Formal Rules Research Articles

Rule-mediated connectivity in social-ecological-technological systems: A comparative network analysis of reservoir operation rules in Coyote Valley Dam (United States) and Ameghino Dam (Argentina).

In the management of reservoirs, different forms of infrastructure (such as dams, hydropower units, information) are functionally interdependent and often managed by different types of actors to form a social-ecological-technological system. Such interdependence also occurs because institutions (understood as rules that guide and constrain actor behavior) exist to indicate how infrastructures should be managed. We apply institutional analysis and social network analysis to identify how functionally interdependent infrastructures and actors are connected by formal rules created to manage reservoir operations in Argentina (Ameghino Dam, Chubut) and the United States (Coyote Valley Dam, California). Using Exponential Random Graph Models and motif analysis we develop and test hypotheses about which types of patterns of rule-mediated interdependence are more likely to occur in the management of reservoir operations as well as how contextual features, such as the socio-political environment and the types of actors involved, influence rule-mediated interdependence in social-ecological-technological systems. We find that the type of actors involved and the socio-political context in which rules are designed shape the patterns of rule-mediated interdependencies. These findings shed light on and call for more attention to the role that formal rules play in shaping infrastructure management across socio-political contexts.

Ethnoracial Hierarchies and Democratic Commitments

Entrenched ethnoracial hierarchies that persist alongside formal democratic rules threaten commitments to democracy. Previous research has shown how marginalization and oppression harm minoritized group members, but has rarely considered the potential harm entrenched group-based hierarchies pose for democratic society overall. This paper offers two innovations. First, we argue that ethnoracial hierarchies have society-wide implications. Entrenched systems of ethnoracial marginalization undermine support for democracy and respect for democratic rights, even among members of privileged groups. Second, group consciousness conditions the effects of ethnoracial hierarchy among minoritized group members. Specifically, when minoritized individuals hold a structural dimension of group consciousness, they tend to sustain commitments to democracy. Insights from interviews with Indigenous and Afrodescendant activists and policy makers conducted during field research in Peru facilitate development of these theoretical expectations. Subsequent analysis of survey data cross-nationally throughout Latin America and over time in Bolivia demonstrates that ethnoracial hierarchies are associated with weaker democratic commitments across society, while reducing these hierarchies strengthens support for democracy. Among minoritized group members, however, structural group consciousness helps to mitigate these negative effects. This paper contributes a theoretical framework and empirical evidence concerning the challenges ethnoracial hierarchies pose for democratic commitments not only among those who belong to minoritized groups, but for people across society.

Specific Time Work Agreement (PKWT) After the Constitutional Court Ruling No. 168/PUU.XXI/2023, Is It Still Relevant?

Specific Time Work Agreement (PKWT) After the Constitutional Court Ruling No. 168/PUU.XXI/2023, Is It Still Relevant?

Mapping nature burial in the Netherlands (2003–2023)

ABSTRACT Natural burial has become a popular burial practice in the 21st century. Initially developed in the UK, this practice has since spread to various countries. Despite its growing adoption, comprehensive academic studies exploring the country-specific governance, cultural meanings, and developmental trajectories of natural burial remain scarce. Specifically for the Netherlands, there is a notable absence of systematic research detailing the development and current state of natural burial, or ‘nature burial’, as it is understood and practiced within this context. This paper addresses these gaps by presenting the first comprehensive overview of nature burial in the Netherlands. Through a systematic mapping of the existing nature burial sites, this study examines the concept and landscape of nature burial as it has emerged in the Dutch context between 2003 and 2023. It provides insights into the increasing demand for nature burial; the geographical distribution of sites; and the formal characteristics, rules, and regulations of different types of nature-oriented burial sites. By doing so, this research offers insights into an emerging funerary innovation and provides directions for future international comparisons in the study of natural burial.

