Substantive Nature Research Articles

Criteria of Validity

This article revisits the debate between inclusive and exclusive legal positivism, arguing that the question around which it is founded – about whether morality can function as a condition of legal validity – obscures a more basic and fundamental truth about the nature of law: that the norms composing a legal system's criteria of validity have a formal as opposed to substantive nature. Recognising this, I argue, helps to clarify some important aspects of the relationship between the ultimate norms of any legal system and its constitution. It also helps to explain away much of the debate between exclusive and inclusive positivism.

The concept, legal nature, content and subjects of notarial legal relations under Russian law

The article examines the nature and main characteristics of the notarial legal relationship. The notarial legal relationship is considered as a kind of social relationship associated with the organization and functioning of the notary in Russia. Accordingly, a notarial legal relationship can be considered both in a narrow sense (relations between a notary and persons who applied for a notarial action), and in a broad sense, which also includes relations between notaries and notary chambers. Based on the comparative legal method, the author analyzes the theoretical foundations of civil procedural and notarial legal relations. It is proved that the notarial legal relationship is of a public law nature and of a substantive nature, due to which it cannot be attributed to procedural activities, and at the same time cannot be considered as a civil legal relationship. The obligatory subject of a notarial legal relationship (in the narrow sense) is a notary who performs a notarial act. The content of the notarial legal relationship is the rights and obligations regulated by Russian legislation on notaries and the Regulations for performing notarial acts.

Efficiency as a tool for measuring law-making and its policy

In the scientific work, the author made an attempt to establish the methodological significance of the category «efficiency» in terms of the dimension of law-making and law-making policy. Attention is focused on the relevance of strengthening the scientific development of the methodology of studying law- making and its policy. It was emphasized that law-making requires systematic analysis, improvement of law-making mechanisms and the involvement of a wide range of experts to ensure the effective functioning of the legal system. Taking into account the constant changes in the social and political life of our country and the need to adapt legislation to European standards, law-making activity becomes an even more relevant phenomenon that not only needs its own scientific research, but also measurement for its effectiveness. Therefore, the relevance of the topic of this scientific work is determined both by the possibility of measuring the effectiveness of law-making, and by the necessity of such a measurement in order to provide a comprehensive assessment of the practice of law-making in Ukraine. The analysis of the views of scientists, which relate to the methodological significance of effectiveness as a tool for measuring the phenomena of legal reality, has been carried out. It is concluded that efficiency is a multidimensional tool that should establish the effectiveness of both directly law-making (on the micro-level) and the entire law-making policy (on the macro-level). It is noted that law-making and law-making policy can be studied from the point of view of their effectiveness, the results of which will have either a substantive nature (law-making effectiveness) or a strategic nature (law-making policy effectiveness). From the point of view of methodological significance, efficiency as a tool for measuring law-making and law-making policy is an independent: 1) a way of measuring indicators that reflect the result of the functioning of law-making or law-making policy; 2) a means of identifying and characterizing the role and purpose of law-making and its policy in socio-political and legal aspects; 3) a mechanism for identifying deficiencies in law-making activity and the content of law-making policy; 4) a prerequisite for substantiating ways of improving law-making activity and the content of law-making policy.

Isocrates’ Political Science

Abstract This article argues that despite Aristotle’s criticism of him, Isocrates does not actually hold the belief that political science, or universal knowledge of practical affairs, is impossible. When he appears to express this view, he is using hyperbole to distinguish himself from his adversaries. In reality, while he certainly underscores the significance of particular cases and doxa, he also claims to possess insights into universal principles concerning politics. He does so on the ground of philosophical arguments characterized by their consistency, sophistication, and substantive nature. These arguments are robust enough to be structured into a coherent system of principles akin to a political science in the Aristotelian sense of the term – although Isocrates himself never elaborated this science in a clear and systematic manner. The objective of this article is twofold: first, to defend this unconventional interpretation of Isocrates’ political speeches, and second, to offer a systematic analysis of the implicit political science within them.

Impact of European Integration on Substantive and Formal Constitutional Amendments in Spain in the Light of the Spanish Constitutional Court’s Jurisprudence and Constitutional Practice

The purpose of the article is to answer the question of how the process of European integration has influenced the Spanish constitutional order. Taking the European clause set out in Article 93 of the Spanish Constitution as a starting point, it analyzes both impacts of a formal-legal nature, but also influences of a substantive nature affecting the normative content of the Spanish Constitution. The study demonstrates that EU law, based on the principle of “direct applicability” and “direct effect,” intensively influences Spanish constitutional law and has been the strongest factor influencing the Spanish legal order since the enactment of the Spanish Constitution in 1978. Thus, while the Spanish Constitution in the formal sense remains a rigid constitution, when viewed in the category of a substantive constitution, it has proved to be flexible and susceptible to external influence, despite the fact that this occurs de jure with the consent of Spain expressed in respect of the principle of state sovereignty, on the basis of the provisions contained in Article 93 of the Spanish Constitution.

