823 resultados para concept of derivative legal interpretation


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Photocurrent (PC) spectra of ZnCdSe-ZnSe double multi-quantum wells are measured at different temperature. Its corresponding photocurrent derivative (PCD) spectra are obtained by computing, and the PCD spectra have greatly enhanced the sensitivity of the relative weak PC signals. The polarization dependence of the PC spectra shows that the transitions observed in the PC spectra are heavy-hole related, and the transition energy coincide well with the results obtained by envelope function approximation including strain. The temperature dependence of the photocurrent curves indicates that the thermal activation is the dominant transport mechanism of the carriers in our samples. The concept of saturation temperature region is introduced to explain why the PC spectra have different temperature dependence in the samples with different structure parameters. It is found to be very useful in designing photovoltaic devices.

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Photocurrent (PC) spectra of ZnCdSe-ZnSe double multi-quantum wells are measured at different temperature. Its corresponding photocurrent derivative (PCD) spectra are obtained by computing, and the PCD spectra have greatly enhanced the sensitivity of the relative weak PC signals. The polarization dependence of the PC spectra shows that the transitions observed in the PC spectra are heavy-hole related, and the transition energy coincide well with the results obtained by envelope function approximation including strain. The temperature dependence of the photocurrent curves indicates that the thermal activation is the dominant transport mechanism of the carriers in our samples. The concept of saturation temperature region is introduced to explain why the PC spectra have different temperature dependence in the samples with different structure parameters. It is found to be very useful in designing photovoltaic devices.

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W niniejszym artykule autor przedstawił sposób odtworzenia normy prawnej zawierającej prawo do ochrony zdrowia na podstawie przepisu prawnego art. 68 ust. 1 Konstytucji RP. Przełożenie przepisu prawnego na normę prawną odbyło się zgodnie z założeniami derywacyjnej koncepcji wykładni, której istotą jest uzyskanie równoznaczności pomiędzy przepisem a odtworzoną z niego normą. W tym celu konieczne było przeprowadzenie wszystkich trzech faz wykładni: porządkującej, rekonstrukcyjnej i percepcyjnej. Niniejszy artykuł ukazuje, jak przebiegają poszczególne czynności interpretacyjne podejmowane w oparciu o dyrektywy derywacyjnej koncepcji wykładni. Pozwala to zobaczyć w szczegółowy sposób przebieg procesu przekształcania przepisu prawnego w normę prawną. Rezultatem przeprowadzonej wykładni było uzyskanie dostatecznie jednoznacznej normy prawnej. Na tej podstawie wykazano, że prawo do ochrony zdrowia jest zasadą prawa, ponieważ możliwe było odniesienie treści normy prawnej do określonych kryteriów. Ponadto, norma prawna odtworzona na podstawie przepisu konstytucyjnego zawiera wszystkie elementy, przede wszystkim określa adresata i nakazane zachowanie. Pozwala to wskazać sytuacje prawne, jakie wyznacza odtworzona w toku wykładni norma prawna, czyli obowiązek, uprawnienie i prawo podmiotowe. Postrzeganie konstytucyjnego prawa do ochrony zdrowia jako normy prawnej umożliwia także znacznie szersze i głębsze rozpatrzenie aspektów jego obowiązywania. W tym kontekście szczególnie przydatna jest derywacyjna koncepcja wykładni prawa.