Legal Analysis and Practical Proposals for Application of the Law on Inheritance by Contract

Introduction. For our country, the modern era is characterised by the rapid development and sophistication of the social relationships, especially in the field of economics and private property preservation as the basis for enhancing market relations. Over the past few years, new institutions and norms have been formed within the civil law of the Russian Federation, which officially stipulated the relationships already existing among the subjects. The most atypical innovation for the Russian legislation was integration of the new rules of inheritance based on the contractual relationships (Article 1140.1) into the Civil Code of the Russian Federation in 2019. Unfortunately, this institution has not become widely used in practice, probably due to the rather incorrect regulation of the rights and obligations of the parties to this legal relationship and their unequal position in obtaining the final result. Significant difficulties arise when using this norm in the context of inheritance of the agricultural lands, residential premises, joint property, etc. The study of the institution of inheritance by contract is highly relevant due to the fact that this norm has a potential to become a fairly strong basis for the formation of equal relationships of the parties in terms of the redistribution of property, but, taking into account the imperfection of legal regulation, it requires the detailed elaboration for its implementation into the objective reality. The aim of the research is to conduct a comprehensive analysis of this institution and develop the practical proposals for improving the legislation on inheritance contracts.Materials and Methods. The following methods have been used in the research: the general scientific method of theoretical research, comparative analysis, formal-logical approach to the analysis of the legislation regulating the application of the contractual relationships in the frame of property inheritance. A review of the data on law enforcement and judicial practice in the research area has been provided.Results. The paper identifies the problems of efficient application of the norms of inheritance by contract to the certain types of property, suggests the ways to improve the legislative norms that determine the legal status of counterparties, as well as the content of their powers. A number of proposals for adjusting the acting norms of inheritance by contract have been formulated. In particular, the authors propose to add a separate chapter referring to the inheritance by contract to the Civil Code of the Russian Federation and include in it the norms, which ensure the possibility of preserving property that is the subject of the contract until the moment of contract coming into effect and which regulate the rules of inheriting the residential premises and agricultural lands in accordance with the same procedure. Within the research, it has been also proposed to legislatively stipulate the legal status of nasciturus and children conceived after the death of the testator by means of medical technologies (IVF, embryo cryopreservation, surrogacy, etc.), and the procedure of inheriting property by the spouses upon conclusion of the inheritance contract.Discussion and Conclusion. The conducted research allowed the authors to identify the existing inaccuracies in the legislative regulation of the inheritance by contract and to determine further directions for studying and adjusting the theoretical and practical aspects of this institution. With respect to the foreign country examples of rule-making in the studied subject area, the trends in the formation of such rules of inheritance by contract were determined that would allow this rarely used practice an opportunity to become an acting procedure that contributes to strengthening the legal order in the frame of legal relationships on inheritance.

Second Generation Fiscal Rules, the Swiss Debt Brake, and a US Constitution Article V Amendment Convention

AbstractThis essay explores new constitutional fiscal rules and their potential impact on the economy. Solving the debt crisis after many years of debt fatigue is clearly a difficult but not impossible task. The federal government is not likely to default on debt in the short term, but allowing debt to increase at an unsustainable rate exposes the country to increasing risk of default in the long term. Before the country falls off this fiscal cliff, we must enact more effective fiscal rules; and learning to live with effective fiscal rules will require some fundamental reforms in fiscal policy and fiscal institutions.

사회적경제가 공급하는 공동체주택의 통합돌봄 : 오스트롬의 제도분석틀(IAD: Institutional Analysis and Development Framework)을 활용하여

This study examines the patterns of integrated care in community housing provided by the social economy in Seoul. Utilizing Elinor Ostrom's Institutional Analysis and Development Framework (IAD), it qualitatively investigates how care systems are created and operate within an institutional context. The findings indicate that community housing promotes informal care systems through resident interactions, serving as a model that fosters emotional stability and social cohesion. Notably, residents’ cooperation and a culture of sharing manifest in various forms, including childcare, emergency support, and elderly care, which contribute to a safety net within the community. Social economy organizations actively encourage this culture of care, while Seoul's support programs help balance privacy with communal living. The requirement for each residence to establish a housing cooperative has strengthened the living care system, facilitating the development and management of both formal and informal rules, as well as the sharing of cultural practices among tenants. This study highlights the potential for community housing care systems to extend beyond resident interactions into broader community contexts, providing important policy and practical insights.

