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Causality and Association: The Statistical and Legal Approaches  [PDF]
K. Mengersen,S. A. Moynihan,R. L. Tweedie
Statistics , 2007, DOI: 10.1214/07-STS234
Abstract: This paper discusses different needs and approaches to establishing ``causation'' that are relevant in legal cases involving statistical input based on epidemiological (or more generally observational or population-based) information. We distinguish between three versions of ``cause'': the first involves negligence in providing or allowing exposure, the second involves ``cause'' as it is shown through a scientifically proved increased risk of an outcome from the exposure in a population, and the third considers ``cause'' as it might apply to an individual plaintiff based on the first two. The population-oriented ``cause'' is that commonly addressed by statisticians, and we propose a variation on the Bradford Hill approach to testing such causality in an observational framework, and discuss how such a systematic series of tests might be considered in a legal context. We review some current legal approaches to using probabilistic statements, and link these with the scientific methodology as developed here. In particular, we provide an approach both to the idea of individual outcomes being caused on a balance of probabilities, and to the idea of material contribution to such outcomes. Statistical terminology and legal usage of terms such as ``proof on the balance of probabilities'' or ``causation'' can easily become confused, largely due to similar language describing dissimilar concepts; we conclude, however, that a careful analysis can identify and separate those areas in which a legal decision alone is required and those areas in which scientific approaches are useful.
Comparative Methodology and Pluralism in Legal Comparison in a Global Age  [PDF]
Roberto Scarciglia
Beijing Law Review (BLR) , 2015, DOI: 10.4236/blr.2015.61006
Abstract: This article grew to look deeper into the relationship between different methodological tools in comparative law enquiries. There are several factors that currently affect these enquiries, such as the emergence of new spheres of normativity and transnational actors determining a new configuration of the relationship between centre and periphery. Different forms and visions of legal pluralism could characterise a cultural tradition and different ways, in which existing nations, which have a pluralistic legal system, interact. Furthermore, one might add the consideration that the presence of different forms of pluralism—a pluralism of pluralisms—implies a constant and urgent need to reconsider the adequacy of the methodologies in comparative law. Hence, we can use different approaches because there are different purposes that the comparison pursues. Though the horizontal comparison is certainly a widespread tendency for comparative analyses, from a methodological point of view, we need to consider the importance of forms of vertical comparison, both a top-down and bottom-up approach.
Metodologia do ensino de ginástica: novos olhares, novas perspectivas Gym teaching methodology: new approaches, new perspectives Metodología de ense anza de la gimnasia: Nuevos horizontes, nuevas perspectivas
Luciana Marcassa
Pensar a Prática , 2006, DOI: 19806183/rpp.v7i2.94
Abstract: Este artigo busca sistematizar uma proposta metodológica para o ensino da Ginástica escolar e comunitária, que vem sendo construída a partir de experiências realizadas junto aos projetos de ensino, pesquisa e extens o vinculados ao Grupo de Estudo, Pesquisa e Experimenta o em Ginástica(GEPEGIN), da Faculdade de Educa o Física da UFG. A proposta indica alguns princípios, conteúdos e estratégias de a o que possam contribuir para o processo de forma o humana crítica, na tentativa de apontar uma nova perspectiva para o ensino, a prática e o conhecimento da Ginástica. PALAVRAS-CHAVE: metodologia da ginástica – forma o humana – linguagem corporal. This article aims at systematizing a methodological approach for the teaching of gym in schools and communities, which is being built from the experiences held with teaching, research, and extension (community-bound) projects linked to GEPEGIN - the Study, Research, and Gym Experimentation Group, from the Physical Education Department at UFG - the Federal University of Goias. This approach indicates some principles, contents, and strategies for action that might contribute to the process of human education in a critical way, in an attempt to point towards a new perspective for the teaching, the practice, and the knowledge of Gymnastics. KEY-WORDS: gymnastics methodology – human education – body language. Este artículo busca sistematizar una propuesta metodológica para la ense anza de la Gimnasia escolar y comunitaria, que viene siendo construida a partir de experiencias realizadas junto a los proyectos de ense anza, pesquisa y extensión vinculados al Grupo de Estudio, Pesquisa y Experimentación en Gimnasia (GEPEGIN), de la Facultad de Educación Física de la UFG. La propuesta indica algunos principios, contenidos y estrategias de acción que puedan contribuir para el proceso de formación humana crítica, intenta se alar una nueva perspectiva para la ense anza, la práctica y el conocimiento de la Gimnasia. PALABRAS-CLAVE: metodología de la gimnasia – formación humana – lenguaje corporal.
