrian Robert Musil (1880-1942) is considered an artist with an extremely unorthodox conception of art to a basic human problem. In his time, there existed a dissociation of substance from social values. Musil actually started with this foundation in considering the taunting dilemma that the accelerating technology of the century is overstepping each day the ability of the human mind to adjust to it. Musil maintained that social organization, patterns of thought and cherished ideals correspond to a reality that no longer exists

Neww challenges in the luxury universe: an exploratory study of the concept of luxury experience in the Brazilian market from the perspective of brands and consumers: a case study of Pati Piva.

Luxury has evolved over the centuries; new challenges have created questions of appropriate strategies for brands. Experience and authenticity became important aspects in the field: consumers are enjoying more material comfort and there is a trend of a cultural shift for personal fulfillment and aspiration through experience. The biggest challenge for today's luxury marketers is to not only talk to the target, but to understand how the target is shifting, while not alienating consumers and damaging the brand´s image. Considering managers and consumers perspectives separately, it would be possible to conclude that their perceptions are congruent, as many studies have presented. However, if perspectives are put together and compared, different realities could emerge. This exploratory research is based on a case study that describes both perspectives of their perception on luxury experience, consumer behavior and consumption motivations, and luxury retailing. It was developed interviews with the brand owner and 10 brand´s consumers, and also indirect observations in the brands distribution formats. In the brand perspective, the case study has shown that luxury experience involves the construction of brand experience strategy based on products, multiple retail channels, consumer engagement, personal activity, exploration of five senses and other forms. In the consumer´s perspective, results revealed that brand consumers interviwed have different luxury experience perceptions and expectations; however, what is common is that service and quality must be maintained and they reflected the overall experience. Additionally, luxury retailing influences directly the consumer´s perception that must integrate multiple channels to fulfill personal demands. The research makes contributions for both actors - brand and consumer, in the sense that translates theoretical concepts of the experience itself and tries to clarify aspects that are still unknown and explored through the exploration of ways to detect the alignment between brand and consumer expectations of the experience.

Toward a hierarchical concept of plant stress

A number of attempts have been made to obtain a clear definition of biological stress. However, in spite of the efforts, some controversies on the concept of plant stress remain. The current versions are centered either on the cause (stress factor) or on the effect (stress response) of environmental stress. The objective of this study was to contribute to the definition of stress, using a hierarchical approach. Thus, we have performed an analysis of the most usual stress concepts and tested the relevance of considering different observation scales in a study on plant response to water deficit. Seedlings of Eucalyptus grandis were grown in vitro at water potentials ranging from -0.16 to -0.6 MPa, and evaluated according to growth and biochemical parameters. Data were analyzed through principal component analysis (PCA), which pointed to a hierarchical organization in plant responses to environmental disturbances. Growth parameters (height and dry weight) are more sensitive to water deficit than biochemical ones (sugars, proline, and protein), suggesting that higher hierarchical levels were more sensitive to environmental constraints than lower hierarchical ones. We suggest that before considering an environmental fluctuation as stressful, it is necessary to take into account different levels of plant response, and that the evaluation of the effects of environmental disturbances on an organism depends on the observation scale being used. Hence, a more appropriate stress concept should consider the hierarchical organization of the biological systems, not only for a more adequate theoretical approach, but also for the improvement of practical studies on plants under stress.