Internal Point Of View Research Articles

From methodology to theory construction: the case of the point of view in legal theory

In this paper, the methodological character of the internal point of view (IPoV) will be examined. That the IPoV is a method of legal philosophy is not disputed. What is disputed is which point of view a theorist needs to occupy in order to successfully theorise about law. However, the choice between different points of view is based on the participant the theory chooses to study. This means that the participant’s viewpoint is not a method of our theory but an epistemic point through which the object of our study becomes available. If this is the case, different theories simply aim to study different participants. Hence, the criticisms raised on methodological grounds against theories not taking the IPoV or not taking the correct IPoV lose their force. Here, to demonstrate this point, the paper will offer a definition of method from a theory-construction perspective and examine the uses of the IPoV in Hart’s theory since it is the one that introduced the notion in legal philosophy. I will argue that the IPoV cannot play a methodological role for reaching main epistemic aims, but it can be a method for identifying the object of study.

LA VALIDEZ DE LAS CLÁUSULAS ESTATUTARIAS QUE IMPONEN LA TRANSMISIÓN FORZOSA DE PARTICIPACIONES SOCIALES A VALOR CONTABLE

This article aims to analyse the validity of the clauses in the articles of association that establish that, in the even of the seizure of company shares, the ramaining shareholders or the company itself can acquire, in preference to the creditor enforcing the seizure, the seized shares at their book value. The question is of interest not so much from an internal or corporate point of view, which is also the cause, but rather vis-à-vis the creditor itself, since these clauses ultimatley mean that the creditor wil receive for these shares not the value or price that could be obtained in the judicial or administrative enforcement proceedings, but the book value determined in the company´s articles.

Evolution of internal dimensions in object‐oriented software–A time series based approach

SummarySoftware evolution is the process of adapting, maintaining, and updating a software system. This process concentrates the most significant part of the software costs. Many works have studied software evolution and found relevant insights, such as Lehman's laws. However, there is a gap in how software systems evolve from an internal dimensions point of view. For instance, the literature has indicated how systems grow, for example, linearly, sub‐linearly, super‐linearly, or following the Pareto distribution. However, a well‐defined pattern of how this phenomenon occurs has not been established. This work aims to define a novel method to analyze and predict software evolution. We based our strategy on time series analysis, linear regression techniques, and trend tests. In this study, we applied the proposed model to investigate how the internal structure of object‐oriented software systems evolves in terms of four dimensions: coupling, inheritance hierarchy, cohesion, and class size. Applying the proposed method, we identify the functions that better explain how the analyzed dimensions evolve. Besides, we investigate how the relationship between dimension metrics behave over the systems' evolution and the set of classes existing in the systems that affect the evolution of these dimensions. We mined and analyzed data from 46 Java‐based open‐source projects. We used eight software metrics regarding the dimensions analyzed in this study. The main results of this study reveal ten software evolution properties, among them: coupling, cohesion, and inheritance evolve linearly; a relevant percentage of classes contributes to coupling and size evolution; a small percentage of classes contributes to cohesion evolution; there is no relation between the software internal dimensions' evolution. The results also indicate that our method can accurately predict how the software system will evolve in short‐term and long‐term predictions.

The old Commonwealth model of constitutionalism

Comparative constitutional law is prone to two types of error. ‘Thin’ or overly formal accounts overlook important substantive dimensions of law and constitutions. ‘Thicker’ accounts often subsume the legal within politics or culture. Both types of error share a tendency towards presentism which stems, we argue, from insufficient consideration of the ‘jurisprudential perspective’ – the basic framework of legality which structures constitutional order and the ‘internal point of view’ that accompanies it, whereby actors within a legal order understand their association in terms of rights and duties. We turn to an older school of inquiry to see what such inquiry might entail. ‘Commonwealth comparative constitutional law’ explored questions of legality and sovereignty in the context of a collapsing British Empire. We assess the contribution of R.T.E. Latham, D.V. Cowen, Edward McWhinney and Geoffrey Marshall in the context of the Voters Rights legislation and litigation in 1950s South Africa in particular, and conclude by reflecting on the potential of this style of scholarship in our own era, where questions of sovereignty, exclusion and faux legality resurface in new and troubling forms.

Les contraintes, un a priori, des droits : tentative de mise en oeuvre d’une démarche antécédente

Le droit entretient des liens étroits avec l’idée de contrainte. Une théorie des contraintes juridiques a même été proposée. Il s’est agi de caractériser la contrainte d’un point de vue strictement interne au droit. Cette contribution propose d’envisager une démarche qualifiée « d’antécédente ». Cette démarche consiste schématiquement à sortir du droit pour tenter de mieux y revenir. Le résultat de sa mise en œuvre pourrait alors être le suivant : les contraintes s’analysent comme un a priori des différentes formes de droits.