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The concept of police accountability is not susceptible to a universal or concise definition. In the context of this thesis it is treated as embracing two fundamental components. First, it entails an arrangement whereby an individual, a minority and the whole community have the opportunity to participate meaningfully in the formulation of the principles and policies governing police operations. Second, it presupposes that those who have suffered as victims of unacceptable police behaviour should have an effective remedy. These ingredients, however, cannot operate in a vacuum. They must find an accommodation with the equally vital requirement that the burden of accountability should not be so demanding that the delivery of an effective police service is fatally impaired. While much of the current debate on police accountability in Britain and the USA revolves around the issue of where the balance should be struck in this accommodation, Ireland lacks the very foundation for such a debate as it suffers from a serious deficit in research and writing on police generally. This thesis aims to fill that gap by laying the foundations for an informed debate on police accountability and related aspects of police in Ireland. Broadly speaking the thesis contains three major interrelated components. The first is concerned with the concept of police in Ireland and the legal, constitutional and political context in which it operates. This reveals that although the Garda Siochana is established as a national force the legal prescriptions concerning its role and governance are very vague. Although a similar legislative format in Britain, and elsewhere, have been interpreted as conferring operational autonomy on the police it has not stopped successive Irish governments from exercising close control over the police. The second component analyses the structure and operation of the traditional police accountability mechanisms in Ireland; namely the law and the democratic process. It concludes that some basic aspects of the peculiar legal, constitutional and political structures of policing seriously undermine their capacity to deliver effective police accountability. In the case of the law, for example, the status of, and the broad discretion vested in, each individual member of the force ensure that the traditional legal actions cannot always provide redress where individuals or collective groups feel victimised. In the case of the democratic process the integration of the police into the excessively centralised system of executive government, coupled with the refusal of the Minister for Justice to accept responsibility for operational matters, project a barrier between the police and their accountability to the public. The third component details proposals on how the current structures of police accountability in Ireland can be strengthened without interfering with the fundamentals of the law, the democratic process or the legal and constitutional status of the police. The key elements in these proposals are the establishment of an independent administrative procedure for handling citizen complaints against the police and the establishment of a network of local police-community liaison councils throughout the country coupled with a centralised parliamentary committee on the police. While these proposals are analysed from the perspective of maximising the degree of police accountability to the public they also take into account the need to ensure that the police capacity to deliver an effective police service is not unduly impaired as a result.

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This paper aims to explore and discuss the role of nostalgia (a concept that is inherently grounded within a psychological framework) in heritage interpretation from both provider and consumer perspectives. Whilst many cultural practitioners recognise the relationship between sentimentality and authenticity, particularly within a folk-heritage context, few have sought to examine the effect this has on the visitor experience. This paper questions visitors’ ability to objectively assess objects and experiences at heritage sites, and the role of practitioners in presenting often blurred views of social history that may sometimes negate historical fact. Drawing on case study research at two UK living museums, Blists Hill Victorian Town in Shropshire, England, and the Big Pit: National Coal Museum in Wales, notions of reminiscence, authenticity, myth and intangibility are considered within the framework of the interpretive experience. Findings suggest that the visitor experience is inherently subjective, highly individual and that the concept of intangibility is integral to an understanding of the nostalgia-authenticity debate.

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Since many offensive and defensive wars or acts of terrorism, such as the atrocities of 11 September in the United States and the July 2005 bombings in London, are committed under the banner of Islam and the duty of jihad, it is important to shed some light upon the Islamic laws of war in general, and the controversial concept of jihad in particular. This article traces the origins of, and rationale for, the use of force within the Islamic tradition, and assesses the meaning and evolution of the contentious concept of jihad within its historical context. Following an analysis of the opposing doctrinal views on the potential implications of jihad, the study argues that the concept of jihad should not be interpreted literally, but be adjusted in accordance with new historical and international conditions, and conducted by peaceful means, rather than by the sword.

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The Universal Declaration on Human Rights was pivotal in popularizing the use of 'dignity' or 'human dignity' in human rights discourse. This article argues that the use of 'dignity', beyond a basic minimum core, does not provide a universalistic, principled basis for judicial decision-making in the human rights context, in the sense that there is little common understanding of what dignity requires substantively within or across jurisdictions. The meaning of dignity is therefore context-specific, varying significantly from jurisdiction to jurisdiction and (often) over time within particular jurisdictions. Indeed, instead of providing a basis for principled decision-making, dignity seems open to significant judicial manipulation. increasing rather than decreasing judicial discretion. That is one of its significant attractions to both judges and litigators alike. Dignity provides a convenient language for the adoption of substantive interpretations of human rights guarantees which appear to be intentionally, not just coincidentally. highly contingent on local circumstances. Despite that, however, I argue that the concept of 'human dignity' plays an important role in the development of human rights adjudication, not in providing an agreed content to human rights but in contributing to particular methods of human rights interpretation and adjudication.

