Separate Judgments Research Articles

Omnisemantics: Smooth Handling of Nondeterminism

This article gives an in-depth presentation of the omni-big-step and omni-small-step styles of semantic judgments. These styles describe operational semantics by relating starting states to sets of outcomes rather than to individual outcomes. A single derivation of these semantics for a particular starting state and program describes all possible nondeterministic executions (hence the name omni ), whereas in traditional small-step and big-step semantics, each derivation only talks about one single execution. This restructuring allows for straightforward modeling of both nondeterminism and undefined behavior as commonly encountered in sequential functional and imperative programs. Specifically, omnisemantics inherently assert safety (i.e., they guarantee that none of the execution branches gets stuck), while traditional semantics need either a separate judgment or additional error markers to specify safety in the presence of nondeterminism. Omnisemantics can be understood as an inductively defined weakest-precondition semantics (or more generally, predicate-transformer semantics) that does not involve invariants for loops and recursion but instead uses unrolling rules like in traditional small-step and big-step semantics. Omnisemantics were previously described in association with several projects, but we believe the technique has been underappreciated and deserves a well-motivated, extensive, and pedagogical presentation of its benefits. We also explore several novel aspects associated with these semantics, in particular, their use in type-safety proofs for lambda calculi, partial-correctness reasoning, and forward proofs of compiler correctness for terminating but potentially nondeterministic programs being compiled to nondeterministic target languages. All results in this article are formalized in Coq.

As Though “Wit” Never Were: The Dual Pronoun as Interpretive Crux in The Wife's Lament

As Though “Wit” Never Were: The Dual Pronoun as Interpretive Crux in <i>The Wife's Lament</i>

Aspect-level sentiment analysis with aspect-specific context position information

In recent years, an increasing number of researchers have focused on the aspect-level sentiment analysis in the field of natural language processing. A coarse-grained sentiment analysis at the document level and a sentiment analysis at the sentence level can only judge an entire text comprehensively, whereas a fine-grained sentiment analysis distinguishes each concrete aspect of the text and makes separate judgments on the sentiment polarity. The word vector representation obtained by a recurrent neural network lacks a description of the distance relationship between the context words and aspect, and traditional models rarely consider the influence of the association between contextual sentences. In this paper, we propose an aspect-level sentiment analysis model with aspect-specific contextual location information. By designing two asymmetrical contextual position weight functions respectively, the model adjusts the weight of contextual words according to the positions of the aspect words in the sentences, and alleviates the interference of the difference in the number of words on both sides of the aspect words on the judgment of sentimental polarity. By utilizing single-sentence-level and multiple-sentence-level bidirectional GRU layers, model will extract the influence of the contextual association of each sentence in the document on the aspect sentiment polarity of individual sentences. In addition, we analyze the distribution properties of hard samples and design a novel loss function for the class imbalance problem in the field of sentiment analysis. For dataset 15Rest, the accuracy of our model is 4.27% higher than that of ASGCN, whereas the f1-score, which is more indicative of the classification performance on an imbalanced dataset, can be seen to be improved by 4.31% in comparison to the ASGCN.

Russian Reception by James Hogg (Soviet period)

The article continues a series of works devoted to the Russian reception of the Scottish writer James Hogg (1770–1835), a famous interpreter of folk ballads and author of The Private Memoirs and Confessions of a Justified Sinner (1824). Facts and materials related to the perception of J. Hogg in Russia in Soviet times are collected and summarized. It is indicated that during the period under review, in the studies of Russian literary scholars, separate judgments were made on the traditions of R. Burns in the works of J. Hogg, the role of W. Scott in his fate, etc. The Russian translations of the works of the English and American classics (in particular, J. G. Byron, E. A. Poe, J. F. Cooper) that appeared in the Soviet era, which contained references to the Scottish poet, are noted. The publications, which included information about J. Hogg, are comprehended, with special attention paid to S. Ya. Marshak’s epigram “Inscription on the Stone” mentioning J. Hogg’s name, the research of M. P. Alekseev, B. G. Reizov, R. M. Samarin and etc. The scientific works of A. D. Ivanova, first of all her Ph.D. thesis “The originality of the artistic work of James Hogg” (1990), which contributed, along with the changes in social life that occurred at the turn of the J. Hogg, the emergence of new translations of his works are analyzed.

