Terms Of Facts Research Articles

相対名詞の語彙的なアスペクトの関係 －韓国語の｢전｣と日本語の｢前(マエ／ゼン)｣をめぐって－

This paper, based on synchronic and diachronic studies on systems of the temporal relational nouns in Korean and Japanese temporal relative clauses, describes and identifies correspondence of the systems of temporal relative nouns in terms of facts and observation. On this paper, corresponding relation and lexical association(on Chinese words/Haneo) of Koran “전” and Japanese “前(マエ／ゼン)” are classified as 4 types and considered. as a reviewing method, based on dictionaries published in Korea and Japan, all vocabularies are extracted and reviewed. Each heading vocabulary extracted from each dictionary for each type is described; ① beyond the standards, and “前·後” is lexically corresponding. ② beyond the standards, and “前” is lexically not corresponding. ③ beyond the standards, and “後” is lexically not corresponding. ④ “前”,which is beyond the temporal standards, means a temporal relational noun in the standards. As a result of consideration, temporal directional functions in Korean and Japanese temporal relative nouns do not coincide. In other words, when we think about when the generality inherent in each temporal relative noun is actually realized in language, we find that their specificity is part of the universality, not an exception, but a process of grammaticalization.

COMPLEX CHARACTER OF LOGIC IN LEGAL METHODOLOGY

Problem setting. In the modern methodology, the issues related to the impossibility of fulfilling the general scientific logical requirements of completeness and consistency are actualized: whitish spots testify to the inability to achieve the ideal of scientific completeness, and legal conflicts - about the contradiction of legal norms, which is potentially present in the legal system. Therefore, in relation to the problems of modern legal methodology, logical investigations are conducted with the intention of realizing non-classical ways of reasoning.Recent research and publications analysis. In studies on legal methodology, the logical form is used as a frame, for which the legal form is harmonized. Legal logic has distinct characteristics about traditional and classical logic, which need to be addressed. Researchers in legal logic refer to informal logic.Paper objective. The purpose of the article is to cover the paradigmatic characteristics of logic involved in legal methodology, justification of the logical toolkit in the perspective of the execution of legal tasks.Paper main body. At the legislative level and in the legal theory, lawyers rate a legal subject using the strongest and most effective in terms of achieving the truth and therefore the most influential practices of convincing logical forms and techniques. These, for example, include: modus Barbara simple categorical syllogism, known as litigation mode; modus ponens of conditional categorical syllogism, which is a logical form intended to form qualifications in violation of law (it is called legal syllogism); modus tollens conditional-categorical syllogism, which appears as a logical form as a formally-logical standard of the legal norm, etc. Thus, the logical form of legal qualification has a structure of conditional-categorical syllogism, modus ponens. On the other hand, legal logic differs from traditional and classical logic by the fact that it limits logical possibilities of cognition and implies deviation from logical rules, creating an exception in the logic of a legal subject. Limitation of logical possibilities is carried out from the point of view of the tasks of legal epistemology. That is, not all truths have legal significance. Restrictions and exceptions regarding logical rules are conditioned in particular by doubts as to whether the desired goal is achieved by qualifying concrete facts in terms of the logic of abstract subjects. Qualification from a legal point of view means establishing an identity (full or partial) of the attributes. The question arises: can there be identical signs of an abstract (or generalized on a high level) and specific subjects. The logical paradigm of abstract thinking is based on the ratio of gender and form, and the logical paradigm of specific thinking is based on the ratio of the part and the whole. In the practice of legal thinking, these logical paradigms are correlated in a special way. The proportion of the part and the whole are considered in the hermeneutical logic in the process of interpretation. Abstract norms require the establishment (or refinement) of the meaning, that is, the procedures of interpretation. Concrete facts are interpreted, provided contextual content they are given legal value.Conclusions of the research. The complex nature of the logic of lawyers appears in the simultaneous use of two logical paradigms (types of thinking), on the basis of which are also structured two types of interpretation.

The two faces of capacitance: New interpretations for electrical impedance measurements of perovskite solar cells and their relation to hysteresis

Perovskite solar cells are notorious for exhibiting transient behavior not seen in conventional inorganic semiconductor devices. Significant inroads have been made into understanding this fact in terms of rapid ion migration, now a well-established property of the prototype photovoltaic perovskite MAPbI3 and strongly implicated in the newer mixed compositions. Here, we study the manifestations of ion migration in frequency-domain small-signal measurements, focusing on the popular technique of Electrical Impedance Spectroscopy (EIS). We provide new interpretations for a variety of previously puzzling features, including giant photoinduced low-frequency capacitance and negative capacitance in a variety of forms. We show that these apparently strange measurements can be rationalized by the splitting of AC current into two components, one associated with charge-storage and the other with the quasi-steady-state recombination current of electrons and holes. The latter contribution to the capacitance can take either a positive or a negative sign and is potentially very large when slow, voltage-sensitive processes such as ion migration are at play. Using numerical drift-diffusion semiconductor models, we show that giant photoinduced capacitance, inductive loop features, and low-frequency negative capacitance all emerge naturally as consequences of ion migration via its coupling to quasi-steady-state electron and hole currents. In doing so, we unify the understanding of EIS measurements with the comparably well-developed theory of rate dependent current-voltage (I-V) measurements in perovskite cells. Comparing the two techniques, we argue that EIS is more suitable for quantifying I-V hysteresis than conventional methods based on I-V sweeps and demonstrate this application on a variety of cell types.