Tilts, developmental modules, and cognitive differentiation-integration effort: A multi-study response to

Sorjonen et al. (2024) critique a recently published finding that cognitive tilts are heritable, which was advanced as a line of evidence supporting their substantive (rather than artefactual) nature. These researchers claim: i) that the heritability of tilts is simply a function of the heritabilities of the specific cognitive dimensions used in their estimation, and ii) that spuriously heritable tilts can be recovered using difference scores between psychometric, anthropometric, and even random number variables. Here, multiple studies employing three behavior genetic datasets are used to test these claims. Even when cognitive tilts are residualized for their association with their constituent abilities, they still exhibit small, but non-zero heritabilities. Shared environmentality (C) accounts for the largest proportion of variance among these residuals. Tilts generated using random numbers are, by contrast, in all cases associated with AE models, exhibiting near 100 % E variance, corresponding to error. In the Swedish Twin Registry, the tilt residual is positively correlated with a measure of life history speed (Mini-K score), suggesting that tilts capture cognitive differentiation-integration effort conditioned developmentally by C variance. Distinct latent factors among psychometric and anthropometric variables in the Georgia Twin Study are also found. These indicate the presence of distinct developmental modules, meaning that tilts estimated using manifest variables associated with different modules lack theoretical credibility, as also evidenced by weak cross loadings.

HIV programme sustainability inSouthern andEastern Africa andthe changing role ofexternal assistance forhealth.

High human immunodeficiency virus (HIV)-prevalence countries in Southern and Eastern Africa continue to receive substantial external assistance (EA) for HIV programming, yet countries are at risk of transitioning out of HIV aid without achieving epidemic control. We sought to address two questions: (1) to what extent has HIV EA in the region been programmed and delivered in a way that supports long-term sustainability and (2) how should development agencies change operational approaches to support long-term, sustainable HIV control? We conducted 20 semi-structured key informant interviews with global and country-level respondents coupled with an analysis of Global Fund budget data for Malawi, Uganda, and Zambia (from 2017 until the present). We assessed EA practice along six dimensions of sustainability, namely financial, epidemiological, programmatic, rights-based, structural and political sustainability. Our respondents described HIV systems' vulnerability to donor departure, as well as how development partner priorities and practices have created challenges to promoting long-term HIV control. The challenges exacerbated by EA patterns include an emphasis on treatment over prevention, limiting effects on new infection rates; resistance to service integration driven in part by 'winners' under current EA patterns and challenges in ensuring coverage for marginalized populations; persistent structural barriers to effectively serving key populations and limited capacity among organizations best positioned to respond to community needs; and the need for advocacy given the erosion of political commitment by the long-term and substantive nature of HIV EA. Our recommendations include developing a robust investment case for primary prevention, providing operational support for integration processes, investing in local organizations and addressing issues of political will. While strategies must be locally crafted, our paper provides initial suggestions for how EA partners could change operational approaches to support long-term HIV control and the achievement of universal health coverage.

Text]uring: writing through fashion for a new literacies dissertation

The term 'literacy' encompasses reading and writing practices, each with distinct meanings and histories. Scholars define individuals as 'literate' or 'illiterate' based on these practices, a point not to be taken lightly. New literacies studies have expanded literacy from print to encompass all forms of meaning-making, leading to an expansion of associated terminology. In American higher education, despite the expanded meanings of terms like 'writing' and 'text,' the term 'research' remains dominated by written language, even within dedicated disciplines (Coiro et al. 2008; New London Group 1996; Wilber 2008). Through a cultural studies perspective, I traced the historical evolution of American literacy to the present day. The study revealed darker consequences of literacy's past, providing insights for scholars to understand silenced voices and advocate for their inclusion in the future. Given the ever-expanding practices of literacy, the need for increased attention to writing instruction, and the problematic otherness of arts-based disciplines such as fashion, my goal is to broaden the range of accepted scholarly compositions in higher education. I believe this pursuit is key to the advancement of academic research publications. To address this paradox, I actively embraced new literacy practices by creating a dissertation supported by Barone & Eisner’s (2012) concept of arts based research. Drawing on my experiences in the industry, I sought to challenge views of fashion as frivolous by writing my dissertation in the language of dress, offering a new perspective on the interwovenness of literacy and fashion. My dissertation argues that fashion is a form of writing by exploring nonverbal communication in scholarly work. This move reconciled the perceived frivolity with the substantive nature of fashion and ignited my commitment to the acceptance of research in diverse language forms.

