Classical Law Research Articles

Identity Politics, Natural Law, and Human Dignity

Rooted in Marxism and Critical Theory, identity politics upended traditional philosophical anthropology about personhood, and argues that identity is wholly manifested through economic group, social class, gender, or racial categories. Humans are ontologically viewed through their status as victims, not as fully integrated moral persons. Touted as a political issue, identity politics is at heart a philosophical and anthropological problem, and to address it one must return to a better understanding of the soul and human dignity. The resurrection of the classical Natural Law tradition is the remedy for finding common ground and rebuilding civil society, for at the heart of Natural Law is the belief in human dignity which imbues every human being with worth to be honored and respected regardless of race, sex, age, or different culture or religion. Classical Natural Law provides the theological, philosophical, and definitional background for human dignity and only if it is resurrected can “the discontent” in American culture be fully human again.

Цифровой правовой контроль как новая цивилистическая категория

Introduction: the article looks at digitalization of economy through the prism of the ‘new technological path’, Digital Earth concept, digital innovation in the framework of Industry 4.0. The focus is on the advantages and disadvantages of such digitalization from the perspective of digital legal control. In the light of the formulated thesis about the absence of a unified scientific idea of the place of digital legal control in the system of relations under private or public law, the author attempts to develop the fundamentals of the digital legal control concept, which is presented in the article as a new civil category. Purpose: to form a general idea of digital civil‐law control, its place in the system of types of digital legal control, and the areas of its practical implementation. Methods: general scientific methods used in the study include analysis, synthesis, induction, deduction, abstraction, interpretation, comparison, etc.; special scientific methods comprise legal‐dogmatic, historical‐legal, comparative‐legal methods, interpretation of legal norms, and legal modeling. Results: digital legal control is a characteristic of both public‐ and private‐law relations. The article develops doctrinal definitions of ‘digital public‐law control’ and ‘digital private‐law control’. Conclusions: in the field of public law, digital legal control is most often associated with public digital financial control. Digital legal control inherent in a civil agreement executed via a smart contract is implemented with the use of mathematical algorithms, therefore such control can be carried out both by a person and without his direct participation; however, in both cases such control is predetermined by the technical framework of a specific information system. Classical contract law is based on trust of the property turnover participants in the state system of coercion, while digital contract law is characterized by trust of the parties to an agreement in the computer code.

Flexible hydrogels connecting adhesion and wetting.

Raindrops falling on window-panes spread upon contact, whereas hail can cause dents or scratches on the same glass window upon contact. While the former phenomenon resembles classical wetting, the latter is dictated by contact and adhesion theories. The classical Young-Dupre law applies to the wetting of pure liquids on rigid solids, whereas conventional contact mechanics theories account for rigid-on-soft or soft-on-rigid contacts with small deformations in the elastic limit. However, the crossover between adhesion and wetting is yet to be fully resolved. The key lies in the study of soft-on-soft interactions with material properties intermediate between liquids and solids. In this work, we translate adhesion to wetting by experimentally probing the static signature of hydrogels in contact with soft PDMS of varying elasticity of both the components. Consequently, we probe this transition across six orders of magnitude in terms of the characteristic elasto-adhesive parameter of the system. In doing so, we reveal previously unknown phenomenology and a theoretical model which smoothly bridges adhesion of glass spheres with total wetting of pure liquids on any given substrate.

Well-posedness and stability result for Timoshenko system with thermodiffusion effects and time-varying delay term

The main aim of the present paper is to investigate a new Timoshenko beam model with thermal and mass diffusion effects combined with a time-varying delay. Heat and mass exchange with the environment during a thermodiffusion in the Timoshenko beam, where the heat conduction is given by the classical Fourier law and acts on both the rotation angle and the transverse displacements. The heat conduction is given by the Cattaneo law. Under an appropriate assumption on the weights of the delay and the damping, we prove a well-posedness result, more precisely, we prove the existence of the weak solution. Then we proceed to the strong solution using the classical elliptic regularity and we get the result by applying the Lax-Milgram theorem, the Lumer-Phillips corollary and the Hille-Yosida theorem. We show the exponential stability result of the system in the case of nonequal speeds of wave propagation by using a multiplier technique combined with an appropriate Lyapunov functions. Our result is optimal in the sense that the assumptions on the deterministic part of the equation as well as the initial condition are the same as in the classical PDEs theory. To achieve our goals, we employ of the semigroup method and the energy method.