Validation Repertories of Media Audiences in the Digital Age: Examining the Legitimate Authority of Cultural Mediators

This article contributes to the study of legitimate authority and symbolic power in the media field by analyzing what I call the “validation repertoires” of audiences, that is, the various ways individuals combine in a single set of beliefs separate judgments of how valid or worthwhile they regard the opinions of a media worker with a specific institutionalized background. The empirical analysis focuses on cultural mediators and has three aspects: (a) mapping repertoires via latent class analysis, (b) explaining adherence to repertoires by links to positions in the field, and (c) predicting how repertoires affect the concrete use of recommendation systems. The results show that, currently, validation repertoires are mainly organized according to the degree of validation, not the degree of institutionalization; the validation of mediators appears to be multifaceted, influenced by cultural and media-related resources and generalized institutional trust; and repertoires have an impact on choice behavior.

Consequences of Moral Transgressions: How Regulatory Focus Orientation Motivates or Hinders Moral Decoupling

How can firms mitigate the impact of moral violations on consumer evaluations? This question has pervaded the business ethics literature. Though prior research has identified decoupling as a moral reasoning strategy where consumers separate moral judgments from evaluations (avoiding moral compromise and dissonance), it is unclear what motivates individuals to decouple. It is the objective of this research to explore regulatory focus theory (i.e., a framework examining consumer mindsets as prevention or promotion orientated) as a motivating factor for moral decoupling. Three experiments are undertaken. Study one demonstrates that with a prevention mindset (e.g., analytical thinking) as opposed to promotion mindset (e.g., feeling-based thinking), moral decoupling can be achieved. Specifically, those in a prevention mindset report more favorable evaluations when information about a violation explicitly lowers (vs. does not lower) consequences of moral violations. However, when the violation is related to the business functionality of the brand, those in a prevention (vs. promotion) mindset report less favorable evaluations, except when consequences are lowered. This indicates an inability to decouple (studies 2–3), and results in negative emotions (study 3). The research shows that inability to decouple for those in a prevention mindset leads to negative emotions, lowering evaluations. These results contribute to the moral reasoning literature by linking regulatory focus to decoupling strategies. Further, the research bridges literature on norm activation, moral foundation, regulatory focus, and moral decoupling to reconcile theoretical differences in judgment styles. Implications for businesses and brands are discussed.

Ochberg v CIR: No “benefit” to the benefactor

This article analyses the South African case of Ochberg v CIR, which dealt with the question whether shares issued by a company to Ochberg, who was, for all intents and purposes, the sole shareholder, in consideration for services rendered and an asset provided to the company, constituted “income” in terms of the definition of “gross income” in section 7(1) of the Income Tax Act No. 40 of 1925 (as it then applied). Ochberg’s contention was that he had received no benefit from the additional shares issued as the value of all the shares issued had been the same both before and after the issue of the shares. Accordingly, there had been no increase in his wealth and thus no income had been received. The majority decision (two of the five judges dissenting) of the Appellate Division of the Supreme Court held that the shares were “income” and had to be valued at their nominal value. The article first provides a glimpse into the life of Isaac Ochberg, who was a substantial benefactor to charitable causes. It then presents a thematic analysis of the four separate judgments set down in the case, and finally, discusses certain tax principles arising from the judgments. In conclusion, the article considers to what extent Ochberg benefited from the transaction in terms of the Haig-Simons model of taxation and the economic reality of the transaction. The lasting value of the decision is demonstrated with reference to citations of Ochberg v CIR in a number of more recent landmark cases.

