Normative Concept Research Articles

The Concept Of Legal Norms Of Personal Data Protection Related To Data Processing In The Form Of Artificial Intelligence

Issues examined in this study: first, How is the protection of personal data related to data processing in the form of artificial intelligence in Indonesia. Second, what is the concept of the existing legal norms of personal data protection related to data processing in the form of artificial intelligence. The method of research is carried out in literature with the type of normative legal research, according to dogmatic issues related to the emptiness of norms. Findings in this study found the protection of personal data related to data processing in the form of artificial intelligence in Indonesia there are two views. In this regard, the protection of personal data in data processing through artificial intelligence in Indonesia has no legal certainty to be protected. Because legal certainty refers to the application of clear, fixed, consistent and consequent laws whose implementation cannot be influenced by subjective circumstances. The concept of existing legal norms for personal data protection related to data processing in the form of artificial intelligence special arrangements stipulated in Law Number 27 of 2022 can be said to have accommodated personal rights. However, the existing condition of artificial intelligence norm is only legally domiciled as a legal object, because it is needed by the party responsible for the actions of artificial intelligence. Legal liability for the actions of artificial intelligence can be charged or imposed on the organizers of artificial intelligence.

The value of public service media: What does the public expect?

In today’s competitive media landscape, the future of public service media (PSM) depends on maintaining its legitimacy among the public. While previous research has predominantly approached legitimacy-as-process, with focus on the normative perspective of PSM’s public value, this study adopts a legitimacy-as-perception approach to explore the expectations of the public. Consequently, it examines the extent to which citizens’ and normative perspectives align. Through data from 10 focus group discussions (with 60 participants) conducted in the Czech Republic, we identified four primary dimensions for public expectations for PSM: (1) the expected roles and functions of PSM; (2) the general characteristics of PSM content (to define the desired nature of PSM content); (3) the principles governing the functioning of PSM (to outline how PSM should operate) and (4) specific requirements for PSM news and non-news content. The study shows that, compared to existing normative conceptualisations of PSM’s public value, the public focusses mostly on individual value and, to a limited extent, on societal value, while entirely neglecting industry value. Additionally, rather than referring to abstract concepts, citizens’ expectations revolve around more concrete functions and tasks, with a common denominator: both distinctiveness from commercial media and distinctiveness from multinational VOD platforms that offer globalised content.

The Visual Integration of Semantic and Spatial Information of Objects in Naturalistic Scenes (VISIONS) database: attentional, conceptual, and perceptual norms.

The complex interplay between low- and high-level mechanisms governing our visual system can only be fully understood within ecologically valid naturalistic contexts. For this reason, in recent years, substantial efforts have been devoted to equipping the scientific community with datasets of realistic images normed on semantic or spatial features. Here, we introduce VISIONS, an extensive database of 1136 naturalistic scenes normed on a wide range of perceptual and conceptual norms by 185 English speakers across three levels of granularity: isolated object, whole scene, and object-in-scene. Each naturalistic scene contains a critical object systematically manipulated and normed regarding its semantic consistency (e.g., a toothbrush vs. a flashlight in a bathroom) and spatial position (i.e., left, right). Normative data are also available for low- (i.e., clarity, visual complexity) and high-level (i.e., name agreement, confidence, familiarity, prototypicality, manipulability) features of the critical object and its embedding scene context. Eye-tracking data during a free-viewing task further confirms the experimental validity of our manipulations while theoretically demonstrating that object semantics is acquired in extra-foveal vision and used to guide early overt attention. To our knowledge, VISIONS is the first database exhaustively covering norms about integrating objects in scenes and providing several perceptual and conceptual norms of the two as independently taken. We expect VISIONS to become an invaluable image dataset to examine and answer timely questions above and beyond vision science, where a diversity of perceptual, attentive, mnemonic, or linguistic processes could be explored as they develop, age, or become neuropathological.

