Critical Remarks Research Articles

Assessment of the Greek National Plan of Energy and Climate Change—Critical Remarks

The Greek National Energy and Climate Plan was validated by the Greek Governmental Committee of Economic Policy on 23 December 2019. The decisions included in this plan will have a significant impact on the Greek energy mix as the production of electricity from lignite combustion ceases in 2028, when lignite will be replaced by natural gas (NG) and renewable energy sources (RES). This work presents an assessment of the Greek National Energy and Climate Plan by analyzing its pros and cons. The main critiques made are focused on the absence of risk analysis and alternative scenarios, the proposed energy mix, the absence of other alternatives on the energy mix and energy storage, the low attention given to energy savings (transport, buildings), the future energy prices, and the economic and social impacts. This analysis shows that delaying this transition for some years, to better prepare it by taking into consideration the most sustainable paths for that transition, such as using more alternatives, is the best available option today.

SOME INSIGHTS OF NEOLIBERALISM IN BRAZIL FROM A GLOBAL PERSPECTIVE

Abstract Aiming to raise the debate and new interpretations, we rehearse a reflection to understand different, apparently, unrelated processes through an articulating effort of current issues, whose theoretical formulation and empirical apprehension still generate confusion. To underline that Brazil is not a particular case, we make some critical remarks on the neoliberalization of life and the social production of space. (a) To clarify the financialization mechanisms, (b) highlight some interactions among financial capital actions, backed by the State, the media, and right-wing political movements, and (c) underline how the persistence of patrimonialism and unconcluded modernity intensify such processes. Events unfolding around the world, changes in the Brazilian political and economic conjuncture, since late 2015, suggest the imperative to consider: a) the character of the capitalist State in the current phase of financialization and accumulation; b) the very meaning of neoliberalism; c) the association of financial capital and the State; d) the societal and sociability crisis established, given the dehumanization of the Other and the potential of financialization transform all elements and aspects of life and social space into financial assets.

Fairness as Equal Concession: Critical Remarks on Fair AI.

Although existing work draws attention to a range of obstacles in realizing fair AI, the field lacks an account that emphasizes how these worries hang together in a systematic way. Furthermore, a review of the fair AI and philosophical literature demonstrates the unsuitability of 'treat like cases alike' and other intuitive notions as conceptions of fairness. That review then generates three desiderata for a replacement conception of fairness valuable to AI research: (1) It must provide a meta-theory for understanding tradeoffs, entailing that it must be flexible enough to capture diverse species of objection to decisions. (2) It must not appeal to an impartial perspective (neutral data, objective data, or final arbiter.) (3) It must foreground the way in which judgments of fairness are sensitive to context, i.e., to historical and institutional states of affairs. We argue that a conception of fairness as appropriate concession in the historical iteration of institutional decisions meets these three desiderata. On the basis of this definition, we organize the insights of commentators into a process-structure map of the ethical territory that we hope will bring clarity to computer scientists and ethicists analyzing Fair AI while clearing some ground for further technical and philosophical work.

Vladimir Alexi‐Meskishvili (1941–2021)

Vladimir Alexi‐Meskishvili (1941–2021)

Re-thinking teachers’ body awareness to support well-being and resilience practices during COVID-19

In this paper, the concept of body awareness is introduced in view of supporting teachers’ well-being and resilience practices, with a focus on COVID-19 pandemic. Teachers experience high rates of stress and pressure to cope with current working conditions due to COVID-19 pandemic. Depression and anxiety related to teachers’ duties have been largely researched worldwide. Research is being done around well-being from different perspectives, mental health, emotional and spiritual well-being, among other research done. However, little research has been done associated with body experiences and awareness from a holistic dimension that focuses on developing well-being and resilience practices; a state of mind and body that goes beyond acquiring physical skills to develop better physical condition. Thus far, despite relevant reviews and works have been published in relation to well-being and resilience practices in education, there is a need to explore the body experience to support teachers’ challenges during COVID-19 pandemic. For doing so, this work aims to review literature on the concept of well-being to elaborate, first, on the importance of supporting teachers’ well-being during COVID-19 pandemic. Second, we elaborate on the concept of body awareness in education. Third, we briefly explore the concept of resilience in relation to teachers’ well-being. Last, we raise some critical remarks about body experiences in education post COVID-19, and the need of re-thinking well-being and resilience practices in the school community to face with uncertainty.

