Concrete Facts Research Articles

부당 보전처분을 이유로 한 손해배상 - 대법원 2023. 6. 1. 선고 2020다242935 판결 -

If the creditor of a preservative measure loses the litigation on the merits, the creditor's intention or negligence in executing the preservative measure is presumed. This is the established position of our precedents. This precedents’ position is basically reasonable because preservative measures are made under the sole responsibility of the creditor based on an unilateral vindication by the creditor. Unless there is special evidence to the contrary, the creditor who loses the litigation on the merits is responsible for compensating the debtor for the damages suffered by the execution of the wrongful preservative measure. However, it is necessary to approve the rebuttal of presumption of the creditor’s intention or negligence more flexibly considering the concrete validity of each case. Especially when there are specific circumstances in which it is difficult to attribute the execution or maintenance of preservative measures solely to the creditor, it is not appropriate to place the responsibility entirely on the creditor. Examples include: Where legal assessment is difficult due to complex facts. Where the result of the litigation on the merits is overturned by a higher court due to such difficulties. Where it is difficult to determine whether it is due to a gap in facts or a gap in legal evaluation because the facts and the legal evaluation ore the interpretation of the law are closely intertwined. In the case of the the Supreme Court Decicion, the complex factual situations involving the amount of damages against the infringement of intellectual property rights led to divergent conclusions of the lower and higher court. The conclusions were different not because the facts that underlie the judgments were decisively changed, but because there were differences in legal evaluation or interpretation of the same facts. In these cases, it would be appropriate to consider that there is a substantial reason to rebut the presumption of the creditor's intention or negligence. There is a clear need to warn creditors to prevent wrongful preservative measures and to make creditors bear the damages from them. However, it is also undesirable to make the creditors hesitate to exercise their rights even when there is significant reason to believe that they are justified. As the creditor’s responsibility for wrongful preservative measures is imposed from the perspective of fairness, when and to what extent the responsibility should be imposed must be determined by fully considering the concrete facts and special characteristics of each case.

GLOBALIZING SOCIETY AND THE COSMOPOLITAN PERSONALITY

The global changes in the 21st century regarding human populations speak of the changed position regarding the nation-state and the attempts of its institutions to control social, economic, and political life, as it has been done for centuries. In itself, this is a symptom of serious changes in the relationship between man and the world. The process of globalization, related to the crisis that the nation-state is going through, does not necessarily mean a finding of its decline. Rather, it expresses the fact that in the state of globality, the nation-state finds itself in a completely changed environment to which it must find ways to adapt to be able to define itself anew. The process of cosmopolitanism can be accepted as one of the options for this self-determination. Regionalism as a socio-structural phenomenon is limited at certain times by the social space and the individuals in it. Rationalism is a form of glocalization, while cosmopolitanism allows for this mobility, both of and in the social, and for the formation of a specific, cosmopolitan worldview on the part of the individual. Today, we as "mobile people" are characterized not only by our technological mobility (owning and carrying with us various technological gadgets) but also by our extremely flexible and (if we wish) full awareness of what is happening around us. us. Another question is, however, whether the setting of internal limitations by the person himself in front of himself, and of what he will undertake as an action, will be realized as an intention or will have the strength to set before himself as a goal to overcome and extinguishes the risky situations that await him in the future. Even if cosmopolitan in spirit, individual human subjectivity will always be the bearer of concrete facts such as origin, bioanthropological characteristics, value, and moral specifics, but they are not the leading ones. The individual specifics are the individual nuances in the rich originality that represents the cosmopolitan personality. Cosmopolitanism as the current and future social trajectory of humanity must be and lead to the absence of antagonistic, separating boundaries that are embedded in our human nature.