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The purposes of this chapter are to argue for (i) the heuristic value of the concept of mask and masking in research which has its basis in psychodynamic theory but relating it to socio-cultural theory as means to understanding self-experience (ii) the value of creating and performing masks as one valuable methodological ‘embodied’ form in social and educational research that represent individuals’ richly textured self-other constructions and allow for the interrogation of any simplistic dichotomies associated with notions of ‘inside’ ‘outside’ categories (iii) exploring possibilities and dilemmas of interpretation within this frame

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Although the international obligations and institutional frameworks for disaster response are not yet settled, as evidenced by the International Law Commission’s work on the protection of persons in the event of disasters and the on-going promotion of disaster laws by the Red Cross Movement; the diverse source and nature of such initiatives suggests that the international community is engaged in a process of norm creation, elaboration and interpretation reflecting a desire for legal clarity in humanitarian operations. Situated within the framework of transnational law, this paper argues that an acquis humanitaire, based on the principle of humanity, encapsulates the evolving body of law and practice specifically relating to the protection of persons in times of humanitarian crisis in both armed conflicts and natural or human-made disasters. Reflecting the non-traditional, non-statist, dynamic and normative basis of transnational legal process, as elaborated by Harold Koh, the constant flow of ideas and principles between the national, regional and international spheres provides an analytical framework for the on-going transnational dialogues on the social, political and legal internalization of humanitarian norms. Drawing on the internalization of humanitarian norms within the United Kingdom, this paper concludes that as the international community examines the codification of a universal legal framework for the protection of persons in the event of disasters it is necessary to understand the transnational process of interpretation and internalization of humanitarian norms, and how this may vary across different regions and countries.

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Law's Ethical, Global and Theoretical Contexts examines William Twining's principal contributions to law and jurisprudence in the context of three issues which will receive significant scholarly attention over the coming decades. Part I explores human rights, including torture, the role of evidence in human rights cases, the emerging discourse on 'traditional values', the relevance of 'Southern voices' to human rights debates, and the relationship between human rights and peace agreements. Part II assesses the impact of globalization through the lenses of sociology and comparative constitutionalism, and features an analysis of the development of pluralistic ideas of law in the context of privatization. Finally, Part III addresses issues of legal theory, including whether global legal pluralism needs a concept of law, the importance of context in legal interpretation, the effect of increasing digitalization on legal theory, and the utility of feminist and postmodern approaches to globalization and legal theory.

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The fractal geometry is used to model of a naturally fractured reservoir and the concept of fractional derivative is applied to the diffusion equation to incorporate the history of fluid flow in naturally fractured reservoirs. The resulting fractally fractional diffusion (FFD) equation is solved analytically in the Laplace space for three outer boundary conditions. The analytical solutions are used to analyze the response of a naturally fractured reservoir considering the anomalous behavior of oil production. Several synthetic examples are provided to illustrate the methodology proposed in this work and to explain the diffusion process in fractally fractured systems.

