Browsing by Subject "LAW"

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  • Hillebrandt, Maarten Zbigniew; Leino-Sandberg, Päivi (2021)
    The system of informal legislative negotiations between the European Parliament, the Council and the Commission now exist for about two decades. While so-called 'trilogues' aim to enhance the efficiency of the legislative process, their relative lack of transparency has led them to be criticized for undermining the possibilities of member state parliaments and citizens to meaningfully oversee, debate and participate in EU legislative decision making. We explore to which extent efforts to address these shortcomings have been successful, focussing on the oversight role of administrative and judicial actors, in particular the European Ombudsman and the Court of Justice. We argue that both the institutional structures and agendas of these actors influence the way they confront the question of trilogue transparency. Whereas the Court's focus is on safeguarding EU constitutional principles relating to democracy, the Ombudsman increasingly takes an expansive view of the concept of maladministration.
  • Tuori, Kaius (2017)
    The purpose of this article is to analyze the interdisciplinary cooperation and interaction between American legal realists and anthropologists during the interwar period. Using scholarly publications and manuscripts as its sources, it argues that despite the lack of recognition in earlier studies, there were transfers of important methodological and substantive influences that were crucial to the creation of legal anthropology as it is known today, as well as the whole field of law and society studies. Writers of the era like Karl N. Llewellyn, E. Adamson Hoebel, Felix S. Cohen, Franz Boas, and Bronislaw Malinowski utilized interdisciplinary influences to criticize scholarly formalism as well as social and political conservatism, seeking to replace conceptual structures with scientific facts gained from studies.
  • Editorial Board BMJ Sexual Reprodu (2018)
  • Annila, Arto; Salthe, Stanley (2010)
  • Chacon-Tanarro, A.; Pineda, J. E.; Caselli, P.; Bizzocchi, L.; Gutermuth, R. A.; Mason, B. S.; Gomez-Ruiz, A.; Harju, J.; Devlin, M.; Dicker, S. R.; Mroczkowski, T.; Romero, C. E.; Sievers, J.; Stanchfield, S.; Offner, S.; Sanchez-Argueelles, D. (2019)
    Context. The study of dust emission at millimeter wavelengths is important to shed light on the dust properties and physical structure of pre-stellar cores, the initial conditions in the process of star and planet formation. Aims. Using two new continuum facilities, AzTEC at the Large Millimeter Telescope Alfonso Serrano and MUSTANG-2 at the Green Bank Observatory, we aim to detect changes in the optical properties of dust grains as a function of radius for the well-known pre-stellar core L1544. Methods. We determined the emission profiles at 1.1 and 3.3 mm and examine whether they can be reproduced in terms of the current best physical models for L1544. We also made use of various tools to determine the radial distributions of the density, temperature, and dust opacity in a self-consistent manner. Results. We find that our observations cannot be reproduced without invoking opacity variations. New temperature and density profiles, as well as opacity variations across the core, have been derived with the new data. The opacity changes are consistent with the expected variations between uncoagulated bare grains, toward the outer regions of the core, and grains with thick ice mantles, toward the core center. A simple analytical grain growth model predicts the presence of grains of similar to 3-4 mu m within the central 2000 au for the new density profile.
  • Stenlund, Mari; Slotte, Pamela Paulina (2018)
    Human rights theory generally conceptualizes freedom of thought, conscience, religion, and belief as well as freedom of opinion and expression, as offering absolute protection in what is called the forum internum. At a minimum, this is taken to mean the right to maintain thoughts in one’s own mind, whatever they may be and independently of how others may feel about them. However, if we adopt this stance, it seems to imply that there exists an absolute right to hold psychotic delusions. This article takes the position that this conclusion is ethically problematic from the perspective of psychiatric treatment and the rights of persons with psychosis. The article reflects on this particular challenge and sets forth an understanding of freedom in the forum internum that might apply to situations where for various reasons it is not, necessarily accurate to maintain that persons have an absolute right to their own thoughts. For the purpose of proposing such an understanding, the article engages with current debates within human rights theory and political philosophy and analyzes discussions about psychotic delusions and the way in which involuntary treatment is justified. Based on this analysis, this article in turn conceptualizes freedom in the forum internum as ‘negative liberty’, ‘authenticity’, and ‘capability’. This article suggests that when forum internum is redefined as encompassing a right to certain internal capabilities, the right remains meaningful for persons with psychotic delusions as well.
