Author Of Theory Research Articles

International humanitarian law, jus post bellum and transformative justice

Abstract International law began as a discipline concerned with the goal of peace, seen as the ideal state of relations between States, focusing on the potential for peaceful settlement of disputes, arms control and disarmament, and the prevention of war. International humanitarian law (IHL) emerged as the first significant development in international law addressing issues of peace and security. The subsequent development of international criminal law (ICL) following World War II has enabled the criminal prosecution of war crimes (serious violations of IHL) as well as crimes against the peace, crimes against humanity and genocide. This article argues that IHL, as it was developed to regulate the conduct of war (jus in bello) as a means of preventing unnecessary suffering, should be considered as separate yet integrally linked to the pursuit of international criminal justice as part of transitional justice in the context of jus post bellum, defined as “the set of norms applicable at the end of armed conflict … with a view to establishing a sustainable peace”. The article analyzes existing scholarship and emerging ideas about the relatively old yet underdeveloped concept of jus post bellum, and what this concept means in practice since the rapid increase in international interventions in peacebuilding and transitional justice in non-international armed conflicts. Applying the author's theory of transformative justice along with jus post bellum principles to the case study example of Cambodia, the paper discusses the complexities, uncertainties and apparent contradictions of establishing a “just peace” that builds on, yet goes beyond, the intersecting norms and practices of IHL and ICL. The article concludes by proposing the need for a radical reconceptualization of jus post bellum in order to support a more sustainable, transformative and emancipatory peacebuilding agenda.

Nations, corrective justice and state creation: How normative are normative remedial theories of secession?

AbstractProponents of remedial secession theory (henceforth RST) claim that a group obtains the right to secede when it is wronged by the state, given that other preconditions – which can be more or less restrictive, depending on the theory's author – are also fulfilled. However, in doing so, they face multiple moral challenges and problems. Here, we identify five major problems with their normative claims while paying particular attention to the ethical and practical implications of the “implementation” and the “appropriateness” problem. With the help of Pollock's method for evaluating moral theories, we conclude that the critical problems encountered by RST remain unresolved due to the untenability of its fundamental premise: that secession is an instrument suitable for achieving corrective justice.

Теоретик права, методолог і лірик (до 70-ліття від дня народження професора Михайла Степановича Кельмана)

Abstract. The biographical essay about Professor, Doctor of Law Mykhailo Kelman outlines not only the milestones of the life of a Ukrainian personality, but also the boundary segment of the progress of jurisprudence over the three decades of independence of modern Ukraine. He humbly brings to the "human court" the criticism of the age-old burden of historical heritage, responsibility for the ideas of the present and “arguments” distorted by pseudo-science. All of this is done methodologically soundly on the basis of the author's theory of analyzing the methods proposed at the stage of reforming jurisprudence, taking into account domestic and foreign achievements. His works are the fruit of active cooperation with the scientific legal community in solving the problems formed by such luminaries as M. I. Kozyubra, O. D. Tikhomirov, S. Husarev, P. M. Rabinovych and others. The monographic work "Legal Science as an Object of Methodological Research" (2011) forms the concept of legal methodology, integration of legal science into modern social sciences and humanities, and legal practice. Keywords: jurisprudence; methodology; pedagogy; sports; poetry.

Documentary Practice as Praxis: A Direct Appeal to the Realization of the Social Act

The essential preoccupation of this paper is documentary practice as (social) praxis, the voice of the photography аs a direct mode of transmission and not only the discovery or mediation of reality. Alan Sekula's photographic discourse is taken as a case study, a practice that directly engages the subject – the position of the worker within the working class, critically representing the reality that is usually masked by spectacle. The hypotheses assume that the methodology of contextualization and discursivization of documentary photography (Untitled Slide Sequence, 1972) leads to a conscious perception of a historical and social reality. Using a cross-methodology of the author's theory and practice, referring to the author's critical point of view, Marxist and post-Marxist theories, this paper indicates that Sekula develops a specific photo-graphology concerned with the directness of expression, the literalness of meaning, and the unmasking of iconic signs captured by capitalist signifiers. The arguments underline that the use of documentary photography as a direct appeal can encourage the realization of a social act. The conclusion implies that the use of the author's voice in the direction of changing the movement of aesthetic production and reception leads to actualization, towards awakening of the passive component – confrontation with social stratification under capitalist order.