Microreactor designed for efficient plasma-liquid segmented flows.

Microreactors were designed for gas-liquid plasma chemical processes and operated under segmented flows in a high aspect ratio (8.76) rectangular microchannel. First, the hydrodynamics of the gas-liquid flows generated at a T-junction was investigated for fifteen solvents commonly used in organic synthesis. The classical literature scaling laws were revised to describe the dependence of bubble and slug lengths, and bubble residence time on the liquid nature by introducing their liquid vapour pressure. Liquid film thickness and liquid residence time were estimated from residence time distribution experiments. Secondly, plasma could be successfully generated in these segmented flows for all the liquids. Due to the plasma dissipation of thermal energy, gas phase temperature increased and induced the lengthening of bubbles and the decrease in bubble residence time. The flow pattern was also impacted by the gas temperature increase. A flow map describing the evolution of the flow pattern under plasma conditions was built, enabling prediction of the flow pattern based on the liquid boiling point and dielectric constant. These microreactors have demonstrated great potential, and by adapting the synthesis solvent or the operating plasma conditions, they could find promising applications in gas-liquid plasma chemical processes.

Диффамация и алгоритмы: новое измерение старой проблемы

The issue of the protection of legitimate rights of persons who were defamed is not new in Russian legal science. The problem of protection of honour and dignity was known to classical Roman law and was the subject of study of Russian and Soviet lawyers. However, the classic civilistic constructions formulated in the Civil Code were formed during the era of domination of the classical mass media, especially the print media. The digital age is creating new challenges for the system of protection of the defamed that require a new vision of the appropriate protection tools, such vision being based on a deep understanding of the potential of Internet platforms to disseminate information, particularly as they apply algorithmic guidance to enhance the dissemination of information about actions of persons who may be the victims of defamation. In this article, the author explores the institution of defamation in Russian civil law and assesses its effectiveness in conjunction with information law institutions, concluding that it is necessary to supplement the legislation governing algorithmic recommendations.

Fluid dynamic parameters of naturally derived hydroxyapatite scaffolds for in vitro studies of bone cells

Hydroxyapatite scaffolds obtained from the biomorphic transformation of wood are characterized from a fluid dynamic point of view. Such material of recent introduction offers great advantages for the in vitro study of bone cells, mostly in virtue of its peculiar porous structure. Determining the flow resistance and morphological parameters of these scaffolds is an essential step towards their practical use in bioreactors and microfluidic devices. To this aim, a series of tests involving a draining fluid are performed on a set of disc-shaped scaffolds, followed by the microscopy analysis of the pores visible on the sample faces. Contrarily to what expected, a temperature dependence is observed for the flow resistance, even after normalizing it by the fluid properties. The interpretation of the experimental results is assisted by numerical outcomes from Computational Fluid Dynamics modelling, which underline some limitations in the application of classical laws to the present problem. While the complex and variable internal structure of the scaffolds prevents the systematic use of simplified formulae, a correlation is found between the flow resistance and the pore geometry, which can facilitate the characterization of further samples.

Non-Invasive Detection of Biomolecular Abundance from Fermentative Microorganisms via Raman Spectra Combined with Target Extraction and Multimodel Fitting.

Biomolecular abundance detection of fermentation microorganisms is significant for the accurate regulation of fermentation, which is conducive to reducing fermentation costs and improving the yield of target products. However, the development of an accurate analytical method for the detection of biomolecular abundance still faces important challenges. Herein, we present a non-invasive biomolecular abundance detection method based on Raman spectra combined with target extraction and multimodel fitting. The high gain of the eXtreme Gradient Boosting (XGBoost) algorithm was used to extract the characteristic Raman peaks of metabolically active proteins and nucleic acids within E. coli and yeast. The test accuracy for different culture times and cell cycles of E. coli was 94.4% and 98.2%, respectively. Simultaneously, the Gaussian multi-peak fitting algorithm was exploited to calculate peak intensity from mixed peaks, which can improve the accuracy of biomolecular abundance calculations. The accuracy of Gaussian multi-peak fitting was above 0.9, and the results of the analysis of variance (ANOVA) measurements for the lag phase, log phase, and stationary phase of E. coli growth demonstrated highly significant levels, indicating that the intracellular biomolecular abundance detection was consistent with the classical cell growth law. These results suggest the great potential of the combination of microbial intracellular abundance, Raman spectra analysis, target extraction, and multimodel fitting as a method for microbial fermentation engineering.