Balancing Justice and Tradition: An Islamic Legal Perspective on Constitutional Court Rulings Regarding Marriage Age

This study analyzes the Constitutional Court Decision Number 22 / PUU-XV / 2017 related to the age limit of Marriage from the perspective of Islamic law. The change in the marriage age limit in this law was passed based on the decision of the Constitutional Court of the Republic of Indonesia (MK) Number 22 PUU-XV/2017, which was born due to the controversy over the previous marriage law. This is a literature research by re-analyzing the policy content of the Constitutional Court of the Republic of Indonesia Number 22/PUU/XV/2017 decision. The analysis examines the legal basis, the applicant's legal standing, and the decision's relevance to Islamic law principles. The results showed that the Constitutional Court's decision was based on valid legal standing and rational arguments. This decision is in line with the value of Islamic law in paying attention to maslahah (benefit). Still, there are differences in certain methodological aspects, especially in the maslahah mursalah approach. The findings also reveal that the change in the marriage age aims to reduce discrimination against women and protect their health, education, and socio-economic rights. From the perspective of Islamic law, the minimum age of Marriage is ijtihadiyah and can be adjusted to the context of the times, as the principle of maqashid al-shari’ah is oriented towards the welfare of the people. This research recommends further harmonizing Islamic and national law to create fairer and more applicable rules.

Stability of the Electoral System as a Constitutional Value (Prolegomena)

The article is an introduction to research on the stability of the electoral system in Poland. There is a hipotesis that the Polish constitution indicates the stability of the electoral system as an expected solution in a democratic state of law. The constitution shows this through many constitutional rules as constitutionalism and legalism. The constitution also contains many detailed regulations regarding elections.

The Use of Artificial Intelligence as the Basis for Sustainable Human Development: Features of International Legal Regulation

INTRODUCTION. The latest digital technologies play a key role in the development of modern society and the state, contribute to their further progress and improvement. One of the varieties of such technologies is artificial intelligence (hereinafter – AI), which has a significant impact on all aspects of human life. The article examines the problem of international legal regulation of AI, analyzes existing documents and identifies the main problems and challenges facing the world community. Particular attention is paid to the issues of establishing a balance between the expansion of AI capabilities and the risks associated with the transfer of management decisions from human to machine. The objectives of the work are: to analyze existing concepts of AI and international acts regulating the specifics of using this technology, to consider topical issues of improving legal regulation and practice of using AI, to determine the prospects for further development of legal regulation of AI.MATERIALS AND METHODS. The sources of international law of a universal and regional character, scientific works related to the topic under research were analyzed. Formal legal, comparative legal and historical legal methods were used as research methods.RESEARCH RESULTS. AI is one of the most important and key elements of sustainable human development, the use of which contributes to technological progress and solving global problems. International legal regulation of the use of AI is at the stage of development and formation of new rules, the creation of which must take into account the possible risks and specifics of the use of technology in various fields. International cooperation and exchange of experience in the field of legal regulation of AI is designed to promote the harmonization of approaches and standards in this area, taking into account the principles of sustainable development, environmental safety and protection of personal data of users.DISCUSSION AND CONCLUSIONS. The main conclusions of the research are as follows. AI helps automate many processes, increases work efficiency and improves the quality of life of people and society as a whole. Cooperation between states and international organizations is a key factor in the successful development and application of AI, contributes to the creation of common principles for ensuring security, transparency and maintaining the technological sovereignty of countries. However, at the moment, the international legal regulation of AI is at the initial stage of its development and many countries face problems with the lack of appropriate norms and standards. The consistent development of legal regulation at the international universal and regional levels, the introduction of clear and comprehensive terminology, taking into account the existing experience of individual international organizations will allow us to continue working on the development and improvement of standards in the field of AI, taking into account the interests of all participants in the international community.