Advancing an Embodied Understanding of Accessibility for Persons with Disabilities

Abstract The UN Convention on the Rights of Persons with Disabilities (CRPD) includes accessibility among its general principles and articulates it in Article 9. Further, accessibility obligations are included in several other provisions of the Convention. In that regard, the CRPD recognizes the significance of accessibility as an enabling factor, and as a precondition for persons with disabilities to participate fully in society. Embracing an interdisciplinary approach, and on foot of arts-based research in the form of inclusive dance, this article aims to re-construe the inherent dimensions of accessibility as a normative concept. It puts forward an ‘embodied understanding’ of accessibility with a view of advancing existing legal analysis and adding to traditional cognitive ways of knowing. On the whole, this article identifies three inherent and intertwined facets of such embodied understanding of accessibility—namely, respect for difference, collaboration and care, and layered complexity. It argues that this embodied understanding may help achieving the overall paradigm shift of the CRPD.

Justification of directions for improving the means of regulating innovative relations within the limits of the sustainable development policy in the European Union

The object of this study is existing regulatory approaches to determining the place and purpose of innovations within the economic system of the European Union (EU), in the context of the implemented policy of sustainable development. In the course of research and generalization of the sustainable development policy of the European Union, it was established that the purpose and role of innovations have not been properly identified. Only the absolute nature of innovation rights is registered while no restrictions in favor of meeting public interests are recorded. It has been proven that this does not meet the needs of the participants of innovative relations and negatively affects the scaling and implementation of innovations. The expediency of improving the existing normative concept of determining the place and role of innovations within the framework of the sustainable development policy of the European Union has been substantiated. Recommendations regarding areas of such improvement have been formed. As such recommendations, the need to formalize the definition of the normative construction of innovations on the basis of international recommendations "Oslo" is highlighted. The need to spread regulatory restrictions on the impact of innovations based on such criteria as industrial and man-made safety has been proven. The expediency of introducing additional guarantees for developers of innovations is also substantiated. The need to make changes to the provisions of such international treaties and agreements as the Horizon Europe Framework Program has been proven. The study is aimed at forming general theoretical foundations for improving the essence of regulatory techniques for identifying forms of technology transfer. The practical significance of the research results is that the generated results could be used in the formation of international normative acts, recommendations of international institutions, acts of national legislation, and serve as a basis for further scientific research on these issues

Shielding deliberation 150 citizens at a time? Competing narratives of citizens’ assemblies as drivers for a better-informed EU citizenry

This paper reveals a discursive struggle in the EU “deliberative wave” to define under which leadership and methodologies Citizens’ Assemblies (CAs) are institutionalised in the EU. Despite the lack of academic consensus, disinformation is an articulating element of the different competing narratives. The research question guiding this paper is: How do the EU “deliberative wave” actors frame CAs as drivers of a better-informed citizenry? Through theory-building methods, semi-structured interviews, and drawing on how CAs are framed as tools against disinformation, four prevailing narratives are identified: anti-political deliberation, self-legitimising deliberation, scientific deliberation, and radical deliberation. CAs do not necessarily foster a better-informed citizenry or a more inclusive democracy: each narrative implies a different normative conception of the public sphere and democracy. Depending on the type of actor and their objectives, they will gravitate towards the narrative that best allows them to position their particular interests.

Eugenio Bulygin’s Methodological Legal Positivism (In Memory of an Outstanding Personality)

This article is dedicated to the memory of Eugenio Bulygin (1931–2021)—a native of Kharkiv and an eminent Argentine legal philosopher, honorary professor at the University of Buenos Aires, president of the International Association for Philosophy of Law and Social Philosophy (1999–2003), and one of the most influential representatives of contemporary legal positivism. Drawing on autobiographical details, memories of friends, and the author’s personal interactions with this remarkable figure, the article outlines the key stages of Eugenio Bulygin’s life and work: his Kharkiv, Austrian, Argentine, and cosmopolitan periods. The profound impact of his academic contributions and personality on the development of contemporary philosophy and legal theory in Ukraine is positively evaluated. Special attention is devoted to analyzing Eugenio Bulygin’s legal-philosophical worldview, which he unequivocally identifies as legal positivism. However, upon deeper analysis, his understanding of law incorporates distinctive features and can be defined as analytical, methodological, and humanistic legal positivism. The article elucidates the core methodological tenets of Bulygin’s legal theory, including his concepts of normativity, validity, and addressing legal gaps, among others. His talent for polemics is demonstrated through examples of his debates with Hans Kelsen and Robert Alexy.

