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In assessing the aftermath of the fraudulent presidential election of 2009 in Iran, one question has received less critical analysis than other complexities of this event: What can explain the remarkable non-violent character of the Green Movement in Iran? I propose that the answer, inter alia, lies with the following three learning experiences: 1) The experience of loss brought about by the Iran/Iraq war; 2) the experience of relative opening during Khatami’s presidency; and 3) the experience of modernization of faith in the work of the post-Islamist thinkers that aimed to make political Islam compatible with democracy. Together, these learning processes fostered a new mode of thinking that is civil and non-violent in character.
What is it that makes the subject of bioethics autonomous? The problem that this research tries to clarify is What is it that makes the subject of bioethics autonomous? This question is answered from an applied ethics, bioethics. This article will show a new methodological approach to study the subject of bioethics.
The principal objetives of this research that is presented here, are related to the relationship between: 1) Autonomy and information; 2) Autonomy and responsability; 3) Autonomy and freedom; and 4) Autonomy and social ties or social links.
The rule of law is unique establishment that had taken place in historical context, as politico-legal edifice of capitalist society. To the extent that any legal system was established in historical context, its form and functioning are cannot be channelled by reflections or professional commitments of lawyers and legal philosophers. The rule of law emerged in certain conditions that we say “classical liberalism”, of power allocation where we diversify political power and legal power in the milieu of political society, enunciated as republic or commonwealth. Contrary to earlier forms of legal order, capitalism was unique that its super structure was articulated according to the pivotal role of legal machinery. There was an actual equilibrium between legal and political domains that they moderately matched with public and private dichotomy. After monopoly capitalism, social setting of liberalism was dramatically incurred some major modifications which were firstly dislocation of liberal individual, incited by monopoly capital and secondly, political achievement of the working classes obtained political equality, as drastic consequence of mass society. Hence, the rule of law altered as depoliticsation of democratised mass society, instead of modus vivendi of liberal individuals, which demarcated the rule of law according to welfare society or sozialrechtsstaat. The neo-liberal globalisation after 1980’s, republican model of political society faded away that it has been transformed by transnational capital where markets, hierarchies, regionalism and communal settings crosscut inner equilibrium between politics and law. Finally, the newborn articulation of power structure undermined necessary basement of the rule of law.
This paper expands on the concept of legal machine which was presented first at IRIS 2011 in Salzburg. The research subjects are (1) the creation of institutional facts by machines, and (2)
multimodal communication of legal content to humans. Simple examples are traffic lights and vending machines. Complicated examples are computer-based information systems in organisations, form proceedings workflows, and machines which replace officials in organisations. The actions performed by machines have legal importance and draw legal consequences. Machines similarly as humans can be imposed status-functions of legal actors. The analogy of machines with humans is in the focus of this paper. Legal content can be communicated by machines and can be perceived by all of our senses. The content can be expressed in multimodal languages: textual, visual, acoustic, gestures, aircraft manoeuvres, etc. The concept of encapsulatation of human into machine is proposed. Herein humanintended actions are communicated through the machine’s output channel. Encapsulations can be compared with deities and mythical creatures that can send gods’ messages to people through the human mouth. This paper also aims to identify law production patterns by machines.
In this article I advance an account of human rights as individual claims that can be justified within the conceptual framework of social contract theories. The contractarian approach at issue here aims, initially, at a justification of morality at large, and then at the specific domain of morality which contains human rights concepts. The contractarian approach to human rights has to deal with the problem of universality, i.e. how can human rights be ‘universal’? I deal with this problem by examining the relationship between moral dispositions and what I call ‘diffuse legal structure’.
Communist regimes in general and especially the one in Albania destroyed almost every aspect of political, social, cultural and economic life, including the notion of pluralism and intellectual elite of the country. In Albania, the transition into democracy in 90’ was done through extrication which means that the authoritarian government was weakened, but not as thoroughly as in a transition by defeat. As a consequence, the former Communist elite was able to negotiate crucial features of the transition and was very quickly transformed into the new pluralist political class. This position enabled the communist elite to be rehabilitated and together with the new emerged communist elite to remain a strong influential actor in new emerged democracy and de facto to run in continuance the country. The purpose of the new emerged communist elite to maintain control was favored inter alia by the absence of a new strong intellectual elite and was done merely by sharing the power among its members divided into different political parties and also by using the ‘pluralist’ law as a tool for social control over new emerging intellectual elites. The use of law as a tool for social control by the political class has severely damaged people's understanding and expectations on the law, its relations with the state as well as international community. Indeed, such experience of the use of law by the political class for its own narrow interests, has made people lose confidence in law and state as well as has severely weakened the law enforcement in the country. To conclude, the overall purpose of this paper would be the analysis of law in general and its understandings and development in a post-communist society such as Albania from different points of view.
Die brasilianische Verfassung hat ein System detaillierter materieller und prozessualer Rechte etabliert und damit die richterliche Kontrolle hoheitlicher Akte in fast allen politisch relevanten Bereichen ermöglicht. Auf dem Gebiet der ökologischen und sozialen Rechte, wo eine intensive Positivierung individueller und kollektiver Ansprüche stattgefunden hat, ist die wachsende Judizialisierung der staatlichen Programme nicht als übertriebene Einmischung der Gerichte in politische Fragen anzusehen, sondern fördert die Ausbildung des gesellschaftlichen Bewusstseins. Die Gesetzestexte enthalten kaum konkrete materielle Anforderungen oder Richtlinien zur Gewichtung von Gütern und Werten, sondern setzen lediglich Verbote fest oder regeln die föderativen Zuständigkeiten bzw. das Verwaltungsverfahren. Deswegen kann die Genehmigung umweltgefährdender Aktivitäten kaum auf der Grundlage dogmatisch abgeklärter Rechtsbegriffe erfolgen. Die fachliche Qualifikation vieler Verwaltungsbeamter und Richter entspricht noch nicht den Herausforderungen einer korrekten Gesetzesauslegung. Die akademische Diskussion konzentriert sich derweilen auf Themen wie die philosophische Hermeneutik, Semiotik oder Systemtheorie und unterschätzt dabei die Wichtigkeit des juristischen Methodenkanons, weswegen es ihr nicht gelingt, den Praktikern gangbare Direktiven zur Herstellung richtiger und gut begründeter Entscheidungen anzubieten. Nötig ist daher eine mehr pragmatisch orientierte Debatte über den angemessenen Gebrauch der traditionellen und modernen Methoden und Techniken der Rechtsfindung, um die dogmatische Basis des Umweltrechts in Brasilien zu stärken und es an das Modell eines Umweltstaats heranzuführen.