Viewing the Characteristics of Geological Facts from Geological Practice

Geology is based on geological facts. Geology practice is primarily aimedat obtaining geological facts. Geology practice directly affects the characteristics of geological facts in terms of practical objects, subjective factors, technical factors, and guiding theories. The characteristics of geological facts from the perspective of geological practice include: declarative features, temporal and spatial features, and so on.

Integrable Systems of Algebraic Origin and Separation of Variables

A plane algebraic curve whose Newton polygone contains d lattice points can be given by d points it passes through. Then the coefficients of its equation Poisson commute having been regarded as functions of coordinates of those points. It is observed in the work by O.Babelon and M.Talon, 2002. We formulate a generalization of this fact in terms of separation of variables and prove relations implying the Poisson commutativity. The examples of the integrable systems obtained this way include coefficients of the Lagrange and Hermit interpolation polynomials, coefficients of the Weierstrass models of curves.

Stylised facts for high frequency cryptocurrency data

The term ‘stylised facts’ has been extensively researched through the analysis of many different financial datasets. More recently, cryptocurrencies have been investigated as a new type of financial asset, and provide an interesting example, with a current market value of over $500 billion. Here, we analyse the stylised facts in terms of the Hurst exponent, using both the DFA and R/S methods, of the four most popular cryptocurrencies ranked according to their market capitalisation. The analysis is conducted on high frequency returns data with varying lags. In addition to using the Hurst exponent, our analysis also considers features of dependence between the different cryptocurrencies.

Evaluating facts and facting evaluations: On the fact‐value relationship in HTA

Health technology assessment (HTA) is an evaluation of health technologies in terms of facts and evidence. However, the relationship between facts and values is still not clear in HTA. This is problematic in an era of “fake facts” and “truth production.” Accordingly, the objective of this study is to clarify the relationship between facts and values in HTA. We start with the perspectives of the traditional positivist account of “evaluating facts” and the social‐constructivist account of “facting values.” Our analysis reveals diverse relationships between facts and a spectrum of values, ranging from basic human values, to the values of health professionals, and values of and in HTA, as well as for decision making. We argue for sensitivity to the relationship between facts and values on all levels of HTA, for being open and transparent about the values guiding the production of facts, and for a primacy for the values close to the principal goals of health care, ie, relieving suffering. We maintain that philosophy (in particular ethics) may have an important role in addressing the relationship between facts and values in HTA. Philosophy may help us to avoid fallacies of inferring values from facts; to disentangle the normative assumptions in the production or presentation of facts and to tease out implicit value judgements in HTA; to analyse evaluative argumentation relating to facts about technologies; to address conceptual issues of normative importance; and to promote reflection on HTA's own value system. In this we argue for a(n Aristotelian) middle way between the traditional positivist account of “evaluating facts” and the social‐constructivist account of “facting values,” which we call “factuation.” We conclude that HTA is unique in bringing together facts and values and that being conscious and explicit about this “factuation” is key to making HTA valuable to both individual decision makers and society as a whole.

Borsuk’s partition problem and finite point sets

Borsuk’s partition problem in $$\mathbb {R}^n$$ can be rephrased in terms of finite point sets, in fact in terms of finite subsets of $$\mathbb {Z}^n$$ .

An Adaptive Harmony Search Approach for Gene Selection and Classification of High Dimensional Medical Data

In Bioinformatics, microarray data analysis has gained substantial attention for disease diagnosis. Microarray data is represented with a huge search space which imposes the foremost difficulties in selection of most relevant facts in terms of genes. In this esteem, we have recommended a hybridised harmony search and Pareto optimization approach for feature selection in high dimensional data classification problem. In the first stage an adaptive harmony search algorithm for gene selection with probability distribution factor for optimal gene ranking is implemented. This selection is further refined applying a bi-objective Pareto based feature selection technique to select optimal minimum number of top ranked genes. The importance and relevance of the selected genes are verified through a few numbers of classifiers. Experimental analysis is conducted over four well known microarray datasets. Finally statistical analysis is conducted to prove the superiority of proposed work with two other nature inspired algorithms. Simulation result reveals that the proposed hybridisation is providing high potentiality in both sample classification and feature subset prediction prospective for high dimensional databases.

There is room at the bottom for small linguistic stuff

This article is concerned with the possibility that syntactic structure may feature “small stuff” not just at the very top of the clause, but also lower down, in the domain that would usually be regarded as the lexical domain. The analysis is based on a range of (dialectal) Dutch and Frisian data, suggesting an initial analysis for the relevant morphosyntactic facts in terms of which a “smaller” higher category -what superficially looks like the definite and indefinite article in the relevant systems - seems to be located at the bottom of a nominal structure.