The new international legal order and new states in the Balkans
Dimitrijevi? Du?ko
Medjunarodni Problemi , 2006, DOI: 10.2298/medjp0603272d
Abstract: In this study the author attaches a great importance to the theoretical examination of the concept of the New International Legal Order that was embodied in the last decades of the 20th century. The starting point for that reflection is the dissolution of the SFR Yugoslavia that illustrates one of the fundamental legal precedents. Reminding that the basic principle for the post-modern State behavior must be the one that includes minimal disturbance of the existing international legal relations, the author stresses that "the Yugoslav case" was customized in the way to respond to the new reality where the principle of effectiveness played an essential role in valuation of the statehood. It could also be one of the greatest catalysts for all further 'development rules' of international law.
Legal Challenges Related to the Regulation of a Domain Name System  [PDF]
Marius Kalinauskas,Mantas Bar?ys
Social Technologies , 2012,
Abstract: Purpose—to review and analyse the problematic aspects related to domain name allocation and further usage processes, highlighting legal regulation of a domain name system.Design/methodology/approach—based on the comparison analysis of scientific literature, authors discuss problematic issues related to the legal regulation of domain name allocation and usage processes, analyse practical approaches and collision cases in the context of a domain name system. The authors examine the positive and negative aspects of a domain naming system and conflicting regulatory specifics. This paper describes the development of institutional bodies responsible for DNS management, supervision approaches and inner functionality policies.Findings—the authors examine domain naming system models and dispute resolution mechanisms, their evolution in the context of Internet development and the structural changes of the Internet governance institutions. The authors analyse tendencies related to DNS regulation and the possible effect of new regulation models in practice, while reflecting interests of stakeholders in the subject field.Research limitations/implications—agreements on the registration of domain names are based on self-regulation principles. A number of different interests may collide when speaking about domain name registration or usage and this issue becomes a major challenge to scientists and lawyers who are seeking an optimal domain-naming regulatory mechanism. The article does not address trademark conflicts within domain names in this respect. This should be considered as an object for separate study, which requires deeper analysis.Practical implications—the authors review key aspects of the domain name system and describe tendencies for the regulatory models.Value—the article emphasizes potential domain naming conflicts and disputes concerning the usage of common terms and phrases in order to manipulate information for illicit purposes. The legal and ethical aspect related to the limitation of domain name usage is reviewed when various combinations of top level domains and second level domains may arise due to newly-created generic top-level domain names. The usage of these methods may inflict potential threats for the legitimate interests of institutions, individuals or other legal subjects. The reasonable limitations of domain naming system could possibly help to protect the legal interests of individuals and to secure the legitimate expectations arising from a historical, cultural and legal perspective. The growth and impact of the internet influences globa
On new approaches to the study of nanosystems  [PDF]
N. N. Trunov
Physics , 2013,
Abstract: Quantum nanosystems are exremely diverse and often very complicated. That is why new methods of a simple description of such systems ensuring the retention of essential part of information at small numbers of parameters are needed. We consider several approaches to such reduced description. Besides we warn against using of one new incorrect approach.
A Methodology for assessing Agile Software Development Approaches  [PDF]
Shvetha Soundararajan
Computer Science , 2011,
Abstract: Agile methods provide an organization or a team the flexibility to adopt a selected subset of principles and practices based on their culture, their values, and the types of systems that they develop. More specifically, every organization or team implements a customized agile method, tailored to better accommodate its needs. However, the extent to which a customized method supports the organizational objectives, or rather the 'goodness' of that method is questionable. Existing agile assessment approaches focus on a comparative analysis, or are limited in scope and application. In this research, we propose a structured, systematic and comprehensive approach to assess the 'goodness' of agile methods. We examine an agile method based on (1) its adequacy, (2) the capability of the organization to support the adopted principles and practices specified by the method, and (3) the method's effectiveness. We propose the Objectives, Principles and Practices (OPP) Framework to guide our assessment. The Framework identifies (1) objectives of the agile philosophy, (2) principles that support the objectives, (3) practices that are reflective of the principles, (4) the linkages between the objectives, principles and practices, and (5) indicators for each practice to assess the effectiveness of the practice and the extent to which the organization supports its implementation. In this document, we discuss our solution approach, preliminary results, and future work.
