Principal Rule Research Articles

The Probability of Paradise Lost

Abstract: For much of the sixteenth and seventeenth centuries, probability had been a quality of the propositions, sentences, and arguments extracted from a larger work for the purpose of example and instruction. But in the late seventeenth century, the concept grew into a criterion for the judgment of works in their entirety. The scenes of argument in Paradise Lost (1667) turned humanist convention against itself, and in so doing, helped usher probability into "the principal rule" of literary criticism: that fiction—irreducible to any of its parts, autonomous from the demands of teaching—should represent typical or generic patterns of human action.

On acupoints

Acupoint is the basis of acupuncture. To elaborate the theory of acupuncture, the structure and function of acupoint should be clarified in advance. By exploring the discussion upon the classification, distribution and structure of acupoint in Huangdi Neijing (Inner Canon of Yellow Emperor), qi zheng lun (on meridian points and extra points), jie jiao lun (on convergence of joints) and guan ji lun (on three-dimensional structure of acupoint) are extracted. Based on whether located on the fixed sites, acupoints are classified into meridian points and extra points, while the meridian points are divided into 4 categories, i.e maishu, gukong, qixue and muxue. The convergence of joints illustrates the principal rule of acupoint distribution. The density of the major and key acupoints is proportional to the size and the complexity of function of joints. Acupoint is recognized as a three-dimensional structure in consideration of its external distribution on the body surface and the substances inside the body, which can be explored and examined. In addition, the relationship between meridian points and extra points, the significance of meridian points in different conditions, and the approaches to acupoint study are deeply discussed and analyzed. The crucial problems and the way for solving them are proposed for the future study to provide the references to the inheritance and innovation of acupuncture.

Arbitrariness Prevention in the Context of Achieving the Efficiency of the Rules of Law

Background: Countries of Western political and legal tradition and former socialist countries of Central and Eastern Europe need further arbitrariness prevention in order to establish the rule of law both logically and taxonomically: idea (ideal) – prerequisite (guarantee) – achieving the efficiency of the rule of law. They also require practical application, which reflects the priorities of national interests based on freedom and respect to human dignity. The article contextualises arbitrariness prevention as an applied instrumental concept, essential for bringing the rule of law to the state, which allows the prevention of undue public authorities’ intervention in the process of their discretionary powers in particular spheres of human life. It also seeks the most appropriate approach to its use in combination with other standards and requirements in order to assess and summarise real daily practices of the rule of law existing in many modern societies and states. Functional application of arbitrariness prevention as a means of legal reasoning to access constitutional justice is substantiated. Concentration on the enhancement and implementation of the current Ukrainian mechanism to provide the monitoring of power use by the state and human immunity from arbitrary actions of the state authorities is gaining a real practical value. It is extremely relevant under the conditions of court control over the constitutionality of the state intervention in social and other types of human rights. Methods: Research on arbitrariness prevention in the international and national political and legal context is based on the definition of the rule of law derived from the provisions of the dialectic correlation of natural law and the positivist legal approach. The potential of the latter approach for the provision of sufficient restriction of the power is also very important. Historic, hermeneutic, systemic, structural, axiological, and instrumental approaches promote arbitrariness prevention as a particular specific idea (ideal), which consolidate the advance of social and legal thought as well as the practices of public authority functioning. They also contribute to its superposition over state arbitrariness as a permanently active and clear requirement, instruction and conceptual component, principal rule (sub-rule), and commonly shaped standard, as well as one of non-disputable prerequisites and guarantees of a counter to malpractice of discretionary powers. In this article the theoretical and comparative generalisation of the traditions of the perception of the rule of law proves and confirms, on the ground of therelevant constitutional provisions, and specific court decisions resulted in quite clear reasoning in favour of their implementation in the real legal order and provided a person the possibility of exercising their guaranteed right to appeal to the court against the actions of the state within the scope of the activities of the Constitutional Court of Ukraine. Results and conclusions: The content and meaning of arbitrariness prevention are presented. They reflect the value-normative potential of the rule of law and serve as the basis for the development of the entire set of national constitutional and legal structures, current legislation, mechanisms and procedures for its objective evaluation. The legal positions of the Constitutional Court of Ukraine regarding the introduction of the mechanism of ensuring control over the use of power by the state and protecting people from arbitrary actions of authorities as well as its subordination to achieving the effectiveness of the rule of law are examined in the given article.

