Interesting Hierarchy Research Articles

(IN)EQUALITY IN PROPERTY OWNERSHIP: THE RHETORIC OF HOMELESSNESS

Given South Africa’s shameful apartheid past, equality before the law should seep through every stratum of its society. Arguably, equality should be more of a consideration in areas where apartheid caused significant damage, such as in property relations. Yet, this is far from being the case. In this article, the authors contend that legal protection of certain categories of property is based on who the property owners are and on the value of the asset. This argument is based on a case study of the legal protection afforded to homeless people’s ownership of property.Property relations in capitalist “post”-apartheid South Africa operate and exist within a hierarchy of property interests, resulting in more protection being afforded to certain forms of property interests and less (and sometimes no) protection given to other forms of property interests. Thus, certain forms of property (“formal property”), such as immovable property, enjoy more protection than “informal property”, such as the makeshift homes of homeless people. This dichotomy is most evident in South Africa in light of the housing crisis. While the State focuses on preserving the free market, safeguarding rights over formal property, and minimising the existence of “nuisance” in urban areas, homeless people remain the most destitute people in the country. Hence, it is contended that property law does not protect homeless people and their belongings as informal property owners.Two chief arguments are made in this regard. First, it is asserted that there is an ordering of property rights protection in a capitalist society and a correlating hierarchy of property interests. Although informal property is property deserving of legal protection, it is generally deprived of such protection because it is perceived as less valuable. This article focuses primarily on homeless people’s belongings (informal property), which, it is emphasised constitutes “property” as envisaged under section 25(1) of the Constitution, and extends to the materials that shelter homeless people. Thus, law enforcement agencies’ appropriation of homeless people’s belongings constitutes an arbitrary deprivation of property. The authors posit that the tendency to prioritise “formal” property over “informal” property is arbitrary and unconstitutional.A second contention is that this difference in treatment of, and protection afforded to, informal property constitutes discrimination on the ground of poverty, which falls foul of the equality clause under section 9(3) of the Constitution, and of the Promotion of Equality and Prevention of Unfair Discrimination Act (PEPUDA). The argument is made that the difference in treatment between legal protection afforded to certain property owners as opposed to others constitutes indirect unfair discrimination.

Достижение баланса интересов субъектов бюджетной деятельности в условиях бюджетно-правовых режимов

The analysis of a problem of achievement of balance of interests in the conditions of regime and legal budgetary regulation assumes characteristic of the dynamic nature of interest that expresses not only the nature of the purpose, the nature of intentions in activity of subjects, but also direct activities for emergence, change or the termination of the rights and duties. Coordination of interests of participants of any design of regime and legal regulation is defined by the system of participants of these legal relationship. In hierarchy of interests of society – the states – the territorial subject of the federation – public authority – the legal entity are, etc. possible and widespread options when the interests of one subject are implemented through implementation of interests of other subjects that does not exclude existence of independence of interests of everyone. The balance of income and expenses as guarantee of financial stability, assumes a rational ratio between the opportunities (which are expressed in the budgetary receipts) and the requirements (which are characterized by the budgetary expenses) between which balanced ratio – ideal option which at the same time assumes also certain deviations (deficiency or surplus of the budget).

Columbine as a type of youth destructivism

Objective: to analyze the reasons for senior schoolchildren’s interest to destructive social groups dedicated to challenges, criminal culture, weapons, erotic and sex, dangerous leisure, death and suicide, mass killings and violence, and drugs; to describe the hierarchy of interests and life values of adolescents based on the research results (questionnaire survey of schoolchildren and multidimensional content analysis of VKontakte social network).Methods: general scientific (analysis, system-structural approach to the analysis of the research object, comparative-legal method) and specific scientific methods (questionnaire survey of schoolchildren, N = 589, conducted in April 2021, and multidimensional content analysis of VKontakte social network, 314,708 fragments).Results: the interests of schoolchildren to various groups in social networks were analyzed. The determinants of joining groups are factors such as the degree of trust in relationships with parents, plans for the future, the amount of time spent daily on the Internet, the tendency to hedonism in everyday life. The methods of involving adolescents in the destructive ideology of the Columbine movement were revealed.Scientific novelty: two groups of users of sites propagating the destructive ideology of Columbine movement were identified: the core (characterized by the abundance of negative moods, these social network users are potentially capable of committing terrorist acts) and the periphery (characterized by an increased general interest in extreme leisure activities). The hierarchy of interests and life values of representatives of the core and the periphery is described; assumptions are made about the ways and reasons for the flow of users from the core to the periphery and back. The study showed that the breeding ground for Columbine and other destructive youth network movements are the adolescents who do not have trust relationships with their parents, are aimed at enjoying life here and now, do not have clear plans for the future, and prefer virtual communication to real one.Practical significance: the materials of the article can be useful to federal and regional authorities in implementing various aspects of youth policy, preventing sociopathic behavior of the youth, ensuring the safety of educational institutions, as well as to scientists researching destructive youth network movements.