Naknada troškova postupka kao oblik pravičnog zadovoljenja u praksi Evropskog suda za ljudska prava

The reimbursement of the costs and expenses incurred by the applicant in the proceedings is the one form of just satisfaction which is not explicitly provided for in Article 41 of the ECHR. The costs and expenses incurred in order to prevent a violation of the Convention or to remedy the consequences of a violation thereof shall be reimbursed. They cannot be covered by the mere statement that the injury itself constitutes just satisfaction without awarding a monetary sum. The award relates both to the costs incurred by the applicant before the domestic authorities and in the proceedings before the ECtHR itself. In terms of costs payment, the applicants are at a disadvantage as compared to the States. In order to mitigate this inequality, free legal aid has been established. It is granted by the ECtHR upon the applicant's written request or on its own motion. Legal aid shall be given if it is necessary for the proper conduct of the proceedings and if the applicant has insufficient means to meet all or part of the costs entailed. Free legal aid covers the fees of the applicant's legal representatives as well as other expenses incurred by the applicant and related to the proceedings. The Convention does not provide the criteria for affording costs and expenses, but the issue is settled by the Court in each particular case. Through long-standing and extensive case law, a four-part test for awarding costs and expenses has been established. According to that test, the costs must cumulatively fulfill the following conditions in order to be reimbursed: they were incurred in connection with a violation of the Convention; they were actually incurred; they are necessary; and they are reasonable as to quantum. As regards the procedure, the Court does not award the costs on its own motion or in excess of the amount claimed by the applicant. A claim for reimbursement can be made only by the plaintiff in his own name and within the time limit set by the Court. The request must be accompanied by all the necessary evidence to show that the costs were actually incurred. The Court may decide on the submitted request in the principal judgment or postpone this issue and settle it in a separate judgment. If the Court has accepted the claim, it awards in the judgment the lump sum covering all recognized costs. The state must pay the reimbursement within three months and interest will accrue after the expiry of that period.

Organisational Rights for Minority Trade Unions: A Reflection on Ngcobo J’s Judgment in Numsa and Others v Bader Bop (Pty) Ltd and Another (2003) 24 ILJ 305 (CC)

The Constitution of the Republic of South Africa contains a Bill of Rights which enshrines the rights of all the people in the country. These rights include trade unions and employers or employers’ organisations rights. This chapter deals with organisational rights for minority trade unions with specific reference to the decision of the Constitutional Court in NUMSA and Others v Bader Bop (Pty) Ltd and another and more particularly the judgment delivered by Ngcobo J. It argues that by recognising organisational rights to a minority trade union like NUMSA, outside Part A of Chapter III of the Labour Relations Act which only grants them to majority or representative trade unions, the Bader Bop judgment brought about a ‘revolution’ in the South African labour law jurisprudence. This judgment will remain one of the jewels of the South African jurisprudence and Ngcobo J, who delivered in this case one of his few separate judgments, played an important role during this revolution facilitated by a transformative and substantive interpretative approach that went beyond the Labour Relations Act to consider the Constitution and international law.

Abnormal crowd motion detection using double sparse representation

The sparse representation method is widely used in the area of abnormal crowd motion detection to accurately represent the crowd motions with high dimension features. To overcome its lack of training samples and achieve more accurate detection, a double sparse representation method with a dynamic dictionary updating process is proposed. The proposed method utilizes two sparse representation classifiers that each gives a separate judgment for every test sample. Fuzzy integral is also employed to detect any abnormality in a sample. The results of experiments conducted on various datasets show that the proposed method achieves higher accuracy than state-of-the-art methods in local and global abnormal events detection.

Judging Total Volumes Of Silhouetted Spheres In Different Numerosities.

Volume and number are addressed separately rather than combined in perception research. Yet, our everyday problems often involve summed continuous volumes of countable solid objects with partial depth cues (e.g., food items). The participants were presented with a set of black-and-white silhouettes of spheres that independently varied in numerosity (from 1 to 6) and total volume (2, 4, 6, or 8), and an adjacent silhouette of a partially filled cylinder. They judged how much the silhouetted sphere(s) in the set would raise the level of the cylinder content if the spheres were immersed into that content. Higher total volumes and numerosities of the spheres were judged slower and underestimated. Lower total volumes and numerosities were judged faster and overestimated. These effects strongly reflected the total silhouette area of the spheres in a set. The discontinuous effect of numerosity on judgment accuracy and speed suggested separate judgment modes below and above Numerosity 3.

