External Rule Research Articles

Democracy’s ruling hand

The claim of liberal constitutionalism is that a text-like object or a ‘diplomatically abstract’ set of principles can work a deflection of disagreements within a pluralist polity. But this project assumes both that pluralism remains amenable to reason and that reason is a capacity independent of the profound differences of meaning, value, and forms of life that shape those disagreements. Neither assumption is correct. Differences in norms, values, and forms of life inevitably undergird and structure differences in meaning, perception, and interpretation. Consequently, a constitution (even when written and accompanied by judicial review) will necessarily unfold in an ongoing process of political cooperation and contestation. Legitimacy can arise only from the practice of democracy itself – that is, self-governance under conditions that realistically accord equal recognition and respect to all participants. Law is not some abstract entity or prior fixation, special and above. It is not, as Michelman once said, ‘an autonomous force’ that provides ‘an external untouchable rule of the game’. It is just another social institution or performative practice that does (or does not) reflect our democratic nomos. To be committed, as a strong democrat, to the rule of law is to be committed to the idea that we make the rules by which we govern ourselves. Equal voice, equal power, and equal law are just self-government. They are internal to – that is, constitutive of – the game. They are not untouchable; indeed, they are being manhandled every day. But they nevertheless describe a democratic constitution that fully legitimates itself in its performance.

Teenagers' but not young adults' beliefs about intrinsic interpersonal obligations for group members.

Previous research has indicated that children perceive social category members as having intrinsic obligations toward each other, which shape their expectations for social interactions. However, it is unclear whether teenagers (aged 13 to 15) and young adults (aged 19 to 21) continue to hold such beliefs, given their increased experience with group dynamics and external social rules. To explore this question, three experiments were conducted with a total of 360 participants (N = 180 for each age group). Experiment 1 examined negative social interactions using different methods in two sub-experiments, while Experiment 2 focused on positive social interactions to examine whether participants viewed social category members as intrinsically obligated to avoid harming each other and to offer assistance. Results revealed that teenagers evaluated within-group harm and non-help as unacceptable, regardless of external rules, whereas they viewed between-group harm and non-help as both acceptable and unacceptable, depending on the presence of external rules. Conversely, young adults considered both within-group and between-group harm/non-help as more acceptable if an external rule permitted such behavior. These findings suggest that teenagers believe that members of a social category are intrinsically obligated to help and not harm each other, whereas young adults believe that individual social interactions are constrained mainly by external rules. That is, teenagers hold stronger beliefs than young adults about intrinsic interpersonal obligations to group members. Thus, in-group moral obligations and external rules contribute differently to the evaluation and interpretation of social interactions at different developmental stages.

Ensuring smooth functioning of system for monitoring and managing processes of cleaning bottom sediments in reservoirs

This article discusses one way to ensure the system's functioning for monitoring and controlling the processes of cleaning bottom sediments in reservoirs. The reservoir's main elements and the system's architecture for monitoring and controlling the processes of cleaning bottom sediments as automated water-moving objects are given. The results of the analysis of the issues of ensuring the continuous operation of this system are given that to maintain a given level of system reliability, it is necessary to replace the failed measuring system with a serviceable one. The systems of differential equations are considered following that the recovery and loss processes are independent and depend on the External distribution rule with variable parameters.

Faith In God as The Source of Goodness And Religious Moderation In Indonesia: A Christian Moral Perspective

Goodness is the basis and goal of all moral actions. Therefore, ethics, be it theological or philosophical, must in some way explain specifically what goodness is and where one can find it. The Christian faith answers this by stating its fundamental belief that God is good. It says that the Christian belief in goodness is based on faith in God, placing each Christian at the heart of the relationship between faith and moral action. After confirming this fundamental Christian belief that God is the centre of all values, in this paper, we will draw out some implications of the relationship between faith as a personal and communal experience of God and the development of an attitude of religious moderation in a pluralistic Indonesian society. Thus, cultivating an attitude of religious moderation does not stop as an external rule but should go further as an ethical imperative for every Christian.