COVID-19 Pandemic and Equal Access to Vaccines

The COVID-19 pandemic has evidenced the chronic inequality that exists between populations and communities as regards global healthcare. Vaccination, an appropriate tool for the prevention of infection, should be guaranteed by means of proportionate interventions to defeat such inequality in populations and communities affected by a higher risk of infection. Equitable criteria of justice should be identified and applied with respect to access to vaccination and to the order in which it should be administered. This article analyzes, as regards the worldwide distribution of anti-COVID-19 vaccines, the various ways the principle of equity has been construed and applied or even overlooked. The main obstacle to equal access to vaccines is vaccine nationalism. The perception of equity varies with the differing reference values adopted. Adequate response to needs appears to be the principal rule for achieving the criterion of equity in line with distributive justice. Priorities must be set equitably based on rational parameters in accordance with current needs. The entire process must be governed by transparency, from parameter identification to implementation. The issue of equal access to vaccination affects the entire world population, necessitating specific protective interventions. In light of this, the World Health Organization (WHO) has devised the COVAX plan to ensure that even the poorest nations of the world receive the vaccine; certain initiatives are also supported by the European Union (EU). This pandemic has brought to the fore the need to build a culture of equitable relationships both in each country’s own domain and with the rest of the world.

The metric dimension of [formula omitted] is ⌊3n/2⌋

In this work we determine the metric dimension of Zn×Zn×Zn as ⌊3n/2⌋ for all n≥2. We prove this result by investigating a variant of Mastermind.Mastermind is a famous two-player game that has attracted much attention in the literature in recent years. In particular we consider the static (also called non-adaptive) black-peg variant of Mastermind. The game is played by a codemaker and a codebreaker. Given c colors and p pegs, the principal rule is that the codemaker has to choose a secret by assigning colors to the pegs, i.e., the secret is a p-tuple of colors, and the codebreaker asks a number of questions all at once. Like the secret, a question is a p-tuple of colors chosen from the c available colors. The codemaker then answers all of those questions by telling the codebreaker how many pegs in each question are correctly colored. The goal is to find the minimal number of questions that allows the codebreaker to determine the secret from the received answers. We present such a strategy for this game for p=3 pegs and an arbitrary number c≥2 of colors using ⌊3c/2⌋+1 questions, which we prove to be both feasible and optimal.The minimal number of questions required for p pegs and c colors is easily seen to be equal to the metric dimension of Zcp plus 1 which proves our main result.

Principal Policy in Developing Islamic Student Characters

A principal has an important role in establishing student character because a principal is authorized to put policies and rules related to the development of educational institutions. The principal rule is to lead, to guide and to counsel the teachers and staff, so that they can carry out their duties properly. The teacher as an educator and facilitator is an extension of the principal in developing student character. The phenomenon of juvenile delinquency occurred recently is a proof that at this time the spiritual mentality of young generation still weak. Therefore, it is very important to encourage religious values, character and cultural building to the students at the early stage/age.

On Coercion in International Law

Coercion is ubiquitous in international relations. Yet international law has neither defined coercion nor has it developed an understanding of the nature, processes, or legality of coercion. This Article addresses this gap in international law scholarship. Because coercion is best understood when examined in the context of concrete cases, this Article discusses three recent crises in which states exercised significant pressure against their adversaries. These crises are the Russian intervention in the 2016 U.S. Presidential Election, the 2017 North Korean nuclear weapons crisis, and the 2018 murder of Washington Post columnist Jamal Khashoggi. These cases provide examples of the infinite variety of instruments of statecraft. The principal question that this Article considers is when does the use of tools of diplomacy such as those employed in these cases constitute unlawful coercion. To answer this question, this Article develops a concept of coercion for international law. It discusses the origins and content of the prohibition on intervention in the affairs of states, which is the principal rule of international law governing coercion, and proposes a novel understanding of the structure and elements of this rule. It defines violations of the prohibition on intervention as the pursuit of unlawful ends and unlawful means. The ends, or purposes, of intervention are unlawful if it interferes with the domaine reserve of a state, while the means of intervention are unlawful if a state uses coercion to achieve its unlawful ends. To identify the instruments of statecraft that are unlawfully coercive, this Article constructs a Coercion Continuum, which includes four categories of coercion: Military Coercion, Economic Coercion, Cyber Coercion, and Political Coercion. Under each of these categories this Article identifies the practices, policies, and instruments of statecraft the use of which constitutes unlawful coercion.