HUKUM SEBAGAI KESADARAN SOSIAL: KAJIAN ATAS PEMIKIRAN HUGO GROTIUS TENTANG DASAR UNIVERSALITAS HUKUM

Law is not merely a set of formal binding rules but also a reflection of society's social consciousness. Hugo Grotius, a philosopher and the father of international law, developed a theory on the universality of law rooted in human rationality and moral awareness. This article aims to examine Grotius' thoughts on law as a manifestation of social consciousness. Using a normative-philosophical approach, this study explores how Grotius' concept of universality of law serves as a foundation for harmonizing positive law with universal moral values. The study finds that law, according to Grotius, possesses universal characteristics as it is based on human reason, which is inherently social, rational, and moral. Thus, Grotius' theory remains relevant in the modern context to create more inclusive and just legal systems.

Computational Characterization of the Structure, Energy, Strengths, and Fracture Resistances of Symmetric Tilt Grain Boundaries in Ice.

Using an interatomic potential that can capture the tetrahedral configuration of water molecules (H2O) in ice without the need to explicitly track the motion of the O and H atoms, coarse-grained (CG) atomistic simulations are performed here to characterize the structures, energy, cohesive strengths, and fracture resistance of the grain boundaries (GBs) in polycrystalline ice resulting from water freezing. Taking the symmetric tilt grain boundaries (STGBs) with a tilting axis of ⟨0001⟩ as an example, several main findings from our simulations are (i) the GB energy, EGB, exhibits a strong dependence on the GB misorientation angle, θ. The classical Read-Shockley model only predicts the EGB - θ relation reasonably well when θ < 20° or θ > 45° but fails when 20° < θ < 45°; (ii) two "valleys" appear in the EGB-θ landscape. One occurs at θ = 22° for Σ14(2̅31̅0) GB, and the other is at θ = 32° for Σ26(3̅41̅0) GB. These two GBs might be the most common in polycrystalline ice; (iii) all the STGB structures under consideration here are found to be a collection of edge dislocations with a Burgers vector of b = 1/3⟨112̅0⟩. The core structure of this edge dislocation is composed of a pentagon and a heptagon atomic ring. The separation and orientation of the structure units (SUs) at the GB exhibit a strong dependence on θ; (iv) the length of an atomic bond within the SUs, rather than EGB and θ which are often used in the literature, is identified as one controlling parameter that dictates the intrinsic GB cohesive strength; (v) characterization of the fracture resistance of the GB containing an initial crack is beyond the reach of nanoscale atomistic simulations but is feasible in concurrent atomistic-continuum (CAC) simulations that can simultaneously retain the atomic GB structure together with the long-range stress field within one model. The above findings provide researchers with a stepping stone to understand the complex microstructure of polycrystalline ice and its response to external forces from the bottom up. Such knowledge may be consolidated into constitutive rules and then transferred into the higher length scale models, such as cohesive zone finite element models (CZFEMs), for predicting how polycrystalline ice fractures at laboratory and even geophysical length scales.

Book Review: The Importance of Constitutional Rules and Property Rights. The German Economy in 1990–2015

The book titled The Importance of Constitutional Rules and Property Rights. The German Economy in 1990–2015 prepared by Damian Bębnowski, a researcher at the University of Lodz was published in 2022 by Peter Lang. This comprehensive 440-page monograph is devoted to an important event in recent German history, namely, the reunification and the period of building a social market economy order in the former GDR during the period indicated in the title.