Публична дипломация за климата: градовете като нов участник

We are witnessing a deepening climate crisis that not only threatens people’s livelihoods and hinders development, but raises important geopolitical issues: sovereignty, territorial integrity and access to resources such as water, food and energy. It has the potential to cause significant impacts on societies, undermining people’s security and increasing the risks of conflict and instability. Addressing them requires a strategic and coordinated response at the global level. The tools of public diplomacy are among the possible steps for solutions and responses. While climate diplomacy largely refers to negotiations between governments in the context of the United Nations Framework Convention on Climate Change (UNFCCC), numerous scientific analyzes and concrete facts show that climate issues and the „diplomacy“ surrounding them go beyond this narrow perspective or frame. A large percentage of climate initiatives are actually carried out by global networks of cities.

Globalizing Society and the Cosmopolitan Personality

The global changes in the 21st century regarding human populations speak of the changed position regarding the nation-state and the attempts of its institutions to control social, economic, and political life, as it has been done for centuries. In itself, this is a symptom of serious changes in the relationship between man and the world. The process of globalization, related to the crisis that the nation-state is going through, does not necessarily mean a finding of its decline. Rather, it expresses the fact that in the state of globality, the nation-state finds itself in a completely changed environment to which it must find ways to adapt to be able to define itself anew. The process of cosmopolitanism can be accepted as one of the options for this self-determination. Regionalism as a socio-structural phenomenon is limited at certain times by the social space and the individuals in it. Rationalism is a form of glocalization, while cosmopolitanism allows for this mobility, both of and in the social, and for the formation of a specific, cosmopolitan worldview on the part of the individual. Today, we as “mobile people” are characterized not only by our technological mobility (owning and carrying with us various technological gadgets) but also by our extremely flexible and (if we wish) full awareness of what is happening around us. Another question is, however, whether the setting of internal limitations by the person himself in front of himself, and of what he will undertake as an action, will be realized as an intention or will have the strength to set before himself as a goal to overcome and extinguishes the risky situations that await him in the future. Even if cosmopolitan in spirit, individual human subjectivity will always be the bearer of concrete facts such as origin, bioanthropological characteristics, value, and moral specifics, but they are not the leading ones. The individual specifics are the individual nuances in the rich originality that represents the cosmopolitan personality. Cosmopolitanism as the current and future social trajectory of humanity must be and lead to the absence of antagonistic, separating boundaries that are embedded in our human nature.

The Impact Of Implementing Legislation For Individuals Who Commit Crimes In The Marine Environment Is Currently Being Assessed

This research is entitled Legal Sanctions for Perpetrators of Marine Ecosystem Crime because they want to emphasize that everyone, both individuals and corporations, who commit environmental damage, especially marine ecosystems, must be responsible for their actions and be ready to face criminal sanctions in accordance with statutory regulations. This research uses normative juridical legal research methods, using three approaches: statute approach, conceptual approach, and case approach. The research materials used in this research are primary and secondary legal materials. In writing this article, deductive analysis was used to organize data and research. This method of investigation is based on general principles to explain specific events or general theories based on concrete facts. The aim of this research is to find and analyze law enforcement against individuals who commit violations of destroying marine ecosystems. The research findings indicate that countries are responsible for preserving marine ecosystems through effective regulation and law enforcement. However, the implementation of these regulations still faces challenges, such as limited resources and coordination among agencies. The study provides recommendations to strengthen the role of countries in preserving marine ecosystems, including enhancing institutional capacity, strengthening law enforcement, and forming partnerships with the private sector and communities

Из истории насильственного выселения чеченцев и ингушей: к 80-летию депортации (1944–2024 гг.)

During the years of the Stalinist regime, the authorities used destructive measures to influence both individual groups of people and entire nations. The Chechen and Ingush peoples turned out to be victims of lawlessness and arbitrariness, which became part of the official policy of the totalitarian regime. The study of Stalin’s deportation policy during the ongoing war, with the diversion of a significant number of military, transport, and material resources, allows a more critical approach to understanding the course of the historical process in the USSR. Based on concrete historical facts, the presented article examines the nature of the deportation of Chechens and Ingush, carried out in the winter of 1944, and its consequences. Identifying the causes of the deportation of peoples during the Great Patriotic War and debunking the myth of their collaboration remains one of the urgent scientific tasks. According to many researchers, the deportation policy was carried out by the Soviet government as a preventive measure, as punishment for cooperation with the Germans, to solve demographic problems. However, upon serious analysis, the listed reasons turn out to be untenable and the true goals of mass repression have not been revealed to date.

