Normative Interpretation Research Articles

La colaboración eficaz en las personas jurídicas y el presupuesto de la responsabilidad penal

The article that is submitted for consideration by the academic community deals with the relationship that exists between effective collaboration in legal entities and their criminal liability. First of all, it should be noted that the objective of the article is to analyze the existing deficiencies in the regulation of criminal liability and the effective collaboration of legal entities in Peru and how these deficiencies could affect the purposes of the criminal process. Secondly, the materials used are the norms, doctrine and jurisprudence that concern the topic. Regarding the method, we will say that our research is qualitative-interpretive in nature, since it is an analysis of the doctrine and normative interpretation of the models of criminal liability of legal entities. Regarding the results, we will say that there is a deficient regulation of the criminal liability of legal entities, marked by the lack of coherence between Law No. 30424, Law that regulates the administrative responsibility of legal entities for the crime of transnational active bribery, and the political-criminal motives that supported the bill of origin.

Stanley Milgram’s Purloined Letter: A Plea for a Normative Interpretation of the “Obedience to Authority” Experiments

I argue here that the theoretically central aspect of Stanley Milgram’s “experiments on obedience to authority” continues to elude main current commentators because it does not fit into the current paradigm of Milgram’s studies: the presentation and the justification of a set of rules to the subjects. I argue that taking this fact into account radically changes the interpretation of the subjects’ conduct: they are not submitting to an authority, they are not obeying orders, but they are applying a justified rule. If such is indeed the case, the interpretation of the experiments should not be primarily psychological, but normative.

The Language of Responsibility in the United Nations Security Council, 1946–2020

Abstract The United Nations Security Council (UNSC) is the United Nations' most powerful institutional body, charged with the “primary responsibility for the maintenance of international peace and security.” The main instrument through which the Council asserts this power is its resolutions, specifically by using resolution text to attribute responsibility. The UNSC uses responsibility language to assign tasks, identify accountability under international law, or reflect the Council's normative interpretation of political principles. Yet we lack a comprehensive empirical description of responsibility attributions in UNSC resolutions. We address this gap by providing an original dataset of the full text of all UNSC resolutions between 1946 and 2020. We use this data to show that the Council has significantly increased responsibility attributions since the end of the Cold War, but only for a very specific subset of terms, targeting predominantly states and individuals. We further demonstrate how the data can inform debates about the timing and status of the “responsibility to protect” as an international norm. The data and findings provide a helpful starting point for many future research endeavors, including the role of member states in the UNSC, quantitative and qualitative research on UNSC decision-making processes, or topic development of the UNSC agenda in general.

An Inchoate Crime in Criminal Law: Prospects of a Constructionist Approach

The paper considers the possibilities of solving some problems of crime qualification using the juridicalconstructionist approach. The focus of the legal analysis is on the structural features of a specific normative prescription of the criminal law with the peculiarities of the connections between its elements. First, the author shows how the application of different legal structures to similar facts of the case changes the legal assessment of what has been done from a completed crime through an attempt to commit it and to conclusions about the absence of a criminally punishable act. Second, the author discusses the issue of determining not only the moment of the legal completion of the crime, but also the moment of the legal beginning of the crime to find the boundaries between the preparation for the commission of a crime and the attempt to commit it. The author provides his understanding of the legal structure in criminal law, as well as its content. Using the example of judicial normative interpretation and law enforcement practice, the author proves that legal structures can change, despite the fact that the disposition of an article of a Special part of the Criminal Law may remain unchanged. According to the author, the main work on the description and modification of legal structures is carried out by the Supreme Court of the Russian Federation, including its Plenum. The paper demonstrates positive aspects of the constructionist approach in the legal analysis of an unfinished crime, as well as the difficulties that may be caused by it. For clarity, using the analysis of legal structures, the author elucidates approaches to the qualification of attacks on the life of two or more persons, when one victim was killed, and one or more other victims were not killed due to circumstances independent of the will of the perpetrator. In the process of this analysis, the author demonstrates the distinction between attempted murder of two or more persons and preparations for such a crime, and provides his considerations concerning decisions of the courts of appeal of general jurisdiction.

Existential Threat as a Casus Belli

Existential threat is often mentioned in political rhetoric. While it is mostly used to denote threats to humanity as a whole, like climate change or AI, it is also used on a smaller scale. Existential threat to a state or a similar entity is often evoked too. Such a threat is considered grave enough to justify war and – possibly – the use of nuclear weapons. In the present article, the author aims to deconstruct the notion of “existential threat” in relation to the state and show that it should not be used as a reason to go to war. The main argument is that the state has a specific mode of existence which makes it impossible to speak of state death unambiguously. Therefore, there can be no apparent threats to its existence. The author proposes a normative interpretation of the state. The state is understood as a project of a certain group, or even an individual, therefore the discussion of “existential threat” to a state should be dropped in favor of a more grounded evaluation of potential gains and losses by different social groups and political parties.