USAGES – THE LEGAL REGIME IN NEW CIVIL CODE
EMILIAN CIONGARU
Challenges of the Knowledge Society , 2013,
Abstract: In the broad sense, the concept of law is represented by totality of acts that are elaborated by competent state authorities and their purpose is legislating. There are juridical situations are outside the scope of regulation of legal norms and they are stipulated by the New Civil Code, namely the usages: which are defined, in the broad sense, as rules of conduct for a long time, born of social practice. If the law sanctioned any usage, by a rule of reference, giving them, as such obligatory legal power, they are sources of law and the legislator has provided, as is source of civil law, only usages which are in conformity to public order and morality. This problem there was no in the case of legal rules because, they themselves are created with the purpose of to generate the public order and morality. In the situations not covered by law, the usages have a greater force than that of the legal dispositions regarding similar situations, so the broad interpretation of the rules of civil law is made, in the cases which are not covered by the law, only if such an interpretation is not contrary to the usages. An analysis and understanding of the juridical status of usages representing: the customs and the local habits which is accepted by the members of that community as well as the professional uses, as rules of development of professional activities, may result in to perceive the legal force of their but also to reduce, on as much as possible, some potentials confusions of interpretation and application of the law.
New approaches to COPD
P. J. Barnes
European Respiratory Review , 2005,
Abstract: No currently available treatments reduce the progression or suppress the inflammation of chronic obstructive pulmonary disease (COPD). However, with a better understanding of the inflammatory and destructive process, several targets have been identified, and new treatments are now in clinical development. Several specific therapies are directed against the influx of inflammatory cells into the airways and lung parenchyma that occurs in COPD, including adhesion molecule and chemokine-directed therapy, as well as therapies to inhibit tumour necrosis factor-alpha. Broad spectrum anti-inflammatory drugs are also in development, and include inhibitors of phosphodiesterase-4, p38 mitogen-activated protein kinase, nuclear factor-kappaB and phosphoinositide-3 kinase-gamma. More specific approaches include antioxidants, inhibitors of inducible nitric oxide synthase, and leukotriene B4 receptor antagonists. Inhibitors of epidermal growth factor receptor kinase and calcium-activated chloride channel inhibitors have the potential to inhibit mucus hypersecretion. Other therapies are targeted at the structural changes of COPD. Therapy to inhibit fibrosis is being developed against transforming growth factor-beta1 and protease activated receptor-2. There is also a search for serine proteinase and matrix metalloproteinase inhibitors to prevent lung destruction and the development of emphysema, as well as drugs such as retinoids that may even reverse this process. There is the need for validated biomarkers and monitoring techniques in early clinical studies with new therapies for chronic obstructive pulmonary disease.
Ibn azm on Homosexuality. A case-study of āhirī legal Methodology  [cached]
Adang, Camilla
Al-Qantara : Revista de Estudios Arabes , 2003,
Abstract: This article discusses the views of the teologian and legal scholar Ibn azm of Cordoba (d. 456/1064) on homosexuality. Although reference is made to his literary work awq al- amāma, which is rich in anecdotes on homoerotic attraction, the article focuses on Ibn azm's multivolume legal tract Kitāb al-Mu allā, a work written from a āhirī, or literalist perspective. A step-by-step analysis of Ibn Hazm's legal reasoning on homosexuality, both male (liwā ) and female (si āq) is provided, and comparisons with the views of other jurist, especially Mālikis, are made. Unlike his Mālikī contemporaries, Ibn azm holds that homosexuality is not to be equated with fomication (zinā), which incurs the death penalty. Instead, he advocates a relatively mild punishment of up to ten lashes for homosexual practices, based upon his idiosyncratic interpretation of the revealed sources which is illustrated here. Although Ibn azm is believed by some modem authors to have had homosexual leanings himself, he categorically condemns sexual contacts between members of the same sex as immoral and sinful, and believes that homosexuals should be reformed. Este artículo discute las opiniones de Ibn azm de Córdoba (m. 456/1064) jurista y teólogo, acerca de la homosexualidad. Aunque se hace referencia a su obra literaria awq al- amāma, rica en anécdotas sobre atracción homoerótica, el artículo se centra en su voluminosa obra legal zahirí Kitāb al-Mu allā y analiza el razonamiento legal de Ibn azm sobre la homosexualidad tanto masculina (liwāf) como femenina (si āq) comparándola con la de otros juristas, en particular, malikíes. A diferencia de sus contemporáneos malikíes, Ibn Hazm mantiene que la homosexualidad no debe equipararse a la fornicación (zinā) que incurre en la pena de muerte. Por el contrario, aboga por el relativamente suave castigo de diez latigazos por prácticas homosexuales, basado en su interpretación de las fuentes reveladas tal y como se expone en este artículo. Aunque algunos autores modernos han insinuado que el propio Ibn azm era homosexual, él condena categóricamente las relaciones entre miembros de un mismo sexo y mantiene que los homosexuales deben reformarse.
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