Truth as Force: A Materialist Picture

ABSTRACT Truth is a contested concept, yet the current contest takes place within an idealistic picture that accords all conceptions of truth three features: truth is singular, atemporal and independent. Because of these features, conceptions of truth within the idealist picture are ‘sovereign’ conceptions of truth that lead to serious obstacles in different parts of philosophy, e.g. regarding the concept of normativity or the relationship between truth and politics. The article makes a case for changing the underlying philosophical picture in which truth is conceptualised. To that end, it sketches a materialist picture that can account for the contextuality, historicity and plurality of truth, leading to ‘non-sovereign’ conceptions of truth. Thinking of truth as a force that emerges from social practices but is not reducible to them, that is weak in comparison to other forces (like affects or social power), that exclusively targets subjectivities and that has a ‘ratchet effect’ on these subjectivities provides enough details of the materialist picture to overcome the obstacles mentioned.

Моральные интуиции: как революция в нейронауках влияет на этику, политическую философию и политические науки

New methods in neuroscience, which emerged at the turn of the 19th and 20th centuries, allowed to make a breakthrough in comprehension of the human brain functioning principles, including the situations of ethical choice. The turn to the analysis of moral intuitions was so fruitful that it led to the flourishing of moral psychology, for which moral intuitions became the main research subject. Discoveries in neuroscience and moral psychology were bound to influence the areas of knowledge, where moral dilemmas and moral intuitions have traditionally been studied, primarily ethics and political philosophy. They have also affected political science. One of the most prominent and influential in its impact on ethics and political philosophy is the concept of deep pragmatism by Joshua Greene, based on numerous empirical studies of the human brain’s response to ethical challenges. Another concept of equal and, potentially, even greater importance for these disciplines, and especially for political science, is moral foundations theory by Jonathan Haidt, which is also based on brain research and neural processes investigation. The article examines in detail Greene’s research, which led him to articulate his own normative political-philosophical concept, as well as the concept of deep pragmatism itself. It shows that even though Greene attempts to distance himself from utilitarianism, his concept is, in fact, only a new iteration of the utilitarian theory of justice, which is inferior in terms of justification to other modern versions. In the final section of the article the author explores Haidt’s moral foundations theory and its implications for philosophy and political science.

Pólis e vida boa

The main purpose of this article is to show the radically normative political conception developed by Aristotle in Book I of Politics, a conception that determines life in the city as a fundamental condition for the achievement of human excellence or virtue (ἀρετή). It is a question, therefore, of investigating how the philosopher thinks of the polis as a form of community (κοινωνία) that aims not only to ensure the necessary material and economic conditions for basic human living (ζῆν), but also to provide man with a higher locus in which he can actualize the good life (εὖ ζῆν), that is, the life understood as the realization of virtue and rationality that are proper to him, which leads to a vigorous subordination of politics to the demands of morality.

Uninterpret-Able: Bridging with Mentally Diverse Bodies

The pericope of demonic possession in Mark 5 invites us to reject a simplistic aversion to uninterpretable experiences. Engaging with Julia Kristeva’s concept of abjection encourages readers to recognize that embracing heterogeneous otherness can create new opportunities for both individuals and communities. This study critiques the limited and normative conception of mentally diverse bodies as being confined within a single boundary, and it represents the (un)interpretability of these bodies. Through a reading of Mark 5:1–20 that considers perceptions of the demonic, negotiating identity and agency, and a way of representation within a community, this study argues for the importance of mutuality, the experience of becoming a body of abject, and the epistemic acceptance of the uninterpretable in order to engage with the interpret-‘able’.