Writing at a Distance: Notes on Authorship and Artificial Intelligence

ABSTRACT: This essay provides an overview of notions of authorship in AI and natural language processing systems and discusses past and current debates about computers as literary authors. It suggests the concept of causal authorship to measure the types of distance between human and machine agents, acknowledging the anthropocentric bias of this idea. To balance this, the essay reflects on the notion of distributed authorship , which considers the network of actors involved in the creation of a text and has its own limitations. Both concepts are elements of a future theory of authorship in the age of machine learning.

Digital Transformation of Optimal Decision-making in Economic and Engineering Systems Based on the Theory and Methods of Vector Optimization

Objective: The purpose of the work is to analyze, study the processes of digital transformation and make optimal decisions in economic and engineering systems based on the theories and methods of vector optimization. Methods: Methods for studying the processes of digital transformation of economic and engineering systems are based on the author's theory of vector optimization, which is represented by: axiomatics and optimality principles that show how one solution is better than another. On the basis of the principles of optimality, constructive methods for solving vector problems have been built, firstly, with equivalent criteria, and, secondly, with a given priority of the criterion: https://rdcu.be/bhZ8i (Springer Nature's "Vector optimization with equivalent and priority criteria" is distributed free of charge.) The paper presents that the problem of accepting the optimal process is carried out as a result of the digital transformation of the initial (statistical, experimental) data into vector problems in optimization, which represents a mathematical model of economic and engineering systems. Depending on the number and type of criteria, we solve problems with a vector of criteria, each component of which is directed to the maximum, and with a vector of criteria, each component of which is aimed at a minimum, in aggregate. Results: The result of the study is the practical orientation of digital transformation, which is shown in the computer-aided design of economic and engineering systems based on vector optimization. For this purpose, software for solving vector problems of linear and nonlinear programming has been developed. Linear vector problems are used in economic systems (forecasting, planning). Software for solving vector problems of nonlinear programming are used digital transformation of optimal decision-making in engineering problems. Conclusion: In conclusion, numerical examples in the field of economic systems are presented by the digital transformation of optimal decision-making in the development of the company. When making optimal decisions in engineering systems, the following has been developed: the construction of initial data (technical task) for modeling; transformation of a mathematical model under uncertainty into a model under conditions of certainty; making an optimal decision with equivalent criteria; making the optimal decision with a given priority criterion

Ідея Бертольта Брехта про колективну творчість

The most recent research in the theory of authorship has been used to put forward an original idea about the collective creativity of the German poet and playwright Bertolt Brecht (1898–1956). It is stated that according to Bertolt Brecht scholars, there still does not exist a definition for the “collective creative work process” (Nadia Dimassi). At the same time, Brecht never concealed his creative principle, highlighting in his theoretical texts how important collective creative collaboration was for his work. Moreover, this specific principle is particularly important for understanding the creative phenomenon of the talented German artist. It is established that the concept of collective artistic creation manifests modernist qualities in his creativity, namely lyrics. Brecht believed that one isolated artist’s depiction of the modern world in its extraordinary complexity was insufficient and dubious. It has been established that Brecht’s concept of collective creation developed in several directions: throughout his life, his creative work involved friends and peers whose knowledge and skills he particularly valued, including his numerous beloved women. The artist was, thus, convinced that art was a collective affair. In addition, it is known that Brecht did not consider creative texts as being complete. For him, they were temporary versions in a constant state of creation. A particular moment of development came with their staging. Brecht had a particular attitude towards existing literary material – he believed he was a craftsman as far as texts were considered, so he developed his own “poetics of plagiarism”. A comparison with “Wagner’s total work of art” revealed intermedial aspects of artistic products created by Bertolt Brecht. The artistic specificity of the “Brecht machine” has been summarized, and the principles of its operation have been identified.