  • Bonadiman, Luca; Soirila, Ukri (2020)
    The commonly shared sentiment that human rights have reached a crisis in the form of a populist backlash has produced a vibrant discussion on the causes of and solutions to the crisis. This article seeks to contribute to that discussion by engaging with Philip Alston's important and influential essay on the topic, and in particular with his project of tackling material inequality. While agreeing with Alston that a key reason for the populist backlash is material inequality, the article challenges his view that the solution to the problem is to double down on ‘familiar strategies’ by simply providing social and economic rights a more prominent position within the human rights project. By contrast, the article suggests that a radical renewal of the human rights movement is called for – one accompanied by a more elaborate diagnosis of how human rights have been linked to inequalities and how they can engage with the structures and actors producing those inequalities. Trying to understand why human rights have lost ground to nationalism, the article suggests that a first step towards such more radical and dynamic human rights might be to unearth the now largely forgotten concept of solidarity.
  • Mamak, Kamil (2022)
    Robots are becoming more visible parts of our life, a situation which prompts questions about their place in our society. One group of issues that is widely discussed is connected with robots’ moral and legal status as well as their potential rights. The question of granting robots rights is polarizing. Some positions accept the possibility of granting them human rights whereas others reject the notion that robots can be considered potential rights holders. In this paper, I claim that robots will never have all human rights, even if we accept that they are morally equal to humans. I focus on the role of embodiment in the content of the law. I claim that even relatively small differences in the ontologies of entities could lead to the need to create new sets of rights. I use the example of Neanderthals to illustrate that entities similar to us might have required different legal statuses. Then, I discuss the potential legal status of human-like robots.
  • Könönen, Jukka (2022)
    This article discusses how administrative practices shape immigration detention policies, addressing both administrative discretion in detention orders and their judicial supervision. Due to vaguely formulated legal criteria and ineffective ex-post judicial supervision, the authorities have considerable discretionary powers in ordering detentions for noncompliant and criminalized noncitizens. Instead of being a measure of last resort, immigration detention is used in a routine manner, with little individual assessment, for the enforcement of removals and the prevention of irregular migration, as well as extensively for crime prevention. The findings demonstrate the role of the police as the main actor in the detention system in Finland, with significant implications for the formation of detention policies.
  • Taipale, Jaakko (2019)
    This article investigates how civil court judges practice meta-expertise in cases that feature contradictory and inconclusive medical expertise. The empirical case study consists of a sample of eleven Helsinki district court verdicts from 2014–2017, drawn from a larger number of similar traffic insurance compensation cases. The case-type features a medical controversy concerning traumatic brain injury (TBI) diagnostics. I contend that the difficulties judges face in evaluating the medical expertise result from epistemic asymmetries between legal and medical professionals. This study highlights the importance of explaining and understanding how judges overcome uncertainty and discriminate between expert positions. Drawing from earlier studies on meta-expertise and judges’ practice of evaluating expertise in court, I introduce the concept ‘socio-technical review’ to describe judges’ practice of facilitating highly technical and esoteric scientific expertise to needs of judicial decision making. I argue that socio-technical review is a special form of practicing meta-expertise, which effectively allows meta-experts to manage epistemic asymmetries. In examining how meta-expertise is practiced in the TBI case-type, the paper contributes to general sociological understanding of decision-making under uncertainty and suggests further studies in comparable settings.
  • Urinboyev, Rustam (University of California Press, 2021)
    While migration has become an all-important topic of discussion around the globe, mainstream literature on migrants' legal adaptation and integration has focused on case studies of immigrant communities in Western-style democracies. We know relatively little about how migrants adapt to a new legal environment in the ever-growing hybrid political regimes that are neither clearly democratic nor conventionally authoritarian. This book takes up the case of Russia—an archetypal hybrid political regime and the third largest recipients of migrants worldwide—and investigates how Central Asian migrant workers produce new forms of informal governance and legal order. Migrants use the opportunities provided by a weak rule-of-law and a corrupt political system to navigate the repressive legal landscape and to negotiate—using informal channels—access to employment and other opportunities that are hard to obtain through the official legal framework of their host country. This lively ethnography presents new theoretical perspectives for studying immigrant legal incorporation in similar political contexts.