Traveling technology and perverted logics: conceptualizing Palantir’s expansion into health as sphere transgression

ABSTRACT This paper contains a normative interpretation and critique of Palantir’s expansion into the health domain by using the conceptual lens of ‘sphere transgressions’. The technology company, known for its activities in the sphere of security, expanded into the health domain during the pandemic, providing software to monitor the spread of Covid-19. In 2019 Palantir was severely criticized by human rights organizations for its role in Immigration and Customs Enforcement (ICE) under the Trump administration. Activists and politicians worry about Palantir’s move into health. However, critique is often limited to data protection. These concerns fail to grasp the risks and harms of this expansion. In this paper, I explore the risks of Palantir’s expansion into the health sphere using Sharon’s sphere transgressions framework as a conceptual lens and critical tool to understand and judge this move. We should anticipate the risks of no public returns, dominance, and new dependencies. While this might be true for many Big Tech actors, I add that Palantir’s expansion might be particularly pernicious. Palantir’s history reveals the perversion of logics under exclusionary politics in the sphere of security. At the very least, this warrants special vigilance when importing their technologies into the sphere of health. I conclude that the sphere transgressions framework reveals risks beyond data protection regarding Palantir’s expansion into the health domain.

Обоснование нормативности права: плюрализм подходов

The relevance of the article is caused by the debatable nature of the problems of the relationship between the legal normativity and the practice of regulating legal relations, which implies the need to study the normative nature of law and normativism in law as a widely accepted direction in legal science. Cognition of the first was carried out using general scientific methods of analysis, synthesis and abstraction. The work examines the views of P.I. Novogorodtsev, I.A. Ilyin, G. Kelsen and concludes that normative knowledge of law leads to a comprehensive scientific understanding. Normativism in various variations gives the norms of law a self-sufficient meaning and relies on the formal dogmatic method. Using this method, the article shows normativity in law in acts of normative interpretation, which, through the law enforcement activities of officials, become mandatory for an indefinite circle of persons and, thus, have “actual normativity”. The connection between the normative and the actual in the realization of legitimate interests and in cases of “experiencing the law” is sub-stantiated. The rule of law acts as a kind of measure applied to legal entities, which can be justified by the force of state coercion or by the metaphysics of the origin of law.

中国数据可携权的赋权法理问题与完善进路

Under the background of digital economy, data, as a new factor of production, plays an extremely important role in resource allocation. The collection, storage and transfer of personal data are gradually normalized, and personal data has become an important resource for public management, social services and business competition. However, the problem also emerges. How to realize the free flow of data while protecting the rights of data subjects to their personal data, and create a win-win situation between the protection of personal data rights and the development of digital economy is a major problem facing the world. The emergence of the portability right of personal data undoubtedly provides ideas for the solution of this problem. In the exercise of this right, the data subject can independently control the flow of personal data among different data controllers, which has the dual effect of enhancing the self-determination right of the data subject and promoting the competition in the data market. At present, the European Union, some states of the United States, Brazil and other countries and regions are formulating laws to raise the right of data portable as a personal data right, and there are also relevant provisions in China's Personal Information Protection Law. As a response to the protection of personal information in the digital age, the right to data portability has a far-reaching significance in protecting the data control rights of users and the barrier-free data transmission. Major countries in the world are already building localized specific specifications for the right to carry personal data, and it will reach more countries and regions in the future. The right to carry personal data is not only related to personal interests, but also an important means to develop the digital economy and realize the marketization of data elements. Therefore, China should also timely build a specific system for the right to carry personal data with Chinese characteristics according to its national conditions. Based on the normative interpretation of China's Personal Information Protection Law, the practical needs of data subjects to realize the right of personal information, and the useful reference of the judicial practice of countries outside the region, the data portable right has further applicable legal logic. The portability of personal data is an extension of the rights and interests of personal information in the Civil Code of China. The establishment of this right can effectively strengthen the individuals' possession and effective control of data, which can not only enable individuals to gain personality independence in the digital economy, but also become a beneficiary of data contribution and reuse. The study of the right to data portability is conducive to improving the personal data protection system, and further clarifying the data ownership and transfer between individuals and enterprises, and between enterprises and enterprises. Unfortunately, there are still disputes between the property right and the personality right in the legal property of the current data portable right, and the fuzzy exercise rules and the confusion of the scope of application lead to its unsatisfactory effect. In view of the problems of the right to data portability, China build personal data carrying system can draw lessons from the European Union and other countries mode and system specification, but not copy, it is in the practice of carrying data at home and abroad and mode analysis and research under the premise of, conform to China's national conditions and the development status of the specific design. Firstly, the dual attribute of “property right + personality right” should be clarified. It not only fully reflects the personal characteristics and rights of the data subject, but also highlights the economic value created by the personal data for the data subject.