Arbitration in Smart Contracts Disputes – A Look into the Future

The paper explores the growing integration of blockchain technology in the legal field, specifically focusing on the emergence of smart contracts with their automated execution of contractual obligations. Technology experts believe that the use of smart contracts contributes to the eradication of disputes. However, the author challenges this claim while analyzing the disputes that may arise in this area, including classic contract law disputes and new issues specific to smart contracts. The paper focuses on whether arbitration is the optimal forum for resolving these disputes. The relationship between traditional and blockchain arbitration is explored, examining disputes that would be resolved using established methods and those suitable for the newly created mechanism. The interests of traditional arbitration do not coincide with those of blockchain arbitration. Both should cooperate and take advantage of each other. The author asserts that the flexibility and adaptability of arbitration will be its dominant advantage in addressing these disputes.

Transformation of Classical Law to Contemporary in Islamic-Based Marriage Law to Respond to Legal Developments in Indonesia

Transformation of Classical Law to Contemporary in Islamic-Based Marriage Law to Respond to Legal Developments in Indonesia

Neredovna ostava u rimskom i srpskom pravu

The irregular deposit, a contentious concept in Roman law, is believed to have its origins in the eastern provinces of the Roman Empire, sparking debates among scholars about its existence in classical law. This contractual arrangement enables the depositor to utilize the deposited funds, which they own, with an obligation to repay the same nominal amount along with associated interest upon the depositor’s request. According to research, the author contends that this institution did exist in classical law. However, the irregular deposit was absent in Serbian medieval law. The Civil Code for the Principality of Serbia, influenced by the Austrian model, did not treat the irregular deposit as a separate contract. Present Serbian law addresses it in Article 722 of the Law on Contracts and Torts. The author also highlights potential shortcomings of this institution in the Draft Civil Code of the Republic of Serbia from 2015. The paper uses linguistic, historical, and systematic interpretation of passages: Paul. Sent. 2.12.9, D.12.1.9.9, D.12.1.10, D.16.3.24, D.16.3.25.1, D.16.3.26.1, D.16.3.28, D.16.3.27, D.16.3.29.1, D.16.3.1.34, D.19.2.31. and historical method.

Qualification of private divorce in private international law of Germany

The private divorce is such a dissolution of marriage that does not require the participation of the state. The examples are the Islamic talaq in its original concept still existing in some Arabic countries, the customary divorces in some countries of Sub-Saharan Africa as well as, according to the prevailing opinion in Germany, the divorce by mutual consent in the Far-East countries (Japan, Thailand, South Korea). The problem of classifying a divorce in the situation when European legal order raises the question of its recognition is generated by the fact that there is a conflict method for assessing the validity of transactions made abroad in classical private international law, on the one hand, and, on the other hand, the divorce in the European legal orders is the public instrument which is performed by the state or at least by its active participation so that for the purpose of recognition it is submitted to the special procedure of recognition and enforcement of foreign judgments. Private international law of Germany is a unique case of dual classification of the foreign private divorce both as a public instrument (on the ground of fiction) and as a legal transaction according to the purpose of classification. To apply the procedure of recognizing foreign private divorce in Germany, such a divorce is equated to the foreign public instrument. To determine the scope of verification, such a divorce is regarded as a legal transaction and submitted to the conflict of laws-approach, not to the approach of procedural recognition.

Time for Rethinking?

The study focuses on the examination of the most fundamental concept of civil law, especially the right in rem, namely the concept of things. The author seeks to answer the question of how new phenomena appearing because of technological development, such as digital assets, including various crypto assets like tokens, can be integrated into the system of classical civil law, whether they may be subject to property rights or the civil law rules applicable to the property. To answer this question, the author first explores the concept of things based on the old Hungarian private law literature and the provisions of the earlier and current Hungarian civil codes, presenting contemporary private legal opinions. Then, she deals with the legislative extension of the rules governing things and reviews which assets have been subject to a possible revision of the conceptual framework of the thing. The author pays particular attention to the examination of digital assets, defining and classifying tokens based on the MiCA regulation recently adopted by the European legislator. In the final part of the study, the author deals with the category of non-fungible tokens, highlighting the problems that are currently identifiable and clearly need to be solved in the future.

