Concept Of Ownership Research Articles

Children's Conceptions of Ownership for Self and Other: Categorical Ownership Versus Strength of Claim.

Children are capable of viewing object ownership as categorical and exclusive, but ownership claims can also vary by degree. This study investigated how children use these different conceptions of ownership in a giving and a taking task. In two studies, 4- to 7-year olds (N=105) could give and take craft objects that they or another child had found (weaker claim) and made (stronger claim). In Study 1, no additional ownership information was given, and in Study 2 categorical ownership was stated ("these belong to you"). The results showed that children used categorical ownership for their own objects but used ownership strength for the other child's objects, taking more of the found items.

Factors Influencing the Use of English Demonstratives

The purpose of this study is to investigate which factors influence the choice of English demonstratives and to examine Koreans’ use of English demonstratives. Two experiments were conducted in the research – one was to examine which factors decide the degree of focus, the concept used in the theory suggested by Strauss (1992) as one of the criteria of demonstrative choices, and the other was to explore whether Korean students know that the focus of entities as well as distance affects the use of English demonstratives. For both experiments, task-type questionnaires were used and the results were analyzed using chi-square statistics. In Experiment 1, native English speakers and Korean adults who are advanced learners of English participated. The study indicated that both of the groups were influenced most by ownership among the three factors, ownership, meaningfulness, and price. Experiment 2 was carried out subsequently to investigate if the concept of ownership in fact influence Korean high school students’ use of English demonstratives. The results indicated that ownership, the factor which was used as a substitute of focus in this experiment, did not affect high school students’ choices much. These results suggest that they might not be yet aware of the fact that not only distance but also other aspects such as ownership can have an impact on the choice of English demonstratives.

Introduction

Introduction

“An orgy of licence?” Democracy and property redistribution in Poland and the Baltics in their international context, 1918–1926

The article argues that property redistribution was a major tool of democratization and nationalization in Poland and the Baltics. It provided governments with a means to give peasants a stake in the new democratic states, thus empower the new titular nations and at the same time marginalize former elites, who became national minorities. The most significant acts of property redistribution were the land reforms passed between 1919 and 1925, which achieved the status of founding charters of the new states. Activists of the disenfranchised minorities conceptualized minority protection as the “Magna Carta” of the international order, which should contain the principle of national self-determination and thus safeguard private property, the protection of which was not clearly regulated by international law. By examining the contingencies of the aftermath of the war in East Central Europe as well as discussions about changing conceptions of property ownership in both East Central and Western Europe, the article shows that land reform was meant to counter Bolshevism, but, at the same time, created the impression abroad that the new states themselves displayed revolutionary tendencies and did not respect private property — an image that became a significant argument of interwar territorial revisionists.

데이터 소유권 개념을 통한 정보보호 법제의 재구성

정보 주체의 개인정보 등 데이터 소유권의 핵심은 때로는 데이터를 교환수단으로 거래에 제공하여 무료 디지털 서비스 등 경제적 이익을 얻거나(데이터의 재화적 측면), 때로는 이러한 경제적 이익을 반납하고 데이터를 시장으로부터 회수하여 오남용과 보안 침해의 위험을 제거하고 스스로를 세상으로부터 다시 숨길 수 있어야 한다는 것(데이터의 비재화적 측면)이다. 법제도는 정보 주체의 소유권 행사와 관련한 이러한 선택들을 존중하고, 표준화, 옵트아웃 제도 등을 통해 거래비용을 낮춤으로써 이에 조력해야 한다. 현행 정보보호법 체계의 중핵을 이루는 사전 고지·동의 요건은 거래비용을 높여 데이터 소유권 행사를 방해하는 잘못된 거래규제이며, 법제도는 대신 데이터 활용에 고도의 위험성이 수반되어 예외적으로 외부성이 존재하는 사례들에 규제를 집중해야 한다.