Rational risk‐aversion: Good things come to those who weight

AbstractNo existing normative decision theory adequately handles risk. Expected Utility Theory is overly restrictive in prohibiting a range of reasonable preferences. And theories designed to accommodate such preferences (for example, Buchak's (2013) Risk‐Weighted Expected Utility Theory) violate the Betweenness axiom, which requires that you are indifferent to randomizing over two options between which you are already indifferent. Betweenness has been overlooked by philosophers, and we argue that it is a compelling normative constraint. Furthermore, neither Expected nor Risk‐Weighted Expected Utility Theory allow for stakes‐sensitive risk‐attitudes—they require that risk matters in the same way whether you are gambling for loose change or millions of dollars. We provide a novel normative interpretation of Weighted‐Linear Utility Theory that solves all of these problems.

Spanish validation of the Pediatric Quality of Life Inventory (PedsQL™ 4.0) for parent report for toddlers (ages 2–4)

Background/objectiveHealth-related quality of life is a concept that includes aspects about physical, emotional and social well-being. The aim of the study was to validate the PedsQL for parent report for toddlers in Spain and provide reference data in a Spanish population.MethodThe sample included 478 parents (89.5% mothers) of children aged 18–36 months (M = 26.75 months). Sociodemographic data were gathered, and the PedsQL and Kiddy-KINDL-R were completed by the participants.ResultsThe fit of the original structure of the PedsQL was acceptable (CFI = 0.93; TLI = 0.92; RMSEA = 0.06), and the results showed good internal consistency (α = 0.85). The items about nursery school were excluded, since not all the toddlers attended this type of educational centre. Significant differences were found in physical health and activities and in the total mean in terms of parent education level, and in social activities regarding gender. For the normative interpretation of the PedsQL, the first, second and third quartiles corresponded to 77.78, 84.72 and 90.28, respectively.ConclusionsThis instrument is not only useful to individually evaluate the quality of life of a child with respect to his/her group, but also to measure the efficacy of a possible intervention.

Is the majority always right? Young children's normative interpretations of majority and dissenting peer behavior

AbstractThe present study investigates the social‐cognitive underpinnings of young children's bias to follow the majority. More specifically, we focus on the question of whether children not only copy the behavior of a majority of peers, but whether they also understand this majority behavior as a social norm that everyone needs to follow. Additionally, we investigated whether seeing a unanimous majority or a majority and dissenting peer makes a difference for children's normative understanding. Participants included 180 preschool‐age children (4‐to‐5 years old) who engaged in a conformity paradigm, where they either saw the behavior of a unanimous majority of peers, or additionally the behavior of a single dissenting peer, or only the behavior of two individual peers behaving differently (Control). Afterward, children mostly copied the unanimous majority and protested against others, when they deviated from this majority, thus indeed interpreting the behavior of a unanimous majority as a norm that others need to follow. However, when they had seen a majority as well as a dissenter, children's protest and copying in favor of the majority dropped. Overall, our findings show that preschool children interpret the behavior of a unanimous majority as normative. However, when children additionally see a dissenter's behavior, this normative interpretation is weakened.

Synthesizing Vygotsky's Sociocultural Theory and Deaf Pedagogy Framework Toward Deaf Education Reform: Perspectives From Teachers of the Deaf.

In U.S. deaf education, disablement results from a normative interpretation of disability in the Individuals With Disabilities Education Act. However, Vygotsky's Fundamentals of Defectology (1993) allows educators to view current deaf education pedagogical practices through a sociocultural-constructivist lens and reject the current remedial special education model. We explore our experience as teachers of the deaf to analyze the current state of deaf education, synthesizing two core areas of Vygotskian research-sociocultural theory and deaf pedagogy-and applying them within a framework outlining characteristics of accessible educational environments that facilitate deaf children's sociocultural and intellectual development. We also examine how special education laws create barriers to implementing Vygotsky's recommendations, then offer practical, actionable solutions based on our sociocultural-constructivist deaf education synthesis. We close with suggestions for systemic change in deaf education that can provide deaf students with equitable, accessible educational environments.