ОЧИСТКА ПРИЗАБОЙНОЙ ЗОНЫ ПЛАСТА С ПОМОЩЬЮ АКУСТИЧЕСКИХ ВОЛН

The problem of acoustic heating of a porous medium is considered. When constructing a mathematical model, classical laws and equations were used. The law of conservation of the mass of a liquid is written for the case of the absence of sources of mass. The equation of motion is written for the case of non-stationary fluid filtration.This equation takes into account the effect of the volume friction force. The system of equations is closed using the equation of state of a liquid in a porous medium. For the boundary x equal to zero, the condition for the presence of a source of harmonic pressure waves is written, i.e. the pressure at this boundary varies according to the cosine law. Three cases are considered for the right boundary: a) the porous medium is semi-infinite, i.e. its length is much greater than the characteristic depthof penetration of acoustic waves; b) the porous medium has a finite width equal to l and the boundary at is imper- meable x l ; c) the porous medium has a finite width equal to l and the boundary at is highly permeable x l . The solution of the system of equations is sought in the form of traveling waves. Analytical solutions for pressure and filtration rate are obtained. The complex wave number is found. The volumetric heat source in a porous medium was obtained taking into account the volumetric friction force in the relative motion of the phases (liquid relative to the skeleton). It is believed that dissipation of the energy of the acoustic field occurs due to friction. The power of the dissipated energy of the acoustic field per unit volume of the porous medium is equal to the power of the bulk friction force, i.e. the product of the friction force and the true velocity of the fluid. To solve the temperature problem, the heat conduction equation with a volumetric heat source is written. When calculating the temperature of a porous medium, the average heat influx per unit volume of the porous medium over the oscillation period is used. Analytical formulas are obtained for calculating the average value of the power of the acoustic pressure forces over the oscillation period for all boundary conditions considered in the work. A numerical study of the resulting system of equations is carried out. The dependences of the acoustic field power on the circular frequency are constructed for the values of the parameters of the acoustic field, liquid, and porous medium. It is shown that as the permeability of the porous medium decreases by an order of magnitude, the power of the acoustic field also decreases by an order of magnitude. The research results can be used to determine the optimal methods and modes of impact on the bottomhole zone by the acoustic field.

Egyetemes érvényűek-e a nyugati hagyományból merített „európai értékek”?

Do the so called “European values” have any theoretical foundation? In the Preamble to the Treaty on European Union we read that their source is the “inheritance” of Europe, i. e. they are part of our specific tradition, but at the same time they are “universal”, i. e. this tradition is granted a certain privileged status. In my view this isn’t entirely true in the case of the present understanding of European values. Their dominant actual interpretation is one-sidedly individualistic, and does not take into account the reproduction of civilization itself, which is the precondition of the existence of values and individuals. If liberalism wants its own long-lasting perseverance, it needs a paradigm shift, defending not only individual interests, but the traditional form of the family and the virtues favourable to the flourishing of community itself, too. This paradigm shift requires the transformation of our present system of values. The result would be a new morality, very similar to classical natural law, and so traditionally European and universal at the same time.

INTERPRETATION OF THE SUBJECT CHANGE OF PUBLIC PROCUREMENT CONTRACTS BASED ON SUCCESSION THROUGH JUDGMENT NO C-461/20 OF THE COURT OF JUSTICE OF THE EUROPEAN UNION

During the performance of public procurement contracts such circumstances may arise that require modification of the original conditions. The freedom of classical public law contracts may not predominate as a result of the European Union directive regulations, since it is a basic requirement that the contract be fulfilled within the conditions of the original tender announcer and the offer, however the possibility of amending the contract must be ensured in cases where it is necessary. The question of the change of subject may be mentioned as a particular case. The Court of Justice of the European Union in its decision, case no C-461/20 examined the question of the change of subject arising from legal succession and examined the framework for the interpretation of the directive conditions, with regards of the context and without questioning other non-codified conditions. Based on the judgment, further issues such as the general theoretical foundations of the contract amendment, the relations between the change of subject and the contract amendment, the deviations from other directive cases due to the change of subject, the necessity of a new public procurement procedure and the unlawful omission of the public procurement procedure, may be investigated. Contract amendment options regulated in European Union directives like the above-mentioned C-461/20 of the Court of Justice of the European Union raise many questions of legal interpretation. The study analyses the legal basis that provides the possibility of subject change based on legal succession, going beyond the framework of traditional legal case analysis, comparing it with other legal bases for amending contracts, contrasting the arguments in the judgment, and relying on other relevant court decisions.

Fractional-order numerical modeling to study chloride ion transport in concrete with fly ash or slag additions.