Public uncertainties in relation to COVID-19 vaccines in the United Kingdom

Uncertainties about COVID-19 vaccines and variants have been linked to vaccination refusal on a significant scale. To optimise public health communication on vaccination and inform vaccination policy, it is necessary to understand the substantive nature of these uncertainties. Our study, using a corpus of texts from 324 UK citizens, examines these uncertainties. The results suggest that major public uncertainties regarding COVID-19 vaccines are expressed in terms of: (1) concerns about the safety of the vaccines; (2) concerns about the effectiveness of the vaccines; (3) perceived lack of trustworthiness and/or competence of actors in the vaccination process; (4) concerns about the logistics of the vaccination roll-out; and (5) uncertainty about the longer-term need for vaccines and social consequences. Public uncertainties regarding COVID-19 are complex and will continue to evolve. Policy responses must be informed by an understanding of the factors that instigate and maintain uncertainties in individuals and the wider society.

Psychological influences on COVID-19 preventive behaviours and vaccination engagement in the United Kingdom and the United States: the significance of ethnicity

Two studies are reported here: a mapping review of literature on the effect of ethnicity on psychological influences upon COVID-19 responses, and a survey simultaneously undertaken in the United Kingdom and United States designed to examine ethnic differences in levels of, and in relationships between, identity resilience, social support, science trust, COVID-19 fear, COVID-19 risk and vaccination likelihood. The review found that very few studies during 2020–2021 examined the effect of ethnicity on the psychological influences on COVID-19 preventive behaviours. The survey study found that science trust, vaccine positivity, perceived risk, COVID-19 fear, identity resilience and social support account for roughly 50 per cent of the variability in COVID-19 vaccination likelihood. Ethnic categories report different levels of these influences but similarity in the way they interact. Taken together, the results indicate that a single model of psychological influences on vaccination decisions is applicable across ethnic categories.

The ephemeral nature of wording effects.

This article explores the analysis and interpretation of wording effects associated with using direct and reverse items in psychological assessment. Previous research using bifactor models has suggested a substantive nature of this effect. The present study uses mixture modeling to systematically examine an alternative hypothesis and surpass recognized limitations in the bifactor modeling approach. In preliminary supplemental Studies S1 and S2, we examined the presence of participants who exhibited wording effects and evaluated their impact on the dimensionality of Rosenberg's Self-Esteem and the Revised Life Orientation Test, confirming the ubiquity of wording effects in scales containing direct and reverse items. Then, after analyzing the data for both scales (n = 5,953), we found that, despite a significant association between wording factors (Study 1), a low proportion of participants simultaneously exhibited asymmetric responses in both scales (Study 2). Similarly, despite finding both longitudinal invariance and temporal stability of this effect in three waves (n = 3,712, Study 3), a small proportion of participants was identified with asymmetric responses over time (Study 4), reflected in lower transition parameters compared to the other patterns of profiles examined. In both cases, we illustrate how bifactor models capitalize on the responses of individuals who do not even exhibit wording effects, yielding spurious correlations suggesting a substantive nature of the wording effect. These findings support the notion of an ephemeral nature underlying wording effects. The discussion focuses on alternative hypotheses to understand these findings and emphasizes the utility of including reverse items in psychological assessment. (PsycInfo Database Record (c) 2023 APA, all rights reserved).

Origin of Lexical Suffixes in the Salish Languages

Lexical suffixation is an essential feature of the Salish language family. Such suffixes form closed classes of morphemes that express various types of meaning, e.g., somatisms, locatives, natural phenomena, artefacts, phytonyms, etc. Most Salish lexical suffixes are of substantive nature. However, they hardly ever correspond with free forms of substantives, be it synchronically or diachronically. The authors reviewed a number of theories concerning the origin and development of the Salish lexical suffixes. Based on the synchronic and diachronic analysis, they put forward the following hypothesis of the origin of the Salish lexical suffixes. The suffixes stared as a dependent predicative construction, eventually compressed into a morphologically-coherent model according to the following evolution scheme: dependent predication / nominalized predicate → compounding / incorporation → lexical suffix (bound morpheme). Thus, the synchronous Salish substantives are diachronically based on verbal stems with their process semantics. The study adds to the linguistic understanding of the origin of various parts of speech and the borders between substantives and verbs.