The Right to a Fair Trial: Between Normative Doctrine and Practice in the Face of Global Challenges

The article is devoted to studying the exercise of the right to a fair trial in the face of global challenges, namely, due to the impact of the situation related to the spread of the SARS-CoV-2 coronavirus. The main tendencies of implementing certain aspects of the right to a trial in criminal proceedings are analysed and determined, in particular, the access to justice, observance of reasonable terms of proceedings, independence and impartiality of the court, and quality of court decisions, their proper validity and legality. Based on the analysis of international acts, the legislation of Ukraine, the case law of the European Court of Human Rights, and the practice of the Supreme Court, the normative content, concepts and elements of the principle of the right to a fair trial are singled out. Also, the authors held a study of court statistics during the sample period (2017-2021) and analysed the state of justice according to specific indicators (the number of cases / materials and court decisions in criminal proceedings in local general courts, the number of pending criminal proceedings by local general courts, the number of applications challenging a judge, the reasons for the postponement of criminal proceedings and their percentage, the number of cases where court proceedings were carried out as a videoconference, the average number of cases and materials that were considered and had been considered per a judge, the average duration of trials in criminal proceedings (days), the number of court decisions on the consideration of issues on correction of typos, arithmetic errors in a court decision, clarification of the court decision, the number of persons in respect of whom the decision was canceled and changed due to the appeal procedure, the number of applications for review of court decisions based on newly discovered and exceptional circumstances).

Kebijakan Tentang Raperda Jogja Smart Province Pemerintah Daerah Istimewa Yogyakarta

Presidential Decree Number 20 of 2006 Information and Communication Technology (ICT)-based government management known as E-Government is using information and communication technology in government processes to increase efficiency, effectiveness, transparency, and accountability in government administration. Management of government services using ICT is implementing electronic government based on ICT to improve government performance in its relations with society, the business community, and other related groups towards good and clean governance. The research used in this research is descriptive with a qualitative approach. Meanwhile, data collection techniques use FGD techniques, observation, interviews, and documentation or literature study. Implementation of data collection methods is adjusted to the depth of information that must be explored and the availability of resources. The data taken to conduct this study consisted of primary data and secondary data. Primary data is data collected directly from the source and/or derived from direct measurements of the object of study through in-depth interviews with key figures. The research results show that the vocabulary and concept of Jogja Smart Province have been mentioned a lot, becoming a measuring point in itself. From a normative juridical perspective, the scope and concept of a smart province already have a fairly strong legal basis. Either they are originating from central government policies or from the DIY Regional Government itself. However, several things need to be added and strengthened. Conceptually, there is a need to raise the level of regulations relating to Jogja Smart Province towards the formation of regional regulation, which begins with the drafting of a regional regulation.

An adaptive mesh refinement algorithm for crack propagation with an enhanced thermal–mechanical local damage model

This paper presents a computationally effective approach for crack propagation under mechanical and thermal loads based on an adaptive mesh refinement (AMR) approach tailored for our recently developed enhanced local damage model. The mesh-dependent issue encountered in the classical local theories is effectively mitigated by incorporation of fracture energy and element characteristic length into the damage evolution function. Our previous research has demonstrated that being equipped by a novel equivalent strain derived from the bi-energy norm concept and a new damage criterion recently proposed by Mazars et al., the model provides results comparable to the reference experimental data as well as other numerical models based on non-local/gradient damage and phase field method. In the framework of computational efficiency using finite elements, we significantly enhance the performance of our enhanced local model by considering adaptive mesh refinement (AMR). The finite element mesh is locally refined in the damaged zone, and the mesh refinement is conducted on-the-fly during the analysis. For that purpose, the damage parameter whose information is stored at integration points is selected as an indicator to mark whether an element should be refined or not after every loading step. For quadrilateral element mesh, a quad-tree technique is utilized, meaning that each marked element is further divided into four smaller quadrilateral elements. The so-called hanging nodes appear during the process, and the elements are thus treated as n-gons and are constructed by the Laplace shape functions, instead of the usual Lagranges shape functions. To show the accuracy and effectiveness of the proposed scheme, several numerical examples involving homogeneous and heterogeneous materials are studied. In these examples, the damage is induced either by only mechanical loads or by both mechanical and thermal loads.

