Pre-existing Rules Research Articles

Newton’s disputes with Hooke and Leibniz: Institutional, scientific and personal aspects.

Abstract This paper discusses the often fractious personal and academic relationships that Isaac Newton enjoyed with Robert Hooke and Gottfried Leibniz. It suggests that their disagreements operated at several levels: intellectual, methodological, institutional and personal. The disputes were related to a number of pre-existing rules of behaviour, notably those governing the correct ways to assign intellectual property and to manage disputes relating to it. Although these procedural codes concerned intellectual issues, they drew in part on etiquette in polite or genteel society more generally. The disputes were to some extent made possible by the appearance of new academies and societies, which provided new fora for disseminating results and for managing disagreements between scholars over extended distances. The presence of these intellectual institutions meant that there were novel aspects to the rules that governed these contests and indeed entirely new rules. Indeed, it was the way that the combatants attempted to get their preferred rules of engagement accepted more generally by others and the ways in which they manipulated them that conditioned the nature of their disagreements. More broadly, the capacity to engage in such contests was shaped by national pride, the ability to attract powerful support for respective causes and finally by the personalities of the individuals involved, which are perhaps best revealed in these situations.

Filling global gaps in monitoring data with local knowledge

Filling global gaps in monitoring data with local knowledge

‘Let’s play crocodiles’

School playgrounds are spaces where children play with peers in organised games that have pre-existing rules and procedures for game play, and made-up games that are improvised in the moment. The ways children go about making up games have not been well documented and may be overlooked in situ due to the minimal supervision of school playgrounds. This study investigates how children mobilise and constrain their own game participation using improvised rule proposals and directives. Turn-by-turn analysis of the video recorded interactions of children (5–9 years) during lunch recess in an Australian school shows how children competently create and negotiate a game they called ‘crocodiles’. This ethnomethodological approach using conversation analysis highlights how children propose, challenge, or resist rules, to ensure or delay their ongoing involvement, or to influence the participation of others. Analyses identify how children negotiated their play and the actions of others as they recruited members and negotiated the play, mapped game play, made claims and further negotiations, and monitored the rule infringements of players. Identifying how children assemble their talk and actions as they create games informs educators of the interactional resources required for children’s participation in playground activities. Opportunities for practising these social skills within and away from adult supervision are particularly important as children interact in school playgrounds.

Examining Testimony from the Perspective of Law and Philosophy

The present study examines testimony from the perspective of law and philosophy. One of the classifications of evidence, based on the judge's role, includes restrictive evidence and diagnostic evidence. Simply put, restrictive evidence refers to binding evidence, while diagnostic evidence refers to persuasive evidence. In this study, following Dr. Hassan Jafari Tabar, the terms "non-criticizable evidence" and "criticizable evidence" have been adopted. In this classification, evidence is diagnostic or persuasive when no pre-existing rules regarding the evidentiary power of reasons exist in the law, leaving the judge’s conscience as the ultimate arbiter. The concept of "criticizable evidence" is not a strictly legal term but has more philosophical and sociological undertones. The notions of criticizability or non-criticizability, and the binding nature of certain matters (referred to as "binding evidence") leading to unquestioning obedience, were first introduced by philosophers and sociologists in post-Renaissance Europe. Max Weber, a German sociologist, was the first to diverge from the economic and broad views of law espoused by Marx and Engels. Weber studied law through the lens of sociology—particularly legal sociology—and examined the influence of religion and politics on legal norms. He introduced the concept of "demystification" regarding binding legal concepts. Weber's primary focus in the sociology of law was to explain the stages and factors contributing to the rationalization of modern law, particularly in European civilization. He also analyzed the development of logical lawmaking processes, the relationship between various types of legal thought and social agents through whom the law takes shape in a given society, and the economic and political significance of legal ideas.