  • Ivrii, Oleg (2019)
    We examine several characteristics of conformal maps that resemble the variance of a Gaussian: asymptotic variance, the constant in Makarov's law of iterated logarithm and the second derivative of the integral means spectrum at the origin. While these quantities need not be equal in general, they agree for domains whose boundaries are regular fractals such as Julia sets or limit sets of quasi-Fuchsian groups. We give a new proof of these dynamical equalities. We also show that these characteristics have the same universal bounds and prove a central limit theorem for extremals. Our method is based on analyzing the local variance of dyadic martingales associated to Bloch functions.
  • Taipale, Jaakko (2019)
    This study examines two different approaches in empirical analysis of judges' evaluation of expertise in court: first, an analyst-based approach that employs predefined normative criteria to measure judges' performance, and second, an actor-based approach that emphasizes interpretative flexibility in judges' evaluation practice. I demonstrate how these different approaches to investigating judges' adjudication lead to differing understandings about judges' abilities to evaluate scientific evidence and testimonial. Although the choice of analytical approach might depend on context and purpose in general, I contend that in assessing judges' competence, an actor-based approach that adequately describes the way in which judges relate to and handle expertise is required to properly understand and explain how judges evaluate expertise. The choice of approach is especially important if the resulting understanding of judges' competence is subsequently used as a basis for making normative and prescriptive claims with potential consequences for trial outcomes.
  • Virokannas, Elina Tuulikki; Liuski, Suvi; Kuronen, Marjo (2020)
    The concept of vulnerability is widely used in the social sciences as well as in policy making, health and social care services and in social work, referring to a variety of groups or individuals, but it has rarely been theoretically defined or analysed. This article provides a literature review on how vulnerability has been used and defined in academic, peer-reviewed articles published in international social science journals between 2000 and 2016. The aim is to analyse and clarify critically the concept for social work research. The article analyses themes and topics connected to vulnerability, how gender is related to vulnerability and how vulnerability is conceptualised in these articles. The analysis showed that there is an important critical commentary on the concept, but only a few efforts to specify, theoretically analyse, reconceptualise or use the concept in an innovative way. The authors suggest that in social work research, instead of vulnerable groups or individuals we should focus on vulnerable life situations, and the role of the welfare services in reducing but possibly also (re)producing vulnerability. It is also important to recognise the temporal, situational, relational, and structural nature of vulnerability.
  • Wang, Zhen-Ling; Hu, Han-Shi; von Szentpaly, Laszlo; Stoll, Hermann; Fritzsche, Stephan; Pyykkö, Pekka; Schwarz, W. H. Eugen; Li, Jun (2020)
    The Periodic Table, and the unique chemical behavior of the first element in a column (group), were discovered simultaneously one and a half centuries ago. Half a century ago, this unique chemistry of the light homologs was correlated to the then available atomic orbital (AO) radii. The radially nodeless 1s, 2p, 3d, 4f valence AOs are particularly compact. The similarity of r(2s)approximate to r(2p) leads to pronounced sp-hybrid bonding of the light p-block elements, whereas the heavier p elements with n >= 3 exhibit r(ns) MUCH LESS-THAN r(np) of approximately -20 to -30 %. Herein, a comprehensive physical explanation is presented in terms of kinetic radial and angular, as well as potential nuclear-attraction and electron-screening effects. For hydrogen-like atoms and all inner shells of the heavy atoms, r(2s) >> r(2p) by +20 to +30 %, whereas r(3s)greater than or similar to r(3p)greater than or similar to r(3d), since in Coulomb potentials radial motion is more radial orbital expanding than angular motion. However, the screening of nuclear attraction by inner core shells is more efficient for s than for p valence shells. The uniqueness of the 2p AO is explained by this differential shielding. Thereby, the present work paves the way for future physical explanations of the 3d, 4f, and 5g cases.