Response to Comment on “On the Evolution Equations of Nonlinearly Permissible, Coherent Hole Structures Propagating Persistently in Collisionless Plasmas” [Ann. Phys. (Berlin) 2023, 2300102

AbstractOur critical analysis of Hutchinson's work, expressed in our recent article in the Annalen der Physik, which goes beyond mutual misunderstandings and misrepresentations, is also maintained in light of his Comment. The main reason for the limited yield in structural description is the author's adherence to the BGK method and the associated lack of a nonlinear dispersion relation (NDR). Even with an additional asymptotic constraint, as a supposed replacement for the NDR, the author's theory remains inferior to the pseudo‐potential method.

Development of Author Theory in Literary Studies: Past and Present

The relevance of the article is a comprehensive analysis of the problem of the historical development of the concept of «author» in literary studies as a multifaceted category of personality. Attention is drawn to the direction of development of the author's theory in literature in the periods of Romanticism, structuralism, formalism, poststructuralism and postmodernism, a comparative, expert analysis of the fundamental theoretical conclusions and basic principles of authoritative representatives of this period is carried out. In «neorealism», which brought a new impetus to literary criticism, over the same period of time in the USA, Europe, Russia and our country, the author's theory developed and interpreted in different ways. The logical connection of these theories with each other was weak and even had contradictions in some issues. In addition, the analysis reveals that the American-English «new criticism», the European-French «criticism of consciousness» and the Soviet classical paradigms have their own characteristics and differences. The consistency of А. Baitursynov's conclusions in relation to the author with the studies of other scientists in the world literature was analyzed. Modern trends in the development of the author's theory were also identified and an expert analysis of the works of scientists in this field was carried out. As the main components that make up the concept of «Author», the categories are defined – «the image of the author», «the position of the author», «the intention of the author», innovative ideas in this direction are analyzed. The authors of the article, relying on the historical pattern in the development and decline of scientific theories and literary schools, formulate that at present there is a «period of theoretical crisis» in science related to the author's theory.

Everyday Representations of Authenticity: From Childhood to Youth

Authenticity is a personality trait, which implies loyalty to one's true self, correspondence to the personality, spatiotemporal life circumstances, and vocation. Three main paradigms of the interpretation of authenticity are compared - person-centered, existential, and agent paradigms. To study the dynamics of everyday experience of authenticity, an exploratory study was conducted on the respondents of three ages: primary school children (7–12 years old, SDage = 1.12), adolescents (12–17 years old, SDage = 1.62), and youth (18–23 years old, SDage = 0.92). Each group included 150 people and was balanced by gender. The main method was a research interview followed by a structured tabular thematic analysis. The interview included five thematic blocks covering the main manifestations of authenticity - authentic living, accepting external influence, self-alienation, behavior, and balance of social/individual. The results demonstrate the greater relevance of the existential and agent paradigms for describing the respondents’ authenticity. In all ages, authenticity was described as an initially social feature, stimulated by interaction with other people and manifested in it. The influence of other people was not considered by respondents as a source of selfalienation, regardless of age. The descriptions of authenticity become richer and more differentiated with age. In primary school children, authenticity is reflected weaker, and the state of selfalienation is recognized with difficulty. Finally, manifestations of authenticity are age-specific and closely related to the content of the developmental tasks of each of the considered stages. The results obtained can be used in further research and applied programs.

In light of #MeToo: reconsidering the art/artist relationship for better futures

This article reflects on the impact of #MeToo on the artworld. It examines some of the debates the movement spurred, such as censorship and whether or not we can separate the ‘man’ from ‘his’ work, with examples from recent curating around the world. The article uses feminist art history and theories of authorship to show that narratives of artistic temperament and genius are outdated but contribute to a society that indulges the perpetrators of #MeToo. It is demonstrated that the market’s investment in this art/artist relationship propagates a system of abuse. Alternative models of authorship are analysed to demonstrate that there are other ways of authoring and understanding art, which could radically shift current asymmetries and abuses of power. These include the anonymous Guerrilla Girls and the pseudonymous duo Bob and Roberta Smith. These artists toy with narratives of artistic genius and actively work against sexism in the artworld. The article concludes that we must still consider the biography when interpreting works – for the personal is part of #MeToo – but calls for a more holistic understanding of the artworld and its financial infrastructures in order to challenge its own apparatus.