Mind to move: Differences in running biomechanics between sensing and intuition shod runners.

Delving into the complexities of embodied cognition unveils the intertwined influence of mind, body, and environment. The connection of physical activity with cognition sparks a hypothesis linking motion and personality traits. Hence, this study explored whether personality traits could be linked to biomechanical variables characterizing running forms. To do so, 80 runners completed three randomized 50-m running-trials at 3.3, 4.2, and 5m/s during which their running biomechanics [ground contact time (tc), flight time (tf), duty factor (DF), step frequency (SF), leg stiffness (kleg), maximal vertical ground reaction force (Fmax), and maximal leg compression of the spring during stance (ΔL)] was evaluated. In addition, participants' personality traits were assessed through the Myers-Briggs Type Indicator (MBTI) test. The MBTI classifies personality traits into one of two possible categories along four axes: extraversion-introversion; sensing-intuition; thinking-feeling; and judging-perceiving. This exploratory study offers compelling evidence that personality traits, specifically sensing and intuition, are associated with distinct running biomechanics. Individuals classified as sensing demonstrated a more grounded running style characterized by prolonged tc, shorter tf, higher DF, and greater ΔL compared to intuition individuals (p≤0.02). Conversely, intuition runners exhibited a more dynamic and elastic running style with a shorter tc and higher kleg than their sensing counterparts (p≤0.02). Post-hoc tests revealed a significant difference in tc between intuition and sensing runners at all speeds (p≤0.02). According to the definition of each category provided by the MBTI, sensing individuals tend to focus on concrete facts and physical realities while intuition individuals emphasize abstract concepts and patterns of information. These results suggest that runners with sensing and intuition personality traits differ in their ability to use their lower limb structures as springs. Intuition runners appeared to rely more in the stretch-shortening cycle to energetically optimize their running style while sensing runners seemed to optimize running economy by promoting more forward progression than vertical oscillations. This study underscores the intriguing interplay between personality traits of individuals and their preferred movement patterns.

The Administration of the Costs in Virtual and Actual Education and Through the Method “Break-Even-Point”. In Biology-Chemistry

The universities, as well the public as the private, will try to implement an university policy that tries to overcome the academic, administrative, teaching and economic problems that would be found in view of the concrete fact that they ignore the behavior of those categories that explain such inconvenient. In the best of the cases, they are know problems too specific as the traditional lack of elements and equipment, the lack of training the staff of certain administrative levels, the inadequacy of locals, elaboration of modules, presentation of advises and obviously it’s established a direct relation between the magnitude of these problems and the insufficiency of financial resources. This project made the application of the method “Break-even-point” (balance point) of the Costs In Virtual Education (VE) and Actual Education (AE) in University Education. The project presents the relation of fixed costs and variable costs and the influence that the number of students in the Biannual Total Cost by program has, such is the case of Education Degree: Biology-Chemistry.

The Importance of Examples in the Philosophy of Carl Hempel

The purpose of the article is to analyze the meaning of examples in C. Hempel’s works. Hempel uses many examples referring to readings of magnetic hand, burning of white phosphorus, predictions of properties of some elements of the table of Mendeleev, to astrophysical hypotheses, terms of total solar eclipse, throwing of dice, as well as on unmarried men, on white and black swans, green mermaids, black crows and white shoes, blue roses, predictions of Jones’ recovery, the eruption of Vesuvius, the assassination of Julius Caesar, and other “special cases” and “concrete facts”. The question is raised as to whether the case studies are mere illustrative material, a form of argumentation; a way of verifying Hempel’s ideas, their “demonstrable confirmation”, and in this sense a definite empirical basis for the study. The necessity of analyzing concrete examples in the context of Hempel’s theoretical research is shown, for which the examples turn out to be an occasion for investigating the logic of confirmation and the logic of explanation, for analyzing the structures of explanans and explanandum, for understanding the differences in inductive and deductive logical constructions, and for analyzing “quasi-induction”. The paper discusses Hempel’s famous example, the crow paradox, which is named in his honor and is a kind of logical provocation.