Addressing ‘Loss of Identity’ in the Joint Judgment: Searching for ‘The Individual Judge’ in the Joint Judgments of the Mason Court

There has been a spate of recent articles by current, and former, judges in Australia debating the relative merits of joint and separate judgments.[footnote* See, eg, Justice Dyson Heydon, ‘Threats to Judicial Independence: The Enemy Within’ (2013) 129 Law Quarterly Review 205; Sir Anthony Mason, ‘Reflections on the High Court: Its Judges and Judgments’ (2013) 37 Australian Bar Review 102; Peter Heerey, ‘The Judicial Herd: Seduced by Suave Glittering Phrases?’ (2013) 87 Australian Law Journal 460; Justice Stephen Gageler, ‘Why Write Judgments?’ (2014) 36 Sydney Law Review 189; Justice Susan Kiefel, ‘The Individual Judge’ (2014) 88 Australian Law Journal 554. For a summary of the alternative views expressed in these offerings see Andrew Lynch, ‘Keep Your Distance: Independence, Individualism and Decision-Making on Multi Member Courts’ in Rebecca Ananian-Welsh and Jonathan Crowe (eds), Judicial Independence in Australia – Contemporary Challenges, Future Directions (Federation Press, 2016) 156.] One of the arguments against joint judgments is that they entail the loss of individual voice and due recognition for the development of the law.

The elimination‐plus lineup: Testing a modified lineup procedure with confidence

AbstractThe present study examined whether a modified form of a preidentification confidence rating would provide evidence of a suspect's guilt in addition to the identification decision confidence. Participants (N = 241) viewed a videotaped mock crime and were presented with a target‐present or target‐absent simultaneous, sequential, elimination, or elimination‐plus lineup procedure; both elimination procedures required 2 separate judgments from the witness (i.e., relative and absolute). The elimination‐plus procedure was identical to that of the elimination procedure with the addition of the confidence rating in between judgment 1 and judgment 2. Confidence after judgment 1, confidence after judgment 2, and the average of the 2 confidence ratings with the elimination‐plus procedure significantly predicted accuracy for choosers. Given that confidence has been recognised by the Supreme Court of the United States, these results shed light on a novel way of utilising confidence in the investigative process.

Adición de la figura procesal separación de juicios a la Ley de Amparo en México

This trial arises in connection with the amendment to the Law of Amparo in Mexico, published in the Official Journal of the Federation on 2 April two thousand thirteen of which the procedural figure of cumulation under Article 57 was repealed , 58, 59, 60, 61, 62, 63, 64 and 65 foundations forming the basis contrary to the jurisprudence of the origin of the separation of judgment on amparo, which occurs in cases that, in a claim for protection act emanating from various trials, unrelated to each other they are claimed, and this demand has been supported by the District Judge or such circumstance is noticed during the conduct of the trial (even before the celebration the constitutional court), the justified because of the reports rendered or the responsible authorities. In such conditions it is beneficial to the procedural figure separation judgments on amparo and not go against the criteria of the new Law on Amparo, the integration of the separation of trials proposed under current law, the objective of creating legal certainty, eliminate denial prompt and expeditious justice who comes to seek the protection of the federal courts, and to avoid issuing a statement inconsistent with it a problematic same and consistent in taking compliance.

The influence of object size on judgments of lateral separation

The size of a previously experienced object has a significant effect on depth judgments in visually sparse environments. The present research explored whether familiar object size also significantly influences judgments of lateral separation. Experiment 1 required participants to detect changes in lateral separation using a one-shot change detection paradigm with a closer/same/farther forced-choice response. Participants accurately detected changes in lateral separation, although concurrent changes in object size significantly reduced the accuracy of their judgments such that increases (or decreases) in object size caused a relative underestimation (or overestimation) of separation. Experiment 2 replicated these results using a distance reproduction methodology. These results indicate that familiar object size exhibits a significant effect on judgments of lateral separation.

Data‐driven Evaluation of Visual Quality Measures

AbstractVisual quality measures seek to algorithmically imitate human judgments of patterns such as class separability, correlation, or outliers. In this paper, we propose a novel data‐driven framework for evaluating such measures. The basic idea is to take a large set of visually encoded data, such as scatterplots, with reliable human “ground truth” judgements, and to use this human‐labeled data to learn how well a measure would predict human judgements on previously unseen data. Measures can then be evaluated based on predictive performance—an approach that is crucial for generalizing across datasets but has gained little attention so far. To illustrate our framework, we use it to evaluate 15 state‐of‐the‐art class separation measures, using human ground truth data from 828 class separation judgments on color‐coded 2D scatterplots.