“…in Japan, we are just imitating the ‘real’ thing…”. (Re)doing racialized authentic self in classical music

AbstractScholars exploring the entwinement of “authenticity” and “race” in cultural production demonstrate that artists are frequently evaluated according to racialized standards, whereby differences in musical expression are believed not only to be the result of cultural differences but to be rooted in ethnic and racial differences in the popular imagination. Heretofore, the research has focused either on evidencing that authenticity is entirely a social construct or on tracing racially informed discriminatory practices against artists of color. Exponents of an artform traditionally associated with a racial group other than their own are frequently deemed “inauthentic.” However, less attention has been devoted to investigating whether, and if so how artists resist, or otherwise deal with, this racialized construction of authenticity. This article contributes to the literature on authenticity, race, and identity in creative work by examining the ways in which artists navigate racialized representations of authenticity in Western art music. The analysis is informed by qualitative research conducted among 75 Japanese musicians in France, Poland, and Japan. It draws on performative theories to conceptualize both authenticity and race as something that people “do” and “redo,” rather than “have” or “are.” My findings demonstrate that Japanese artists are doing authentic music self through race by self‐aligning with a Western personality, a Western sense of music, and by training their bodies to fit Western instruments. The various means available to an artist to resist racialized preconceptions and appraisals are additionally examined and their feasibility and effectiveness assessed. I argue that an artist has considerable, albeit limited, agency and that the hierarchical racial divisions in Western classical music can therefore be temporarily dissolved to make it more inclusive.

‘An indie voice for a generation of women’?: Greta Gerwig, and female authorship post #Metoo

ABSTRACT Greta Gerwig’s solo directorial debut Lady Bird (2017) hit screens during an extraordinary cultural moment in which stories of the abuse women suffer at the hands of powerful men were receiving unparalleled visibility. The #MeToo movement prompted the entertainment industry to reflect upon issues of diversity, equality, and women’s roles on and off screen. As a woman filmmaker on the press circuit at the time, Gerwig was symbolically recruited and operationalised as part of the #MeToo/Times Up project. This article examines the dominant discourses circulating around women filmmakers in a post #metoo landscape, using Gerwig as a case study. In so doing, it seeks to revaluate feminist theories of authorship during a supposed watershed moment for the industry. It argues that the spectre of the (masculine) auteur not only endures in post #MeToo film culture but has actually been emboldened by the movement to further ghettoise women in the film industry.

Author’s Being and Death: from Ancient Times to Postmodernism

The article examines the concepts of “author” and “authorship” in literature in terms of his birth, evolution, decline, and return. The problem of authorship in literary studies is related to the question of approaches to textual research: should we pay attention to the author’s personality, what place does the author occupy in the author-text-reader relationship, and is it possible to completely abandon the author in favour of the reader or the text? The subject of the study is the concept of “author” in literature in the context of the historical development of the phenomenon of authorship. The purpose of the study is an attempt to comprehensively analyse the phenomenon of authorship, its evolution, and to compare different theories and approaches to the study of literary authorship. Anglo-American literary critics (E. Bennett, S. Burke, and J. Frow), considering the issue of authorship, include in their searches the early epochs – Antiquity and the Middle Ages, where there were proto-models of authorship. The figure of the author as an independent creator whose ideas are presented in his literary work wereconsolidated in the Modern period. This was facilitated, in particular, by the invention of printing and copyright. In Romanticism, the concept of “author” is more developed. Here, the author appears as a carrier of original ideas, and the literary work is a real reflection of his thoughts and inspiration. The development of modernism is undergoing dramatic changes. In the twentieth century, representatives of the formal school of literary criticism, the new criticism, determined that a work cannot be explained solely by the author’s personality. Besides, the focus was on the text and later on the reader. The works of R. Barth and M. Foucault reached their apogee without author-centered approach in the 1960s. At the end of the century, literary critics resumed an active discussion about the place of the author, considering the “death of the author” to be too radical. The study uses the historical method to trace the evolution of the phenomenon of authorship, the comparative method to help establish logical connections between different theories, and the method of analysis. In the course of the study, the author identifies the periods of development of authorship and the specific features inherent in each of them. In particular, the author identifies the characteristic features of authorship in the ancient era, the Middle Ages, the Renaissance, Romanticism, Realism, Modernism, and Postmodernism. An important element of the work is the establishment of relationships between different theories of authorship in the twentieth century, where there is a struggle with traditional ideas about the author. Based on the research of S. Burke, it is determined that the transition from author to text and reader was carried out gradually during the first half of the twentieth century. The “death of the author” was the result of the work of many literary schools, and R. Barthes summarized it in a rather radical form. The author’s rapid return to the discourse is due to the impossibility of solving the issue of text interpretation by completely ignoring the author, in particular the peculiarities of his individual style. The novelty of the work lies in an attempt to take a global historical view of the problem of authorship, since authorship is more often discussed in the context of the twentieth century. The obtained results will help to better understand the reasons for the decline of the phenomenon of authorship and its revival, as well as to understand the variability of approaches in the study of literary texts.