The impact of a single “Body technique vitality protocol” treatment on vitality restoration: a randomized trial in urban women

Purpose: The main purpose of the study was to investigate the efficiency and factorial validity of a newly developed vitality questionnaire (AMRJ) in women. Methods: In this randomized trial over six weeks, 161 women were randomly included. Each category of age represents one period of life as follows: 17.5 years (adolescence), 30 years (menstruation and sexual activity), 45 years (perimenopause) and 60 years (menopause). Opposed to subjective vitality status questionnaire (SVS), the AMRJ was designed to understand one's personal perception of posture, body tissue, breathing, self-perception of health, pain and quality of life. Results: For the AMJR, the two-factor solution explained 64% of variance among items, and all items loaded highly with their underlying factors (all λ > .55). A large effect size (d= - .89) was observed for 17.5-year-olds, and a medium effect size (d=- .50) was observed for 60-year-olds. Furthermore, current vitality ratings from the AMJR questionnaire were significantly larger as well after the intervention, but the interpretation of the significant interaction terms goes in another direction. In AMJR, the effects of the intervention increased with the participant’s age. The intervention effect had a medium effect size for 17.5-year-olds (d= .67), and a large effect size (d= - .92) for 60-year-olds. Conclusions: The AMJR questionnaire brings a new perspective on self-measured vitality and is published for the first time with the affiliated presentation of validity. It shows current and potential vitality associated with the physical domain. Potential point as a concrete individual fact brings objective goals and important motivational stimulus for vitality improvements.

THE EMPEROR MARCUS AURELIUS ANTONINUS ELAGABALUS AND THE TRIAD OF EMESA: AZIZOS AND MONIMOS, COMPA-NIONS OF SOL INVICTUS ELAGABAL

Through the analysis of the structure of the religious pantheon of the city of Emesa and of several coins specific to the emperor Elagabalus, in this paper we shall try to check whether the individual stars present in these coins could be identified as concrete astronomical facts with a religious significance, applying the parameters established for these studies. In Roman coins, the presence of sym bols of an astronomical nature is very common and has received different interpre tations. More precisely, the symbol of the star appears in the coins of different em perors, individually or in greater or lesser numbers. In light of the religious policy of Elagabalus, we might conclude that these stars, depending on their position on the reverses of the studied coins, could be identified with the god Azizos – the mor ning star – or with the god Monimos – the evening star –, gods accompanying the Sun Invictus Elagabal in the triad of Emesa.

Convince with facts: Information effects on attitudes to the sickness insurance in Sweden

AbstractDoes factual information matter for policy evaluations and attitudes? Previous research has provided different, and partly contradictive, replies to this question. To test the effect of concrete facts on attitudes, we provide findings from a survey web‐experiment concerning satisfaction with the universal sickness insurance. The treatments in the experiment are short facts from official reports on how the insurance actually work and is used. Our dependent variables are general satisfaction with how the insurance works, as well as trust for the responsible agency administering the insurance and more specified perceptions on capacity, precision, and fairness of the insurance. The results show that under certain circumstances, policy‐specific information does have an effect – even though the effects are not consistent. Effects of the information were mainly found on general evaluations of the sickness insurance rather than on specific attitudes. Furthermore, we conclude that, contrary to expectations, the effects were not conditional on left–right position, subjective knowledge, political interest, or proximity.

Stable Autochthonous Polylexical Units with Extralinguistic Motivation in the Motivational Phraseological Dictionary

