Influence Of Courts Research Articles

Circulation of books, manuscripts, and ideas between Hungary and Italy. Cultural transfers in the environment of György Klimo, Bishop of Pécs (1751-1777)

The period between 1750 and 1800 witnessed a significant transformation in the modernization of Hungarian culture and literature. The members of the ecclesiastical elite, who had completed their studies at the Collegium Germanicum et Hungaricum in Rome, played a pivotal role in this process; they emerged as key figures in the Catholic renewal upon their return to Hungary following their studies in Rome. Their contributions extended beyond the revitalization of the Hungarian Catholic Church and religious life, encompassing the reconstruction of bishoprics, the establishment of educational institutions and libraries, and the publication and dissemination of both religious and secular literary works. This dissemination of knowledge was also closely intertwined with the influential court in Vienna. On the one hand, the rich heritage of ancient Rome played a crucial role in reshaping the baroque tradition. High-ranking clerics began to take a keen interest in the historical context of their immediate surroundings, initiating local excavations and conducting research in the Vatican Archives. On the other hand, they were greatly influenced by the vibrant culture of contemporary Rome, including Catholic reform efforts, the patronage of the Roman aristocracy, and the volumes of recent Italian literature. This paper explores the cultural influence of Bishop György Klimo of Pécs through an analysis of his correspondence with members of the ecclesiastical aristocracy in Rome and Vienna. Notably, Klimo made significant contributions to the spreading of Ludovico Antonio Muratori’s ideas in Hungary. He also played a pioneering role in disseminating knowledge by being the first among his contemporaries to open his personal library to the public. Furthermore, he commissioned research at the Vatican to compile a comprehensive history of his diocese. By examining Klimo’s endeavors, we gain valuable insights into the transformative influence of Roman culture on the Baroque tradition in Hungary. Moreover, the analysis sheds light on the distinct and organic development of the Italian line within Hungarian culture.

Public Approval of the Supreme Court and Its Implications for Legitimacy

In examining public evaluations of governing institutions, are job approval and legitimacy related? This question has dominated scholarship on Supreme Court legitimacy for decades. Conventional wisdom suggests that specific support (e.g., job approval) and diffuse support (e.g., legitimacy) are independent. Specific support captures short-term orientations based on policy alignment with the Court. Legitimacy is a long-term perspective reflecting more fundamental support for the Court as a governing institution. We challenge the paradigm that job approval and legitimacy are largely unrelated concepts. Specifically, we employ a variety of statistical techniques and panel data to show that changes in legitimacy are a direct effect of changes in public approval. Salient decisions and Court vacancies directly shape approval and indirectly shape legitimacy through their effects on approval. Longitudinal analysis confirms that changes in job approval precede and predict changes in legitimacy. These results suggest that the Court needs public approval, and its public approval is rooted in outcome-oriented perceptions of its decisions and membership. Further, sustained low levels of approval will eventually erode legitimacy and limit the Court's influence over policy. Thus, like the outwardly political executive and legislative branches, it is important for the Court to build political capital through job approval.

Judicial hierarchy and discursive influence.

We apply a dynamic influence model to the opinions of the US federal courts to examine the role of the US Supreme Court in influencing the direction of legal discourse in the federal courts. We propose two mechanisms for how the Court affects innovation in legal language: a selection mechanism where the Court's influence primarily derives from its discretionary jurisdiction, and an authorship mechanism in which the Court's influence derives directly from its own innovations. To test these alternative hypotheses, we develop a novel influence measure based on a dynamic topic model that separates the Court's own language innovations from those of the lower courts. Applying this measure to the US federal courts, we find that the Supreme Court primarily exercises influence through the selection mechanism, with modest additional influence attributable to the authorship mechanism. This article is part of the theme issue 'A complexity science approach to law and governance'.