Experimental study on fatigue damage of continuous steel–concrete composite beam by acoustic emission

To investigate the developing process and mechanism of internal fatigue damage of continuous steel–concrete composite (CSCC) beams, the fatigue test of two-span CSCC beams under cyclic loading was conducted, and the acoustic emission (AE) testing method was used to monitor the fatigue damage accumulation during loading. Internal AE propagation characteristics and residual deflection were compared to analyze the overall damage process as well as the boundary points of each fatigue stage. The fatigue failure mechanism of CSCC beams was deduced from an internal damage point of view. The fuzzy C-means algorithm was used to cluster the AE signals and extract the signals of the concrete structure. According to the energy accumulation-release signal of the fatigue crack tip, a novel method for fatigue damage location identification of the concrete structure was proposed, and the propagation characteristics of the fatigue crack along with the variation law of the AE wave velocity within the concrete slab were further investigated. Control parameters for fatigue damage, similar to the relationship between magnitude and frequency of earthquakes, were calculated, and the warning signs of fatigue failure of CSCC beams were inferred. The AE cumulative energy-based fatigue damage model was proposed to predict the damage status and fatigue life of the composite beam. Results have shown that the AE detection method is capable of continuously and accurately monitoring the fatigue damage within the composite beams in real-time as opposed to inspections that are solely based on appearance. The fatigue damage energy model also confirmed the fact that the fatigue damage growth follows an exponential function. The fatigue damage energy model and the AE method proposed based on AE attributes provided a more feasible and stringent method for fatigue damage prediction and analysis for CSCC beams.

Waldorf Education and Anthroposophy – A Complex Relationship

Waldorf education (Steiner e ducation) is one of the most well-established and largest alternative education approaches in the world. This educational approach was created out of the Anthroposophical worldview founded by Rudolf Steiner and relies on the teachings of Anthroposophy. However, the relationship between the educational practice in Waldorf kindergartens and schools and the worldview behind it is complex and multi-faceted, both from the internal point of view of those who work from within Waldorf education and from the critical point of view of external researchers. Indeed, Waldorf education has been criticized and attacked in many ways over the years, particularly for these reasons. In this article, I shall attempt to throw l ight on this connection and explain it from different aspects. First, I shall briefly present Rudolf Steiner's life path and teachings, i.e. the anthroposophical worldview, and then I shall show how Steiner, the founder of Waldorf education, viewed the connection between Anthroposophy and Waldorf education. Subsequently, I shall explicate why and how this connection has been subject to criticism from various sides. Finally, I shall present two ways that try to elucidate this connection and justify it before its critics.

Harmonization of the strategic priorities of bordering regions based on the strategy of «smart» specialization

The most important direction of cross-border cooperation of the EAEU countries is the development and use of tools to reduce the lack of knowledge of the Unions regions about each others potential in the field of industrial and scientific-technological development, identify the interconnectedness of regions and stimulate the development of interregional projects. In this respect, another major integration grouping of countries the European Union has already gained sufficient experience in developing strategies for cross-border and interregional cooperation to enhance the capacity of research and innovation, as well as the harmonization of strategic priorities of territorial development, where the European smart specialization is used as a methodological basis. The purpose of this article is to develop methodological principles of smart specialization in the implementation of cross-border cooperation based on the experience of the EU and other countries, proposals for their use in the development and implementation of programs and projects of cross-border cooperation of the regions of the Russian Federation. The authors have identified that the specificity of harmonization of strategic priorities of bordering regions is based on the identification of regional priorities from internal point of view and their subsequent interregional harmonization in two dimensions: 1) an innovative one, involving the formation of a cross-border regional innovation system; and 2) a socio-economic one, based on the potential of the border situation when forming a strategy for the socio-economic development of bordering territories. The conditions for the harmonization of strategic priorities of bordering regions are: 1) common problems, goals and objectives in the field of innovation, sustainable and digital development; 2) strengths and key competencies of participants of cross-border regions; 3) interested parties such as: territorial authorities, HEIs and research organizations, business, only if they have motivation in solving the identified problems.

Mental health of earthquake survivors in Turkey–Syria: what is needed?

In this Comment, Patwary et al. discuss the mental health needs of the Turkey–Syria earthquake survivors from an internal point of view, providing suggestions on what could be done for short- and long-term mental health improvement.