Abuse of interest in family law

Purpose. The aim of the research is to solve the scientific task of doctrinal development of regulation of interests in family law, to determine the criteria for building a hierarchy of interests in family and family law, to investigate the relationship between private and public interests in family law and to consider issues of abuse of family interests. Methodology. Among the philosophical, general and special scientific methods used are such as: logical-semantic method for in-depth clarification of the criteria for the division of interests in family law, formal-logical and system-structural methods used in making judgments, analyzing the content of current family law. legislation on the basis of which the legal regulation of the construction of interest in family law. The scientific novelty is that the article improves the concept of independence of interest from subjective family law and the criteria for their delimitation, which is based on the approach that interest is a prerequisite for the emergence of subjective family law, in the absence of the right to demand appropriate behavior from others persons with no specific legal obligations. It is stated that the balance of interests of each individual family member is formed in accordance with the principle of equality, which is inherent in family law, taking into account the priority interests of individual family members (children, pregnant women, disabled, etc.). The hierarchy of interests in the family and their dynamic nature have been further developed.Attention is paid to the study of the category of "abuse of rights", as well as the impact of interest on it. Results. The author investigates the connection between public and private interests and, accordingly, the exclusion of the possibility of abuse of state interests in relation to the interests of other subjects of family law. When these interests collide, the priority of the interests of society can take place only if the interests of the individual are ensured, which is achieved by legislative establishment of maximum guarantees for citizens, which exclude the possibility of abuse of their rights. Practical significance. The results of the study can be used in lawmaking to improve legislation in the field of legal regulation of the category of interest; in the educational process - in the development of textbooks, teaching materials in the discipline "Family Law of Ukraine".

TORT'S HIERARCHY OF PROTECTED INTERESTS

AbstractIt is widely accepted that tort law operates according to a hierarchy of protected interests. Some commentators suggest that this hierarchy can be put to dispositive uses in cases characterised by a clash of interests held respectively by the claimant and defendant (the inferior interest giving way). Others argue that thinking in terms of a hierarchy of interests sheds light on three unusual aspects of tort law: viz. the existence of torts that are actionable per se, the existence of strict liability torts, and the existence of actions in which injunctive relief is routinely awarded even though compensatory damages are tort law's default remedy. This article tests both claims. It concludes that an intuitively appealing hierarchy of interests can be identified, and that it might well possess dispositive significance all other things being equal. But it also observes that all other things are seldom equal, and that departures from the hierarchy occur for various reasons that can be clearly identified and which should be borne in mind when thinking about its dispositive utility. It also urges caution in making connections between the status of certain interests and the fact that they are protected by torts that are actionable per se, strict liability torts and torts in connection with which injunctions are awarded almost as a matter of course.