Statistical variable selection and causality in the social and behavioral sciences

AbstractThe problem of “variable selection” is a fundamental one across the sciences. In its broadest terms, this problem would be at least part of the general issue of theory selection and comparison. However, there is a more circumscribed problem that concerns primarily the choice of variables for the best fitting model, given some set of data, usually observational in nature, and specific statistical techniques, typically multiple regression. There is a deep strand in econometrics and other applied social, behavioral, and biomedical science statistics to want formal decision rules or algorithms to pick out variables. The paper examines seven such formal procedures using a simulated data set with known causal relations. The conclusion is that seven often-used procedures make systematic causal errors. Some suggestions about better alternatives conclude.

Do religious values mitigate the effect of formal corporate governance rules on earnings management in Islamic countries? Evidence from Jordan

Purpose This study aims to assess the board of directors’ effectiveness in curbing earnings management (EM) in Jordan, a country where Islamic religious values strongly influence corporate practices. Design/methodology/approach Using a sample of 51 Amman Stock Exchange-listed firms from 2012 to 2022, generalised least squares regression is used to examine the association between board characteristics and EM. Findings Most board characteristics do not significantly affect EM. Interestingly, board activity is significantly and positively associated with EM, suggesting that the board’s monitoring function has been relegated to a secondary role. Research limitations/implications Formal corporate governance mechanisms may prove ineffective, as their effectiveness in limiting EM is undermined by informal rules. Practical implications Regulators should adapt corporate governance rules to the context in which they are embedded. Greater attention to religious dynamics could improve board oversight effectiveness. Originality/value This study provides a new perspective to analyse the relationship between corporate governance and EM. To the best of the authors’ knowledge, this is among the first studies to explore this issue within the context of Islamic countries.

Institutional analysis of water governance in the Colorado River Basin, 1922–2022

The 1922 Colorado River Compact started the long history of water governance in the Colorado River Basin. Over the last century, the institutional structure has shaped water governance in the basin. However, an understanding of the long-term evolution is lacking. This study examines how water management strategies have evolved at the basin scale by incorporating institutional, temporal, and network structure analysis methods to examine long-term changes. Content analysis was employed to systematically investigate encouraged and/or discouraged water management actions at different rule levels. The water governance network was examined at four points in time to map the institutional structure, actors, and governance level at which rules are issued and targeted. Using institutional analysis, we found constitutional, operational, and collective-choice level rules for water supply, storage, movement, and use have been altered via layering of new governance rules without major rule or responsibility alteration. The network analysis results indicate that key decision-making positions have remained and actors who issue and are targeted by the rules lack significant change. We found original positions of power have been maintained, potentially stagnating the space for problem-solving and management strategy renegotiation. Our results indicate that path dependency has shaped water governance and who is able to influence decision-making.

Three‐Dimensional Finite Element Analysis and Simplified One‐Dimensional Analysis Methods for Full‐Scale Viscoelastic Damper Considering Strain Sensitivity

ABSTRACTViscoelastic (VE) dampers are capable of dissipating energy over a variety of input vibration frequencies. They supplement both displacement‐ and velocity‐dependent restoring forces, thus, provide both stiffness and damping to the structure. For this, they are able to effectively mitigate both frequently occurring wind loads and seismic forces. They are sensitive to loading frequency, temperature, and strain level. Their combined sensitivity to both loading frequency and temperature is extensively researched through three‐dimensional finite element (3D‐FE) methods considering heat generation and transfer. However, they can experience a significant nonlinear reduction in dynamic mechanical properties under large strain levels. Pursuant to these, the previously developed 3D‐FE method is extended in this study by combining with a nonlinear strain level–sensitive constitutive rule to investigate the behavior of a full‐scale multilayer VE damper. This nonlinear 3D analysis method agrees accurately well with experimental results. Additionally, the 3D‐FE analysis results suggest an approach to one‐dimensional (1D) time‐history analysis. Despite of large strain level, the energy dissipation obtained from 3D‐FE analysis is uniform, further suggesting a framework for a simplified 1D approach, that is, considering uniform strain distribution. These 1D methods accurately predict VE damper global responses.