Alice in Wonderland: experimental jurisprudence on the internal point of view

ABSTRACT Humans have this extraordinary cognitive ability: They imagine inexistent objects, they treat them as if they were real, and by doing so they make them real. They thus give rise to a shared institutional reality that enables them to cooperate in ways that would be impossible otherwise. In this paper, we would like to revisit the account that HLA Hart gives of the practice of collective acceptance that makes a legal system possible. We try to provide an explanation of what Hart calls the ‘internal point of view’, on the basis of experiments on institutional concepts, drawing on the paradigm known as ‘embodied cognition’. Experts and non-experts in law rated the role of several cognitive dimensions for a list of words referring to two kinds of abstract concepts (institutional and theoretical/scientific) and two kinds of concrete ones (food and artifact). Institutional concepts were distinguished into pure-institutional (e.g., ‘contract’, ‘state’, ‘property’) and meta-institutional (e.g., ‘norm’, ‘duty’, ‘justice’). The results provide an empirical account of how our way of thinking about institutions changes as we acquire expertise in the legal field, thus shading light on the cognitive underpinnings of the ‘internal point of view’.

Analysis of Lampung Provincial Social Service website using PIECES framework

The official website of the Social Office Lampung Provincial contains news content, routine activities, and information on public services. The website has been changed from an internal point of view but does not yet know how satisfaction is based on user perceptions. As a result, users no longer want to visit the Social Office website, which is one of the problems, so it is necessary to build a measurement model for the classification of website user problems using the Framework Pieces. Previously, the reliability and validity test of the questionnaire was taken from 338 samples of respondents, then entered the data analysis stage by assessing user characteristics based on the Likert scale and class intervals. Framework Pieces succeed to classify the problems of 338 samples in the range of good and poor. For the Performance domain with a score of 3,62 (Good), the Informations or Data domain with a score of 2,57 (Poor), Economics domain with a score of 3,35 (Moderate), Control or Security domain with a score of 3,61 (Good), Efficiency domain with a score of 3,36 (Moderate), finally for Service domain with a score of 2,60 (Poor).

Metaethics and the Limits of Normative Contract Theory

AbstractThis article outlines two models of constructing contract theory: The impinging model (based on metaethical cognitivism), which gives central place to truth and justification; and the projectivist model (based on metaethical non-cognitivism), which gives central place to attitudes and motivation. It is argued that modern contract theories which typically seek to present the whole body of contract doctrine as deducible from, and morally justifiable by, one or a small number of apex principles, presuppose the impinging model. By contrast, a projectivist approach to theory creation does not purport to offer justificatory apex principles, but rather argues for propositions that are likely to have maximum motivational purchase in the practical reasoning of contract law’s subjects. The article then goes on to point out the theoretical cost of the impinging model and argues that projectivist accounts do a better job of accommodating the internal point of view of contract law’s subjects.

Strategic Management in Mover School Program: A Multi-Site Study at Antasan Kecil Timur 1 and Kebun Bunga 3 Banjarmasin

This study aims to examine the strategy formulation, strategy implementation, and strategy evaluation of the Mover School Program at SDN Antasan Kecil Timur 1 and SDN Kebun Bunga 3 Banjarmasin, with a multi-site descriptive qualitative technique. The main instrument as well as data sources and methods for gathering information were from principals, instructors, and supervisors in each field of research through observation and documentation study. Individualized and cross-site data analysis were used in data analysis. The reliability, dependability, and confirmability of the data using the criteria. The results showed that both sites had established their vision and mission, identified the opportunities and challenges facing the organization from an external point of view, identified the organization's strengths and weaknesses from an internal point of view, and prepared a long-term plan, resources, motivating employees, allocating resources, developing a culture that supports strategy, and creating budgets for the development and utilized information systems as a tool for strategic preparation.

Saxon Transylvania, An Identity Potpourri and a Cultural Catalysis in the Social Network Context of the Last Millennium

Saxons from Transylvania are a strong ethnic group. The present study brings to light an internal point of view of the Saxon identity. In the Transylvanian space, the Saxon identity is shaped by the interaction between the inhabitant ethnic groups present concomitantly in the same space. Saxons, Romanians, Hungarians and Rroma coexist and interact, developing cultural exchange

Legal Arguments and Case Law Precedents: An Experiment in Judicial-Sociological Experiment Between Practice and Theory

The object of this paper is to analyze some main types of judicial arguments based on precedents to grasp their relevance and range in practice. The analysis is drawn from the case law of the Italian Court of Cassation Civil United Sections, to elicit a comparison between the uses of precedents in different legal systems. However, the analysis is of an explanatory or critical-reconstructive nature and illustrates a series of uses and problems linked to judicial reasoning, the scope of which is general and therefore goes beyond the specific juridical context at hand. The analysis is conducted from an internal point of view and, particularly from the standpoint of the decision-maker (i.e., the judge) and addresses some vexatae quaestiones surrounding the idea that case law is the source of law in practice. This study the opinion that the argument surrounding precedent is, in fact, a very heterogeneous and much more extensive family of arguments than what is usually assumed from traditional taxonomies of judicial arguments. Moreover, the study defends the opinion that case law is inevitably a 'source of law' for pragmatic reasons inherent to judicial reasoning.