Научный дискурс о балансе интересов в праве

The features, problems and prospects of scientific discourse on the balance of interests in law are consi-dered. It is noted that today the balance of interests in law has acquired the value of not only value, but rational discourse, which is based on the search for some reasonable relationship between private and public interests. Different approaches to the definition, establishment of a balance of interests in law are given, approaches to the study of the essence of the balance of interests in the theory of law, as well as their branch differences in different legal sciences, which consider such a phenomenon as a balance of interests, as consent, as an agreed result, are considered, as a state of optimal conflict or lack of conflict, as a general legal, constitutional value, a legal method, as a means, etc. The variety of approaches confirms the complexity of the phenomenon of balance in law. The main discussion is in relation to the hierarchy of values and interests, as well as the criteria for admissibility of the priority of interests in the procedures for their balancing. Based on the analysis of a wide range of scientific studies on the balance in law, the balance of interests in law is considered as an element of a more general phenomenon in law. The purpose of the study is to establish the systemic characteristics of balance as a multidimensional phenomenon in law (reality), its prerequisites. The methodological basis includes the use of general scientific and special research methods. Separate methods of analysis, generalization, reconstruction of theories are used, applied within the framework of axiological, structural-functional, formal-legal, comparative-legal approaches. It is concluded that today the balance in law remains a concept, the semantic and content completeness of which is rather uncertain, and the pluralism of views on the definition of the essence of the balance of interests is due to various methodological approaches in its study and the goals set by the researcher, in connection with which the use of teleological approach allows us to recognize it as a goal, with an instrumental, pragmatic one – a means of effective legal regulation, with a structural-functional (systemic) approach to law – balance is an element of legal consciousness and legal ideology, a principle; with the formal legal (jurisprudence of concepts) – the concept; in the socio-humanitarian approach – as a state of social interests.

Correlations between the hierarchical spatial heterogeneity and the mechanical properties of metallic glasses

Understanding the spatial heterogeneity originated from the inherent atomic packing mode in glassy solids is one of the central problems in condensed-matter physics and materials science. Here, based on Fourier analysis, we establish an analysis protocol to measure the spatial heterogeneity of metallic glasses quantitatively. Our method reveals an interesting hierarchy of the spatial heterogeneity, ranging from atomic scale to nanoscale, in metallic glasses inherited from the thermal processes. The trends of the spatial heterogeneity change under mechanical loadings provide valuable information about the onset of the shear instability. More importantly, a positive correlation between the initial nanoscale heterogeneity and the material ductility is found that is consistent with the previously reports. The analysis protocol proposed here provides a new way to explore the structure-property relationship for disordered matters.

The taming of chaos: Optimal cities and the state of the art in urban systems research

What can urban big data research tell us about cities? While studying cities as complex systems offers a new perspective on urban dynamics, we should dig deeper into the epistemological claims made by these studies and ask what it means to distance the urban researcher from the city. Big data research has the tendency to flatten our perspective: it shows us technology users and their interactions with digital systems but does so often at the expense of the informal and irregular aspects of city life. It also presents us with the city as optimisable system, offering up the chance to engineer it for particular forms of efficiency or productivity. Both optimisation itself, and the process of ordering of the city for optimisation, confer political and economic power and produce a hierarchy of interests. This commentary advocates that researchers connect systems research to questions of structure and power. To do this requires a critical approach to what is missing, what is implied by the choices about which data to collect and how to make them available, and an understanding of the ontologies that shape both the data sets and the urban spaces they describe.

A Hierarchy of Interests: Discursive Practices on the Value of Particle and High-Energy Physics

AbstractCurrent science policy emphasizes practical outcomes. In this article, I explore how a fundamental research community addresses the value of research, an area that has received a little attention. In the wake of the discovery of the Higgs boson, I analyse how particle physicists interpret the values of their research in interviews and a strategic document. The result indicates a hierarchy of interests that coordinates different values of particle physics in discourse: the status of scientific and cultural value is higher than that of societal and material value. This finding implies that value propositions are inseparable from the articulation of interests, and qualitative discourse analysis can approach a combined understanding of the two. In science policy studies, there is not yet sufficient studies on how scientists appraise different values of research. The hierarchical discursive practice on values shed lights on a culture different from policy trends.

Fighting cancer with translation inhibitors: a quantum mechanics view on the complex between the antitumor marine alkaloid agelastatin A and the yeast 80S ribosome

The alkaloid agelastatin A (AGA) has raised great interest for its potent antitumor activity and intriguing molecular structure. This led to multifarious total syntheses and the antitumor activity was related to eukaryotic translation inhibition, unraveling the structure of the complex with the 80S yeast ribosome at atomic level. What remained unanswered is the relative weight of the various interactions, a hierarchy of great interest in planning improved antitumor agents in the AGA family. This has been investigated here along QM-MM in explicit water. What emerged was a high and constant HOMO-LUMO gap, speaking for a robust AGA-ribosome complex also in solution, within which AGA’s relaxed twisting ability showed up markedly. It became also clear that AGA’s ring A, despite its formal representation, has no pyrrole properties. Br-π and π-π stacking interactions and H-bonds with surrounding nucleotides, as from X-ray diffraction, are fully supported by MEP maps. But the main finding was that MD-driven dissection of the various contributions revealed a dominance of the entropically favored chelate H-bonding between AGA’s central amide system and U2869. In contrast, the X-ray diffraction assignment of C5-OH H-bonding to U2873 is not supported. Along similar lines it was found that interactions of the ribosome with the structural analog CEAA, where chlorine and ethyl replace AGA’s bromine and methyl, differ markedly, except as to the chelate bonding with U2869, which persists as a character of the class. This should be useful in the invention of improved translation inhibitors in the agelastatin class.