The Concept of Ownership in Roman Law

On the basis of an analysis mainly focussed on the legis actiones, the formulary trial and the actio Publiciana, it is shown that there was no substantive difference betwixt absolute and relative ownership: both species of ownership concerned absolute rights. As well-known, the demise of the legis actiones signified for Max Kaser the end of relative ownership. However, the co-existence of different actions founded upon the meum esse claim suggests that ownership was relative even under the formulary system. It appears therefore that the co-existence of absolute rights over the same thing was a characteristic element of Roman law during the period examined. Possible clashes between these rights were resolved at procedural level. This account of ownership finds some support in Cicero’s work. : Auf der Basis einer Analyse, die sich hauptsachlich auf die legis actiones, das Formularverfahren und die actio Publiciana konzentriert, wird gezeigt, dass es keinen bedeutenden Unterschied zwischen absolutem und relativem Eigentum gibt: beide Arten des Eigentums betreffen absolute Rechte. Wie bekannt ist, bedeutete das Verschwinden der legis actiones fur Max Kaser das Ende des relativen Eigentums. Allerdings weist die Koexistenz verschiedener Klagen, die auf dem meum esse Anspruch beruhen, hin, dass das Eigentum selbst gemas des Formularverfahrens relativ ist. Es scheint deswegen, dass die Koexistenz absoluter Rechte an der selben Sache wahrend der untersuchten Periode ein charakterisches Element des romischen Rechtes war. Mogliche Konflikte zwischen diesen Rechten wurden auf Verfahrensebene gelost. Die darstellende Erlauterung des Eigentums findet Unterstutzung in Ciceros Werken.

Genetic testing for amelogenesis imperfecta: knowledge and attitudes of paediatric dentists.

Genetic testing is increasingly applied across healthcare reflecting the value to diagnosis, clinical decision-making, service organisation and advancement of the research-informed evidence base. Patient expectations are changing. Genetic testing has not been part of dental practice. Introduction of an NHS-targeted gene panel test for amelogenesis imperfecta (AI), a heterogeneous genetic disorder affecting enamel appearance and function, represents a paradigm shift. This impacts on specialists in paediatric dentistry and other members of the dental team delivering longitudinal care for individuals with AI. To evaluate the opinions of paediatric dentists on genetic testing for dental conditions using AI as the exemplar. Two focus groups of nine UK NHS paediatric dentists each were audio recorded (September 2016) and transcribed verbatim. Qualitative analysis was undertaken using Interpretative Phenomenological Analysis (IPA). A wide range of views reflected existing insight and understanding. Three core concepts of justification, ownership and challenges emerged. The clinicians were generally open to involvement with genetic testing in paediatric dentistry, but required more support. Areas for clarification and professional development were identified as important in ensuring that genetic testing in dentistry, which is currently in its infancy, reaches translational potential and enhances patient care as this area of healthcare continues to advance rapidly.

The Effect of Psychological Ownership on Corporate Entrepreneurship: Comparisons Between Family and Nonfamily Top Management Team Members

Does family membership differentiate family and nonfamily top management team (TMT) members’ ownership-based motivations to pursue corporate entrepreneurship? We adopt the concept of psychological ownership to answer this question. Based on a sample of 192 TMT members from 90 Korean companies, this study found that family and nonfamily TMT members do not differ in the levels of psychological ownership of the organization or that of the job, nor do the two groups differ in the emphasis they place on corporate entrepreneurship. Family involvement and nepotism mitigate this relationship, but only for nonfamily TMT members. These results help reconcile discrepant findings for family versus nonfamily TMT members’ agency and stewardship behaviors.

Além da habitação, muito aquém da apropriação: produção de moradia e representação nos distritos centrais da cidade de São Paulo

Analisando o recorte temporal dos últimos 15 anos no que tange à questão da habitação nos distritos centrais da cidade de São Paulo, é necessário referir o papel dos movimentos populares, em especial aqueles que lutam por moradia numa área cujo significado para a presente discussão é fundamental quando se querem destacar os conceitos de propriedade privada, apropriação do espaço e função social da propriedade. As representações do espaço construídas, destruídas e reconstruídas na linha do tempo também são centrais nesta discussão. A contradição mostrada pelos números na produção de moradias nas áreas centrais da cidade de São Paulo nos últimos anos recoloca a questão da inviolabilidade da propriedade privada no Brasil. A luta desses movimentos populares é agora confrontada com as recentes mudanças políticas pelas quais o país vem passando e sugerem que a resistência deve continuar e ser ampliada.