Impact of Campaign Regulations on Electoral Freedom

This research scrutinizes Constitutional Court Decision No. 65/PUU-XXI/2023, focusing on the intersection of campaign regulations and the fundamental right to electoral choice in a democratic society. Using a normative legal research methodology, the study delves into the legal concepts, principles, and norms governing electoral campaigns, particularly regarding their conduct in educational institutions and government facilities. This approach is both descriptive and normative, relying on existing legislation, court decisions, and supplementary academic sources to construct a comprehensive understanding of the subject. The research identifies a lack of clarity in current regulations about campaigning in educational spaces, as highlighted by the absence of specific legal guidelines in this area. The analysis of the Constitutional Court's decision and related electoral laws, including Article 280 of the 2017 General Election Law, reveals a need for more precise legal provisions to regulate campaign mechanisms and concepts effectively. The findings suggest that while existing laws aim to uphold citizens' political rights to free choice, they lack detailed implementation strategies, particularly concerning youth engagement in political processes. The study advocates for policymakers and government officials to develop legal frameworks that extend campaign outreach not only to the non-educational population but also to young voters, fostering their involvement and understanding of political contests. This would contribute to the national goal of informed and active citizenship.Highlights:
 
 Ambiguity in Campaign Regulations: The study highlights the lack of clear guidelines for conducting electoral campaigns in educational settings.
 Constitutional Court's Influence: Examines the impact of Decision No. 65/PUU-XXI/2023 on the balance between free political choice and regulated campaigning.
 Youth Political Involvement: Emphasizes the need for legal reforms to enhance the political engagement and education of young voters.
 
 Keywords: Electoral Campaign Regulation, Constitutional Court Decision, Political Rights, Youth Engagement, Legal Framework

EFFECT OF INNER COURT PROCESSING ON DAYLIGHTING OF UPI CIBIRU BUILDING

Daylighting is an important aspect of building design. Inner Court is an area in the building in the form of a garden or open space with openings on it so that natural lighting can enter. The Inner Court serves as a source of natural lighting that can provide visual comfort for users. This study aims to investigate the success of the Inner Court's influence on daylighting in lecture buildings at the University of Education Indonesia (UPI), Cibiru. The research method used is descriptive quantitative, to analyze, describe and review the object under study in accordance with the existing conditions and draw conclusions from the phenomenon using computer simulations through the Velux Daylight Visualizer program. The research focused on knowing, testing, and measuring the extent of the success of natural lighting of buildings in the Inner Court compared to without Inner Court, by producing the results of natural light obtained and measuring the ideal suitability of natural lighting with SNI in the inner space. The results show that the existence of inner court is very effective in meeting the needs of natural lighting compared to when natural lighting only relies on side openings, without using inner court. The results of the comparison of the two differences in building preparations show a very significant difference in the fulfillment of natural lighting standards according to SNI standards. The existence of Inner Court helps fulfill the needs of natural lighting, visual comfort, and reduces the use of artificial light, thus contributing to the energy efficiency of the building.

Наука и власть в политической философии Ф. Бэкона: от реформаторства к социальной критике

Introduction. The paper gives the analysis of the development of Bacon’s views on the problem of the interrelations between science and the state power. Theoretical analysis. The initial period of this development was linked to Bacon’s attempts of obtaining privileged position in the court circles during Elizabethan reign. In his treatises and speeches of 1580-90s Bacon started a propagandist campaign for the reform of science: in order to create the most effective tool of increasing its power and glory the crown had to realize the futility of scholasticism and the fraud of alchemical enterprises and to support the efforts of the researchers in improving technologies and discovering the laws of nature. This instrumentalist perspective however gained little support in governmental circles, first of all because of Bacon's sharp criticism of alchemical projects in which the most influential court men were engaged. The next stage of the development of Bacon's ideas started in early 1600s. In his treatises Bacon combined his attacks on alchemy etc. with an ethical & theological doctrine of the values of scientific research. During his spectacular career at Jacobean court Bacon exposed his doctrine to self-censure in order not to offend the monarch whose patronage he had successfully gained. However during his retirement he began a further work at this doctrine and made it the basis for his utopian novel, “The New Atlantis”. Conclusion. Baconian views on the interrelations between science and political power were shaped by his philosophical development as well as by his political experience that led his theories from administrative reformism to ethical analysis and further – to social criticism and utopianism.