Democratic rule of law has been struggling with the occurring problem of pluralism of values. It is therefore still faced with the dilemma of ordering the relationship of law and ethics, namely with the question whether in the issue of legal solutions the priority is granted to ethics or to law. In the case of dominance of the positivist paradigm, it is all the more important because the ethical issue is marginalized in it. It turns out that the same authority, deciding on similar issues, at the junction of two areas: ethics and law, can make mutually contradictory decisions: once giving priority to ethics, whereas - at different times - to positive law. On a closer analysis, this contradiction proves illusory because under the guise of protection of a positive paradigm, the hidden fact is that the axiological decision underlies the resolution concerning law. This decision protects the values that have priority in the scale of preferential value of decision-making body. The example considered in the article concerns the interface between ethical and legal norms against selected rulings of the Constitutional Court. The doubts that arise in this context may be in future avoided or perhaps, if necessary, resolved by adopting a two-aspect model of legal norm. This model in its vertical approach has an evaluative element. This allows to deem the seemingly contradictory decision in similar cases as justified one. It also shows that in practice the rightness of the resolution takes precedence both over ethics as well as over law.
The concept of biopolitics has its origin on the Michel Foucault works developped since 1975 to 1979. In this period, the author introduced the foundations for a new approach about the modern government, based in both crescent enpowerment on individuals and the control of populations. The theme has attracted the attentions of some critical political studies, with many practical uses. However, I believe there is not enough consolidation about biopolitics as a concept and a comprehensive theory of the new political mechanisms. This uncertainness is more evident when the very role of Law is questioned in a biopolitical model, due to the archaic nature that Foucault gives to it. So the aim of the paper is to identify the theorical comprehension of biopolitics in a contemporary author as Giorgio Agamben to demonstrate his oppositions and proximities from the original idea of Michel Foucault. I propose that Agamben has the same difficulties of Foucault to deal with legal theory and Law inside biopolitics. Nevertheless, after a critical review on the works of this two authors, my conclusion is that a settlement of the concepts of Law and biopolitics depends of the surpassing of the Foucaldian version of Law as sovereignity, a clear delimitation of a common core between the authors and their differences and the research and affirmation of the concept of Law in Agamben, more well-refined than Foucault's one.
E-democracy as the frame of networked public discourse : information, consensus and complexity
(2012)
The quest for democracy and the political reflection about its future are to be understood nowadays in the horizon of the networked information revolution. Hence, it seems difficult to speak of democracy without speaking of e-democracy, the key issue of which is the re-configuration of models of information production and concentration of attention, which are to be investigated both from a political and an epistemological standpoint. In this perspective, our paper aims at analyzing the multi-agent dimension of networked public discourse, by envisaging two competing models of structuring this discourse (those of dialogue and of claim) and by suggesting to endorse the epistemic idea of complementarity as a guidance principle for elaborating a form of partnership between traditional and electronic media.
Judicial review reflects the level of commitment between constitutionalism and democracy in contemporary States. Yet democracy as the sovereign government of the people implies a tension with constitutionalism as the rule of law. That is, people ruling themselves or the government by the people – majority government - is limited by the law of law making, the constitution. In Brazil, the improvement of judicial review is nowadays related to increase the number of decisions given by the Brazilian Supreme Court or rather to the capability of this latter in deciding a large number of constitutional lawsuits no matter the form and content of its arguments. For, the Court is nowadays driven by numbers and to accomplish its goals in terms of numbers (of decisions) it applies to technological solutions such as the digitalization of legal proceedings. It means that as many decision as Supreme Court issues -with the help of technology- the better it is. Relating the numbers of decisions issued by the Court to the improvement of Brazilian judicial review or Brazilian constitutionalism and democracy is a great mistake and a false statement as far as it does not face the main problem of the system, which is the lack of reasons of Supreme Court’s decision. The point is that, in this case, technology is just a tool –among others- in order to render legal proceedings faster yet not a qualitative sign of Supreme Court’s decisions.
The main Question of this paper is: how can we tackle the global warming in accordance with the economical growth especially in emerging countries?
K. W. Kapp, “The Social Costs of Private Enterprise” (1950), defines the social costs as direct or indirect damages which are not compensated by the producer, but added to the third parties. An example might be the disaster of the BP plant in April 2010, in which the polluter can hardly cover all the damages so as to make the seawater clean, to regenerate the harmed natural lives and to recover the jobs and the everyday life of the residents on site.
The Club of Rome, “The Limits to Growth” (1972), makes us aware of the five conditions which set the limits to growth: population, industrialization, pollution, consumption of food and natural resources, which tendentiously increase in a exponential progression. The GDP growth 10% a year means that it will be 2.59 times as large in ten years, whereas technology could resolve problematic concerning five elements at highest in arithmetical progression.
Remarkable would be that the modern industrial civilization has brought social damages in form of global warming. Developed nations have not payed for it yet. All the people in the world should have right to economical growth at any rate, which would however be limited by those five conditions. Conclusion: the developed nations should give up the consumption lifestyle for the sake of equal right of every citizen in the world to reasonable standard of living.