Finite element analysis of stuffing-box packing subjected to thermo-mechanical loads

The principal rule for the stuffing-box packings is to ensure the stem valve sealing. The behavior of these systems is affected by the operating conditions, which are the gland axial stress, the temperature, and the fluid pressure, as well as the mechanical and geometrical properties of the various components. In this paper, a numerical study using finite element method is presented to evaluate the radial contact stresses, the axial stresses, and the lateral pressure coefficients in a stuffing box system under the tightening gland load and the temperature field.

Generation of enhanced information image using curvelet-transform-based image fusion for improving situation awareness of observer during surveillance

ABSTRACTImage fusion has been widely used to combine multispectral information into an enhanced information image. The application of such enhanced information content in the field of surveillance for improving situation awareness of observer is highly recommended. When a single sensor information is used for surveillance like visible camera output during poor ambient lighting conditions, ‘hot-target’ details are not visible to the observer. The use of visible-infrared fused image is recommended during surveillance in poor ambient lighting conditions to visualise background scene details and ‘hot-target’ details simultaneously. A wrapping-based curvelet transform method is proposed for fusion of infrared and visible images. Curvelet transform is used because of its advantages over wavelet transform limitations like directional insensitivity, isotropic basis and inability to resolve curves. The approximation coefficients are fused using the principal component analysis rule while detailed coefficients are fused using absolute maximum rule. The reconstructed fused image is compared with results of other fusion approaches proposed in literature. The performance of proposed wrapping-based curvelet fusion method is found visually and statistically better in comparison to other fused image outputs. The fused image obtained using proposed method retains background details as well as hot target presence with fidelity.

Executory Contracts (in Italian Law)

The Reform of the Italian Insolvency Law, implemented with the decree of March 14th, 2005 n. 35 and of January 9th 2006, n. 5, contains significant elements of discontinuity compared to the former Insolvency Law of 1942. The mentioned provisions (as well as successive modifications) were profoundly altered including with reference to the instruments directed toward resolving the different problems of an enterprise’s crisis, and therefore in favor of the restructuring of the entity. Certainly, the most important insolvency procedures for companies are fallimento (i.e. liquidation) and concordato preventivo (i.e. a court-supervised arrangement between the debtor and the creditors). Both Procedures have rules on executory contracts but they are written in different ways according to the purpose of the single discipline. The aim of the ‘fallimento’ under Italian Law is only the liquidation. The goals of ‘concordato preventivo’ can be either the restructuring or the liquidation; and these two objectives can be present within the same Procedure. In the discipline of the ‘fallimento’ the principal rule on the effects of bankruptcy itself on pre-existing legal relationships is the art. 72 of the Insolvency Law that regulates in general the pending relationships. Subsequently there are in the Law some specific rules on single contracts: particularly, for instance, on contracts concerning real estate to be constructed (art. 72 bis) or on sales with retention of title (art. 73). In the discipline of the ‘concordato preventivo’ the principal rules on the effects of admission to the procedure are the art. 169 bis that regulates in general the ongoing contracts, and the art. 186 bis, §§ 3, 4 and 5 that regulates, without prejudice to art. 169 bis, the executory contracts in the Arrangement with Creditors on a Going Concern Basis. It is necessary to point out that the Italian Insolvency Law is under review from a global viewpoint. The Italian Parliament is discussing in this period the so-called “Rordorf Reform”: the Chamber of Deputies has already approved the Draft Law on February, 1st 2017 and successively transmitted the mentioned Draft to the President of the Senate on February, 31st 2017.