Прокурор в арбитраже: исторический аспект

The subject of the study is a retrospective of the legal norms formation. Under these norms the prosecutor will be able to govern the issues of ensuring the legitimate interests of the state, society, business entities and the rights of citizens in resolving disputes in the field of economic activity. Chronological framework of research includes the period from the establishment of prosecutor's office in 1722 up to the collapse of USSR in 1991. The relevant legislation is analyzed. The author examines the scope of prosecutor powers in this sphere at different stages of formation and development of prosecution, and reveals the problems of determining the prosecutor's office place in the system of existing at that time bodies of state power. It is concluded that the prosecution authorities, since their creation in Russia and up to the present stage of development, taking a greater or lesser degree of participation in the resolution of disputes in the sphere of economic activity, played a significant role in the protection of exclusively state interests. The interests of society, business entities and citizens in the sphere of economic activity if there is a dispute were considered only through the prism of such interests. The hierarchy of interests of participants of economic activity in dispute resolution was unbalanced and built without taking into account the interests of all participants of economic relations.

AS SUBJETIVIDADES DO AGIR SOCIOAMBIENTAL NO ATUAL CENÁRIO POLÍTICO BRASILEIRO

Este artigo tem como objetivo apresentar uma reflexão sobre o modelo de desenvolvimento historicamente eleito e culturalmente moldado pela sociedade brasileira, cujas atividades humanas revelam-se incompatíveis com as necessidades sociais de comunidades locais e com a dinâmica dos ecossistemas, inserindo a causa socioambiental em posição secundária na hierarquia dos interesses políticos e econômicos. A questão central que o permeia é a seguinte: Quais os impactos das atuais declarações do presidente brasileiro em termos de participação social e apropriação cultural do meio ambiente no Brasil? Para tanto, adota uma abordagem qualitativa (BOGDAN; BIKLEN, 1994) e se constitui como uma revisão de literatura, por meio da qual são consultados artigos, dissertações, teses, capítulos, livros e outras fontes que tratam da temática em estudo, o que subsidiará as reflexões posteriores. Com as considerações finais, concluímos entendendo que a humanidade, ao longo dos tempos, vive um paradoxo sócio, político, econômico e ambiental que se traduz na concepção incompatível de progresso com a causa socioambiental. Com isso, os problemas ambientais são agravados, em meio aos discursos políticos por vezes de cunho puramente ideológico, ora fundados (re)apropriação social da natureza, ora na racionalidade econômica. Palavras-chave: Participação social. Apropriação cultural. Causa socioambiental. Discursos políticos.

Russia’s Relations with the DPRK in the 21st Century: Results of the First 20 Years

February 2020 marked 20 years since a new Treaty on Friendship, Good-neighborliness and Cooperation was signed between the Russian Federation and the Democratic Peoples Republic of Korea (DPRK). The document constitutes a basis of modern bilateral relations, free of ideology and based on the principles of pragmatism and mutual benefit. The article explores main directions and results in bilateral ties in 2000-2019 in order to identify the priorities of Russia and the results that Moscow managed to achieve for each of them. The presented hierarchy of Russias key interests in relation to the DPRK makes it possible to assess the current level of bilateral interaction and outline the logic of its development and prospects. It was revealed that Russias top priority is stability on its borders. Neither a military conflict, nor a humanitarian catastrophe, nor a larger Republic of Korea is beneficial to Moscow. Therefore, the Russian Federation seeks to maintain the status quo, contributing (without prejudice to itself) to the economic development of North Korea. With regard to the nuclear settlement, Moscow is not concerned with Pyongyangs nuclear missile potential per se, but with its possible consequences for regional security. There is a clear understanding that North Korean nukes are not directed against Russia. The second-level priority is Moscows observance of its international obligations, the refusal of which may negatively affect the countrys positions in the international arena and other regions. This group of priorities includes Russias participation in the nuclear settlement and compliance with the UN Security Council sanctions. In the third place is the protection of Russian economic interests in the region, which are few at this stage, since most economic projects have a political background. The authors conclude that Russias strategic goals (peace and security in the Northeast Asia) have not been achieved yet, while the main tactical ones (i.e. border stability) have been mostly attained, although with some damage to less significant priorities (such as economic interests in the region).