The Supreme Court of the United Kingdom and English Court Judgements

The Supreme Court of the United Kingdom, which heard its first case in 2009, replaced the Appellate Committee of the House of Lords (sections II and III of this paper). The Supreme Court’s decisions will be binding on all lowers civil and criminal courts in England and Wales and Northern Ireland, and on Scottish civil courts if the appeal emanates from Scotland. The Supreme Court controls its own case load. It decides fundamental questions concerning judge-made law (the 'Common Law', including the auxiliary body of substantive and remedial law known as 'Equity') and questions arising from statute, including human rights legislation and points of European law and European human rights law. But there are powers of extra-territorial recourse to the Court of Justice of the European Union in Luxembourg (matters governed by the European Union) and by the European Court of Human Rights in Strasbourg (concerning the European Convention on Human Rights). Section IV addresses the problem of excessively long judgments (the problem is exacerbated, as noted in section V, by the tendency for appeal judgments in the British appeal courts, including the Supreme Court, to contain separate judgments by the different members of the relevant tribunal). Section VI examines the occasional difficulty arising from the advocates’ joint decision to confine their submissions to particular legal issues and to refuse to open up for decision wider legal issues, even though those matters are relevant to the dispute and ripe for judicial exposition or re-examination.

CIVIL LITIGATION NEGLIGENCE AND THE MALAYSIAN ADVOCATE

Civil litigation negligence now stands on a surer footingfollowing cases from Canada, England and elsewhere which lay emphasis on theadversarial system rather than the structure of the profession, and immunityhas now been almost completely abolished by judicial decisions. In Malaysia,the basis of legal professional liability is expected to be re-aligned to beconsistent with the other common law countries that have abolished immunity.The questions that necessitate consideration are therefore acts that wouldconstitute negligence and those that are excusable, the relevant defences, and,of course, the alternative sanctions to civil litigation for this type ofnegligence. The fused nature of the profession in Malaysia, perceived to bemore burdensome to its members, raises the question of the appropriate standardof the duty of skill and care.(For the purposes of this article an ‘advocate’ refers to theMalaysian (and Singaporean) lawyer, who as a member of a ‘true fused’ profession,engages in litigation or ‘contentious business’ as defined in s. 3 of the LegalProfession Act 1976.) {The writer is of the firm view that criminal casesshould be considered separately from civil cases because of the difference inthe law of procedure relating to the preparation of a case for presentation incourt and the public policy considerations peculiar to each type of case asseen in the approach taken by the House of Lords in Arthur J.S. Hall vSimons in which separate judgments were delivered for each type of case.And in Rees v Sinclair [1974] 1 NZLR 180, a civil case, in whichthe New Zealand Court of Appeal did not consider the position in criminalcases.}

Prosecutor v. Taylor

On April 26, 2012, Trial Chamber II (Chamber) of the Special Court for Sierra Leone (Special Court or Court) in The Hague convicted former Liberian president Charles Ghankay Taylor of crimes against humanity and war crimes committed from November 30, 1996, to January 18, 2002, in the territory of Sierra Leone during its civil war. Specifically, Taylor was found guilty of the crimes against humanity of murder, rape, sexual slavery, enslavement and other inhumane acts, and the war crimes of committing acts of terror, murder, outrages upon personal dignity, cruel treatment, pillage, and conscripting or enlisting children under the age of fifteen years into armed forces or groups or using them to participate actively in hostilities. In a separate judgment rendered on May 30, 2012, the Chamber sentenced Taylor to a single term of fifty years for all the counts on which the accused had been convicted.

Policy Preferences and Legal Interpretation

AbstractThis article presents an empirical study of statutory interpretation. Respondents were asked to read statutes and answer questions about how they should be applied to simple cases. The results suggest, first, that it is difficult to separate judgments about the linguistic meaning of a statute from policy preferences about it. Different ways of framing the interpretive question have consequences, however; asking how an ordinary reader would interpret a text helps produce answers that are distinct from a respondent’s own preferences about it. The article considers why this might be so and discusses implications for the interpretation of statutes by courts.