Letters from Mars. Soft law under scrutiny of ethics during crisis. Responsibility and accountability

Abstract Like most of western countries France has been severely hit by the first wave of covid during Spring 2020. France managed to get through it thanks to a confinement, full dedication of health and << first line >> workers and of course the excellency of its bureaucracy. France is now famous for its digitalized self-made one-hour-walk certificate. It is however less-known for its MARSes, acronym for << message d'alerte rapide sanitaire >> or quick sanitary warning messages that got usually sent to hospitals and nursing homes... on Friday nights or weekends. Some lawyers saluted the method as an innovative and modern process that adapted quickly the response to the evolution of the situation shifting from hard rules written in the due process of law to an era of properly crafted regulations. Professionnals were less enthusiastic regarding this matter. It was less an issue of professional curtesy expected form a central state towards civil servants than one related to the content of the messages. Quality varied depending on the news. Some messages imposed very clear and strict rules such as: << no visit under any circumstances in nursing homes >> or later when tests were available, << should any cluster appear, all residents must be tested. >> However, all messages ended the same and ritual way: << Provisions included in this message must be performed and adapted under direction supervision and adapted to the context of the institution >>. Interestingly enough the way the text was written rose questions: If the rule is clear, why should it be adapted? The rule enters in conflict with other preexisting rules. Which one should apply? Classical legal and political theory are of great help sorting formal issues. Hume’s non ethical cognitivism and Kant’s categorical imperative were used redesigning the working frame. Since accountability was for direction to bear, so was it for it to draw fair and acceptable solutions in due respect of democratic principles. Key messages • Limit cases prove that rules are unsufficient in decision making. • Balanced decisions require collegiality to overstep limited rationality.

Trinity of G-tetrads and origin of translation

BackgroundThe RNA world hypothesis cannot address most of the questions of the origin of life without violating the continuity principle (small Darwinian steps without foresight and miracles). Moreover, the RNA world is an isolated system incapable of accommodating the genetic code and evolving into extant biochemistry. All these problems are rooted in the central assumption of the hypothesis: de novo appearance of the ribozymes, production of which represents a multistep reaction requiring the complementarity principle. Thus, even the basis of the RNA world is at odds with the continuity principle—it uses foresight (multistep reaction) and a miracle (complementarity principle). Can a three-dimensional (3D) architecture, capable of molecular recognition and catalysis, be formed in a single-step reaction without the complementarity or any other preexisting rules?HypothesisAt first glance, the above question sounds rhetoric since the complementarity principle is the essential feature of the RNA world; it turns an RNA polymer into a genetic material. Without it, the RNA world becomes as shapeless and unconvincing as other hypotheses based on the non-hereditary molecules (i.e., protein world). However, it was suggested recently that the quadruplexes could initiate life and take necessary evolutionary steps before the arrival of the complementarity rules. The hypothesis relies on the unique properties of guanines (Gs) to self-assemble into G-tetrads and efficiently polymerize without any external help or preexisting rules. Interestingly, polyG folds into an unusually stable and well-structured monomolecular architecture that uses the quadruplex domain (QD) assembly. The QD has a strictly defined zigzag-like building pattern to accommodate only three G-tetrads. Since both QD architecture and codon length are based on triplets, the inevitable question arises: are they related? Or could QD play the role of the early adapter and determine the codon length? The current paper is an attempt to answer this question.ConclusionWhile without translation apparatus most of the steps of the extant translation are physically impossible, the QD-mediated translation is sterically feasible and can be explained by physicochemical properties of the QD and the amino acids without violating the continuity principle. Astonishingly, the quadruplex world hypothesis can address all the shortcomings of the RNA world, including its most significant challenge—step-by-step evolution from the polymerization of the first polynucleotide to the extant biochemistry.