Взаимодействие со стейкхолдерами как фактор повышения конкурентоспособности трансъевразийских контейнерных железнодорожных грузоперевозок по транспортным коридорам: результаты эмпирического исследования

The article examines the relationship of stakeholders associated with trans-Eurasian railway containerized cargo transportation along transport corridors from the Far East to the western border of the Russian Federation (hereinafter RW CT). A stakeholder map has been generated, which allows us to identify the degree of influence of stakeholders on the achievement of strategic goals, as well as the impact of activities on the implementation of RW CT on stakeholders. Using the method of analyzing hierarchies, a hierarchy of stakeholders was established according to their importance in terms of achieving strategic goals (in particular, increasing the competitiveness of RW CT). Also, a hierarchy of goals and interests of stakeholders is defined to achieve strategic goals.

After Conflicts of Interest: From Procedural Short-Cut to Ethico-Political Debate.

This paper critically examines the proliferation of conflicts of interest (COI) discourse and how the most common conceptions of COI presuppose a hierarchy of primary and secondary interests. I show that a form of professional virtue or duty is commonly employed to give the primary interest normative force. However, I argue that in the context of increasingly commercialized healthcare neither virtue nor duty can do the normative work expected of them. Furthermore, I suggest that COI discourse is symptom of rather than solution to the problems of market forces in contemporary medicine. I contend that COI, as it is commonly conceived, is an inadequate concept through which to attend to these problems. It is used as a procedural short-cut to address ethico-political problems. That is, it is an economic and policy concept expected to do significant moral and political work. Like most short-cuts, this one also leads to entanglements and winding roads that fail to reach the destination. As such, I suggest that we need a different set of ethico-political tools to address normative fluidity of medical practice in the absence on a primary interest.

E-Procurement as a Way to Protect the Public Interest

Introduction: the paper is devoted to the study of legal mechanisms in the area of public procurement, which can ensure the protection of the public interest and respect for fundamental human rights and freedoms. Modern international law requires that the public procurement regulations include the standards for the protection of fundamental human rights. There are serious loopholes in the Russian procurement legislation regarding the application of human rights protection standards in the performance of contractual obligations. For this purpose, the author reveals the hierarchy of interests of all the subjects of legal relations in the area of procurement and the main ways of violations of human rights and the public interest. By means of methods of scientific knowledge, first of all, comparative jurisprudence, the system of public procurement in comparison with the contract system of the USA was considered. The paper also uses specific methods of scientific knowledge, including: system-structural, formallogical, as well as special legal methods of normative interpretation. Results: it is pointed out that the lowest-price competition often encourages States to support unscrupulous contractors who violate the fundamental human rights, fail to comply with the occupational safety standards and pay low wages. In particular, in Russia, the law does not allow obliging customers to only enter into a contract with those procurement participants who are ready to ensure compliance with the labor rights. In such a situation, human rights could only be protected by ensuring transparency in the procurement process. In turn, achieving transparency of procurement is only possible with the use of digital technologies. Conclusions: according to the results of the study, it should be assumed that the current procurement rules in Russia at each stage need to be improved in terms of filling in the loopholes in the human rights procurement standards aimed at ensuring respect for fundamental human rights. The active use of IT-technologies is required for the development and implementation of self-executing agreements in a single information system.