Selected Thai Constitutional Court Cases 2019–2022

The Thai Constitutional Court is undeniably influential on Thai constitutional law and the Court’s jurisprudence has certainly raised debates. This fact is excellently demonstrated by other entries of this journal issue. Indeed, the cases in the Constitutional Court's docket between 2019 to 2022 have continued to influence the public discourse. The year 2019 was when Thailand transitioned back to democracy (at least formally), with the election seeing General Prayuth Chan-o-cha remain as the Prime Minister, albeit now in a legitimately democratic form. As an aftermath of this election, many cases concerning qualifications for political positions arrived at the Constitutional Court's doorsteps. Apart from that, the three years after 2019 also saw the Court rendering significant decisions in terms of civil rights, while political actions (or mistakes) made by previous governments were adjudicated upon as well. In this compilation, 11 Constitutional Court cases, not discussed by other entries in this journal, have been chosen based on the author's perception of their significance and interestingness. Hopefully, these cases may be able to provide a glimpse of the Constitutional Court's influence on Thai society during these three eventful years.

Seville, a Cultured and Influential Court: The Palace of Ibn ‘Abbād

The palace of Ibn ‘Abbād has long been the subject of study by numerous specialists, amongst whom its possible location has been considered to be the current site of the Reales Alcázares of Seville (Royal Palace and Fortress of Seville). The results derived from the archaeological interventions carried out in several sectors of this palatine complex have led us to undertake a review of all those studies that have dealt with this issue, to which we must add the rigorous analysis of the documentary sources to which we have access. In this sense, we intend to show the importance that this palace had between the 11th and 13th centuries, as well as its relationship with the rest of the official and residential spaces that make up the Alcazar of Seville. This made it necessary to return to the initial discussion regarding its location and to answer some questions that remain open to this day.

Climate change attribution and legal contexts: evidence and the role of storylines

In a recent very influential court case, Juliana v. United States, climate scientist Kevin Trenberth used the “storyline” approach to extreme event attribution to argue that greenhouse warming had affected and will affect extreme events in their regions to such an extent that the plaintiffs already had been or will be harmed. The storyline approach to attribution is deterministic rather than probabilistic, taking certain factors as contingent and assessing the role of climate change conditional on those factors. The US Government’s opposing expert witness argued that Trenberth had failed to make his case because “all his conclusions of the injuries to Plaintiffs suffer from the same failure to connect his conditional approach to Plaintiffs’ local circumstances.” The issue is whether it is possible to make statements about individual events based on general knowledge. A similar question is sometimes debated within the climate science community. We argue here that proceeding from the general to the specific is a process of deduction and is an entirely legitimate form of scientific reasoning. We further argue that it is well aligned with the concept of legal evidence, much more so than the more usual inductive form of scientific reasoning, which proceeds from the specific to the general. This has implications for how attribution science can be used to support climate change litigation. “The question is”, said Alice, “whether you can make words mean different things.” “The question is”, said Humpty Dumpty, “which is to be master — that’s all.” (Lewis Carroll, Alice’s Adventures in Wonderland).