Causalities-multiplicity oriented joint interval-trend fuzzy information granulation for interval-valued time series multi-step forecasting

Interval-valued time series (ITSs) multi-step forecasting research is still in its infancy. Two cruces here lie in counterintuitive or conservative nature of semantic descriptors for ITSs, and disregard for multiplicity of causalities resulting from uncertainty in causalities between data or between trends within a set of interval-valued data. In this paper, we put forth a type of joint interval-trend fuzzy information granules, which takes non-loss of within-interval information as the main design criterion. A modified fuzzy information granulation method carries originality in portraying intuitive and accurate interval-trends, directly linked with inherent relational constraints such as lower bound data should not be greater than upper bound data. Furthermore, we formulate a legible format of multi-factor fuzzy IF-THEN rules, which exhibits interesting interpretations to causalities between interval-trends at a higher level of multiplicity. The forecasting process is fuzzy rules-based, resulting in wise results by calculating rule firing weights. Thus, we develop a well construct of accuracy and interpretability for multi-step forecasting of ITSs, manifested in: (a) reducing cumulative errors by operating at the granular level, and (b) perceiving interval-trends in an intelligible manner and emphasizing multiple causalities via transparent fuzzy logic inference. Experimental results convincingly confirm the validity of the model.

Legal Policy of Pretrial Arrangements in Criminal Procedure Law in Indonesia by the Constitutional Court

This research examines the legal policy direction of pretrial arrangements in Indonesia's criminal procedure law, focusing on Constitutional Court Decisions Number 21/PUU-XII/2014, 102/PUU-XIII/2015, and 66/PUU-XVI/2018. These decisions have significantly shaped the evolution of pretrial provisions, ensuring alignment with constitutional principles of justice, legal certainty, human rights protection, and simple, fast, low-cost justice. Through normative legal research employing statutory, conceptual, and case-based approaches, the study analyzes how the Constitutional Court's rulings address ambiguities in existing norms, enhance judicial oversight, and strengthen the protection of suspects' rights. Findings indicate that the Constitutional Court’s decisions aim to refine pretrial norms by expanding judicial authority, clarifying procedural ambiguities, and balancing human rights protection with efficient judicial processes. The research underscores the role of legal politics in harmonizing criminal procedural law with evolving societal and legal demands, offering insights for further reforms to uphold justice and human dignity. Future research could explore comparative analyses, implementation challenges, and the integration of digital technologies to enhance the efficiency and equity of pretrial systems.

Dare to share: information and intelligence sharing within the UK’s anti-money laundering regime

ABSTRACT The UK's approach to combating money laundering extends beyond traditional enforcement authorities, encompassing diverse regulated entities mandated to monitor and share intelligence on suspected laundering activities. This study examines the UK's Anti-Money Laundering (AML) nodal institutional architecture, focusing on the significance of information-sharing mechanisms and structures among law enforcement, public institutions, and private entities. Different types of information – ranging from raw data to strategic, tactical, and operational intelligence, as well as evidence – dictate the appropriate structures and mechanisms for their sharing. This study introduces a nuanced framework for analysing these structures, assessing the spectrum from highly structured to organic approaches in state intervention, alongside varying levels of formality, incorporating mandatory or voluntary elements. The analysis identifies four main factors shaping the dynamics of information sharing in the UK's AML efforts: strategic resource allocation involving technology and human resources, the establishment of formal rules and standardised interpretations, cultural shifts towards trust and reciprocity, and state coordination and leadership. The findings reveal the central role of the state not only in setting legal frameworks but also in steering coordination, managing resources, and fostering reciprocal relationships among public and private nodes to enhance information sharing, reflecting a ´state-anchored´ approach to AML governance.