Discontinuities and Discrepancies in the Hybridization Process of Nangnang Culture

This article analyses some “discrepancies” in the development of Nangnang society with a view to finding an alternative historical narrative for the territory, namely one that can explain some processes in Nangnang’s history from the point of view of the local people. In the absence of any records written by contemporaneous inhabitants of Nangnang, we try to examine some discrepancies in the course of the local culture’s development, aiming to glean some evidence that could be interpreted as resistance—a form of silent reaction to external rule. Though we are well aware of the limits of this kind of approach, mostly due to the scarcity of primary sources, this attempt is relevant in consideration of the sensitive nature of this chapter of East Asian history, which has often been constrained to narrow identities and ideological frames.

‘One Hand Washes the Other’ in EU’s Eastern Neighbourhood: What Policy Response?

AbstractThe institutions of patronage, clientelism and nepotism are resilient and obstruct political liberalisation and democratic consolidation. This paper draws on historical (neo)institutionalism, democratisation research and studies in economic history to understand the reproduction mechanisms of informal institutions in EU’s Eastern neighbourhood, and to propose a policy response, which could have the potential to disrupt these mechanisms. Outsourcing national judiciary systems from EU’s Eastern neighbourhood to external rule of law missions might offer one solution as long as they satisfy at least two conditions: (1) they need to have a targeted executive mandate; and (2) they must be deployed with the support of an authoritative international actor, such as the EU or UN, under conditions of concerted international efforts and significant financial assistance. Local actors might oppose this infringement of national sovereignty. External rule of law missions should therefore be proposed during a democratic transition when reformers rely on external support.

Sistem Informasi Program Kreativitas Mahasiswa berbasis Web Service dan Microservice

The information system is faced with a significant development, it needs to have not only the policy changes but also the features as an effort update, according to necessity both internal and external business rule systems. This research aims to form a microservice infrastructure for updating changes in flow of business process to the development of information systems. This Research methods come under both field studies and literature to the subject matter related with the development of Information Systems in managing data of program kreativitas mahasiswa (PKM), Web services and Microservice Architecture. The design is using Prototype model to represent graphically the workflow of the system Model which is using the Unified Modeling Language (UML) tool, Managing the Data Base Management System (DBMS) application using GORM, Go Validator as a data validation tool, and Gorilla Mux as the REST rooter. The application runs by utilizing the Advanced Message Queuing protocol. In conclusion, the implementation of webservice-based university internal information system development with microservice architecture for PKM is reporting activities in where the relationship between units in data transactions (publish, send automatically) is carried out with a duration of time 0,00 / sec.

Missionaries and other emissaries of colonialism in Tuvalu

This paper examines the similarities and differences between the forms of external rule established in nineteenth-century Tuvalu first by the London Missionary Society and then by the British government through its imperial outreach. These raise the question of whether or not the two forms can be characterised as essentially the same and, if so, what implications are posed for the periodisation of history in Tuvalu and other Pacific societies.

Who Wants to Save the Forest? Characterizing Community-Led Monitoring in Prey Lang, Cambodia

Community monitoring is believed to be successful only where there is sustained funding, legislation for communities to enforce rules, clear tenure rights, and an enabling environment created by the state. Against this backdrop, we present the case of an autonomous grassroots-monitoring network that took the initiative to protect their forest, in a context, where no external incentives and rule enforcement power were provided. The aim was to analyze the socio-demographic and economic backgrounds, motivations and achievements of forest monitors, compared to non-monitors in the same communities. A total of 137 interviews were conducted in four villages bordering Prey Lang forest in Cambodia. We used binary logit models to identify the factors that influenced the likelihood of being a monitor. Results show that there were few (22%, n = 30) active monitors. Active monitors were intrinsically motivated forest-users, and not specifically associated with a particular gender, ethnicity, or residence-time in that area. The most common interventions were with illegal loggers, and the monitors had a general feeling of success in stopping the illegal activities. Most (73%, n = 22) of them had been threatened by higher authorities and loggers. Our results show that despite the lack of power to enforce rules, absence of external funding and land-ownership rights, and enduring threats of violence and conflicts, autonomous community monitoring may take place when community members are sufficiently motivated by the risk of losing their resources.