Social Norms And Norm Elicitation In Behavioral Economics

Classical economic models assume individuals make rational decisions, but behavioral economics seeks to refine these models by considering cognitive limitations. A vital aspect of this refinement is the role of social norms—unwritten rules and commonly accepted behaviors within communities. Research indicates that social norms significantly influence decisions related to giving, tax compliance, cooperation, saving, and recycling. Game theory highlights the interconnectedness of individual choices, showing that people are more likely to adhere to social norms when they believe others will do the same. It also explains how norms counterbalance in communities, where deviations from expected behavior can result in social sanctions or reputational damage. Understanding how individuals perceive and respond to these norms is crucial. Personal experiences and moral values shape individual perceptions of social norms, leading to their diversity. Norm elicitation, a research method, explores how people interpret social norms and adjust their behaviors accordingly. The norm elicitation method enables researchers to understand individuals' attitudes toward social norms and to predict norm-based behaviors by allowing social norms to be measured separately from behavior in behavioral economics. This study aims to elucidate the concepts of social norms and norm elicitation, exploring their significance in behavioral economics.

Bad-Mad-Female. Scientific Analyses of Female Violent Crime from the 1960s to the 1990s

While female capital offences have repeatedly caused astir since the beginning of the modern era at the latest, female violent crime has remained amarginal phenomenon in statistical observations for along time. Forensics, with its traditional core disciplines of psychiatry and law, also remained focused on the dangerous male perpetrator for along time in its analysis and theory development beyond infanticide: male forensic scientists analysed male perpetrators of violence.Since the 1960s, there has been an increasing number of scientific contributions on female criminality and its causes in West Germany. Women were now also analysing female criminality from aprofessional as well as from asocially critical perspective; adevelopment that gained significant momentum with the New Women's Movement and Critical Criminology.The article puts an emphasis on the discourse on female violent crime in the "old" Federal Republic of Germany. It starts out by framing the issue of women's violent crime in criminological discourse. Against this background, it examines how gender-specific constructions of criminality developed, especially in the discussion of the "dangerous mentally ill" in forensic discussion forums, how and to what extent which topoi were perpetuated and which were subject to changes. Did the analyses of female scientists differ from those of their male colleagues? What significance did critical or feminist currents or actors have?In view of social change processes (emancipation, psychiatric reform, criminal law reform), the article examines the interpretation of female violence and the connection between gender, dangerousness and mental illness. It focuses on the question of persistence, dynamisation or diversification of gender-specific constructions and normative concepts of normal/crazy in the forensic conflation of "bad and mad".

Myanmar’s redemptive revolution: constituent power and the struggle for sovereignty in the Nwe Oo (Spring) Revolution

Revolutions are thoroughly international phenomena that have shaped world-historical development, international orders and political modernity. Recent scholarship foregrounds the consequences of their constitutional politics for world affairs, emancipatory ethos and revolutionaries’ strategic agency, and has raised concerns about the prospects of subaltern self-emancipation in the wake of the Arab Spring. This article presents a study of Myanmar’s Nwe Oo (Spring) Revolution (2021-present), which follows two successive failed revolutions of the negotiated and passive kind, the limitations of which Myanmar’s revolutionaries have learnt from and overcome. Offering a counterpoint to the top-down nature of passive revolutions and predominantly peaceful transitions of negotiated revolutions, their extraordinary struggle for self-determination forces us to reconsider established models of revolution, conceptions of sovereignty and norms of non-violence in mainstream IR. The article argues that Myanmar’s Nwe Oo Revolution bears the promise of redeeming and completing previous revolutions, both inside and outside Myanmar, and even the norm of sovereignty itself: as ultimately grounded in the constituent power of a community to determine the political forms of its own existence, calling it a redemptive revolution to emphasise its distinctiveness and world-historical significance. Through it, the peoples of Myanmar remind the world of several important lessons: about the potential of mass collective action, that the power of dominant classes is not insurmountable and that the grounds of freedom rest on violence. Theirs is a particular moment of a more universal human struggle: for social freedom and political liberation, the predominant response must be solidarity, not non-interference.