Ownership in the virtual world and the implications for long-term user innovation success

Virtual worlds have become an arena for user-generated innovation enabling a new wave of entrepreneurs to extract real world value from virtual property. Interestingly, virtual world property and revenue generation are understudied and the concept of ownership in the metaverse is distinct and more complex than in the real world. In this article, virtual user innovation and ownership are conceptualized in two layers: (1) the content, and (2) the virtual platform. In-depth case studies of virtual user innovators are used to understand the role of ownership ambiguity in relation to success in a virtual environment. The data consists of transcripts from courts (1279 pages), blogs, interviews and expert commentary regarding six virtual user innovators. The findings reveal that the separation of content and platform ownership and their inherent interdependencies are a source of ownership tensions posing significant challenges to entrepreneurs. Moreover, the virtual world business model favors the platform's ownership rights while undermining other kinds of competing ownership interests. The current structures around ownership rights and control seem detrimental for successful business creation, profitable technology development and long-term user innovation success. The implications for theory and the practical implications for virtual entrepreneurs are discussed.

Ownership of personal data in the Internet of Things

This article analyses, defines, and refines the concepts of ownership and personal data to explore their compatibility in the context of EU law. It critically examines the traditional dividing line between personal and non-personal data and argues for a strict conceptual separation of personal data from personal information. The article also considers whether, and to what extent, the concept of ownership can be applied to personal data in the context of the Internet of Things (IoT). This consideration is framed around two main approaches shaping all ownership theories: a bottom-up and top-down approach. Via these dual lenses, the article reviews existing debates relating to four elements supporting introduction of ownership of personal data, namely the elements of control, protection, valuation, and allocation of personal data. It then explores the explanatory advantages and disadvantages of the two approaches in relation to each of these elements as well as to ownership of personal data in IoT at large. Lastly, this article outlines a revised approach to ownership of personal data in IoT that may serve as a blueprint for future work in this area and inform regulatory and policy debates.

From Windfall Sharing to Property Ownership: Prosocial Personality Traits in Giving and Taking Dictator Games

The dictator game is a well-known task measuring prosocial preferences, in which one person divides a fixed amount of windfall money with a recipient. A key factor in real-world transfers of wealth is the concept of property ownership and consequently the related acts of giving and taking. Using a variation of the traditional dictator game (N = 256), we examined whether individual differences under different game frames corresponded with prosocial personality traits from the Big Five (politeness, compassion) and HEXACO (Honesty-Humility, Emotionality, eXtraversion, Agreeableness, Conscientiousness, Openness to Experience) (honesty-humility, agreeableness) models. In the Big Five model, the effects of prosocial personality traits were generally stronger and more consistent for taking than for giving, in line with a “do-no-harm” explanation, whereby prosocial individuals felt less entitled to and less willing to infringe on the endowments of others. In contrast, HEXACO honesty-humility predicted allocations across both frames, consistent with its broad association with fair-mindedness, and providing further evidence of its role in allocations of wealth more generally. These findings highlight the utility of integrating personality psychology with behavioral economics, in which the discriminant validity across prosocial traits can shed light on the distinct motivations underpinning social decisions.

Overview of Korean Supreme Court Case Law Regarding Beneficial Ownership

This article provides an overview of Korean Supreme Court (KSC) decisions regarding how the concept of beneficial ownership in tax treaties is applied and how the Korean-source income derived by foreign transparent entities is taxed in Korea.

Creating Mechanisms to Get Good Access to Beneficial Ownership Information in International Context