State-building and patronage networks: how political parties embezzled the bureaucracy in post-war Kosovo

ABSTRACT Why has the internationally promoted Weberian-style bureaucracy failed to replace patronage as the dominant principle of state organization in post-war Kosovo? This article explores how international actors’ rule-promotion activities and local actors’ strategies of resistance play out and interact to explain the failure. The empirical analysis focuses on rules of recruitment in the civil service system in the period 2000–2016. The analysis juxtaposes two consecutive stages of the state-building process, which are marked by different degrees and forms of international involvement: the pre-independence period, 1999–2008; and post-independence period, 2008–2016. Evidence from the case suggests that during the pre-independence period, legal inconsistencies embedded in the internationally promulgated legislation enabled local actors’ formal and informal strategies to recruit political cronies in the newly created civil service system. The transfer of authority from international administrators to elected local authorities, especially after Kosovo’s declaration of independence in 2008, did not solve the problem of legal inconsistencies, and instead, served to consolidate governing parties’ strategies of control over recruitment in the state bureaucracy. More often than not, patron–client relationships that thrive at the borderline between formality and informality of political behaviour, continued to undermine external rule transfers.

Behavioral flexibility predicts increased ability to resist excessive methamphetamine self-administration.

Drug addiction is often associated with cognitive deficits and behavioral inflexibility that may contribute to the development and maintenance of addictive behaviors by reducing addicts' ability to control their behavior toward the drug. In this study, we investigated the relationships between pre-drug levels of behavioral flexibility and the risk to develop uncontrolled methamphetamine (METH) self-administration. First, we measured individual performance in an inter-dimensional set-shifting procedure in which animals have to switch between an external visual rule and an internal side rule in order to obtain food pellets. Then we allowed rats to self-administer METH for twenty long 14-hour sessions, and we investigated the relationships between behavioral flexibility and measures of control over drug intake. Rats rapidly acquired to self-administer high levels of METH which resulted in moderate weight loss. After several sessions of self-administration, whereas some rats progressively increased their METH intake, other rats showed very long voluntary pauses between drug injections and showed no escalation in METH self-administration. Interestingly, we found that behavioral flexibility is correlated with METH self-administration and that more flexible rats take less METH and do not escalate drug taking. These results suggest that traits of behavioral flexibility may protect against the development of excessive and dysregulated drug taking. Conversely, the inability to adapt behavioral responses as a function of the environmental contingencies may contribute to the risks to develop addiction to METH.

The eu’s Pathological Power: The Failure of External Rule of Law Promotion in South Eastern Europe

What impact does the European Union (eu) have on the development of the rule of law in South Eastern Europe (see)? The author of this article argues and shows that the eu has: 1) a positively reinforcing (healthy) effect with regard to judicial capacity and substantive legality, i.e. the alignment of domestic legislation with international standards, and 2) a negatively reinforcing (pathological) effect with regard to judicial impartiality and formal legality (the inner morality of law). The author explains the pathological impact of eu-driven rule of law reforms by referring to the eu’s deficient reform approach and to unfavorable domestic conditions, which in their interplay reinforce certain reform pathologies (legal instability, incoherence, politicization) that undermine the rule of law. The main argument is supported by a mixed method study. A quantitative indicator-based analysis measures rule of law development across four key dimensions on the basis of a variety of data (e.g. survey-based indicators, cepej data, and a unique dataset on legislative output). Additionally, the author draws on a number of qualitative interviews that he conducted with magistrates from see and representatives from the eu, the European Court of Human Rights, and the Council of Europe. The author concludes from these findings that external rule of law promotion in weak rule of law countries is not transformative, but rather reinforces systemic deficiencies that undermine the rule of law.