Perlindungan Hukum terhadap Korban Penganiayaan yang Dilakukan oleh Oknum Polri Saat Aksi Demonstrasi

This study aims to analyze the legal rules governing legal protection for victims of repressive actions carried out by police officers when securing demonstrations or what are commonly called rallies. The right to express opinions is a human right that is guaranteed in Article 28 of the 1945 Constitution of the Republic of Indonesia. In the implementation of demonstrations that result in casualties, it is clear that there is an error or a form of violation, including Human Rights which are clearly regulated in the Constitution. some pre-existing rules. This study uses a juridical-normative method with a conceptual approach and legislation. The authors in this study used primary legal materials derived from legislation and secondary sources from legal books and journals that were relevant to the discussion. Then to enrich the references in this study, the authors use non-legal materials. This research shows that, there has been legal protection that has been provided by the Government in the form of preventive and repressive protection and the existence of PROPAM is considered helpful in protecting the rights of the community.
 Keywords: Legal Protection, Repressive Action, Demonstration

Restitution and Liability in the Multilevel Regulatory Framework of Unauthorized Digital Payment Transactions

The matter of payment services and, especially, the liability regime for unauthorized digital payment transaction(s) is regulated by a multi-level system of rules, comprising European legislative acts (Directive 2015/2366 second Payment Services Directive (PSD2) and the national rules transposing the EU rules), European non-legislative acts (regulatory agencies: Delegated Regulations, Regulatory Technical Standards [RTS], Guidelines, Opinions, Questions and Answers), and the pre-existing general national rules on private relationships. The matter is subject to multiple potential observation points: the tension and coexistence of national rules and supranational regulations; the effect the variety of sources and the fragmentation of governance in the financial market have on the interplay of sources and the theory of interpretation; the regulatory force of soft law.

A reply to ‘Science versus vernacular’: should some taxa of animals and plants be renamed according to ‘indigenous’ practices?

Palma & Heath (2021) have recently commented on our proposal to reinstate indigenous names within the Linnaean system of nomenclature on the basis of their chronological priority. They argue that this challenges rules that have been unquestioned for 250 years. However, we hold that the rules of the various codes of nomenclature are constantly under review. The opinion they prosecute crystallises down, in large part, to one that suggests that because there are pre-existing rules about priority, we should not change these: an argument that involves a degree of circularity. Unfortunately, Palma and Heath misinterpret our proposal throughout much of their discussion. We do not advocate replacing the binomina as is claimed nor do we advocate for name changes where there is no consensus on a given taxon among the people indigenous to the natural distribution of that taxon. Our proposal is that indigenous names can replace the species epithet where there is a consensus on a single indigenous name for a taxon throughout its distribution and where there is demonstrable temporal priority. Without such consensus, species that cover wide distributions and have multiple indigenous names will, under our proposal, remain unchanged in their nomenclature.

The International Court of Justice as a “Shortcut” to Identifying Custom

Abstract A frequently used shortcut to identifying rules of customary international law is to rely on statements by the International Court of Justice instead of conducting a more cumbersome investigation of state practice and opinio iuris. The purpose of this article is to consider when the Court’s statements align or may come to align with customary rules and, consequently, to what extent this shortcut is justified. Its value is in systematically exploring ideas that international lawyers may already have internalised; it may also help students of the subject to understand why reliance is placed on judicial decisions. Often, the Court simply elucidates pre-existing customary rules. But examples such as Factory at Chorzów, Fisheries, and Reservations to the Genocide Convention suggest that an additional or alternative justification for the shortcut may be stronger. This is the tendency of states to endorse or “ratify” statements by the Court through subsequent practice and opinio iuris.

Quadruplex World.

The RNA world hypothesis relies on the double-helix complementarity principle for both replication and catalytic activity of RNA. However, the de novo appearance of the complementarity rules, without previous evolution steps, is doubtful. Another major problem of the RNA world is its isolated nature, making it almost impossible to accommodate the genetic code and transform it into modern biochemistry. These and many other unanswered questions of the RNA world led to suggestions that some simpler molecules must have preceded RNA. Most of these alternative hypotheses proposed the double-helical polymers with different backbones but used the same complementarity principle. The current paper describes a fundamentally different idea: the de novo appearance of a nucleic acid polymer without any preexisting rules or requirements. This approach, coined as the quadruplex world hypothesis, is based on (i) the ability of guanines to form stable G-tetrads that facilitate polymerization; and (ii) the unique property of polyguanines to fold into a monomolecular tetrahelix with a strictly defined building pattern and tertiary structure. The tetrahelix is capable of high-affinity intermolecular interactions and catalytic activities. The quadruplex world hypothesis has the potential to address almost all the shortcomings of the RNA world.