Noble family Boutorovs in the XIX century (materials of genealogical research)

The article is devoted to the history of the Boutorovs in the XIX early XX century. The paper examines the basis for granting them the nobility, reconstructs the family tree, and traces the social and economic aspects of family history (education, service, land ownership). The research methodology is based on historical-genetic and historical-comparative methods that allow conducting genealogical research, tracing changes in the social and economic status of the family, and understanding how typical they were for the Russian nobility. The sources of the research were archival and published ego-documents of the Boutorovs, act materials and heraldic documents preserved in the Syzran branch of the CGASO and the RGIA. The authors conclude that the history of the Boutorovs was typical of the noble families that grew out of the official environment. Not having a large income, the Boutorovs were twice able to acquire an estate: the first was purchased, the other was given as a dowry. Both estates were economically profitable when the owners were actively engaged in them, and successfully adapted to the new economic conditions. Atypical for the capitals noble families was the departure of the Boutorovs to the province to an estate that was previously part of the efficient farms in the Middle Volga region. However, this did not lead to the loss of horizontal ties with influential court circles, but rather strengthened them, thanks to successful studies in prestigious educational institutions of the younger generation. The Boutorovs was in relationship with famous noble families such as Davydovs, Tatischevs, Khomyakovs, Bestuzhevs, Polivanovs; they was well received in the best capital living rooms, and also was presented to the court. The expansion of knowledge about this noble family makes it possible to clarify both social and economic aspects of the nobility of the late Russian Empire.

On Predicting Recidivism: Epistemic Risk, Tradeoffs, and Values in Machine Learning

AbstractRecent scholarship in philosophy of science and technology has shown that scientific and technological decision making are laden with values, including values of a social, political, and/or ethical character. This paper examines the role of value judgments in the design of machine-learning (ML) systems generally and in recidivism-prediction algorithms specifically. Drawing on work on inductive and epistemic risk, the paper argues that ML systems are value laden in ways similar to human decision making, because the development and design of ML systems requires human decisions that involve tradeoffs that reflect values. In many cases, these decisions have significant—and, in some cases, disparate—downstream impacts on human lives. After examining an influential court decision regarding the use of proprietary recidivism-prediction algorithms in criminal sentencing, Wisconsin v. Loomis, the paper provides three recommendations for the use of ML in penal systems.

Assessing Judicial Empowerment

Drawing on an ongoing international data collection effort, this paper examines the free expression jurisprudence of the Supreme Court of Canada and the European Court of Human Rights in an effort to assess the political beneficiaries of judicial empowerment. Free expression is a universally recognized fundamental right, and it is a right that is regularly invoked in court by a rich diversity of political actors. As such, free speech law provides an illuminating window onto how constitutional courts respond to similar claims from differently situated claimants. This paper compares the response by two influential courts to free expression claims filed by for-profit businesses and by labor advocates.

The Judiciary in Myanmar: Beyond Reform?

The courts in Myanmar have been a topic of heated discussion in the post-2011 environment. Yet in contrast to many other areas of governance and administration, the courts are one sector where reform has been less evident or obvious. In fact, while many have been calling for greater judicial independence, the current framework in effect pulls in the opposite direction towards centralisation and executive-military control over the courts. This raises the broader question: what is the role of the courts in Myanmar post-2011? The three top parallel courts in Myanmar are the Constitutional Tribunal, the Courts Martial and the Union Supreme Court. The Constitutional Tribunal is a new institution introduced in 2011, but has heard only about 11 cases, has been marginalised and therefore lacking in political influence. The Courts Martial are a black hole in terms of academic research, given the difficulties of obtaining access to information on these courts. The Supreme Court is therefore the most active, dealing with hundreds of cases per year, and is perhaps the most politically influential court of the three. This chapter therefore focuses on the role and function of the Supreme Court, and the courts below it, under the quasi-civilian regime. The literature around the role and politics of courts, and of courts in authoritarian regimes, is vast and complex (see for example Ginsburg and Moustafa 2008). In this chapter I unpack the role of the courts in Myanmar and its relationship to the other institutions of governance. First, I show how the composition of the Supreme Court points to the influence of the executive over the courts. Second, the authority of the Supreme Court in terms of its original and appellate jurisdiction, and its reporting, law- making and supervisory functions are focused on keeping the lower courts in-line. Third, the new authority the Supreme Court has to hear cases concerning complaints against government decisions is a form of procedural authoritarianism to keep lower courts in check. Finally, I show how the court’s jurisdiction is subject to change by parliament, and recent legislation affecting family law will raise new and difficult social and legal questions for the courts in the future.