Displacement Effects on Gender Roles, and Family Structure: Muslim Meskhetians in the USA

In 2005, the United States government granted refugee status to Muslim Meskhetians from post-Soviet Russia. This group, originating from Georgia, has been subject to external rule and multiple forced displacements throughout the twentieth century. Spawning a mass migration of over 16,000 refugees, Muslim Meskhetians now reside in approximately thirty-three continental states. Guided by previous studies on cultural adaptation and identity maintenance, this article seeks to examine the impact of displacement on family structure and gender roles, in order to illustrate how displacement has reshaped power relations, family decision-making, and gender relationships among Muslim Meskhetians families in the United States. Based upon qualitative in-depth interviews with refugees in Illinois and Pennsylvania, this article finds that Muslim Meskhetians are engaged in a struggle for cultural maintenance and cultural adaptation, carefully negotiating traditional values of patriarchal religious conservatism with contemporary American liberalism, leading to the construction of a new hybrid identity.

Bridging the EU-China’s gap on the Rule of Law?

As the European Union (EU) and the People’s Republic of China (PRC) celebrate 40 years of bilateral relations, the partnership continues to develop inter alia with the launch of a new Legal Affairs Dialogue, announced during the 17th EU-China summit (June 2015). As Rule of Law approaches greatly differ between the PRC and the EU and contain unbridgeable conceptual gaps, the new Legal Affairs Dialogue might further contribute to changes in the EU’s strategy of external Rule of Law, faced with the PRC’s own narrative and approach to the Rule of Law. On the other hand, the new dialogue might offer room for agreement and convergence on various global, bilateral and domestic levels. Recent domestic adjustments in the PRC and a manifest interest in reforming its legal system at a time when the EU is itself re-thinking its strategy of external rule of law offers a great potential for significant exchanges and an opportunity to bridge the Rule of Law gap between the PRC and the EU.

A pressure-sensitive kinematic hardening model incorporating Masing’s law

A model is proposed to simulate the stress–strain behavior of sands subjected to cyclic loads in general three-dimensional stress space. A novel formulation is developed using Prager’s kinematic hardening rule and extending the one-dimensional Masing’s rule to general three-dimensional stress space. The hysteretic stress–strain curves are constructed based on skeleton curves. In order to do this, the Masing’s rule is generalized to the proportional rule, which consists of two sets of rules: the internal and external rule. Subsequently, a drag rule is introduced to simulate cyclic stress–strain behavior in which the stress amplitude increases at a decreasing rate during cyclic loading with a constant strain amplitude. The dimensionless kinematic hardening rate is assumed to depend on the current stress value along the stress path. When the direction of loading is reversed, the initial rate of hardening is restored. The rate of variation of hardening is scaled according to an extended Masing’s law. As a result, a closed hysteretic stress–strain loop is obtained during cyclic loading.

‘Culturally Unsuited to Property Rights?’: Colonial Land Laws and African Societies

Hernando de Soto, advocate of central registers of land rights, raised the possibility of Africans being culturally unsuited to property rights. This article argues that sub‐Saharan Africa's high proportion of tribal/communal land (as distinguished from private and public/state land) results from a combination of geography, history, and population distribution. External colonial rule created a dual system of land tenure that restrained private property rights in the tribal/communal land areas. The research draws upon archival evidence from the colonial land tenure panel chaired by Lord Hailey (1945–50). The finding is not that Africans are inherently culturally unsuited to property ownership, but that colonialism reinforced pluralistic forms of property rights, which create particular challenges to land law reform.