The problem of the motivation of the linguistic sign is more and more in sight of European linguistics, in the direction of even creating a new discipline, motivational linguistics. In the Motivational Phraseological Dictionary, Chisinau, 2023, whose author is the undersigned, it is proposed to conceive the genesis of stable polylexical units by indicating the type of motivation - the extralinguistic one, as well as by the aspect of their origin, they being indigenous and general. Indigenous polylexical units refer to the realities of the surrounding world: what describe daily life; what concerns professions and trades; with reference to man's exterior world; related to fauna; having military lexis; related to natural phenomena; taboo expressions. In the given communication, we will focus on some components of the given polylexical units that express some indigenous Romanian symbols and motifs, they being part of the language culture of our people. The motivation behind the origin of some stable polylexical units (SPU) is explained by the fact that they appeared on their own land, being indigenous, having their origin in the Romanian language, even if they have counterparts in other languages. When they appeared, SPU were initially denominative language units, motivated, when they named certain concrete facts from the surrounding world, or connotative units, motivated, in the case that the speaker expresses his/her attitude towards a certain fact in life. With the time, along with the evolution of language and society, some motivated SPU have remained motivated, their components or one of them keeping the meaning. The explanation lies in the fact that only these language units can name certain lexical and grammatical values, contribute to the elimination of equivocation, etc.

Efforts to create an erroneous perception in historiography: The case of Stefan Ihrig

Although history is a science based on concrete documents and information in the study of the past, it has started to be used as a tool of political powers, power centers, and groups who want to gain benefits by creating perceptions. As a result of the falsification of concrete facts, popularized history has started to replace real history and manipulate social perceptions. Dozens of popular historiographies create erroneous perceptions about the Turkish nation. These include the Blue Book, which portrays the 1915 events as the Armenian genocide, George Horton's "The Scourge of Asia", which claims that the Great Smyrna Fire was started by the Turks, and Margaret Housepian Dobkin's "Smyrna 1922: The Destruction of a City". One of these is Stefan Ihrig's "Atatürk in the Nazi Imagination". Immediately after the publication of the book by Harvard University Press, newspapers close to the Nazi Party and speeches of politicians within the party began to emphasize the admiration of the Nazis and Hitler for Atatürk, and it was discussed that Hitler took Atatürk as a role model. In particular, the book, which attempted to draw similarities between the Armenian deportation and the Holocaust, was also adopted and supported by some publications supporting the Armenian claims in order to strengthen the "so-called Armenian Genocide" allegations. This study aims to demonstrate the use of popular historiography as a method to create erroneous perceptions of societies by taking the book "Atatürk in the Nazi Imagination" by Stefan Ihrig as an example.

Conceptualizing a transdisciplinary nexus for addressing complex problems

We envision opening a way of perceiving the transdisciplinary Hidden Third as a transcendental nexus of both passive and active causal powers reflecting and engaged with the external structures that create the complex social realities in which we live. It is in these realities and their possible worlds that the revealing of our relational capacities and activating (actualising) potentialities occurs. We propose that innovative and co-created solutions to complex problems can emerge when something at work within each person helps very differently minded people with a stake in an issue to realise that they have capabilities and potential that can be actualised situationally. To facilitate this idea, we adopt a notion of transindividuality, which is constitutive through relationality. This is a futural process of imaginal thinking and imaginary thinking. We suggest that when temporarily functioning in an intermediate inner universe (mundus imaginalis), and by operating between the empirical (concrete facts) and the abstract (e.g., meditative thinking), active imaginal powers foster emergent solutions unbounded by the positivistic framing problems and their future consequences. We conceptualized a transdisciplinary nexus that draws from the mundus imaginalis and the Hidden Third to provide deeper insights into the role that people’s inner images of the world play when engaging in transdisciplinary problem solving.

THE ROLE OF ECONOMETRIC MODELING IN IMPROVING EFFICIENCY OF UZBEKISTAN LIGHT INDUSTRY

The article analyzes the problems in the light industry production network on a global scale and on the example of the Republic of Uzbekistan. The importance of the light industry network in the world, especially in the economy of Uzbekistan, and the need to develop the network have been justified. The main problems in the development of light industry, the source of their emergence are described scientifically, and a mechanism for solving them is proposed. As a result of the research, the criteria for their scientific justification and identification are researched when determining the priorities for the development of light industry in the country. In this, the prerequisites for the primary application of the need for econometric modeling to achieve efficiency in the field are based. Also, the importance of econometric modeling in the development of light industry is presented in concrete facts.