The development of laboratory animal science and animal care of legislation and the consummation
(2012)
Laboratory animal science is the use of non-human animals in experiments to obtain new knowledge and new technologies in biomedical research and testing. In order to develop science and technology, the human carried out a large number of animal experiments, these experiments greatly expanded the vision of related research field, and make a great contribution to human beings. Meanwhile, animal experiments also bring us a certain extent of negative effects. Countries around the world have adopted legislative measures to regulate behavior of animal experiments, but in the process of legislation and enforcement are not wholly satisfactory. On the basis of present situation of laboratory animal science and existing problems, with the comparison of animal welfare act between Europe and China, the author puts forward the ideas of perfecting experimental animals’ laws and its enforcement proposals.
Biopower, governmentality, and capitalism through the lenses of freedom: a conceptual enquiry
(2012)
In this paper I propose a framework to understand the transition in Foucault’s work from the disciplinary model to the governmentality model. Foucault’s work on power emerges within the general context of an expression of capitalist rationality and the nature of freedom and power within it. I argue that, thus understood, Foucault’s transition to the governmentality model can be seen simultaneously as a deepening recognition of what capitalism is and how it works, but also the recognition of the changing historical nature of the actually existing capitalisms and their specifically situated historical needs. I then argue that the disciplinary model should be understood as a contingent response to the demands of early capitalism, and argue that with the maturation of the capitalist enterprise many of those responses no longer are necessary. New realities require new responses; although this does not necessarily result in the abandonment of the earlier disciplinary model, it does require their reconfiguration according to the changed situation and the new imperatives following from it.
This work intends to analysis the philosophy of history and to discuss the consequences of this death to the Critical Theory. The concept of reason and the devices of democracy and human rights are discussed in a revision of the historical debate about the end of history operates the life in the interior of the modern society, especially about the intellectual condition at the information society.
Making use of United Nations (U.N.) materials and documents, Anja Matwijkiw and Bronik Matwijkiw argue that the organization – in 2004 – converted to a stakeholder jurisprudence for human rights. However, references to “stakeholders” may both be made in the context of narrow stakeholder theory and broad stakeholder theory. Since the U.N. does not specify its commitment by naming the theory it credits for its conversion, the authors of the article embark on a comparative analysis, so as to be able to try the two frameworks for fit. The hypothesis is that it is the philosophy and methodology of broad stakeholder theory that best matches the norms and strategies of the U.N. While this is the case, certain challenges nevertheless present themselves. As a consequence of these, the U.N. has to – as a minimum – take things under renewed consideration.
The improvement of accident prevention technology in many fields of social life has spurred new challenges to the doctrinal tools of fault and strict based civil liability in the law of torts. Amid these challenges lies the identification of the proper scope of the respective criteria of liability in a changing factual environment, their suitability as doctrinal tools, as well as their actual application to concrete cases given the amount of information which would be needed to render adequate judgments. Precedents and old laws should be assessed with caution, taking into account the tacit cost-benefit analysis embedded in them, for they may or may not serve the interests of welfare maximization in an environment with constantly renewed accident prevention technology.
In this thesis, we have investigated strongly correlated bosonic gases in an optical lattice, mostly based on a bosonic version of dynamical mean field theory and its real-space extension. Emphasis is put on possible novel quantum phenomena of these many-body systems and their corresponding underlying physics, including quantum magnetism, pair-superfluidity, thermodynamics, many-body cooling, new quantum phases in the presence of long-range interactions, and excitational properties. Our motivation is to simulate manybody phenomena relevant to strongly correlated materials with ultracold lattice gases, which provide an excellent playground for investigating quantum systems with an unprecedented level of precision and controllability. Due to their high controllability, ultracold gases can be regarded as a quantum simulator of many-body systems in solid-state physics, high energy astrophysics, and quantum optics. In this thesis, specifically, we have explored possible novel quantum phases, thermodynamic properties, many-body cooling schemes, and the spectroscopy of strongly correlated many-body quantum systems. The results presented in this thesis provide theoretical benchmarks for exploring quantum magnetism in upcoming experiments, and an important step towards studying quantum phenomena of ultracold gases in the presence of long-range interactions.
As is well known, the 2nd Spanish Republic (1931-1936) was toppled by a military uprising which, after a cruel Civil War, set up an autocratic regime led by General Franco which lasted until his natural death in 1975. According to the contemporary theory of the legal system, a legal order exists on the sole condition that it is efficient in general terms and this was the case for both the Republic and the Dictatorship. In turn, the validity of the legal norms of all legal orders is based on its respective rules of recognition. Thus, neither the existence of the legal order nor the validity of its respective legal norms depends on moral considerations. In this paper, we call this affirmation into question on the base of the fact that the compensatory methods adopted from the Transition to Democracy show an evident concern to repair the damage of taking away a person’s basic rights (life, health, freedom, expression, association etc) although the Spanish Constitution, with its catalogue of fundamental rights was not in force at that time. But these measures would not have much sense if, as Raz says, there was no shared content which is common to all legal systems. Like Nino, we claim that one must discriminate between a democratic legal order and an autocratic one to establish the level of validity of its respective legal norms. Thus it can be assigned a presumption of justice to democratic norms. Finally, we state that the criteria to weigh up the justice or injustice of legal norms, as that of legal orders, takes root in the level of respect they show towards human rights.
Introduction: aims and points of departure. 1. The problem of the knowledge of law: whether previous general rules may support a casuistic decision. 2. The problem of legal ethics: whether there are autonomous rights, which do not depend on positive law. 3. The ways of modern dogmatics to deal with these problems. 4. The question remains the same.
From chaos to chaos theory, from the primordial perception of the world as disorderly to the scientific research of disorder a long distance has been covered. This path implies openness of mind and scientific boldness which connect mythological perceptions of the world with philosophical and scientific interpretations of phenomena throughout the world in a quite distinctive way resting on the creation of a model and application of computing. Owing to this, for the first time instead of asking What awaits us in the future? we can ask What can be done in the future? and get a reliable scientific answer to the question.