A Socratic essentialist defense of non‐verbal definitional disputes

AbstractIn this paper, we argue that, in order to account for the apparently substantive nature of definitional disputes, a commitment to what we call ‘Socratic essentialism’ is needed. We defend Socratic essentialism against a prominent neo‐Carnapian challenge according to which apparently substantive definitional disputes always in some way trace back to disagreements over how expressions belonging to a particular language or concepts belonging to a certain conceptual scheme are properly used. Socratic essentialism, we argue, is not threatened by the possibility that some apparently substantive definitional disputes may turn out to be verbal or conceptual, since this pluralist strategy, in our view, requires a commitment to more, rather than fewer, essences. What is more, a deflationary, metaphysically ‘light‐weight’ construal of the essence‐ascriptions in question leads to a peculiar conception of the pursuit of metaphysicians as behaving like deceptive (or self‐deceived) grammarians pretending to be scientists. Moreover, this deflationary attitude, we argue, spreads beyond metaphysics and philosophy more broadly to apparently substantive definitional disputes in the sciences as well as other in other disciplines, such as art criticism.

Legal Problems of Recognition of Ownership Rights to Ownerless Electric Grid Facilities

Problem statement. The restriction by public entities of the circle of subjects for which the ownership right to ownerless things could be recognized did not allow to effectively solve the problem of returning electric grid facilities to property turnover. Having formed the material and legal prerequisites for solving this problem at the end of 2021, the legislator did not resolve the issue of the procedural procedure for recognizing the ownership rights of network organizations to such objects. Goals and objectives of the study. Identification of the substantive and procedural problems of the application of the institute of recognition of ownership of ownerless things in relation to the objects of the electric grid economy, the formation of proposals to overcome them. Research methods: dialectical, analysis, synthesis, formal and legal. Results, brief conclusions. Differentiation of the type of mediating the acquisition of ownership of ownerless linear objects of legal proceedings according to the subject criterion (for public entities – special proceedings, for network organizations – claim proceedings) is not due to the substantive nature of the case and contradicts the prohibition of different treatment of persons in the same or similar situations arising from the constitutional principle of equality of all before the law and the court. The expediency of supplementing the arbitration procedural form with the procedure for considering such cases according to the model of special proceedings is substantiated.

Interdisciplinary Training for Modernization of Education

The article examines the problem of the substantive nature of the modernization of higher education. It is accepted that interdisciplinary learning is one of the characteristics of modernization in education. Therefore, it is seen as a research competence approach that changes the static learning process, influences the role of the teacher, develops interdisciplinary competences and stimulates cooperation in pedagogical interaction. One of the specific characteristics of modern modernization – interdisciplinarity – is seen as a new research methodology in higher education.

Keep Your Eyes on the Prize: A goals-based approach to studying social movements in markets

Prior research on social movements and markets has thus far paid only scant attention to movement goals. In the few instances that goals are considered, the focus is on how goals provide a shared purpose to movement participants, and not on their substantive nature or ‘content’. In contrast, our review of the movements and markets literature suggests that the substantive nature of movement goals is critical because it provides a more comprehensive understanding of different market-based movements and their interactions with market actors – ultimately impacting the consequences for movements and their targets. We develop a social movement typology using a goals-based perspective to distinguish between three types of movement: alteration movements, whose goal is to alter or change the practices of markets or their actors; creation movements whose goal is to create new market categories as a means of addressing their grievances; and elimination movements whose goal is to eradicate or remove products, industries, or markets altogether. We propose that the relationship between these types of movement and market actors goes through a four-stage life cycle – emergence, action, interaction and settlement – and that initial variation in movement goals shapes differences in the movement–market relationship at each stage of this life cycle.