Suffixal borrowed lexical items and features of their transformation in modern European languages (on the material of modern terms)

This work is a scientific research, based on the comparison of different terminological branches, where the terminological units of the most influential foreign languages are presented. This approach is relevant in our time due to the globalization of the world economy. Because the globalization process is active, regardless of the attitude to it of some countries or some groups of the population. The descriptive method and elements of the structure-typological method are used in the work. The process of creation of modern legal and economic terms is studied synchronously; when the need arises to explain the origin of terms, to show the path taken by this or that term, the author turned to etymological dictionaries, i.e. the data of dichrony was obtained. Thus, the novelty of the research lies in the fact that for the first time in the formation of alternative words, which we are all used to and do not perceive them as such, described ways of adapting terminoelelements of classical origin in near-spoken and non-spoken Indo-European languages (Ukrainian, German, French, English). However, they underwent a difficult historical process of formation, being transformed into the hyphenated aphixi or medial parts of modern terms, for which the old Greek and Latin languages were their bosoms. The paper presents a detailed analysis of the dictionary definitions, in the structure of which the final terminological elements are highlighted. Suffixal borrowed lexemes of modern terms are considered in terms of their semantic analysis and morphology of the Latin language as the most common final elements in European languages. The hypothesis of complete or partial adaptation of the structural elements is confirmed and the ways and means of their penetration into the systems of various languages are considered. This article is also based on the deductive method and is an attempt to substantiate the study of language phenomena and their regularities through the singular to the riddle. There are no guesses, conjectures, notions, fantasies. The work is based on concrete language facts, formalized and synthesized into general conclusions, and interpreted into semantic models. In the future they can be used in information and speech languages and the systems that serve them. The new trends of Industry 4.0 and related technologies are impossible without the exchange of data put by people in an automated system. That is why we are creating in real time the future basis that defines the cultural identification of people.

URGENSI PENGGUNAAN MEDIA PEMBELAJARAN BERBASIS TEKNOLOGI

THE URGENCY OF USING TECHNOLOGY-BASED LEARNING MEDIA. The progress of the times has become a conversation every day, and has become a new habit in life. Technology plays a role in relation to the progress of the times, developments have spread to all sectors, including the education sector. In the learning process, the use of effective and efficient media to improve the quality and competence of students in order to be able to achieve learning objectives is very necessary. Various learning media provide flexibility for educators to design learning according to the characteristics of students. The presence of this technology-based learning media gives a new color and style to the world of education. With the technology that enters the world of education, it is expected to be able to change conventional habits towards modernization. In this study, several concrete facts are presented regarding the use of technology-based learning media so that they can be used in educational institutions in each educational unit, following the learning styles and characteristics of students. Where this learning has an important role in the order of human life, and as an alternative to an image and sound-based media to convey learning material.

The Other Mrs. Clemm

The Other Mrs. Clemm

THE ROLE OF OMNIBUS LAW IMPLEMENTATION ON THE WOMEN WORKERS PROTECTION: AN DESCRIPTIVE ANALYSIS OF LABOR LAW IN INDONESIA

Regulatory problems and disharmony of laws and regulations in labor law in Indonesia have forced the government to reform regulations through the omnibus law which aims to reduce the unemployment rate in Indonesia. The concept of a rule of law (rechtsstaat) adopted by the state Indonesia includes the protection of human rights as well as legal certainty and based on the law. Economic development is very important for increasing the level of social welfare. The existence of the Omnibus Law actually has a negative impact on the Indonesian workforce, especially for women workers. Women workers as a vulnerable group of people are the object of study in this study. The purpose of this research is to find out the complexity, implications, and conception of the omnibus law for the protection of female workers in Indonesia. The research method used is descriptive-analytical, namely by providing an overview of actual problems based on concrete facts. The conclusions from this study are directed at the government to better protect workers belonging to vulnerable groups of society, especially women in the future regulation of the omnibus law. Working women are the most affected group of workers. The results and findings of this study find a bright spot, namely where the omnibus law specifically only benefits investors or corporations and forgets about fulfilling workers' rights, one of which is reducing minimum wages and termination of employment without demands.