In reconsideration of the composition and operation of European law, it is the description of its underlying mentality that may cast best light on the query whether European law is the extension of domestic laws or a sui generis product. As to its action, European law is destructive upon the survival of traditions of legal positivism, for it recalls post modern clichés rather. Like a solar system with planets, it is two-centred from the beginning, commissioning both implementation and judicial check to member states. As part of global post modernism, a) European law stems from artificial reality construction freed from particular historical experience and, indeed, anything given hic et nunc. By its operation, b) it dynamises large structures and sets in motion that what is chaos itself. It is owing to reconstructive human intent solely that any outcome can at all be seen as fitting to some ideal of order, albeit neither operation nor daily management strives for implementing any systemicity. This is the way in which the European law becomes adequate reflection of the underlying (macro) economic basis, which it is to serve as superstructure. Accordingly, c) the entire construct is operated (as integrated into one well-working unit) within the framework of an artificially animated dynamism. With its “order out of chaos” philosophy it assures member states’ standing involvement and competition, achieving a flexibly self-adapting (and unprecedentedly high degree of) conformity.
Die Hauptthese dieses Papers geht von dem Konzept der normativen Verfassung der Nachkriegzeit aus und setzt sich kritisch mit dem Konzept des 19. Jahrhunderts „Verfassungswandlung“ auseinander. Das Konzept des Verfassungswandels ist mit der Verfassungsdemokratie inkompatibel. Statt von einem Verfassungswandel zu sprechen, sollte man die Entwicklung des Sinns der Normen in der Zeit als dynamische Interpretation bezeichnen.
There is an increasing interest in incorporating significant citizen participation into the law-making process by developing the use of the internet in the public sphere. However, no well-accepted e-participation model has prevailed. This article points out that, to be successful, we need critical reflection of legal theory and we also need further institutional construction based on the theoretical reflection.
Contemporary dominant legal theories demonstrate too strong an internal legal point of view to empower the informal, social normative development on the internet. Regardless of whether we see the law as a body of rules or principles, the social aspect is always part of people’s background and attracts little attention. In this article, it is advocated that the procedural legal paradigm advanced by Jürgen Habermas represents an important breakthrough in this regard.
Further, Habermas’s co-originality thesis reveals a neglected internal relationship between public autonomy and private autonomy. I believe the co-originality theory provides the essential basis on which a connecting infrastructure between the legal and the social could be developed. In terms of the development of the internet to include the public sphere, co-originality can also help us direct the emphasis on the formation of public opinion away from the national legislative level towards the local level; that is, the network of governance.1
This article is divided into two sections. The focus of Part One is to reconstruct the co-originality thesis (section 2, 3). This paper uses the application of discourse in the adjudication theory of Habermas as an example. It argues that Habermas would be more coherent, in terms of his insistence on real communication in his discourse theory, if he allowed his judges to initiate improved interaction with the society. This change is essential if the internal connection between public autonomy and private autonomy in the sense of court adjudication is to be truly enabled.
In order to demonstrate such improved co-original relationships, the empowering character of the state-made law is instrumental in initiating the mobilization of legal intermediaries, both individual and institutional. A mutually enhanced relationship is thus formed; between the formal, official organization and its governance counterpart aided by its associated ‘local’ public sphere. Referring to Susan Sturm, the Harris v Forklift Systems Inc. (1930) decision of the Supreme Court of the United States in the field of sexual harassment is used as an example.
Using only one institutional example to illustrate how the co-originality thesis can be improved is not sufficient to rebuild the thesis but this is as much as can be achieved in this article.
In Part Two, the paper examines, still at the institutional level, how Sturm develops an overlooked sense of impartiality, especially in the derivation of social norms; i.e. multi-partiality instead of neutral detachment (section 4). These two ideas should be combined as the criterion for impartiality to evaluate the legitimacy of the joint decision-making processes of both the formal official organization and ‘local’ public sphere.
Sturm’s emphasis on the deployment of intermediaries, both institutional and individual, can also enlighten the discourse theory. Intermediaries are essential for connecting the disassociated social networks, especially when a breakdown of communication occurs due to a lack of data, information, knowledge, or disparity of value orientation, all of which can affect social networks. If intermediaries are used, further communication will not be blocked as a result of the lack of critical data, information, knowledge or misunderstandings due to disparity of value orientation or other causes.
The institutional impact of the newly constructed co-originality thesis is also discussed in Part Two. Landwehr’s work on institutional design and assessment for deliberative interaction is first discussed. This article concludes with an indication of how the ‘local’ public sphere, through e-rulemaking or online dispute resolution, for example, can be constructed in light of the discussion of this article.
Principles can be directly expressed by law or may be found in jurisprudence, philosophy or literature. Often the principles are contradictory, as in the case of transparency and the taboo of state information disclosure. At the individual level, transparency and taboo, the sense and purpose of privacy may compliment each other. Moreover the rise of cyberspace has blurred the distinction between privacy and public. The taboo is widening. The development of the internet and of the social networks can alter the once apparently stable legal situation, bringing a new dynamic into play in both state and individual spheres. In the context of the internet it is as though the secret workings of the state are projected on its "walls and facades", reminding us of Plato's "Myth of the Cave". As Plato described, disillusionment and reflexive defensiveness can follow.
In the intersection between law, science and technology lies the debate on the overcoming of the boundaries of the biological structure of the human being and its implications on the idea of human rights, on the concept of person and on the conception of equality – being the latter a fundamental tenet of a democracy.
Posthumanism assumes a biological inadequacy of the human body regarding the quantity, complexity and quality of information which it can muster. The same occurs with the needs of accuracy, speed or strength demanded by the contemporary environment. Under such perspective, the body is considered to be an inefficient structure, with a short lifespan, easy to break and hard to fix.
The body, always seen as the locus for the definition of human, emerges as the object of a commodification process that seeks to exonerate men from their burden - by declination towards a virtual existence, totally free and rational - or to enhance them with bionic devices or drugs.