Believing in Life after Loving: IRS Regulation of Tax Preparers

Nearly anyone can be a tax preparer. There is no test to pass or code of ethics to follow. With few barriers to entry, the field of tax preparation has drawn unscrupulous players, many of whom prey on low-income families who claim the earned-income tax credit. In 2011, the IRS endeavored to regulate the anything-goes world of tax preparation. But a group ofsmall-government activists at the Institutefor Justice challenged the IRS's regulations in federal court. And they won. The U.S. Court of Appeals Jbr the D.C. Circuit struck down the regulations as beyond the I.R.S.'s authority under section 330 of Title 31 of the United States Code. In the wake of that decision, Loving v. IRS, the only path fbrward for advocates of taxpayer protection is for Congress to explicitly empower the IRS to regulate swindlers posing as tax professionals. This Article is, fundamentally, a story of political and judicial failure in the age of small government absolutism. In a different era, federal oversight of unscrupulous tax preparers who have represented the blandest kind ofcommon sense. But the Institute for Justice was able to convince a panel ofjudges on what is widely regarded as the second most influential court in the country that IRS oversight of tax preparers is unlawful. The government's litigation strategy proved bumbling and ill-considered, it was easily outmaneuvered by its ideologically-driven adversary. In the Article, I provide background on the IRS regulations and the process by which they were developed; I detail the pervasive fraud and incompetence that motivated the IRS to act: I explore the Institute for Justice's push to invalidate the regulations in court, and I look at the arguments it made outside the courtroom; I evaluate the state-level experience with tax preparer regulations to see what can be learned from these "laboratories of democracy "; and, finally, I discuss how to proceed in the aftermath of Loving.

The Use of Consensus Arguments in Transnational Judicial Decision-Making: Confirming or Jeopardising Universal Human Rights

It is interesting to note that highest regional or national courts may focus on consensus within their legal system when interpreting human rights provisions, while at times they also consider the conformity with other legal systems. This paper discusses the use of consensus arguments by the European Court of Human Rights (ECtHR), the US Supreme Court and the Supreme Court of Canada, and explores whether this use supports and confirms or jeopardises the universality of human rights. Firstly, the paper outlines the conceptual framework for the analysis, addressing the context in which the three courts operate as well as the connection between the ideas of universality and consensus and the judicial use of comparative law. Secondly, the paper exposes and discusses seemingly conflicting signals concerning the value of ‘consensus’ and ‘universality of human rights’ in the jurisprudence of these influential Courts. The ECtHR’s acknowledgement that it needs to consider international law and the related consensus supports universality of human rights, while granting the contracting states a margin of appreciation seems to jeopardise it. Furthermore, linking strict scrutiny to a strong consensus arguably strengthens universality of rights, while coupling weak scrutiny to low consensus further undermines it. In the Supreme Courts of the US and Canada, the optional reference to international opinion and foreign law (including the ECtHR judgments) can inform domestic judicial decision-making, thus confirming the universality of human rights. However, the controversy in the US Supreme Court clarifies that the use of foreign sources can induce a defence of national fundamental values, thus strengthening the argument against universal human rights. A close analysis of selected leading judgments will enable identifying the degree to which the overall jurisprudence of the three Courts confirms or jeopardises the universality of human rights.

Water law in British-ruled Palestine

This article surveys the water law of Palestine under British rule, identifying the legal norms governing the use of water and explaining some of the factors shaping the development of this area of the law. It argues that despite their lack of official lawmaking power, Arabs and Jews succeeded in decisively shaping the course taken by water law in this period.After surveying the Ottoman water law in force when the British took power in 1917, the article examines influential court decisions in a case brought by the Arab residents of the village Artas against government expropriation of water, and explains the significance of this litigation for the subsequent development of Palestine's water law. It then turns to British initiatives meant to reform water law and subject the country's water to state control, plans frustrated by the opposition of Zionist groups fearful of increased government regulation. It closes by noting that water law was made in this colonial context neither by imposition from above nor by resistance from below, but by intervention of subject peoples at the highest levels of official lawmaking.