Contextualizing Military Necessity

Modern theories correctly reject the Kriegsrason doctrine, according to which the laws of war do not override the necessities of war and it is rather the latter that override the former. One such theory holds that unqualified rules of international humanitarian law (“IHL”) exclude military necessity being invoked de novo as a ground for deviation therefrom, yet not as a ground for additional restraint thereon. This theory — let us call it “counter-Kriegsrason” — is unacceptable for two reasons. First, in none of the three pertinent contexts does military necessity restrict or prohibit militarily unnecessary conduct per se. Seen in a strictly material context of war-fighting, military necessity merely embodies a truism that it is in one’s strategic self-interest to pursue what is materially conducive to success and that it is similarly in one’s strategic self-interest to avoid what is not so conducive. Nor, in the context of IHL norm-creation, does military necessity give the law reason to forbid or limit given conduct. Unnecessary evil does, but unnecessary simpliciter does not, mean illegitimate. In positive international humanitarian law, military necessity functions exclusively as an exceptional clause. If not, or no longer, militarily necessary, deviant conduct simply reverts to being governed by the principal rule. It is the principal rule, rather than the military non-necessity of the conduct or the now inoperative exceptional clause, that renders such conduct unlawful. The second reason for which counter-Kriegsrason is untenable is the same reason for which Kriegsrason is untenable. Positive international humanitarian law has already “accounted for” military necessity. This means that no relevant element of military necessity has survived the process of IHL norm-creation and may consequently be invoked de novo vis-a-vis unqualified rules once this process has validly posited them. Where given conduct is unlawful according to a validly posited IHL rule of an unqualified character, then, even if the conduct constitutes material military necessity, invoking it does not “repair” or “right” the conduct’s unlawfulness. Conversely, where given conduct is unqualifiedly lawful according to the applicable rule of positive international humanitarian law, the conduct’s lack of material military necessity does not “wrong” or “vitiate” its otherwise conclusive lawfulness.

Emergence of complex networks from diffusion on fractal lattices. A special case of the Sierpinski gasket and tetrahedron

A new approach to the assemblage of complex networks displaying the scale-free architecture is proposed. While the growth and the preferential attachment of incoming nodes assure an emergence of such networks according to the Barabási–Albert model, it is argued here that the preferential linking condition needs not to be a principal rule. To assert this statement a simple computer model based on random walks on fractal lattices is introduced. It is shown that the model successfully reproduces the degree distributions, the ultra-small-worldness and the high clustering arising from the topology of scale-free networks.

Planetary Counter-Archive

PLANETARY COUNTER-ARCHIVE Amad Paula, Counter-Archive: Film, the Everyday and Albert Kakn's Archives de la Planete, New York, Columbia University Press, 2010; 408pp, paperback £24 This first book-length study of Albert Kahn's multi-media Archives de la Planete (1908-1931) proclaims from the outset that what will follow is neither a catalogue nor manual but rather a 'cultural ethnography' of the Archive. Throughout the book, whose theoretical weight equals its empirical detail, Amad writes in intimate contact with the facts, in a sense enacting the principal rule of Jean Brunhes' geographical vision she describes in the final chapter (p289). Although she does not continue to deliver the rich ethnographic descriptions offered in the introduction of the 'techno-archival peepshow' (p3) she experienced whilst conducting research at the Albert Kahn Museum, Amad deftly weaves experience, biography and historical detail with Bergsonian philosophy, Annales Historiography and early French film tiieory (among other bodies of thought) to explore how the archive was transformed in the age of cinema. Counter-Archive's tight cultural-ethnographic focus on Archives de la Phnete affords Amad a great deal of theoretical manoeuvre which she utilises impressively, zooming out from die depths of the archive to rethink the relationship between memory, film and the everyday in French modernity in the light of the counter-archival challenge Kahn's project inspires. The Archives de la Phnete was one of the many botanical, publishing and philanthropic-related projects of the affluent and eccentric Jewish banker Albert Kahn, and is a unique case study for Amad's counter-archival thesis for several reasons. While Kahn's attempt to archive the world was in line with the pseudo-ethnographic aim to record apparently vanishing cultures popular in the early twentieth century, he took the unusual step of turning the camera on his own culture, the flea markets of Paris appearing in the Archive as a subject of nostalgic scrutiny as valid as the temple of Angkor Wat. Secondly, contra the commonly held assumption (made explicit in Carolyn Steedman's 2002 book Dust: The Archive and Cultural History) that documents are never born in an archive, they end up there, Kahn's recordings (that include over 72,000 colour photographs and 183,000 meters of film) were produced solely for the ambitious purpose of making an archive of the world. They were, as Amad puts it, still-born. Their development was also arrested in the sense that the archive is unfinished due to Kahn losing his fortune during the Wall Street crash of 1929, forcing him to end the project in 1931. Related to this, the films were not intended to be shown to a (then) present-day audience, but rather crafted as a time-capsule, confiscated from die contemporary for the benefit of an imagined future audience, for us. One of the contradictions ?? Archives de L· Planete is that although its project was to capture everyday life, die ordinary man across the globe, in its heyday the only audience allowed to view it was a small handful of Kahn's intellectually and financially elite friends who attended rare screenings on his property among the world-themed gardens. Lastly, the archive stands out because of Albert Khan's, and by extension the Archive's, conceptual and personal connection with Henri Bergson. It is perhaps a mistake that the pre-eminent French philosopher is not included in the title of the book given that the critically attentive wedding of Bergson's personal connection to the Archive with his writings on film and memory (and its subsequent criticisms, particularly via Deleuze) is perhaps die strongest and most interesting thread in Counter-Archive. In Chapter 1 we discover that 'Mr. K', was a student of Bergson's and a close friend until the philosopher rose to fame and the correspondence between the two (contained in the archive) ceased. Nonetheless Amad makes a convincing case for the importance of the relationship between 'the millionaire and die philosopher'. …