Adaptation of the G-NORM (Gender norms scale) in Uganda: An examination of how gender norms are associated with reproductive health decision-making.

Restrictive gender norms exacerbate health inequalities all over the world. More specifically, they prevent women from seeking preventive health services, constrain women's economic empowerment, and are associated with reproductive health decision making. Gender norms, a subset of social norms, are dynamic and change over time. However, we lack data on how they are changing and how these changes affect health outcomes because current measures do not adequately capture the complex concept of gender norms. We originally developed and validated a gender norms scale, the G-NORM, in India. In this study, using cross-sectional data, we adapted the G-NORM from Southeast Asia (India and Nepal) to sub-Saharan Africa (Uganda) in four steps: 1. Formulation of new scale items (via qualitative analysis) 2. Cognitive Interviewing 3. Questionnaire Administration (n = 2422 women of reproductive age) and 4. Psychometric analysis (Confirmatory Factor Analysis). Like the original scale, descriptive norms and injunctive norms comprised two unique sub scales with high Cronbach's alphas (.80 & .92). Average scores differed depending on the type of norm suggesting that some gender norms are changing faster than others. Specifically, more equitable injunctive norms were associated with lower odds of partner-dominated contraceptive decision making but descriptive norms were not. Gender norms serve as a multi-faceted determinant of health and wellbeing and require measurement tools which account for their conceptual complexity. Validating the G-NORM in Uganda expands measurement options for researchers in the sub-Saharan African region working to change norms to reduce health inequalities or to understand the gender normative context before beginning a study.

Medical futility at the end of life: the first qualitative study of ethical decision-making methods among Turkish doctors

BackgroundThe swift advancement of intensive care medicine, coupled with technological possibilities, has prompted numerous ethical inquiries regarding decision-making processes concerning the withholding or withdrawal of treatment due to medical futility. This study seeks to delineate the decision-making approaches employed by intensive care physicians in Türkiye when faced with medical futility at the end of life, along with an ethical evaluation of these practices.MethodsGrounded theory, a qualitative analysis method was employed, conducting semi-structured, in-depth interviews with eleven intensive care physicians in Türkiye. The subsequent text analysis was carried out using MAXQDA software.ResultsParticipants assert that the decisions made by Turkish physicians determine whether treatment is futile, rely on medical consensus, and lack a standardized decision-making process. The decisions are influenced by legal and social pressures, resource constraints, and occasional conflicts of interest. The significance of professional hierarchy is notable, with limited consideration given to the opinions of nurses and other staff. The unstructured medical consensus processes are shaped by normative concepts such as benefit, age, justice, and conscience. Furthermore, it was observed that the conscientious opinions of physicians carry more weight than adherence to ethical principles and guidelines.ConclusionTo create optimal conditions for doctors to make ethically justifiable decisions, the dynamics within the treatment team should be improved, emphasizing the minimization of hierarchy, and ensuring the active participation of all team members in the decision-making process. Additionally, efforts should be directed toward narrowing the gap between the conscience of the individual doctor and established ethical principles. A potential solution lies in the nationwide implementation of clinical ethics committees and the establishing of clinical ethics guidelines, aiming to address, and overcome the identified challenges.

In Their Own Words: Muslim Women Reconstruct the Sexual Script

Using semi-structured, qualitative interviews of 25 heterosexual Muslim women residing in the US, the author examines the extent to which respondents simultaneously constructed and deconstructed the gender dichotomy when explaining sexuality, countering reductionist accounts of Muslim women’s sexuality. Integrating concepts of religiosity and gender norms, respondents reconfigured the dominant discourse of power and sexuality in innovative ways. One of the main themes that emerged from this research is that male sex drive discourse, typically associated with power and “machismo” within the traditional sexual script, was reimagined by Muslim women as an indicator of women’s greater strength in the eyes of God.