Can Virtue Ethics Derived from Neo-Aristotelianism be Perfectly Self-Explanatory

As a result of the rise of neo-Aristotelianism in recent times, the discussion of 'virtue' has led to the question of whether virtue ethics can exist as a sound system. Prior to this, there was no normative standard for 'virtue', deontology ignored human nature, and utilitarianism focused more on instrumental reason, ignoring the plurality of the 'good'. Anscombe defined 'virtue ethics' in his Modern Moral Philosophy, and Nussbaum built on this by arguing that goodness does not depend only on the rationality of the actor, but also on morality and institutions, and Hesterhaus provided a normative interpretation of virtue ethics from an Aristotelian standpoint. However, as virtue ethics defines and regulates virtue ethics, it is difficult to form a logically coherent system, as either virtue ethics is more or less connected to other ethics, and there are even contradictions between specific claims.

Super Priority under Business Environment Reform—Normative Interpretation of Article 416 of the Civil Code

Super Priority under Business Environment Reform—Normative Interpretation of Article 416 of the Civil Code

The powers of constitutional (statutory) councils of subjects of the Russian Federation as bodies of legal protection of the Basic Law

Constitutional (statutory) council is a new state body of federal subjects of Russia. The council is designed to replace the regional body of constitutional justice, abolished since 2023. At the same time, status of this new body is not detailed in the federal legislation, therefore, it gives rise to conflicting approaches in legal science. It is not clear whether the constitutional (statutory) council should (can) be a constitutional control body. Or it should be a supervisory body. It is not clear what set of powers the constitutional (statutory) council should have. The work uses historical and comparatively legal research methods. The authors study the experience of constitutional councils in republics of Yakutia, Bashkiria and Adygea. The conclusion is made about the main purpose of constitutional (statutory) councils: to ensure the supremacy and direct action of the Basic Law of the constituent entity of the Russian Federation and to exercise its legal protection. This implies the presence of powers: for normative control; on the interpretation of the constitution (charter) of the constituent entity of the Russian Federation; to resolve disputes between the highest authorities of the constituent entity of the Russian Federation. At the same time, an analysis of the laws on constitutional councils of subjects of the Russian Federation shows that they have the authority to exercise normative control in relation to all normative acts of a subject of the Russian Federation and local governments. However, they cannot deprive them of their legal force, since their decisions are advisory in nature. The right to interpret the Basic Law is granted to constitutional councils only in Yakutia and Bashkiria. The results of the interpretation are also advisory in nature, so the interpretation cannot be called an official interpretation (especially since the Constitutional Council of Bashkiria is preparing only a draft of such an interpretation). There is no power to resolve disputes in the laws on the status of constitutional councils in Yakutia, Bashkiria and Adygea. The conclusion is made about the ineffectiveness of the means of legal protection of the Basic Law available in the constituent entities of the Russian Federation. Mechanisms are proposed that will ensure the effectiveness of decisions of constitutional (statutory) councils. The right of constitutional councils to give an official normative interpretation of the Basic Law of a constituent entity of the Russian Federation is substantiated.

Interpretation of law as a special legal form of state bodies activity: concepts, signs, types

The Paper provides a general theoretical description of the interpretation of law as a special legal form of activity of state bodies, in particular, its concepts, features and types are revealed. It was noted that in the activities of the competent state bodies, the official interpretation receives a legal form.
 Interpretive legal form is a complex, multifaceted, penetrating all basic forms of creation and implementation of law, the work of competent public authorities and their officials to clarify and explain the content and goals of legal norms. It is characterized by general features of legal forms of activity, including: regulation by material and procedural rules of law, the ability to lead to legally significant consequences, connection with the consideration of legal cases, limitation and specificity of the subject composition, legal manipulation nature, formality (documentation).
 For the vast majority of public authorities, regardless of belonging to one or another subsystem, the interpretive form of activity is not the main one, and even more so, a prerogative. Rather, it is given an auxiliary, secondary role to ensure the optimal functioning of this body in conditions of legal certainty. It is actually an authentic normative interpretation, when the content of the norm is interpreted by the body that established it, that is, the author of the norm. In this case, interpretative powers are derived from normative ones. However, for some public authorities, interpretation activity is one of the priority legal forms; in this case, we are talking about a legal normative interpretation.
 Like other legal forms of state activity, the interpretive form has a procedural nature. Intellectual-volitional actions, taking into account the sequential nature of their implementation, can be divided into the stage of official interpretation. At the same time, a significant similarity between the stages of law-making and the stages of interpretation of legal norms was noted. The normative basis of legal interpretation activity needs significant improvement and detailing in order to avoid misunderstandings and abuses during its implementation.