Soo Yeon Kim. 2010. Power and the governance of global trade: From the GATT to the WTO (Ithaca, New York: Cornell University Press)

At a time when the Doha Round of trade negotiations goes into an agonizing 10th year, taking a fresh look at the lessons learnt from history on power and governance in the multilateral trading system (and the responsibility that goes with it) is certainly an attractive proposition. Unfortunately, Soo Yeon Kim’s inquiry into the driving forces underlying institutional developments from the General Agreement on Tariffs and Trade (GATT) to the World Trade Organization (WTO) offers few new or compelling insights into the challenges that the multilateral trading system faces at the present day. This is not to say that the book does not contain interesting pieces of information and analysis. Overall, however, its eclectic approach does not do justice to the complexities involved in the evolution of the GATT/WTO institutional context, and it is therefore ill-suited to provide a backdrop against which to analyze the constellations of power that confront the system today. The structure of the book is simple: It contains two parts consisting of two chapters each. The first part is qualitative/historical and devoted to an analysis of “Rules.” Chapter one examines the origins of the GATT in an attempt to answer the question “why global trade governance today look[s] the way it does” (p. 23). The second chapter then alleges a persistence of original power relations in the GATT or “endogeneity of power and institutional development” (p. 83). It belabors the principal supplier rule in tariff negotiations and focuses on specific flexibilities in the rules of particular interest to the larger trading powers at the time. Part two, entitled “Consequences,” contains empirical estimations of the effects of the GATT/WTO on varies categories of countries. Chapter three uses data from the inter- and post-war period to demonstrate the concentration of trade benefits from the GATT on a few major countries and the continuity of traditional trade relationships established in the context of inter-war trade blocs. Chapter four takes a long haul (jumping several decades of GATT history) to finally arrive at the WTO. Again, some quantitative analysis is offered that is claimed to demonstrate the continued existence of a

A Vaccine Against Ignorance?

A Vaccine Against Ignorance?

Analysis of connection element classes and locations and of some structural requirements for the mounting of different superstructure types on transport vehicles

Analysis of connection element classes and locations and of some structural requirements for the mounting of different superstructure types on transport vehicles

Feast of fools : the carnivalesque in John Kennedy Toole's A confederacy of dunces

Despite the fact that the action in John Kennedy Toole's novel A Confederacy of Dunces has often been compared to a carnival, there is little that the maincharacter, Ignatius Reilly, has in common with those participating in a true medieval carnival as described by Mikhail Bakhtin in Rabelais and His World. Ignatius tries to assert his superiority over others both with his speech and behavior, violating the principal rule of carnivalesque equality, and is aggressively opposed to sexuality, which was a deeply positive concept in the carnival culture, symbolizing fertility, growth, and new birth. A greatsource of humor in the novel is the difference between the highly educated speech used by Ignatius and the vernacular spoken by other characters. This difference was successfully transposed into Slovene by translator Nuša Rozman, who managed to capture the differences between social classes by using various degrees of colloquialisms and slang expressions, while opting to nevertheless transcribe the characters' speech in a way that is grammatically correct; a practice that has long been present in both original and translated Slovene literature, which highlights the fact that despite an increase in the number of works written in the vernacular over the past years, a universal standard on how to transcribe spoken Slovene has yet to be established.