Qur’an Search System for Handling Cross Verse Based on Phonetic Similarity

The number of verses in the Qur'an that is not small will be difficult and time consuming if done manually. Building a search system in the Qur'anic verse using the Indonesian Arabic-Latin equivalent will be very helpful for the Muslim community in Indonesia, especially for those who are not familiar with Arabic writing. In this study, a verse search system will be built on the Al-Qur'an based on phonetic similarity, more details about the handling of the verses in the Al-Qur'an. The system was built using the Jaro-Winkler algorithm to calculate the value of similarity and using the N-Grams algorithm for ranking documents. The same study has been done before with the name Lafzi +, with MAP 90% and 93% recall. In previous studies cases such as nun wiqoyah at the end of the verse could not be handled, so the system could not handle the search for the entire Qur'an. In addition, in the previous system the application of the Jaro-Winkler method to calculate the value of similarity has also not been fully implemented. So to complete the previous research, in this study added rules other than pre-existing rules so that they can handle nun wiqoyah at the end of the verse. By applying the Jaro-Winkler method to calculate the value of similarity and N-Grams for ranking documents and adding nun wiqoyah rules, this system generates 94% MAP and 92% recall. The results of this study indicate an increase in MAP, this shows that this system can improve the accuracy of systems that have been built before.

Exploiting Rules to Enhance Machine Learning in Extracting Information From Multi-Institutional Prostate Pathology Reports.

Literature on clinical note mining has highlighted the superiority of machine learning (ML) over hand-crafted rules. Nevertheless, most studies assume the availability of large training sets, which is rarely the case. For this reason, in the clinical setting, rules are still common. We suggest 2 methods to leverage the knowledge encoded in pre-existing rules to inform ML decisions and obtain high performance, even with scarce annotations. We collected 501 prostate pathology reports from 6 American hospitals. Reports were split into 2,711 core segments, annotated with 20 attributes describing the histology, grade, extension, and location of tumors. The data set was split by institutions to generate a cross-institutional evaluation setting. We assessed 4 systems, namely a rule-based approach, an ML model, and 2 hybrid systems integrating the previous methods: a Rule as Feature model and a Classifier Confidence model. Several ML algorithms were tested, including logistic regression (LR), support vector machine (SVM), and eXtreme gradient boosting (XGB). When training on data from a single institution, LR lags behind the rules by 3.5% (F1 score: 92.2% v 95.7%). Hybrid models, instead, obtain competitive results, with Classifier Confidence outperforming the rules by +0.5% (96.2%). When a larger amount of data from multiple institutions is used, LR improves by +1.5% over the rules (97.2%), whereas hybrid systems obtain +2.2% for Rule as Feature (97.7%) and +2.6% for Classifier Confidence (98.3%). Replacing LR with SVM or XGB yielded similar performance gains. We developed methods to use pre-existing handcrafted rules to inform ML algorithms. These hybrid systems obtain better performance than either rules or ML models alone, even when training data are limited.

National Aviation Law Responses to COVID-19

National laws play an important role in the governance of the aviation activities. This is no less the case during the Coronavirus Disease-2019 (COVID-19) pandemic, where national law has been a vital tool in combating the spread of the virus and offering support to the aviation sector. This report examines different jurisdictions, which have been written by experts in the field of aviation law, where they have addressed the pre-existing national rules in place prior to the pandemic, the measures taken to combat the spread of the virus, the actions taken to help the aviation industry survive, and any reflections on the future post-COVID-19 world. Airlines, Airports, Passengers, Financial Support, Cargo

Does Responsibility to Protect (R2P) Make Difference to Civilians?: An Analytical and Evaluation Study