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We study the peculiar dynamical features of a fractional derivative of complex-order network. The network is composed of two unidirectional rings of cells, coupled through a "buffer" cell. The network has a Z3 × Z5 cyclic symmetry group. The complex derivative Dα±jβ, with α, β ∈ R+ is a generalization of the concept of integer order derivative, where α = 1, β = 0. Each cell is modeled by the Chen oscillator. Numerical simulations of the coupled cell system associated with the network expose patterns such as equilibria, periodic orbits, relaxation oscillations, quasiperiodic motion, and chaos, in one or in two rings of cells. In addition, fixing β = 0.8, we perceive differences in the qualitative behavior of the system, as the parameter c ∈ [13, 24] of the Chen oscillator and/or the real part of the fractional derivative, α ∈ {0.5, 0.6, 0.7, 0.8, 0.9, 1.0}, are varied. Some patterns produced by the coupled system are constrained by the network architecture, but other features are only understood in the light of the internal dynamics of each cell, in this case, the Chen oscillator. What is more important, architecture and/or internal dynamics?

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There is a great deal of evidence to support the examination of an interactive relationship between the medium and the viewer in the interpretation of mainstream media. The exact nature of this relationship, however, is not well understood. The current study was carried out to assess the variables that may help explain why certain people interpret media, such as music videos, differently than others. Jensen's concept of reception analysis describes the relationship between the medium and the audience, and thus remains a strong focus within this study. Differences in the interpretation of music videos were investigated as a function of Absorption, gender role, screen size, age and viewing experience. Multiple regression analyses uncovered independent predictions of sexuality and violence scores by absorption and experience, as well as an interaction between absorption and screen size in the sexuality rating of the music videos.

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The purpose of this qualitative multi-case study was to examine the interpretation of environmental sustainability (ES) within the Olympic 11 Movement. Two research questions guided the inquiry - first, how has the concept of ES been defined by the International Olympic Committee (lOC), and second, how has the concept of ES been defined and enacted by the Organizing Committees ofthe Olympic Games (OCOGs)? During the past two decades, the International Olympic Committee (lOC) established several policies and programs related to ES. Its actions reflect a broader trend of environmentalism within economic and social spheres around the world (Milton-Smith, 2002). Despite the numerous initiatives, the Olympic Games continue to cause significant environmental damage. Frey, et al. (2007) argued that the Olympic Movement contradicts the fundamental premises of ES because the Games are hosted in a two week time period, are situated in a confined area, and accumulate operating and infrastructure costs in the billions of dollars. Further, Etzion (2007) stated "there is positive and significant correlation between firm siz~ and environmental performance" (p. 642) and in the context of the Olympics the sizeimpact relation is striking. Since 1972, the year the UN launched its international environmental awareness efforts, the Summer Olympics grew to 201 nations (39% increase), 10,500 athletes (32% increase), 28 sports (30% increase), and 302 events (43% increase) (Johnson, 2004; Girginov & Parry, 2005; Upegui, 2008). The proliferation of Games activities counters the ES principles that exist within many of the IOC declarations, policies and programs.

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The aim of this paper is to discuss the crisis of the international financial system and the necessity of reforming it by new anchor or benchmark for the international currency, a money-commodity. The need for understanding the definition of a numéraire is a first necessity. Although most economists reject any connection between money and a particular commodity (gold) – because of the existence of legal tender money in every country – it will be shown that it is equivalent to reduce the real space to an abstract number (usually assumed 1) in order to postulate that money is neutral. This is sheer nonsense. It will also be shown that the concept of fiat money or state money does not preclude the existence of commodity money. This paper is divided in four sections. The first section analyses the definition and meaning of a numéraire for the international currency and the justification for a variable standard of value. In the second section, the market value of the US dollar is analysed by looking at new forms of value -the derivative products- the dollar as a safe haven, and the role of SDRs in reforming the international monetary system. In the third and fourth sections, empirical evidence concerning the most recent period of the financial crisis is presented and an econometric model is specified to fit those data. After estimating many different specifications of the model –linear stepwise regression, simultaneous regression with GMM estimator, error correction model- the main econometric result is that there is a one to one correspondence between the price of gold and the value of the US dollar. Indeed, the variance of the price of gold is mainly explained by the Euro exchange rate defined with respect to the US dollar, the inflation rate and negatively influenced by the Dow Jones index and the interest rate.