The Economic Research of E. F. Penrose in Japan during 1925–30: The ‘Undelivered’ Message to Pre-war Japanese Society

This paper addresses the economic research conducted by Ernest Francis Penrose (1895–1984) in Nagoya, Japan, from 1925 to 1930. After graduating from Cambridge University, he relocated to Japan as a lecturer and began creating the first indices in Japanese history of the physical volume of production, the significance of which was only recognized in the world after the First World War. Penrose was a pioneer in his contribution to the development of quantitative analysis in Japan. His analysis also included practical critical remarks and significant perspectives on Japanese economic policy shortly before the war, although they had no actual influence on the Japanese government at the time. Utilizing his articles published during his stay in Japan, this study sheds light on his contributions, mostly unrecorded in the history of the development of economics in Japan.

Jonah and the Human Condition: Life and Death in Yahweh’s World

Jonah and the Human Condition: Life and Death in Yahweh’s World

УМОВИ І МЕХАНІЗМИ ДІЄВОГО ЗАПОБІГАННЯ КОРУПЦІЇ В УКРАЇНІ

Розкрито зміст системно мережевого структурування корупції як інституту абсолютної антисуспільної спрямованості. Увагу приділено понятійній чистоті категоріального апарату, зокрема, розмежовано поняття «корупція» і «хабарництво». Наведено характеристику персоніфікованих і корпоративно-асоційованих суб’єктів корупції, розкрито зміст сучасних форм і характерних різновидів об’єкта корупційного підкупу. Наведено диференційований перелік і розкрито зміст специфічних ринків «корупційних послуг», що функціонують у межах загального «чорного» ринку України. Показано соціально-економічні витоки та розкрито характер особистих і корпоративних інтересів суб’єктів – носіїв корупційних відносин.Визначено реальний спектр руйнівних антисуспільних наслідків синергії бінарної злуки «інституту корупції» з «інститутом кримінальної «чорної» економіки». Виділено три базових блоки злочинної економічної діяльності: 1) кримінальний промисел; 2) надання послуг кримінального характеру; 3) кримінальне порушення норм господарсько-комерційної діяльності. На засадах узагальненого досвіду США визначено необхідні умови й надано пропозиції щодо формування організаційно-економічних та економіко-правових антикорупційних механізмів. Доведено, що подолання корупції неможливе без скасування правового принципу «презумпції невинуватості» у сфері підтвердження легітимності доходів платників податків, які зобов’язані надавати вичерпну інформацію, що доводить легітимність джерел походження особисто-сімейної нерухомості.Визначено умови забезпечення дієвого порядку у сфері обліку і контролю повноти виконання громадянами податкових зобов’язань на засадах удосконаленню механізму декларування доходів та державно-ринкового обліку нерухомості населення України. У контексті критичних зауважень щодо помилок, допущених за останні п’ять років, надано пропозиції стосовно вдосконалення організаційно-економічних засад декларування річних доходів, а також проведення соціально-справедливої і антикорупційної легалізації статків, майна і капіталів фізичних осіб шляхом забезпечення сплати до державної скарбниці компенсаційно-справедливих відшкодувань за завдані бюджету збитки за період незалежності України.

Dopuszczalność orzeczenia przez sąd odwoławczy wyrokiem łącznym kary łącznej po raz pierwszy albo orzeczenia jej w zakresie innym niż orzekł sąd pierwszej instancji. Glosa do uchwały składu 7 sędziów Sądu Najwyższego z dnia 28 czerwca 2018 r. (I KZP 3/18, OSNKW 2018, nr 8, poz. 55)