In 2001, the International Commission on Intervention and State sovereignty (ICISS) proposed rethinking on sovereignty through the prism of a new concept: the “Responsibility to Protect” (R2P). Several years after, its message has been achieved? This is answer to this question that, in the aftermath of the Arab spring, at the end of an intervention that is controversial in Libya and in the face of the Syrian drama, we decided to make an evaluation, by analyzing this doctrine. From details of methodological of the purpose of this article, the review of the legal framework of the “Responsibility to Protect” (R2P) in international law is based on pre-existing concepts and rules that are sometimes approached such as the international responsibility and criminal responsibility priori conceptualization of the “Responsibility to Protect”, will be the first axis of this study. In the second, axis the responsibility to protect the population rests primarily on the territorial State against war crimes, crimes against humanity, crimes of genocide and ethnic cleansing. It must be stated that the obligation to protect the concerned State, was necessary before the States itself by establishing international legal standards. If the State is not willing to do or unable, the subsidiary protective role is the responsibility of other actors.The reality of major obstacles reduces the effective implementation on the ground of the “Responsibility to Protect”. These obstacles can be linked with the same design of it, just as they may result from external causes that could make inoperative the responsibility to protect in view of the situation, the international community application does not rely on the implementation of the responsibility to protect in some cases that meet, however, all the conditions to act within this framework. In the third axis of this study, it will be also a review of the operational legal framework.The United Nations has adopted several resolutions on the “Responsibility to Protect”, examining not only their support to the doctrine, but also their willingness to authorize the deployment of peacekeeping operations and to adopt resolutions in support of military intervention paragraph. But the Security Council of the United Nations has not always been unanimous about the situations to which the “responsibility to protect” applies. The case of Darfur and the crisis of the Syria, there was something else, they were exemplary cases of the application of the “Responsibility to Protect” inertia, and the different responses by the international community in the face of these crises, will allow us in the Fourth axis of interesting conclusions about the difficulties in the application thereof.

New laws ban commercial surrogacy in India.

Surrogacy is a controversial issue and most particularly when well-known celebrities have used it. It is a boon for couples where normal pregnancy is not possible but can be used for commercial exploitation. The Government of India passed a law on surrogacy in December 2018, which introduced many changes to the pre-existing rules, in particular, it bans commercial surrogacy and curtails the freedom of foreigners to apply for surrogacy in India. This has dealt a major blow to the agencies who organised surrogacy for foreigners. A key reason for passing this law was the unjust treatment of the women who provided surrogacy services. They had poor living conditions and often failed to receive the money that was paid by the intended parents to the agency.2 There are some countries where commercial surrogacy is legal, including some states in the United States of America, Poland, Russia and many others.3 Some surrogate mothers suffer complications from the assisted reproductive technologies used; these mainly include ectopic pregnancy, psychological stress and ovarian hyper stimulation syndrome.4 Same sex couples, single parents and even infertile women should be encouraged to adopt children.

Our knowledge of Covid-19 is expanding and accelerating fast.

Atreya et al. underscore the importance of community-based palliative care during the ongoing Covid-19 pandemic in the Current Issue of the Journal.[1] Due to several local and intermittent restrictions on commutation, for rightful reasons, and when it is not possible and safe for patients and their caregivers to move freely, teleconsultation and App-based care are emerging as alternative management strategies. In their Editorial, the authors illustrate its importance, usefulness, pragmatic value, and limitations to family physicians, who are serving patients—sometimes taking extraordinary risks. When in-person care is not there in sight in foreseeable future; proper, easy to implement, and economic guidance to household members and their primary physicians by specialists is the need of the hour and should usher us the path in these difficult times. Table 2 of the write up has a title “Symptom management in a community-based palliative care.” In that table, the authors suggest various measures to alleviate a few common distressing symptoms in a way the infection does not spread to others. However, we need to realize that now we know a subgroup of Coronavirus patients who do not have symptoms at all but still carry a poor prognosis. Quinn et al. at University of Edinburgh write their experiences about managing some patients who arrived at their Center having apparently stable illness, yet had a happy hypoxia syndrome and could not be saved.[2] Its mechanism is not clear but a few authors suggest a possibility of autonomic neuropathy in nerves innervating respiratory system.[3] Recognition of the specific condition may not be of much value to those having an otherwise terminal illness but if that is not realized early on in the course of their illness, unsuspecting staff and fellow patients may come in contact with such patients and they may get infected. Recently researchers in Korea highlight that asymptomatic patients have the same amount of viral load as their symptomatic counterparts.[4] Hence if suspected early, and then isolated, other persons may avoid this unnecessary exposure to the virus. In this pandemic times when already several healthcare workers have succumbed to the germ and several need to be quarantined and then followed up meticulously, ensuring the safety of our staff and their genuine interests is the most important job of our collective intellect. To raise morale of our staff, we need to assure them of our sustained kosher concern for protecting their well-being. Although recognition of some salvageable illness in an otherwise healthy individual may require an all-out approach, that may not be necessarily true for those having comorbidities or having some terminal illness. Having recognized the dilemma and absence of clear preexisting rules as well as futility of aggressive care in this group of patients, recently Indian Council of Medical Research issued a Do Not Attempt Resuscitation guidelines and that is under debate at several platforms.[5] Even otherwise we, as a physician, always weigh benefits versus risks of each and every intervention to each patient and similar calculation should show us the way ahead. Financial support and sponsorship Nil. Conflicts of interest There are no conflicts of interest.