Computing Loops with at Most One External Support Rule

A consequence of a logic program under answer set semantics is one that is true for all answer sets. This article considers using loop formulas to compute some of these consequences in order to increase the efficiency of answer set solvers. Since computing loop formulas are in general intractable, we consider only loops with either no external support or at most one external support, as their loop formulas are either unit or binary clauses. We show that for disjunctive logic programs, loop formulas of loops with no external support can be computed in polynomial time, and that an iterative procedure using unit propagation on these formulas and the program completion computes the well-founded models in the case of normal logic programs and the least fixed point of a simplification operator used by DLV for disjunctive logic programs. For loops with at most one external support, their loop formulas can be computed in polynomial time for normal logic programs, but are NP-hard for disjunctive programs. So for normal logic programs, we have a procedure similar to the iterative one for loops without any external support, but for disjunctive logic programs, we present a polynomial approximation algorithm. All these algorithms have been implemented, and our experiments show that for certain logic programs, the consequences computed by our algorithms can significantly speed up current ASP solvers cmodels, clasp, and DLV.

Context matters to explain field experiments: Results from Colombian and Thai fishing villages

During the last decade, field experiments regarding the study of common pool resource governance have been performed that replicated earlier findings of laboratory experiments. One of the questions is how the decisions made by participants in rural communities are influenced by their experience. This paper presents the results of field experiments in Colombia and Thailand on fishery resources. Context information is derived from the communities via in-depth interviews, surveys and role playing exercises. The use of different methodological tools allowed to link decisions in field experiments with contextual variables for two fishery villages. Explanation of core variables in social dilemmas is given, the degree of cooperation levels, preferred rules, rule compliance and enforcement. Main findings include: i) fishermen made decisions in the field experiments that reflected their own experience and context, ii) agreements for rule crafting are possible only under specific conditions that guarantees livelihoods and sustainability, iii) the broader context determines cooperation levels at a local level, iv) inequalities in the sanctioning of rule breakers decrease the possibilities of reaching cooperation agreements, and v) high levels of trust among local fishermen is not a sufficient condition for resource sustainability, when trust in external rule makers and enforcers is low.

Institutional approaches for carbon financing in the forest sector: learning lessons for REDD+ from forest carbon projects in Uganda

▶ Using carbon finance for REDD+ introduces new actors and rules in the forest sector. ▶ The types of actors and rules affect the distribution of costs and benefits. ▶ Approaches are needed to balance strong external interests and rule establishment. With momentum building around the implementation of REDD+ programmes and projects, questions surrounding the appropriate structuring of institutions are becoming increasingly important. We examine how the variations in the institutional arrangements related to the carbon finance aspects of projects affect the opportunities for poor rural producers involved, or those living in the vicinity of projects. Evidence is drawn from a review of three forest carbon projects in Uganda, based on qualitative stakeholder interviews and supported by policy documents and literature. Three aspects of project institutions are discussed; actors, rules and links to existing external institutions. The findings suggest that supporting such projects with carbon finance can have some positive impacts on opportunities through improved monitoring, but that considerable progress needs to be made in balancing the interests of project financers with those of the communities involved and improving policy coordination with existing institutions external to projects. We suggest that these lessons are particularly transferable to the growing number of REDD+ approaches that are strongly performance based or funded through carbon markets, and implemented through direct payment systems between buyers and local producer groups or individuals.

Adult Children's Experiences with their Parent's Infidelity: Communicative Protection and Access Rules in the Absence of Divorce

Guided by Communication Privacy Management (CPM), the goal of the current study was to examine parental infidelity and to learn what, if any, rules were enacted by participants to either provide access to or protect the information of their parent's infidelity. Rules used by participants to manage this information inside their family were labeled as internal, while rules used to manage this information outside their family were labeled as external. Participants included 13 adult children whose still married parents' relationship involved infidelity. Results indicated that participants created protection rules including two internal (maintenance and cultural) rules and one external (protecting the family from outside scrutiny) rule. Five access rules (context, sex, age, physical environment, and code terms), all internal, were also identified. The results of this study highlight the usefulness of CPM when examining how the knowledge of a parent's infidelity is managed by their children.