<p>The commentary raises the problem of the admissibility of the issuing cumulative penalty in cumulative judgement by appeal court for the first time or issuing that penalty within the different scope of punishment, from the perspective of the power to alter decisions of a court of the first instance, the principle of two-instance court proceedings, access to court and the right of defence. By discussing the essence of the constitutional and convention provisions, the author attempts to answer the question what the scope of the appeal court’s power is to alter cumulative judgement issued in the first instance, by concluding that neither Article 176 (1) of the Polish Constitution, nor Article 6 of the European Convention on Human Rights (ECHR) and Article 2 of Protocol no. 7 to the ECHR supplementing its content, as well as Article 14 (5) of the International Covenant on Civil and Political Rights in principle stand in the way of such an approach, which should be reflected in the process of interpretation of Article 437 (2) of the Code of Criminal Procedure. However, in the author’s opinion, doubts arise, from the perspective discussed above, if the appellate court were to take into account, when imposing the cumulative penalty, a unit judgement unknown, for various reasons, to the court of first instance, to which a special part of the considerations and critical remarks is devoted.</p>

New legal regulations in the field of healthy nutrition

The article presents the results of the comparative analysis of the main provisions of the Federal Law “On the quality and safety of food products” in the editions of 2000 and 2020. The commonality and differences of these provisions are revealed. Critical remarks were made on a number of terms and their definitions in the field of healthy nutrition. It was found that the amendments and additions made to the edition of the Federal Law “On the quality and safety of food products” contribute to the improvement of legal regulation in the field of healthy nutrition.

TWO PERSPECTIVES ON THE ACT ON MUSEUMS

In the paper the analysis of two newly published commentaries (2021) on the Act on Museums is conducted: the first commentary by A. Barbasiewicz, a lawyer specializing in cultural heritage, and the other by a team of scholars: Z. Cieślik, I. Gredka-Ligarska, P. Gwoździewicz- -Matan, I. Lipowicz, A. Matan, K. Zeidler specializing in administrative proceedings and legal protection of historic monuments. Both publications represent various perspectives on the same issue, thus complementing one another. The difference in the approach makes them both useful to experienced practitioners on the one hand and those who happen to confront these topics for the first time one the other. Importantly, both have been written in a clear language comprehensible to non-lawyers. Their high-rating cannot be diminished by the few critical remarks formulated in the paper.

Sintering Modeling of Thermal Barrier Coatings at Elevated Temperatures: A Review of Recent Advances

To achieve a higher efficiency in gas turbine engine by increasing the inlet-temperature of burning gas is one of the primary goals in aviation industry. The development of thermal barrier coating system (TBCs) continuously raises the inlet-temperature of gas turbine engine in the past decades. Due to the complexity of TBCs and harsh operation environments, the degradation and failure mechanisms of hot section components have not been fully understood, and consequently limits the application of TBCs. It was identified that high-temperature sintering of the topcoat in a typical TBC could be one of the major sources of its failure since the microstructures of the constituent coating layers evolve dynamically during the service period, resulting in significant changes of mechanical and thermal physical properties of the coating system. This paper intends to review recent advances of analytical and numerical modeling of sintering of topcoat in TBCs including the modeling methodology and applications of the models, particularly the implementation of finite element combined with specific materials constitutive functions. Critical remarks on the future development and applications of these models are also discussed in the end.

ABOUT DETERMINING THE TECHNICAL CONDITION OF ROAD BRIDGES

Information and critical remarks on the national standard for determining the technical condition of road bridges are presented. The analysis of the provisions of the standard, taking into account the practical experience of its use. Suggestions for improving its content are given.

For more pluralistic critiques of colonialism: A response to Dunlap

In accordance with critical reflective thinking on colonialisation, we respond to Dunlap’s critical remarks on our article by deconstructing some of the themes presented in the debate on internal colonialism in the context of large-scale wind energy developments in the Isthmus of Tehuantepec, Mexico. We return to a historical conceptualisation of internal colonialism as it pertains to a continuation of colonial-like dynamics – oppression, repression, violation and exploitation of vulnerable people – within a country, which is important for our discussion on energy justice, particularly cognitive justice, as the colonial-like dynamics of economic transactions between economically motivated indigenous people and private investors with the support of elite actors – which we term transactional colonialism – have repercussions for vulnerable people and indigenous livelihoods. We hope that our perspective will contribute to the global discussion of the socio-ecological impacts of large-scale wind energy developments and green transitions more generally.