The Evolutionary Mechanisms for Tolerance and Social Humanism Development in Education and Medicine: A Post-Capitalist Discourse

The article is concerned with the substantive nature of late capitalism, which determines all spheres of social existence. It is clarified that neoliberal ideology forms a special type of socio-cultural relations, in which the politics’ technocratic nature disregards humanitarian and cultural aspects and doubts the very existence of the social. Under the circumstances of IT intensified development and real crisis of capitalism, the fundamental process of human-human interaction is ignored, consequently resulting in the loss of the human’s fundamental feature, that is, his sociality. Socio-philosophical research in modern realities is assigned to actualize the issues of spiritual production related to preservation of the social as the ontological essence of society existence in the future. Therefore, our paper aims to analyze the socio-productive function of education and medicine in the formation of a humanitarian and anthropological model of preserving social partnership and tolerance in modern society as opposed to the disappointing and disturbing experience of chronic social pathologies, medicalization and formation of the “remission society” model within the framework of capitalism. The formation of a humanitarian and anthropological model of preserving the social consists in actualizing the evolutionary mechanisms for social humanism, which is the basic characteristic of the post-capitalist reality.

Environmental law: Discourse complexity indices

The problem of the complexity of legal texts has been a highlydemanded topic in modern cross-disciplinary research. Considering the fact that environmental law and its language is objectively recognized as complex due to its ongoing development, substantive nature and the diversity of the subject matter, an integrative character of the branch of law under study. the authors propose investigating the analysis of complexity of legal texts applying both qualitative and quantitative approaches. The authors conduct the research into the development and the specifics of environmental law supported by the analysis of its language features. The authors come to conclusion that apart from purely legal complexity factors, the language of environmental law possesses some features that may also be viewed as discourse complexity indices.

Лексико-грамматическая характеристика и особенности функционирования редуплицированных существительных в современном русском языке

Reduplicated nouns such as krasota-krasota, mama-mama, and others, have been widely used in modern colloquial speech and attracted the interest of Russian and foreign linguists. This paper identifies how the functioning of these words depends on their relation to the lexico- grammatical classes and thematic groups. The characteristics underlying the peculiar seman- tics of all reduplicated nouns are specified: the comparison of several objects, with one of them fully expressing an individual / general image of a phenomenon; the substantive nature involving more than one feature in the word meaning. The classification is based on several criteria, the main one being the attributability to personal nouns (muzh-muzh, podruga- podruga) or impersonal nouns (veter-veter, derevnya-derevnya). For impersonal reduplicated nouns, the essential characteristics are their correlation with adjectives or their belonging to material, abstract, or concrete nouns or thematic groups (celebrations, seasons, clothes). These characteristics determine the following functions: the intensification of one characteristic, the combination of a greater intensification and a subject’s image of the best model, a complete correspondence to an individual / common image of a phenomenon, a high emotional evalua- tion, and others. The range of functions of personal reduplicated nouns is highly varied, de- pending not only on their belonging to a particular group (nominations based on gender and age, family and interpersonal relations, kind of activity) but also on extralinguistic factors, semantic peculiarities of a basic noun, and others. Reduplication can change a hierarchy of semes in the structure of a lexical meaning, actualizing the role of peripheral and implicit semes.

Factual grounds for the application of the special legal regime of martial state

The factual grounds for the application of a special legal regime of martial law in Ukraine and foreign countries at the current stage and in the historical and legal context have been studied. The concept of an armed attack as a factual basis for the introduction of martial law is analyzed. The normative-legal interpretation of the concept of "threat of attack" in national Ukrainian legislation is shown. It is emphasized that armed aggression in modern theory and practice means external armed aggression, the commission of which constitutes a violation of such a fundamental principle of international law as the non-use of force or the threat of force in international relations, which is formulated in mandatory international legal norms and the recognition of such norms an integral part of the national legal systems of all states of the world without exception, even without the ratification of those sources that contain the main principles of international law and generally recognized norms and principles of international humanitarian law. It is shown that the solution of internal social crises of an economic, political or any other substantive nature can be a controversial from the point of view of international legal and constitutional legal legitimacy in some foreign states. The current Ukrainian legislation quite justifiably does not include similar situations in the list of possible factual grounds for imposing martial law, since a special legal regime for internal crisis situations is a state of emergency. It has been established that according to the current Ukrainian legislation, the following factual grounds for the application of martial law as a special legal regime are recognized as possible: a) armed aggression; b) threat of attack. At the same time, both such situations should pose a danger to the state independence of Ukraine and/or its territorial integrity, which is a natural, immanently inherent property of any act of aggression or its real threat. Based on a similar formal and legal definition of the factual grounds for the application of martial law according to the current Ukrainian legislation, each of the possible factual grounds for the application of a special legal regime of martial law was considered separately in order to establish their content, scope and provide a proper interpretation in the context of the general ideas of modern constitutionalism about a special order of functioning systems of bodies and officials of public authorities and permissible and necessary temporary restrictions of the constitutional rights and freedoms of a person and a citizen.