To better study the chloride ion migration in concrete with fly ash or ground granulated blast furnace slag under low fatigue load, a Caputo time fractional-order chloride diffusion model is developed in this paper. The model, grounded in Fick's second law with a fractional-order derivative, employs an implicit numerical method for discretization, resulting in a fractional-order numerical scheme. The stability and convergence of the scheme are rigorously proven within the paper. The model's unknown parameters are estimated using genetic algorithm with a grid method. To validate the model's effectiveness, its numerical solution is juxtaposed with experimental results from chloride erosion studies. Furthermore, the fitting efficacy of the Caputo time fractional-order numerical scheme is compared with that of the classical Fick's second law numerical scheme and analytical solution. The research findings demonstrate that the fractional-order numerical scheme can more accurately simulate the chloride concentration in concrete containing fly ash or slag. Additionally, the model shows promise in predicting the service life of fly ash or slag concrete.

The Property Rights of the Church in the Roman Empire

The present paper deals with the legal capacity and especially the property rights of the growing Christian communities and church institutions within the Roman Empire from the beginning to the Justinianic era. In the beginning, the believers’ charitable donations became the property of the bishops. Later, when the local Christian communities became legal persons, the property of the bishops was separated from the property of the congregations. The local churches could already own real estate before 313. After 313, the legal capacity of the Catholic congregations was confirmed. Later, following the example of local churches, monasteries and finally charitable institutions also became legal entities. Charitable houses were also personal associations and not foundations; independent foundations – similarly to the rules of classical Roman law – did not exist in Justinianic law. The edicts of the Christian emperors greatly facilitated the acquisition of property by local churches, monasteries and charitable institutions. Furthermore, a number of legal rules were made for the special protection of ecclesiastical property.

Modeling Edge Flame Propagation for Flame Particle Tracking in the Forced Ignition Process of Turbulent Nonpremixed Jet Flame

ABSTRACT To ensure safe and reliable operation, ignition performance in propulsion and power devices needs to be thoroughly assessed. Reduced order models (ROMs) for ignition have gained increasing attention, given that first-principles models are restricted by immense computational costs that preclude rapid assessment for the design purpose. Currently, flame self-propagation is generally neglected in the ROM descriptions of ignition process and the impact on the flame front dynamics as well as the ignition probability map is not clear for low swirl or jet flames which are of interest for industrial applications. In this study, an empirical model for flame self-propagation is proposed to augment the capability of Lagrangian flame particle tracking method, a ROM model to predict ignition probability based on nonreacting flow field. The model adopts the classic scaling law of turbulent flame speed together with fuel gradient correction and flame self-propagation to mimic the edge flame dynamics during the ignition process. The model performances in terms of flame front dynamics and ignition probability map are quantified in a turbulent nonpremixed methane-air jet flame. Results reveal that only with flame self-propagation, the flame particle tracking can well capture the transient evolution of the leading flame front as observed in experiments. It is found that the predicted ignition probability map agrees well with experimental data with high ignition probability around the vicinity of the stoichiometric region at the downstream axial distance of 6 to 40 times the jet diameter. This study illustrates the importance to account for flame self-propagation to correctly predict ignition probability in jet dominant nonpremixed flames.

A comparison of dissection and 3D approaches to estimate muscle physiological cross-sectional area, validated by in vivo bite forces.

Performance traits such as bite forces are crucial to fitness and relate to the niche and adaptation of species. However, for many insects it is not possible to directly measure bite forces because they are too small. Biomechanical models of bite forces are therefore relevant to test hypotheses of adaptation in insects and other small organisms. Although such models are based on classical mechanics, combining forces, material properties and laws of levers, it is currently unknown how various models relate to bite forces measured in vivo. One critical component of these models is the physiological cross-sectional area (PCSA) of muscles, which relates to the maximum amount of force they can produce. Here, using the grasshopper Schistocerca gregaria, we compare various ways to obtain PCSA values and use in vivo measurements of bite forces to validate the biomechanical models. We show that most approaches used to derive PCSA (dissection, 3D muscle convex hull volume, muscle attachment area) are consistent with the expected relationships between PCSA and bite force, as well as with the muscle stress values known for insects. The only exception to this are PCSA values estimated by direct 3D muscle volume computation, which could be explained by noisy variation produced by shrinkage. This method therefore produces PCSA values which are uncorrelated to in vivo bite forces. Furthermore, despite the fact that all other methods do not significantly differ from expectations, their derived PCSA values vary widely, suggesting a lack of comparability between studies relying on different methods.