‘Come on, man!’ On errors, choice, and Hayekian behavioral economics

AbstractWith respect to the views of dead thinkers, answers to many particular questions are often interpretive in Ronald Dworkin's sense. Such answers must attempt (1) to fit the materials to be interpreted and (2) to justify them, that is, to put them in the best constructive light. What looks like (1), or what purports to be (1), is often (2). That is, when a follower of Kant urges that ‘Kant would say x’, or that ‘Kantianism entails y’, the goal is to make the best constructive sense of Kant and Kantianism, not merely to adhere to something that Kant actually said. An approach to behavioral economics cannot claim to be Hayekian if it is rooted in enthusiasm for the abilities of planners to set prices and quantities, or if it sees the price system as a jumble of mistakes and errors. But within a not-so-narrow range, a variety of freedom-preserving approaches, alert to the epistemic limits of planners, can fairly claim to be Hayekian. Hayekian behavioral economics, I suggest, is an approach that (1) recognizes the importance and pervasiveness of individual errors, (2) emphasizes the epistemic limits of planners, (3) builds on individual choices rather than planner preferences, and (4) gives authority to choices made under epistemically favorable conditions, in which informational deficits and behavioral biases are least likely to be at work. The key step, of course, is (4). If it is properly elaborated, the resulting approach deserves respect. It is worthy of serious consideration, even if some of us, including the present author, would not entirely embrace it. In defending that proposition, the present essay responds to some critical remarks on behaviorally informed policy, including the resort to ‘explainawaytions’ (Matthew Rabin's term) for behavioral findings.

Patterns of Dwelling Types, Location, and Spaciousness of Living in Norway. Critical Remarks on the Practice of Measuring Energy Performance per Floor Area Only

For decades, energy efficiency has been a key issue in the Norwegian building sector, and energy standards are strict in order to reduce net delivered energy to buildings. Formally, requirements on energy use of dwellings are set by kWh per m2 heated GIA per year, a unit not accounting for dwelling size or number of persons in the households. This study, examining spaciousness of living in relation to dwelling types on an urban scale, shows that dwelling area per resident differs a lot across location and dwelling types. This implies that buildings formally performing the same in terms of following the legislation equally, in reality, may have a very different energy demand per person. When comparing dwelling types, energy demand per floor area and floor area per person is considerably higher for detached dwellings than for apartments. For both dwelling types, the energy demand of the dwellings in use is higher than what is stated in the requirements, and this difference is highest for detached houses. The current practice of measuring energy demand only per floor area is therefore insufficient. To realistically model energy performance of dwellings, measures accounting for dwelling size and number of residents should be included.

A Retrofit Method to Mitigate Progressive Collapse in Steel Structures

AbstractAccidental events, such as impact loading or explosions, are rare events characterized by a very low probability of occurrence. However, their effects often lead to very high human losses and economic consequences as are likely to trigger the progressive collapse of the buildings. The progressive collapse of structures attracted the attention of many researchers and the topic has been widely investigated in recent years. In addition, increasing interest has been shown also on the definition of retrofit strategies able to increase the robustness of existing structures. The present work investigates the performance and the design of a retrofit solution to increase the robustness of steel moment resisting frames. A case study structure is selected and modelled in OpenSees, including both mechanical and geometrical non‐linearities. Non‐linear static analyses have been carried out on the frame, simulating a column loss scenario to investigate the subsequent load redistribution. The simulations showed that the case study was unable to redistribute the load and hence retrofitting was required. Among others, a truss system was added at the rooftop level of the building allowing the definition of an alternative load path. The analyses outcomes showed how the proposed retrofit method allows to increase the robustness of the case study structure and allowed for critical remarks on the checks required when this retrofit system is employed.