International initiatives to enhance tax compliance and reduce the extent and impact of illicit financial flows have now been ongoing for over two decades, led primarily by the Organisation for Economic Co-operation and Development (OECD), the Financial Action Task Force (FATF), the Global Forum on Transparency and Exchange of Information for Tax Purposes (Global Forum), the European Union (EU), the United Nations Office of Drugs and Crime (UNODC), and the World Bank. Increasingly, the various forums, bodies, panels, and countries involved in developing policy responses to the issue of illicit financial flows are recognising that there are synergies between these regimes and initiatives that, if harnessed properly, can multiply the effectiveness of current individual approaches. For instance, while the stated purpose of the FATF Standards on transparency and beneficial ownership is to prevent the misuse of corporate vehicles for money laundering or terrorist financing, the implementation of these Standards supports efforts to prevent and detect other predicate offences such as tax crimes and corruption, while reinforcing jurisdictions’ capacity to meet their legal obligations arising from related international standards such as the UNCAC, the Criminal Law Convention on Corruption, the OECD Convention on Combating the Bribery of Foreign Public Officials in International Business Transactions, and the Standard for Automatic Exchange of Financial Account Information. Common to many of these regimes and standards is the shared recognition that the identification of the ultimate beneficial owners of accounts and of corporations is crucial to detecting, tracking, and preventing illicit financial flows, by enabling authorities to more effectively and efficiently “follow the money”. The aim of this paper is to provide the necessary contextual information around beneficial ownership, and its place in the broader transparency agenda, in order to enhance understanding amongst stakeholders of what is meant by the concept and what its effective implementation requires. Part I sets out a broad overview of current and historical developments in the financial transparency agenda. Part II provides an outline of the relevant international frameworks that prescribe the collection, verification, and disclosure requirements for beneficial ownership information (being, primarily, the AML/CFT FATF Standards and the bilateral/multilateral mechanisms for exchange of information for tax purposes). Part III discusses the benefits of, and barriers to, effective collection, disclosure and exchange of beneficial ownership information, and outlines practical steps that can be taken to enable and/or reinforce verification systems. Part IV establishes an overview of recent international developments on the concept of beneficial ownership. It presents a factual description of the initiatives taken by the OECD, the Global Forum, the FATF, the Extractive Industries Transparency Initiative, World Bank, UNODC, Transparency International and Tax Justice Networks. Part V seeks to provide some useful practical-oriented recommendations on short- to medium-term actions that could be taken in these types of capacity-constrained environments to improve transparency and enhance the effectiveness of current tools and practices for combatting illicit financial flows.

Preventing major accidents: Conditions for a functional risk ownership

In this article, we use the concept of risk ownership to clarify the question of agency in matters that concern the prevention of major industrial accidents. We determine who may be considered as a risk owner and what functions risk owners may have, given the challenges inherent in complex systems. We argue that major accidents may be viewed as failures of risk ownership and that improving risk ownership may help resolve particular systemic issues highlighted in investigation reports. To support such improvements in practice, we propose ten conditions for the emergence of a functional risk ownership, eight of them applying to all risk owners and two concerning pivotal risk owners. They focus on the context of risk owners, on what may enable them to make sense of their task and what may help them intervene in a way that, in sum, serves the prevention of major accidents. They emphasise on the need for continuous adaptation and for disrupting oversimplifications. They advocate complementarity rather than unification of insights and judgments, and problematize the lack of critical thinking, contradictions and disagreements. They recommend to develop strong “safety advocates” with the necessary legitimacy to make the case for system safety throughout a socio-technical system.

An Adaptive Insertion and Promotion Policy for Partitioned Shared Caches

Cache replacement policies in chip multiprocessors (CMP) have been investigated extensively and proven able to enhance shared cache management. However, competition among multiple processors executing different threads that require simultaneous access to a shared memory may cause cache contention and memory coherence problems on the chip. These issues also exist due to some drawbacks of the commonly used Least Recently Used (LRU) policy employed in multiprocessor systems, which are because of the cache lines residing in the cache longer than required. In image processing analysis of for example extra pulmonary tuberculosis (TB), an accurate diagnosis for tissue specimen is required. Therefore, a fast and reliable shared memory management system to execute algorithms for processing vast amount of specimen image is needed. In this paper, the effects of the cache replacement policy in a partitioned shared cache are investigated. The goal is to quantify whether better performance can be achieved by using less complex replacement strategies. This paper proposes a Middle Insertion 2 Positions Promotion (MI2PP) policy to eliminate cache misses that could adversely affect the access patterns and the throughput of the processors in the system. The policy employs a static predefined insertion point, near distance promotion, and the concept of ownership in the eviction policy to effectively improve cache thrashing and to avoid resource stealing among the processors.