The Internal Point of View

The Internal Point of View

What is subjectivity? Scholarly perspectives on the elephant in the room

The concept of subjectivity has long been controversially discussed in academic contexts without ever reaching consensus. As the main approach for a science of subjectivity, we applied Q methodology to investigate subjective perspectives about ‘subjectivity’. The purpose of this work was therefore to contribute with clarity about what is meant with this central concept and in what way the understanding might differ among Q researchers and beyond. Forty-six participants from different disciplinary backgrounds and geographical locations sorted 39 statements related to subjectivity. Factor analysis yielded five different perspectives. Employing a team approach, the factors were carefully and holistically interpreted in an iterative manner. Preliminary factor interpretations were then discussed with prominent experts in the field of Q methodology. These interviewees were selected due to their clear representation by a specific factor and led to a further enrichment of the narratives presented. Despite some underlying consensus concerning subjectivity’s dynamic and complex structure and being used as individuals’ internal point of view, perspectives differ with regard to the measurability of subjectivity and the role context plays for their construction. In light of the wide range of characterisations, we suggest the presented perspectives to be used as a springboard for future Q studies and urge researchers, within and beyond the Q community, to be more specific regarding their application of the concept. Furthermore, we discuss the importance of attempting to deeply understand research participants in order to truly contribute to a science of subjectivity.

Wykładnia komparatystyczna czy niekomparatystyczne odwołanie do prawa obcego? Studium przypadku Trybunału Konstytucyjnego

Comparative Interpretation or Non-comparative Reference to Foreign Law? (A case Study of the Polish Constitutional Tribunal) The aim of the article is a reconstruction of the Constitutional Tribunal’s understanding of references to foreign law and jurisprudence. The research sample consists of judgments concerning: (i) the Lisbon Treaty; (ii) shooting down a civil aircraft; (iii) control of the objectives of a political party; (iv) data retention. Other judgements are referred supplementary. The article focuses on the internal point of view of the Constitutional Tribunal. It analyses how the Tribunal describes and understands the references to foreign law and foreign case law. It also discusses how the Tribunal uses that references. The main argument is that the Tribunal does not perceive its practice (i.e. references to foreign law) as comparative constitutionalism or comparative thinking. Consequentially, maybe it is not justified for scholars to criticize this practice as comparatively flawed. The article ends with a call to view the Tribunal’s references differently since the references to foreign law are an element of the non-linguistic context of the interpretation of constitutional provisions. It is also closer to an argument from authority than a comparative one.

The Internal Point of View in Private Law

Abstract: Most private law theorists claim to analyze private law from an internal point of view; a vantagepoint within which private law doctrine, institutions and procedure enjoy pride of place. Private law theory of a generation ago distinguished the internal from external points of view, valorizing the former and criticizing the latter for ignoring the normativity of private law or for mistaking private law for public law or regulation. The New Private Law, by contrast, asserts the complementarity of internal and external points of view, partly by emphasizing the value of functionalist analyses of legal form. In this article, we canvas leading accounts of the internal point of view in private law (provided by corrective justice and civil recourse theorists, respectively) and identify their shortcomings: notably, their inability to ground assertions about the normative and explanatory priority of the internal point of view, and about its relationship (whether of exclusivity or complementarity) to external points of view. We offer an alternative, and we think better, rendering of the internal point of view, drawing on the work of John Finnis. Amongst other things, our account vindicates the New Private Law’s alluring but elusive promise of perspectival integration, showing how private law may be understood as an interlocking set of practices of public practical deliberation equally concerned with reasoned compliance and behavioral conformity with practically reasonable laws.

A Study on the living space of Nampa old houses through the interview of residents

The premise of this study is that the relationship between human beings and residence can be understood when a house is identified from the perspective of occupant. From an internal point of view rather than an external point of view of a traditional house, it is intended to reveal the meaning of the relationship between humans and residence from the lives of residents. The type of housing has changed according to way of human life for a long time, and humans have conveyed the meaning of life through various actions within it. This study reveals the residential usage and meaning of house by investigating their residential behavior that have been passed down from generation to generation, in Nampa old house, one of the representative houses of Jeonnam-do.