СОЦІАЛЬНІ ПОСЛУГИ ЯК ОБ’ЄКТИ СОЦІАЛЬНО-ОБСЛУГОВУВАЛЬНИХ ПРАВОВІДНОСИН: ПОНЯТТЯ, ВИДИ ТА ОСОБЛИВОСТІ (ЧАСТИНА І)

Social services as an object of social-supplying legal relations that are enshrined in the Classification of Social Services are the subject of the research. An attempt to compare social services with each other and highlight common and distinctive features was made while analyzing them. Emphasis was made on the essence of each social service and the legal aspects of their providing. The features of social services as objects of the relevant legal relations were formulated. Care occupies a special place among the objects of social-supplying legal relations. Its types such as home care, inpatient care, day care, palliative care were considered. The author’s definition of social care service was given. The most characteristic features of this social service were singled out. Ways to improve the essence of some of them were suggested. Considerable attention was paid to the supported accommodation of the elderly people and people with disabilities, the homeless persons and transit supported accommodation. Critical remarks were made about the premises that would be allocated for supported accommodation, as well as about the legal status of persons who have expressed a desire to receive this social service. Social support is provided to families (persons) who are in difficult life circumstances, families raising biological and social orphans, individuals in employment and in the workplace. Physical support is provided to persons with disabilities. The article gives a brief description of all these types of social and physical support. Social services for providing temporary accommodation, social rehabilitation, information, counseling, mediation, advocacy, prevention, adaptation, integration and reintegration were highlighted in the article. The authors did not ignore such social services as emergency crisis intervention, in-kind assistance, transportation services, sign language translation. A new social service, which is just being introduced and relates to providing temporary rest to persons caring for persons with disabilities, was covered separately. Key words: social services, basic social services, Classification of Social Services, objects of social-supplying legal relations, essence of separate social services, state standard of social service.

О ПРАВОВОЙ ПРИРОДЕ АСТРЕНТА

The article is devoted to the study of the legal nature of astrent. Examines the question of whether it is possible to consider astrent as a variety of liability and the collateral obligations. Doctrinal views on the attribution of astrent to a public law, private law or mixed institution are considered. It is proposed to consider the legal nature of astrent through the prism of the author’s concept of “legal pyramid”. A brief retrospective analysis of the appearance of astrent in the modern legal order of Russia is carried out. Critical remarks of scientists-protsessualists regarding the consolidation of the institute of astrent in civil legislation are given. Based on the analysis of the Resolution of the Plenum of the Supreme Court of the Russian Federation of 24 March 2016 No. 7, the types of family law disputes in which an astrent is permissible are considered. The question of the correlation of the provisions on astrent in the material and procedural codes, as well as their application, is analyzed. The question of determining the size of the astrent is considered. The principles of determining the size of the astrent contained in the legislation are analyzed. The conclusion is made about their maximum abstractness and evaluative nature. The critical remarks available in the doctrine are given. The author’s position is expressed, among other things, regarding the proposal made in the doctrine on the need to establish the upper and lower limits of the judicial penalty. The relevant judicial practice is analyzed.

The Issues of “Europe” or “West” in the Discourse of the Artistic Ukrainian Movement

The article raises the issue of European principles in both Ukrainian literature and culture. Particular attention is paid to criticism of the interwar period and Dmitry Dontsov, the editor of The Bulletin and the ideologist of volitional nationalism. It analyses in detail critical remarks and theses by Y. Kosach concerning the “separation” of Ukrainian literature from Europe and the “gap” between humanism and the Ukrainian literary tradition caused by D. Dontsov and The Bulletin.The influence of D. Dontsov’s Eurocentric ideas on Y. Kosach’s critical literary essay “On Guard of the Nation” is identified and interpreted. It is proved that D. Dontsov’s essential principles: nationalism, idealism, voluntarism, and heroism became the basis for Y. Kosach’s essay. Based on the matching nature of the fundamental concepts of D. Dontsov and Y. Kosach in the essay “On Guard of the Nation”, it was discovered that the views of both thinkers on the specific Ukrainian quality of being European, and on the problem of Europeanism were generally identical. In the essay “On Guard of the Nation”, Y. Kosach distinguished heroism, activist psychology, and chivalry as the primordial and leading motives of Ukrainian literary works. In the report “The Crisis of Contemporary Ukrainian Literature”, the words that used to be almost sacred for Y. Kosach of Dontsov’s era – “Gothic”, “literary imperialism”, “heroic, dynamic literature”, “true Occidentalism”, “traditional Europeanism” – sounded with a great deal of sarcasm and negation.