Safeguarding Intangible Cultural Heritage in Brazil in accordance with the UNESCO Convention

Brazil is a complex federation formed by 26 States, the Federal District and 5570 municipalities, all autonomous and sharing powers and duties in many legislative and administrative matters, such as culture and cultural heritage. On October 5th, 1988, the country adopted its first effectively democratic and pluralist Constitution, known as the “Citizen Constitution”. It devotes special attention to the aforementioned topics based on the understanding that cultural heritage encompasses elements of a tangible and intangible nature that make reference to the identity, the action and the memory of the different groups that form Brazilian society, including textual mention of popular, indigenous and Afro-Brazilian cultures. In legal terms, however, it has been observed that since 1937 the country has had a national law for the protection of tangible cultural heritage, but only since 2000 has it issued a Decree on the safeguarding of intangible cultural heritage. In any case, this Decree precedes the UNESCO Convention on this subject, dated 2003 and incorporated into Brazilian law in 2006. At this time, the international regulation acquired a status of supranational to deal with matters pertaining to human rights. The content of the Convention did not result in any abrogation of the pre-existing rules in Brazil, however, it showed that the rules need to be complemented in two aspects. The first one, in a legal sense, to make explicit the humanitarian and environmental protection values that are indispensable in the policy of recognizing cultural manifestations and their elements. The second one, in a political sense given the characteristic of cooperative federalism, involves the necessity for the central government to stimulate the universalization of this policy in other entities of the Brazilian federation, which currently does not occur.

China's dream: the culture of Chinese communism and the secret sources of its power; End of an era: how China's authoritarian revival is undermining its rise

There are plenty of books which give big picture accounts of Chinese politics, though as these two recent additions to the literature show, there is still scope for substantially different approaches and conclusions in examining China's governance today. Carl Minzner's End of an era sets out to show that earlier efforts at reform by China's ruling Communist Party (CPC) have gone into reverse. Minzner is particularly critical of the leadership under current party leader Xi Jinping for tearing up pre-existing rules, weakening institutions and making law ‘less relevant’. But in his account, these trends are not so new: 2003 was the ‘high-water mark’ (p. 24), followed by a turn to more ‘hardline policies’ launched under then leader Hu Jintao (p. 30). Elsewhere, he traces the decline to the events of 1989–91, after which ‘serious political reform’ was abandoned, while economic reforms were ‘thrown in[to] reverse’ by a move to state capitalism from the early 1990s (p. 9).

Social Promotion and Learning Outcomes: Evidence from India

We study the effects of a national social promotion policy on learning outcomes in India. The “No Detention Policy” mandated automatic promotion of students till grade 8. Exploiting variation in pre-existing grade retention rules across states, we set up a differences-in-differences design. Using data from eight years of a large-scale education survey, we find that social promotion improved reading scores by 2.5 percent, and math scores by 5 percent. Both boys and girls show improvements in learning outcomes and the effects are strongest in the lowest quartile of the test score distribution. We consider different mechanisms that could be driving our results.