This issue has already been the subject of attention by many scholars like Savulescu, Rodotà, Broston, Fukuyama and even Habermas.
Therefore, the aim of this paper is to seek, by criticism and revision of the positions on the foreseen problems of this process, an adequate theoretical approach on issues like the concept of person and its connection with the idea of human rights in order to promote the fundamental statement that all men are equal without disregard to the values of diversity and personal identity.
Der zweifache Urteilsspruch des Europäischen Gerichtshofs für Menschenrechte im Fall “Lautsi gegen Italien” hat sich zum Paradigma der Schwierigkeiten entwickelt, welche Europa bei der adäquaten Ansiedlung der Religion im öffentlichen Bereich erfährt. Die Lösung kann sich ändern, wenn, anstatt dem politischen Problem (wann ist die Ausübung von Macht erlaubt) einzuräumen, die Möglichkeit einer praktischen Vernunft und ihre Verträglichkeit mit dem religiösen Glauben zum Ausgangspunkt gemacht wird. Diese würde zweifelsfrei zu einer politischen Fragestellung zu einer Präsenz der Religion im öffentlichen Bereich einladen, die auf eine positive Laizität mehr Rücksicht nimmt, dabei den Laizismus ablehnt, der darauf drängt, die Rationalität zur Macht auch einen nicht kognitivistischen Code zu reduzieren.
When judges are authorised to invalidate legal acts for being unconstitutional, the competence of the legislator is directly concerned. The question raises, if thus judges do not usurp legislative power. In the traditional doctrine of the separation of powers the parliament is the first power, based on its direct democratic legitimacy. Yet cancelling legal acts completely or partially does evoke more irritations in the public that could be expected. The people seem to have more confidence to the assumed impartiality of the judges than to the results of the parliamentary work which seems to be dominated by the struggles of the parties. The necessity of judicial review mainly is based on the consideration that individual rights even in an authentic democratic system may be violated by a legal act of the parliament. In this case constitutional courts have the very task to defend individual rights, principles of liberty and authentic equality. Therefore it is justified to speak of the “jurisdiction of liberty”, as the Italian constitutional expert Cappelletti has said. But also without such legitimacy in many countries the Courts intervene in the field of the legislator. The courts themselves discuss the limits of judicial interventions, emphasising themselves, that they have to respect the legislative decisions principally, but do not abide always by their own proclaimed principles. In Spanish recent publications it is spoken of the principle “in dubio pro legislatore”, (in case of doubt in favour the legislator), reminding of “in dubio pro reo”, in order to treat the legislative power not worse than the defendant in a criminal process..
Human rights and climate policy – toward a new concept of freedom, protection rights, and balancing
(2012)
Neither the scope of “protection obligations” which are based on fundamental rights nor the theory of constitutional balancing nor the issue of “absolute” minimum standards (fundamental rights nuclei, “Grundrechtskerne”), which have to be preserved in the balancing of fundamental rights, can be considered satisfactorily resolved–in spite of intensive, long-standing debates. On closer analysis, the common case law definitions turn out to be not always consistent. This is generally true and with respect to environmental fundamental rights at the national, European, and international level. Regarding the theory of balancing, for the purpose of a clear balance of powers the usual principle of proportionality also proves specifiable. This allows a new analysis, whether fundamental rights have absolute cores. This question is does not only apply to human dignity and the German Aviation Security Act, but even if environmental policy accepts death, e.g. regarding climate change. Overall, it turns out that an interpretation of fundamental rights which is more multipolar and considers the conditions for freedom more heavily–as well as the freedom of future generations and of people in other parts of the world–develops a greater commitment to climate protection.
The structure of the title compound, C14H12N2O2 {systematic name: 2,2′-[hydrazinediylidenebis(methanylylidene)]diphenol}, has already been determined in the triclinic space group P An external file that holds a picture, illustration, etc. Object name is e-68-0o255-efi1.jpg with Z = 4 [El-Medani, Aboaly, Abdalla & Ramadan (2004 [triangle]). Spectrosc. Lett. 37, 619–632]. However, the correct space group should be P21/c with Z = 4. This structure is a new polymorph of the already known monoclinic polymorph of salicyladehyde azine, which crystallizes in space group P21/n with Z = 2. The benzene rings form a dihedral angle of 46.12 (9)°. Two intramolucular O—H[cdots, three dots, centered]N hydrogen bonds occur.
In the title compound, [Ag(BF4)(C14H12N2O4)]n, the coordination of the Ag+ ion is trigonal–bipyramidal with the N atoms of two ethane-1,2-diyl bis(pyridine-3-carboxylate) ligands in the apical positions and three F atoms belonging to different tetrafluoridoborate anions in the equatorial plane. The material consists of infinite chains of [Ag(C14H12N2O4)] units running along [001], held together by BF4 − bridging anions.
Prostate cancer is one of the most common tumor diseases worldwide. Often being non-aggressive, prostate tumors in these cases do not need immediate treatment. However, about 20% of diagnosed prostate cancers tend to metastasize and require treatment. Existing diagnostic methods may fail to accurately recognize the transition of a dormant, non-aggressive tumor into highly malignant prostate cancer. Therefore, new diagnostic tools are needed to improve diagnosis and therapy of prostate carcinoma. This review evaluates existing methods to diagnose prostate carcinoma, such as the biochemical marker prostate-specific antigen (PSA), but also discusses the possibility to use the altered expression of integrins and laminin-332 in prostate carcinomas as diagnostic tools and therapeutic targets of prostate cancer.