Consultation Paper on New Probate Rules

This consultation paper is issued in connection with the Probate Rules Reform Project of the British Columbia Law Institute (BCLI).BCLI has undertaken this project with the support of the Ministry of Attorney General because of two recent and significant legal developments. One was the enactment of the Wills, Estates and Succession Act in 2009. The other was the general reform of the rules of the Supreme Court of British Columbia that culminated in the unveiling of the new Supreme Court Civil Rules (Civil Rules) slated to come into effect in July 2010.The current rules of court concerning probate business, namely Rules 61 and 62, were not a priority in the general reform of the rules of court and they appear largely unchanged as Rules 21-5 and 21-4, respectively, in the Civil Rules. Changes to the probate rules are needed nevertheless in order for the Wills, Estates and Succession Act to be brought into force. Those changes must be in keeping with the tenor of the rest of the Civil Rules. Additional reasons for reforming the probate rules appear in Part One of this consultation paper.The Project Committee’s approach to reform of the probate rules was fourfold. First, there would be an attempt to design an optimal procedure instead of simply improving on the existing one. Second, aspects of probate procedure would not be retained for purely historical reasons. Third, in recognition of the fact that unrepresented persons initiate much probate business, procedures would be simplified where possible. The revised probate rules would provide more explicit guidance than Rules 61 and 62 now do. Fourth, differences between procedures in probate matters and general civil procedure would be harmonized to the extent possible and old anomalies removed.Part One of the consultation paper explains the background to the procedural re-forms that the proposed rules would introduce. Part Two contains the proposed rules and commentary. Following the general format of the Civil Rules, the proposed rules take the form of subrules grouped under one principal rule that would be numbered 21-4. As the proposed rules abandon the present contentious / non-contentious classification of probate business, division of the subrules between two principal rules of court was not seen as necessary.The proposed rules in Part Two are intended to accommodate a system in which a single court file for the estate would be opened when the first filing (typically an application for a common form grant) is made. Contested matters that currently must be pursued in separate actions with different court files and file numbers, such as probate in solemn form and revocation, would be initiated instead by interlocutory application within the single estate file. The procedure in each case would be only as elaborate as necessary to resolve the particular matter, ranging from an ordinary chambers argument to summary trial on affidavits to a regular civil trial with oral evidence.

Principal components regression control for multivariate autocorrelated cascade processes

A comprehensive methodology for multivariate autocorrelated cascade process control using multiple regressions in conjunction with principal component analysis (PCA) is presented in this paper. PCA is used to alleviate the multicollinearity problem among input variables and reduce the dimension of the variables. An integrated principal components selection rule is proposed to reduce the number of variables. A multiple regression model with estimated parameters based on a selected number of principal components is developed. The autoregressive error correction model is used to address the issue of dependent residuals from the multiple regression model. Further, interpretation of out-of-control signals based on the principal components in process monitoring is discussed. The implementation of the proposed methodology is demonstrated considering a real life example of the sugar-beet pulp drying process. A general guideline for controlling multivariate autocorrelated processes also is developed.

Simulation of a convective flow forming a pattern of the human brain

To explain consistently determining the global shape of the brain, the vortex model of the brain was proposed by Nakada. He explained that structural organization of the brain is guided by the self-organization pattern based on the principal rule of free thermal convection. In the present study, a computer simulation of a simple thermal-driven convective-diffusive flow was performed to clarify the fundamental relation between this type of the flow and formation of the brain shape. The incompressible Navier-Stokes equations containing the external force dependent on temperature, and an equation for temperature were solved with projection method. The multi-directional finite-difference method was employed to discretize the governing equations. Computational results were suitably visualized and found to be consistent with the arguments in the vortex theory that the thermal-driven convective-diffusive flow is an essential mechanism for determining the global shape of the human brain.