Who Owns the Patient? an Examination of the Concept of Ownership in Health Care Ethics

Who Owns the Patient? an Examination of the Concept of Ownership in Health Care Ethics

Trust Law in the Process of Reunifying East and West Germany<br>How a legal concept foreign to German law was the solution to merge a socialist and a capitalist economy between 1989 and the present

In the run-up to the Re-Unification of the East and West Germany in the 1990's the governments faced a problem, how do we integrate two political systems without causing a collapse of the economy and livelihoods. In order to counter the aforementioned the East-German government initiated the Treuhandanstalt, a piece of legislation that would govern over State Owned Enterprises in order to ready them for either investors to take over or for liquidation. In so doing the similarities between the Anglo-Saxon Trust and the Germanic Treuhand is of extreme interest, namely; in what manner did the German government design the Treuhandanstalt? Was it focussed on the Germanic tradition, of does it draw heavily from the common law trust? This paper focusses on the similarities and differences between the two concepts of ownership.

ПРАВОВЫЕ ПРЕДПОСЫЛКИ НАЦИОНАЛЬНОЙ ТРАГЕДИИ В ТОРГОВО-РАЗВЛЕКАТЕЛЬНОМ ЦЕНТРЕ «ЗИМНЯЯ ВИШНЯ» Г. КЕМЕРОВО

The article briefly describes the consequences of the national tragedy that took place on March 25, 2018 in the Winter Cherry shopping mall in the city of Kemerovo, and rapidly assumed measures. Measures of investigation are proposed to be added with the consideration of rightful premisses that caused the tragedy and, of course, to propose options for improving governance. It was noted that the state of shock of people did not immediately allow to pay attention to the rightful premisses that determined the inaction of officials of bodies of government that were obliged in accordance with the current legislation to “prevent” such offenses in the Russian Federation. The analysis of measures of “subjects of offenses prevention” in the Russian Federation is given. It is shown that the power structure, which is “ the right, power and will on something, discretion, commanding,” because of the lack of feedback in principle can not be guaranteed against gross errors, the number of which in this situation can be reduced only due to the genius of the governor. The reason for this can be called the delegation of functions and the lack of control over their implementation in social institutions, beginning with the Presidential Administration of the Russian Federation, which, “assisting”, i.e., “helping ... in any case” to the President of the Russian Federation, under quite legal foundation if desired can solve the problems of citizens who applied themselves. This can be justified by the combination of the functions of the “authority” and “legal entity” engaged in profittaking, which causes “the permissiveness of the social institution, its officials and the destruction of the individual” in the power structures. It is suggested taking into account the real constantly changing social environment to move to management based on the principle of feedback. The material basis for the implementation of management based on the principle of “feedback” should be a new concept of ownership as a complex object, including objects and subjects of ownership, the relationship of property subjects to property objects, as well as the relationship between property subjects over the formation, accumulation, alienation (seizure), appropriation, exchange, protection, defense (protection), distribution and redistribution of property objects and other relations. Since the owner refers to the property objects as his own, as to their own, and accordingly - a non-proprietor refers to them as a stranger who does not belong to them, then to eliminate such a legal conflict, it was suggested, having retained private property, to move within part 1 of Art. 244 of the Civil Code of the Russian Federation, to public property, within the framework of which each citizen becomes a co-owner without the allocation of his share. In this case, the governor, with the preservation of all his privileges and using the principle of the division of labor and specialization, acquires the right to use only, that is, to receive, benefit from the property object and manage (dispose), ie create conditions for extracting the most useful properties from the property object in the interests of both society and its enterprising part, but without the right to determine their fate; bear the burden on the contents of the property objects transferred to it, not violate the rights of owners and third parties and be liable for failure to perform duties, improper performance of duties, improper exercise of their rights.

The Concept Of Land Ownership In The Perspective Of Islamic Law

Everything in the earth belongs to Allah. Human are given an authority by Allah as kholifah to prosper the earth as the human’s responsibility to Allah. Whoever have/authorize a land considered having a mandate from Allah should comprehend the intended law established by Allah so that what the human do as a kholifah toward the authority and ownership of land in their territorial as the essence of transfer from Allah in order to manage, watch, distribute, and guide the use of land in accordance with Allah’ aim to create the earth for the sake of human’s prosperity and of public goodness (al-maslahah al-’âmmah).