VEGF (vascular endothelial growth factor) promotes vascularization and remodeling of bone substitutes. The aim of this study was to examine the effect of distinct resorbable ceramic carriers on bone forming capacities of VEGF transfected bone marrow stromal cells (BMSC). A critical size defect of the radius in rabbits was filled either by a low surface scaffold called beta-TCP (tricalciumphsphate) or the high surface scaffold CDHA (calcium deficient hydroxy-apatite) loaded with autologous BMSC, which were either transfected with a control plasmid or a plasmid coding for phVEGF165. They were compared to unloaded scaffolds. Thus, six treatment groups (n = 6 in each group) were followed by X-ray over 16 weeks. After probe retrieval, the volume of new bone was measured by micro-CT scans and vascularization was assessed in histology. While only minor bone formation was found in both carriers when implanted alone, BMSC led to increased osteogenesis in both carriers. VEGF promoted vascularization of the scaffolds significantly in contrast to BMSC alone. Bone formation was increased in the beta-TCP group, whereas it was inhibited in the CDHA group that showed faster scaffold degradation. The results indicate that the interaction of VEGF transfected BMSC with resorbable ceramic carrier influences the ability to promote bone healing.
Speech production involves widely distributed brain regions. This MEG study focuses on the spectro-temporal dynamics that contribute to the setup of this network. In 21 participants performing a cue-target reading paradigm, we analyzed local oscillations during preparation for overt and covert reading in the time-frequency domain and localized sources using beamforming. Network dynamics were studied by comparing different dynamic causal models of beta phase coupling in and between hemispheres. While a broadband low frequency effect was found for any task preparation in bilateral prefrontal cortices, preparation for overt speech production was specifically associated with left-lateralized alpha and beta suppression in temporal cortices and beta suppression in motor-related brain regions. Beta phase coupling in the entire speech production network was modulated by anticipation of overt reading. We propose that the processes underlying the setup of the speech production network connect relevant brain regions by means of beta synchronization and prepare the network for left-lateralized information routing by suppression of inhibitory alpha and beta oscillations.
Background: Numerous cases of swine-origin 2009 H1N1 influenza A virus (H1N1)-associated acute respiratory distress syndrome (ARDS) bridged by extracorporeal membrane oxygenation (ECMO) therapy have been reported; however, complication rates are high. We present our experience with H1N1-associated ARDS and successful bridging of lung function using superimposed high-frequency jet ventilation (SHFJV) in combination with continuous positive airway pressure/assisted spontaneous breathing (CPAP/ASB).
Methods: We admitted five patients with H1N1 infection and ARDS to our intensive care unit. Although all patients required pure oxygen and controlled ventilation, oxygenation was insufficient. We applied SHFJV/CPAP/ASB to improve oxygenation.
Results: Initial PaO2/FiO2 ratio prior SHFJV was 58-79 mmHg. In all patients, successful oxygenation was achieved by SHFJV (PaO2/FiO2 ratio 105-306 mmHg within 24 h). Spontaneous breathing was set during first hours after admission. SHFJV could be stopped after 39, 40, 72, 100, or 240 h. Concomitant pulmonary herpes simplex virus (HSV) infection was observed in all patients. Two patients were successfully discharged. The other three patients relapsed and died within 7 weeks mainly due to combined HSV infection and in two cases reoccurring H1N1 infection.
Conclusions: SHFJV represents an alternative to bridge lung function successfully and improve oxygenation in the critically ill.
Many hominin species are best physically represented and understood by the sum of their dental morphologies. Generally, taxonomic affinities and evolutionary trends in development (ontogeny) and morphology (phylogeny) can be deduced from dental analyses. More specifically, the study of dental remains can yield a wealth of information on many facets of hominin evolution, life history, physiology and ecological adaptation; in short, the organisms paleobiomics. Functionally, teeth present information about dietary preferences, that is, the dietary niche in ecological context and, in turn, masticatory function. As the amount and types of information that can be gleaned from 2-dimensional tooth measurement exhaust themselves, 3-dimensional microscopic modeling and analysis presents a largely fertile ground for reexamination and reinterpretation of dental characteristics (Bromage et al., 2005). As such, a novel, non-destructive approach has been developed which combines the work of two established technologies (confocal microscopy and 3D modeling) adapted specifically for the purpose of mineralized tissue imaging. Through this method, 3D functional masticatory and therefore occlusal molar microwear is able to be visualized, quantified and comparatively analyzed to assess dietary preference in Javanese Homo erectus. This method differs from other microwear investigative techniques (defining 'pits'- vs- 'scratches', microtexture analysis etc.) in that it defines a molars masticatory microwear functional interactions in 3-dimensions as its baseline dataset for further interpretations and analyses. Due to poor specimen collection techniques employed during the first half of the 20th century, the very complex geologic nature of the Sangiran Dome and disagreements over its chronostratigraphy, only very few scientific works have addressed the Sangiran 7 (S7) Homo erectus molar collection (n=25) (e.g. Grine and Franzen, 1994; Kaifu, 2006). Grine and Franzen's (1994) work was a predominantly qualitative initial assessment of the specimens and identified five specimens that might better be ascribed to a fossil pongid rather than H. erectus. They also noted several molars to which tooth position (M1 or M2) was unable to be ascribed (Grine and Franzen, 1994). Kaifu (2006) comparatively examined crown sizes in several S7 molars.
The Sangiran 7 collection originates from two distinct geologic horizons: ten from the older Sangiran Formation (S7a, ~1.7 to 1.0mya) and fifteen from the younger, overlying Bapang Formation (S7b, ~1.0 to .7mya). During this million year period, Java was connected to the mainland during various glacio-eustatic low-stands in sea level. These mainland connections varied in size, extent, climatic condition and therefore in faunal and floral composition. As the S7 sample may be representative of the earliest Homo erectus migrants into Java and spans long durations of occupation, its investigation yields potential to understand the various influences climatic and ecogeographic fluctuations had on these populations. Since the sample consists only of teeth, an ecodietary approach has been deemed the most logical and appropriate investigative approach. Questions regarding the intra- and inter- S7 sample
relationships will also be addressed.