In the Modern Culture the Protection of Women’s Rights and the Islamic Shariah Rules: A Critical Analysis

The term 'maqsid' (plural: Maqasid) refers to a purpose, objective, principle, intent, goal, end, telos (Greek), finalite (French), or Zweck (German). Maqasid of the Islamic law are the objectives/purposes behind Islamic rulings. For a number of Islamic legal theorists, it is an alternative expression to 'people's interests' (masalih ). 'Maqasid al-Shariah' are masalih that provide answers to the questions about the hierarchy of interests in Islamic law. Maqasid include the wisdoms behind rulings, such as 'enhancing social welfare,' which is one of the wisdoms behind charity, and 'developing consciousness of God,' which is one of the wisdoms behind fasting. Maqasid are also good ends that the laws aim to achieve by blocking, or opening, certain means. Thus, the Maqasid of 'preserving people's minds and souls' explain the total and strict Islamic ban on alcohol and intoxicants. Maqasid are also the group of divine intents and moral concepts upon which the Islamic law is based, such as, justice, human dignity, free will, magnanimity, facilitation, and social cooperation. Thus, they represent the link between the Islamic law and today's notions of human rights, development, and civility.

Who Will Safeguard Transnational Surrogates’ Interests? Lessons from the Israeli Case Study

This article seeks to establish the extent to which the voices and interests of transnational commercial surrogates—women who are paid by intended parents from another country for carrying a pregnancy—are accounted for by those with power to shape the policy around this complex area in the country of the intended parents. Through a first-of-its-kind qualitative study of the viewpoints of policy makers and government officials, taking Israel as a case study, the research maps the hierarchy of interests in Israel as the country of the intended parents, in which the rights and well-being of the transnational surrogates are largely neglected. The study finds that, even when awareness of the vulnerability of transnational surrogates is relatively evolved among officials, they admit that the motivation and ability of the country of the intended parents to supervise the protection of the surrogates—during a process that takes place in another country—are extremely limited. Equipped with the empirical findings, the article examines the actual and potential regulative arenas relevant to transnational surrogacy (also known as international surrogacy), and offers an alternative normative framework to correct the current regulative failure in providing much-needed legal protection for transnational surrogates.

Maqasid al-Shariah Based Islamic Bioethics: A Comprehensive Approach.

Maqasid al-Shariah based Islamic bioethics is an Islamic bioethics concept which uses the objectives of the Shariah (maqasid al-Shariah) as its approach in analysing and assessing bioethical issues. Analysis based on maqasid al-Shariah based Islamic bioethics will examine any bioethical issues from three main aspects namely intention, method, and output or final goal of the studied issues. Then, the evaluation will be analysed from human interest hierarchy, inclusivity, and degree of certainty. The Islamic bioethics concept is a manifestation of dynamic Islamic jurisprudence which can overcome new complex and complicated bioethical issues such as tri-parent baby technology issues. Therefore, this article will introduce and explain the concept of maqasid al-Shariah based Islamic bioethics and outline a general guidance of maqasid al-Shariah based Islamic bioethics to determine a maqṣad (objective) based on standards of human good or well-being (maslahah) and harm (mafsadah).

The relevance of the legal and moral-political instructions of the famous English thinker of the XVI-XVII centuries Francis Bacon

The article examines the legal and moral-political guidelines of a prominent English thinker, his argument about the feasibility of combining special-scientific knowledge and the priority of knowledge about society, education in general, and not only at the applied level. The breadth and versatility of Bacon's views allowed him to reveal the main cause-effect relationships of social life, as well as the dependence on many factors created by people of state and legal institutions.
 Today, Bacon observes the admiration of scientific terminology as an end in itself. It turns out that it is easier to construct a new one on paper of existing reality than to research the actual existing laws, including in the sphere of state and law. Most people are not able to understand the main cause-and-effect relationships in society, and therefore they can not rationally not only build their own behavior, but also make it difficult to understand their behavior by people more rational.
 This means that even the most intelligently constructed system of legal regulators can be ignored by a person who is not well developed in intellectual terms. As for the way of life, which reveals the character of this person, then it will give him an opportunity to better predict her possible behavior. If we apply this Bacon's idea to the problem of lawmaking, which implies rational behavior of a person, then we get a simple explanation of why many people commit crimes behaving inefficiently. They simply ignore whether they can understand the relationship between crime and punishment laid down in the law. The harsh punishment does not necessarily indicate the cruelty of the legislator. Various punishments for various crimes merely point to a hierarchy of interests protected by law.
 From all that was given by Bacon, we can conclude that the average person is not able to assimilate the complexity of the world and state-legal relations among them. Moreover, not only the desire for self-preservation, but also the limited intellectual abilities of a person make the existence of the state and the legislation necessary. Consequently, Bacon's legal views are quite interesting and may well be suitable for the theoretical substantiation of the state-legal realities of the present.