Трансформация конституционно-правовых отношений в условиях внедрения современных технологий

The relevance of this study lies in the growing role of modern technologies in the daily life of a person, society and the state. The transformation of our life inevitably entails the need to revise the methods and ways of legal regulation. To solve such a conceptual problem, it is necessary to analyze how the practice of its application is changing within the framework of the current legal regulation. Law-abiding behavior implies, among other things, the observance of established regulations in the course of carrying out one's activities. In other words, we must meet certain standards, not go beyond certain limits, but the way in which this happens remains unnoticed. At the same time, a change in the formats of legal relations changes them and, accordingly, the subjects that participate in them. The dynamics of society should be taken into account by the state, including in the process of lawmaking. The aim of this study is to demonstrate the actual change in the essence of individual legal relations implemented within the legal framework, but in a modified format using modern technologies. To reach the aim, the following tasks were solved: (1) The features of the implementation of individual legal relations using modern technologies were considered. (2) The legal statuses of individual entities operating in classical conditions and of those using modern technologies were compared. (3) The author's theory of correlations of subjects of law, as well as the separation of the subject of law from the subject of legal relations established in the doctrine, was applied to confirm the thesis about the need to identify the relevant subjects. For the preparation of this work, methods of expert assessments were used to analyze the state of the market for modern technologies and their capabilities in areas of interest to the author. To obtain the final result, the modeling method was used. The comparative legal method was used to compare the legal regulation of different states. In addition, general scientific methods of deduction, induction, analysis and synthesis were applied. The result of the work is the conclusion about the need for a subjective distinction depending on the specifics and format of the implementation of legal relations with the use of modern technologies or without it. Some options for legal action to overcome this problem are proposed. The specificity of the implementation of social relations involves the actual transformation of the legal status of the subjects that participate in them. This situation can potentially have a negative impact on a number of social institutions, and this problem must and can be solved by legal means, the concept of which is proposed as a result.

Homegrown Heroes: Peasant Masculinity and Nation-Building in Modern Egyptian Art

Abstract On January 18, 1938 the Fuad I Agricultural Museum in Cairo opened its palatial doors to the local public and featured four untitled portraits (1934–1937) of peasant men sporting distinctive costumes and handicrafts. The artist behind these prominent paintings was an Egyptian named Aly Kamel al-Deeb (1909–1997), whose early career combined commissions at official museums and participation in anti-establishment artist groups in Egypt. What could explain al-Deeb's transition from creating art in opposition to national museums, to painting for such institutions? This essay analyzes al-Deeb's four paintings, which I call Homegrown Heroes, and argues that they began shifting the urban Egyptian public's perceptions of the male peasant subject and his role in achieving national sovereignty. Many scholars put nationalist and avant-garde narratives of Egyptian identity in opposition. This essay reveals the patriarchal frameworks underlying representations of folk art and authenticity among nationalists and the avant-garde alike in their meditations on the peasant figure. Contextualizing Homegrown Heroes in the surrounding art and science displays, popular culture, and sociopolitical shifts of the interwar period shows that male peasant figures in Egyptian art transformed from passive symbols of cultural backwardness to heroic citizens who use folk-art practices to liberate Egypt from Western imperialism.