By comparing various aspects of the H. erectus dentition against that of hunter/ gatherer's (H/G) whose diet is known, functional dietary similarity can be directly correlated. Thus a comparative molar sample consisting of the below historic hunter/ gather's (n=63) has been included in order to assess H. erectus's diet in ecological context: Inuit (n=9), Pacific Northwest Tribes (n=11), Fuegians (n=11), Australian Aborigines (n=12) and Bushman (n=20). Methodologically, this approach produces a 3D facet microwear vector (fmv) signature for each molar which can then be compared for statistical similarity.
Microwear (and, as such, the fmv signatures) was defined by the regular, parallel striations found on specific cusp facets known to arise from patterned, directional masticatory movements. This differs significantly from post-mortem or taphonomic microwear which produces striations at irregular angles on multiple, non-masticatory surfaces (Peuch et al.1985, Teaford, 1988). A 'match value' is produced to determine the similarity of two molars fmv's. The 'match values' are ranked (high to low) and these rankings are used to statistically analyze and infer dietary preference: between Sangiran 7 (as an entire sample) compared against that of the historic hunter/ gatherer H. sapiens whose diet and ecogeography is known; within S7a and S7b and then among the S7 sample (eg. S7a-vs-S7b); whether the purported Pongo molars actually affiliate well with H. erectus, the hunter-gatherer's or if they demonstrate distinctly different fmv signatures altogether; whether fmv signatures are useful in distinguishing molars whose tooth position is in doubt (eg. M1 or M2).
When compared against individual H/G molars, the results show that Sangiran 7 H. erectus most closely correlates with Bushmen across all areas of fmv signature analysis. However, within broader dietary categories (yearly reliant on proteinaceous foods; seasonally reliant on proteinaceous foods; not reliant on proteinaceous foods), it was found that H. erectus most closely allied with the two hunter/ gatherer subpopulations associated with the 'Seasonally reliant on proteinaceous foods' (Australian Aboriginals and Pacific Northwest Tribes). There was also evidence for dietary change or specialization over time. As the environment changed during occupation by the earlier Sangiran to the later Bapang individuals, the dietary preference shifted from a focus on vegetative foods to a diet much more inclusive of proteinaceous resources.
These results are considered logical within the larger ecogeographic and chronostratigraphic context of the Sangiran Dome during the Pleistocene. However, a larger sample would be needed to confirm this. Although general dietary preferences can be drawn from this method, it is not possible at present to define specific foods consumed on a daily basis (eg. tubers or tortoise meat).
Out of the five specimens possibly allied with Pongo, S7-14 matched at the 'high' designation with a hunter/ gatherer, S7-62 matched 'moderately', S7-20 matched 'low' while the remaining two were not able to be matched with any other teeth for various reasons. Although designation to Pongo cannot be ruled on at this time using this method, it does demonstrate that at least two of the teeth correlate well with various hunter/ gatherer's who do not share dietary similarity with Pongo. This suggests their designation as Pongo should be more closely reevaluated. As for the four specimens whose tooth position was unsure, S7-14 matched 'highly' with 1st molars, S7-62 and S7-78 matched 'moderately' with 2nd and 1st molars respectively while S7-20 only matched at the 'low' designation. Although this approach is still exploratory, it adds another analytical tool for use in defining tooth position.
In sum, this method has demonstrated its usefulness in defining and functionally analyzing a novel 3D molar microwear dataset to interpret dietary preference. Future work would include a pan- H. erectus molar sample in order to illuminate broader populational, taxonomic and dietary correlations within and amoung all H. erectus specimens. A larger, more heterogenous historic H/G sample would also be included in order to provide a wider dietary comparative population. This method can be further extended to include and compare any and all hominins as well as any organism which produces micro wear upon it molars. Also, the data obtained and resultant fmv signature diagrams have the potential to be incorporated into 3D VR reconstructions of mandibular movement thus recreating mastication in extinct organisms and leading to more robust anatomical and physiological investigations especially when viewed in the context of larger environmental conditions or changes.
We conducted measurements of the five important short-lived organic bromine species in the marine boundary layer (MBL). Measurements were made in the Northern Hemisphere mid-latitudes (Sylt Island, North Sea) in June 2009 and in the tropical Western Pacific during the TransBrom ship campaign in October 2009. For the one-week time series on Sylt Island, mean mixing ratios of CHBr3, CH2Br2, CHBr2Cl and CH2BrCl were 2.0, 1.1, 0.2, 0.1 ppt, respectively. We found maxima of 5.8 and 1.6 ppt for the two main components CHBr3 and CH2Br2. Along the cruise track in the Western Pacific (between 41° N and 13° S) we measured mean mixing ratios of 0.9, 0.9, 0.2, 0.1 and 0.1 ppt for CHBr3, CH2Br2, CHBrCl2, CHBr2Cl and CH2BrCl. Air samples with coastal influence showed considerably higher mixing ratios than the samples with open ocean origin. Correlation analyses of the two data sets yielded strong linear relationships between the mixing ratios of four of the five species (except for CH2BrCl). Using a combined data set from the two campaigns and a comparison with the results from two former studies, rough estimates of the molar emission ratios between the correlated substances were: 9/1/0.35/0.35 for CHBr3/CH2Br2/CHBrCl2/CHBr2Cl. Additional measurements were made in the tropical tropopause layer (TTL) above Teresina (Brazil, 5° S) in June 2008, using balloon-borne cryogenic whole air sampling technique. Near the level of zero clear-sky net radiative heating (LZRH) at 14.8 km about 2.25 ppt organic bromine was bound to the five short-lived species, making up 13% of total organic bromine (17.82 ppt). CH2Br2 (1.45 ppt) and CHBr3 (0.56 ppt) accounted for 90% of the budget of short-lived compounds in that region. Near the tropopause (at 17.5 km) organic bromine from these substances was reduced to 1.35 ppt, with 1.07 and 0.12 ppt attributed to CH2Br2 and CHBr3, respectively.