Development of the Theory of Interpretation of Law in Western European Jurisprudence

The article shows the main approaches to the theory of interpretation and legal interpretation in Western European philosophical and legal science. The art of interpretation has its origins in ancient times and has developed and is developing in various directions by representatives of different sciences. It seems justified to start the research with a general theory of interpretation, followed by a transition to legal interpretation (interpretation of law). At the same time, normative interpretation is considered as a link through which the transition from interpretation in general to legal interpretation takes place. Only the works of representatives of the Romano-German law school have been analyzed. Moreover, both works that belong to the classics of philosophy and jurisprudence, and the works of modern researchers. It is shown that the fundamental ideas of the classics of the theory of interpretation have been developed in the works of modern lawyers. The author proceeds from the fact that the peculiarities and patterns of the formation and formation of the Romano-Germanic legal family significantly influenced the views and methodological approaches of lawyers representing these legal systems. On the basis of modern research, a number of conclusions are drawn that seem important for the modern theory of interpretation of law and legal practice. Attention is focused on the fact that it is unacceptable to identify political and specifically legal interpretation. The author draws attention to the fact that currently the research of the theory of interpretation is not limited to the framework of national legal systems and goes to the global level. This article should be considered as one of their possible attempts to study the theoretical and legal patterns existing in the theory of legal interpretation. The article may be of interest to specialists in the fi eld of general theory of law and comparative law.

A response function that maps associative strengths to probabilities.

Bridging associative and normative theories of animal learning, I show that an associative system can behave as if performing probabilistic inference by using the function f(V) = 1 - e-cV to transform associative strengths (V) into response probabilities. For example, using this function, an associative system can respond normatively to a compound stimulus AB, given previous separate experiences with the components A and B. The CR probability formulae that result from the proposed function have a normative interpretation in terms of statistical decision theory. The formulae also suggest a normative interpretation of stimulus generalization as a heuristic to infer whether different stimuli are likely to convey redundant or independent information about reinforcement. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

Modeling a smooth course of learning and testing individual deviations from a global course

Formative assessment supplies valuable feedback for teachers and learners, and has been facilitated by computerized implementations. While longitudinal within-student assessment or within-class comparisons are useful, a normative interpretation of an individual’s course of learning can only be given relative to a reference population. As current computerized assessment systems sample items from pools or adapt tests, monitored students might work on non-overlapping item sets, so that classic sum scores cannot be compared directly. To meet this challenge, the Smooth Growth and Linear Deviations Rasch Model (SGLDRM) is introduced, an extension of Rasch’s item response theory model for binary test data. With the help of spline functions a smooth global course of learning is included. The model is flexible enough to accommodate increases and/or decreases of the mean ability level, which might be more or less pronounced at each measurement occasion. On the individual level, a random slope and a random intercept with amenable interpretations modify the global course of learning. Two measurement occasions suffice to estimate person-specific courses. A likelihood ratio test allows identifying students whose performance differs from the mean course. The methodology is illustrated with data from an online dyscalculia assessment and training.

Platonism in Service to the Ism???l? Im?m: The Case of Ab? Ya‘q?b al-Sijist?n? (d. 971 CE)

This short essay examines the Platonic thought of the Shī'ī Ismā'īlī scholar Abū Ya'qūb al-Sijistānī (d. 971 CE). By presenting his own teachings as the inner understanding of Islam, al-Sijistānī was able to challenge prominent scholarly claims to normative interpretation within the greater Islamic milieu. As students of Ismā'īlī thought know well, the intentions of the early Ismā'īlī thinkers cannot be simplistically reduced to an adaptation of Platonic metaphysics or a subversive reading of scripture. Rather, al-Sijistānī created a uniquely Ismā'īlī philosophical theology with its own soteriological aims and religious worldview, while working closely to demonstrate the leadership of the Ismā'īlī imam. When approached in this way, al-Sijistānī's project of constructing a synthesis between Platonism and religious traditions foregrounds the breadth of interpretive diversity within the classical Islamic intellectual traditions. By examining short excerpts on the nature of the soul and religion from al-Sijistānī's Ithbāt al-Nubūwwa (Prophecy's Proof), this essay demonstrates the text's instrumental use of Platonism in explaining the emergence of religion as understood by the early Ismā'īlī movement. Al-Sijistānī's own thoughts on the absolute transcendence of God and the Platonic principles of Intellect and Soul led him to new speculative conclusions that sharply contrasted with other major and competing interpretations of Islam. Chief among these was his belief that scripture had an inner meaning apart from its literal content, which could only be revealed by the imam and his representatives, who were thus the legitimate religious authorities for the Islamic community.