KETERAMPILAN ANSAMBEL DALAM MUSIK KAMAR (STUDI KASUS MARSKANSKEY STRING QUARTET)

String Quartet is the most popular form of Chamber Music. In a string quartet there are no conductors as leaders, directors and music coordinators, no wonder many quartets end up disbanding due to problems. Marskanskey String Quartet is a group from Jogja that has been around for a long time and has more achievements, although based on initial observations this group looks the same as other groups. This research was appointed to find out what aspects of ensemble skills, how to apply ensemble skills in the Marskanskey group. To explore how the application of ensemble skills in the Marskanskey group, the author discusses the case with Keller's theory of ensemble skills. The author's theory considers that he is able to describe the discourse thoroughly, comprehensively and deeply, namely skills from the rehearsal process to performances. This research is a qualitative research with a case study approach. The results showed that Marskanskey had applied ensemble skills both in rehearsal and concert. With strategies in practice, including self-preparation until perfomances can influencing and supporting the success of a group to achieve maximum sound production. Interestingly, the researchers found a shift in function in the use of cues, as well as limitations in Keller's theory, namely the online cog-motor ensemble skill that occurs automatically.

Theoretical foundations of diversification of enterprise activities in conditions of economic instability

The article substantiates theoretical approaches to the concept of «diversification». It provides a meaningful definition, identifying signs and critical characteristics in the context of its development in conditions of economic instability. Based on a broad analysis of the definitions of diversification, the author's theory is formulated, the essence of which is that «diversification» is a strategy aimed at improving the efficiency of the enterprise's functioning in conditions of instability by changing the range of products, sales markets, distribution of risks, achieving economic benefits, preventing bankruptcy, and using available opportunities. The signs of diversification are defined, including target orientation, distribution of financial resources, penetration into new spheres and industries, expansion of geographical boundaries of activity, expansion of the range, development of new types of production and technologies, entry of enterprise into new sectors of the market, change of organizational structures. It is determined that the concepts of diversification of enterprise activity show its importance as a development strategy. The main characteristics of this strategy include structure, multidimensionality, dynamism, purposefulness, emergence, and feedback. It has been found that enterprises resort to diversification for various reasons, such as market stagnation, the desire to expand the range of activities, identifying new opportunities, and others. It is determined that the primary motive for using diversification is the desire to increase the efficiency of the enterprise not only at the current moment and shortly but also for the long term. A classification of motives for diversifying enterprise activities with their division into technical-technological, economic, financial, social, and strategic has been carried out. It is substantiated that the choice of a specific way of diversification depends on the financial condition of the enterprise, the capabilities of different industries, and the duration of such a strategy. Keywords: management, diversification, market, strategy, motives.

Led Around by the Nose

Led Around by the Nose

KAJIAN STRUKTURAL DAN KOMPARATIF FILM BEFORE TRILOGY DAN BOYHOOD KARYA AUTEUR: RICHARD LINKLATER

The classic theory of authorship has sparked debate among academics, practitioners, and film critics for many years. In film education, the theory of auterism is widely discussed because it provides an interesting overview of film techniques and styles that is developed by an auteur. Richard Linklater is an auteur serving as director and screenwriter in many of his films. This study uses qualitative research methods with structural and comparative methods, where structural approach is used to deconstruct Richard Linklater’s film through the characters, themes, and visual styles (types of frames and camera movements). The comparative method is used to find similarities and differences in Before Trilogy and Boyhood, also to reveal Richard Linklater’s authorship style. To conclude the research, Richard Linklater is a collaborative auteur. In his experimental approach of filmmaking specificially in the making of Before Trilogy and Boyhood, Richard Linklater always worked collaboratively with actors or editors. The difference between Richard Linklater’s films can be seen through visual aspects of the film, on the contrary, in terms of narrative aspect, Before Trilogy and Boyhood do not have significant differences. Many similarities can be found throughout the narrative aspects of his films.