Contribution of sulfuric acid and oxidized organic compounds to particle formation and growth
(2012)
Lack of knowledge about the mechanisms underlying new particle formation and their subsequent growth is one of the main causes for the large uncertainty in estimating the radiative forcing of atmospheric aerosols in global models. We performed chamber experiments designed to study the contributions of sulfuric acid and organic vapors to formation and to the early growth of nucleated particles, respectively. Distinct experiments in the presence of two different organic precursors (1,3,5-trimethylbenzene and α-pinene) showed the ability of these compounds to reproduce the formation rates observed in the low troposphere. These results were obtained measuring the sulfuric acid concentrations with two Chemical Ionization Mass Spectrometers confirming the results of a previous study which modeled the sulfuric acid concentrations in presence of 1,3,5-trimethylbenzene.
New analysis methods were applied to the data collected with a Condensation Particle Counter battery and a Scanning Mobility Particle Sizer, allowing the assessment of the size resolved growth rates of freshly nucleated particles. The effect of organic vapors on particle growth was investigated by means of the growth rate enhancement factor (Γ), defined as the ratio between the measured growth rate in the presence of α-pinene and the kinetically limited growth rate of the sulfuric acid and water system. The observed Γ values indicate that the growth is dominated by organic compounds already at particle diameters of 2 nm. Both the absolute growth rates and Γ showed a strong dependence on particle size supporting the nano-Köhler theory. Moreover, the separation of the contributions from sulfuric acid and organic compounds to particles growth reveals that the organic contribution seems to be enhanced by the sulfuric acid concentration. The size resolved growth analysis finally indicates that both condensation of oxidized organic compounds and reactive uptake contribute to particle growth.
During the 1930s through the 1940s and into the 1950s, Spanish and German presentations in opposition to ardent nationalism share strikingly common aesthetic and ideological strategies supporting claims to a transnational, international space. Specific examples of common geography, identity and language in German and Spanish presentations (theater, short stories, reports, essays, speeches and poetry) in Spain and Latin America by German (Regler, Renn, Uhse), Spanish (J. Bergamin, R. Alberti, M. Aub) and Latin American (D. Rivera, P. Neruda, C. Vallejo) intellectuals, artists and activists during the 1930s through the 1950s will be explored. For example, German-speaking audiences and artists in Spain and Mexico shared a common lived and aesthetic space as Spanish-speaking audiences and artists. Further, many German presentations were translated into Spanish and visa versa. Here, presentations in “Das Wort” and “El Mono Azul” in Spain as well as “Freies Deutschland/Alemania libre” in Mexico will be referenced in developing a sense of re-definition of the concept of ‘foreign’ and ‘commonness’ beyond simply nationality (tradition, history and geography) and language. The impetus for an alternative, international and even revolutionary ‘space’ (as defined by Henri Lefebvre in The Production of Space) was produced in and through common Spanish and German strategies and realizations in their presentations. This Spanish-German example from the early/mid-part of the 20th century is a significant contribution to contemporary interdisciplinary discussions in the 21st century.
To study the effect of galactic cosmic rays on aerosols and clouds, the Cosmics Leaving OUtdoor Droplets (CLOUD) project was established. Experiments are carried out at a 26.1 m3 tank at CERN (Switzerland). In the experiments, the effect of ionizing radiation on H2SO4 particle formation and growth is investigated. To evaluate the experimental configuration, the experiment was simulated using a coupled multidimensional computational fluid dynamics (CFD) – particle model. In the model the coupled fields of gas/vapor species, temperature, flow velocity and particle properties were computed to investigate mixing state and mixing times of the CLOUD tank's contents. Simulation results show that a 1-fan configuration, as used in first experiments, may not be sufficient to ensure a homogeneously mixed chamber. To mix the tank properly, two fans and sufficiently high fan speeds are necessary. The 1/e response times for instantaneous changes of wall temperature and saturation ratio were found to be in the order of few minutes. Particle nucleation and growth was also simulated and particle number size distribution properties of the freshly nucleated particles (particle number, mean size, standard deviation of the assumed log-normal distribution) were found to be distributed over the tank's volume similar to the gas species.
Nach muslimischer Auffassung kommt der Mensch mit bestimmten gottgegebenen Anlagen ausgestattet auf die Welt. Diese Anlagen entwickeln sich unter vielfältigen Umwelteinflüssen fort. Diese Weiterentwicklung sollte adäquat zur natürlichen Veranlagung geschehen, um eine gesunde Entwicklung zu sichern (positive Erziehung) und eine Fehlentwicklung zu unterbinden (negative Erziehung). Um eine gute und gesunde Entwicklung zu gewährleisten, sollte dem Individuum natürliche positive Bildung und Erziehung zugänglich sein. Dies geschieht meist in der Kindheit und Jugend und ist Aufgabe der Erwachsenen. Die wichtigsten Erwachsenen für ein/en Kind/Jugendlichen sind die Erwachsenen der Familie und der Lehrer. Gemeinsam mit der Familie ist der Lehrer verantwortlich für die Fortentwicklung der natürlichen Anlagen des Zöglings. Im Gegensatz zur Familie ist die Verantwortung des Lehrers professioneller Art. Er wirkt ab dem ersten Kontakt des Schülers mit der Schule sichtbar auf ihn ein. Um am Ende dieser Einwirkung ein positives Ergebnis zu erzielen, ist der Lehrer angehalten die Problemstellungen seiner Aufgabe und ihre Lösungen zu kennen. Denn sowohl die Bildung als auch die Erziehung sind dynamischveränderlich und wie alles auf dieser Welt ständig in Veränderung. Der Lehrer spielt in der islamischen Bildungs- und Erziehungstradition eine große Rolle, weil der Prophet Muhammad als solcher gilt. Demgemäß genießt der Lehrerberuf als der „Beruf des Propheten“ ein hohes Ansehen. Die folgenden Kapitel eruieren die Rolle des Lehrers aus dieser Ausgangslage heraus.