Empowerment, Fairness, Integration: South African Answers to the Question of Constitutional Environmental Rights

There are numerous and specific reasons why South Africa is distinctively positioned to advance and influence the use of constitutional rights to protect the environment. As a result of its unique history and constitutional structure, the South African Constitutional Court possesses special capacities to address domestic environmental concerns and impact comparative law discourse regarding constitutional environmental rights. The judiciary has already demonstrated successful, albeit modest, domestic adjudication through its early environmental jurisprudence and it exhibits the potential for even more significant outcomes in the future. Moreover, the Court holds a highly influential position in the field of comparative constitutional law because of its expansive rights protections, permissive jurisdictional rules, hard-wired consideration of foreign and international law, and its unrivaled reputation among academics and jurists. Altogether, this highly influential court is structurally and politically capable of supporting a significant evolution in the field of constitutional environmental rights.

The devil is in the details: in America, can you really say “God” in school?

This article examines conflicts that have unfolded over the past 75 years regarding the separation of church and state in American public education. Through discussion of the Establishment and Free Exercise Clauses as articulated in the First Amendment to the US Constitution, as well as influential court cases that have set legal precedent and driven educational policy, it examines what is typically referred to as the “separation” mandate. This mandate, codified in the Constitution and interpreted and upheld by the courts, concerns the inclusion of religion in public schools, including discussion of religious history and ideology in the classroom setting as well as tolerance for religious exercise through such venues as school prayer and/or the celebration of religious holidays. It advances the argument that the controversy and litigation that have surrounded issues regarding separation of church and state in the realm of public education have prompted schools to remove most study and discussion of religious history and culture from the curriculum. This move, although understandable, is unfortunate because it denies them exposure to the religious ideologies and historical events that comprise their history and continue to influence the world in which they live. More troubling, it fails to equip them with a fundamental understanding of religious difference they need to co-exist and practice tolerance in a religiously pluralistic society such as our own. For these reasons, the author calls for the incorporation of religious literacy in k-12 public education.

Which States Have the Best (and Worst) High Courts?

This paper ranks the high courts of the fifty states, based on their performance during the years 1998-2000, along three dimensions: opinion quality (or influence as measured by out-of-state citations), independence (or non-partisanship), and productivity (opinions written). We also discuss ways of aggregating these measures. California and Delaware had the most influential courts; Georgia and Mississippi had the most productive courts; and Rhode Island and New York had the most independent courts. If equal weight is given to each measure, then the top five states were: California, Arkansas, North Dakota, Montana, and Ohio. We compare our approach and results with those of other scholars and the U.S. Chamber of Commerce, whose influential rankings are based on surveys of lawyers at big corporations.

Massachusetts v. Environmental Protection Agency: Constructing “Certainty” as Rebuttal

Massachusetts v. Environmental Protection Agency was the first Supreme Court opinion generated specifically as a response to the issue of anthropogenic CO2 emissions, alleging that Environmental Protection Agency's (EPA) failure to regulate is leading to environmental harms for plaintiffs. This essay examines the majority opinion of Justice Stevens and his use of presumption and burden of proof, within a logic of problematic integration, to construct “certainty” as a rebuttal to and rejection of the “uncertainty” offered by EPA. I examine how this strategically constructed rebuttal to “uncertainty” functions as a declarative act of “certainty,” advancing a proposition whose scientific, legal, or political acceptance could function as a tipping point away from the claims of “uncertainty” used by opponents on this contentious issue. Because of the court's influence, the implications of their “certainty” extend beyond the case and into the broader discussion of climate change science and environmental communication.