Enhancing context knowledge repositories with justifiable exceptions

Dealing with context dependent knowledge is a well-known area of study that roots in John McCarthy's seminal work. More recently, the Contextualized Knowledge Repository (CKR) framework has been conceived as a logic-based approach in which knowledge bases have a two layered structure, modeled by a global context and a set of local contexts. The global context not only contains the meta-knowledge defining the properties of local contexts, but also holds the global (context independent) object knowledge that is shared by all of the local contexts. In many practical cases, however, it is desirable to leave the possibility to “override” the global object knowledge at the local level: in other words, it is interesting to recognize the pieces of knowledge that can admit exceptional instances in the local contexts that do not need to satisfy the general axiom. To address this need, we present in this paper an extension of CKR in which defeasible axioms can be included in the global context. The latter are verified in the local contexts only for the instances for which no exception to overriding exists, where exceptions require a justification in terms of facts that are provable from the knowledge base. We formally define this semantics and study some semantic and computational properties, where we characterize the complexity of the major reasoning tasks, among them satisfiability testing, instance checking, and conjunctive query answering. Furthermore, we present a translation of extended CKRs with knowledge bases in the Description Logic SROIQ-RL under the novel semantics to datalog programs under the stable model (answer set) semantics. We also present an implementation prototype and examine its scalability with respect to the size of the input CKR and the amount (level) of defeasibility in experiments. Finally, we compare our representation approach with some major formalisms for expressing defeasible knowledge in Description Logics and contextual knowledge representation. Our work adds to the body of results on using deductive database technology such as SQL and datalog in these areas, and provides an expressive formalism (in terms of intrinsic complexity) for exception handling by overriding.

Le fonti, i metodi e le narrazioni della storia della videoarte in Italia negli anni Settanta

This essay derives from the primary need to make order between direct and indirect sources available for the reconstruction of the history of video art in Italy in the seventies. In fact, during the researches for the Ph.D. thesis it became clear that in most cases it is difficult to define, in terms of facts, which of the different historiographies should be taken into consideration to deepen the study of video art in Italy. Beyond legitimate differences of perspectives and methods, historiographical narratives all share similar issues and narrative structure. The first intention of the essay is, therefore, to compare the different historiographic narratives on Italian video art of the seventies, verifying their genealogy, the sources used and the accuracy of the narrated facts. For the selection of the corpus, it was decided to analyze in particular monographic volumes dealing with the history of the origins of video art in Italy. The aim was, in fact, to get a wide range of types of "narrations", as in the case of contemporary art and architecture magazines, which are examined in the second part of the essay. After the selection, for an analytical and comparative study of the various historiography, the essay focuses only on the Terza Biennale Internazionale della Giovane Pittura. Gennaio ’70. Comportamenti, oggetti e mediazioni (Third International Biennial of Young Painting. January '70. Behaviors, Objects and Mediations, 1970, Bologna), the exhibition which - after Lucio Fontana's pioneering experiments - is said to be the first sign of the arrival of videotape in Italy (called at the time videorecording), curated by Renato Barilli, Tommaso Trini, Andrea Emiliani and Maurizio Calvesi. The narration given so far of this exhibition appeared more mythological than historical and could be compared structurally to that of the many numerous beginnings that historiographyies on international video art identify as ‘first’ and ‘generative’. In the first part of the essay the 'facts' related to Gennaio ’70, as narrated by historiography on video art, are compared. In the second part the survey is carried out through some of the direct sources identified during the research, with the aim of answering to questions raised by the comparison between historiographies. Concluding, it is important to underline that the tapes containing the videos transmitted have not been found and seem to have disappeared since the ending of the exhibition. Nevertheless, the deepening of the works and documentation transmitted during the exhibition is possible thanks to other types of sources which give us many valuable information regarding video techniques and practices at the beginning of 1970 in Italy.

Georg Simmel and the “Relational Turn”. Contributions to the foundation of the Lebenssoziologie since Simmel

The first aim of the paper is an interpretation of Georg Simmel’s sociology in “relational terms” – i.e., under the categories of the “relational sociology”; it focuses, thus, to show how Simmel’s social theory and philosophy of culture fit for the construction of aLebensoziologie. Considering Simmel as a “relational sociologist” means to demonstrate how his contribution is decisive to the history of sociology, since he defines the “Wechselwirkung” (reciprocity, relational exchange) and itsformsas the very matter of the social sciences. Simmel represents the “relational turn” in the wide sociologicalmilieu. Since Simmel’s contribution, sociology attempted to consider and investigate social facts in terms of “relation” and reciprocity. The current sociological debate insists on considering Simmel as a “relational” sociologist in various declinations (coherent to Bourdieu’s social theory or to the social network analysis framework). In his late essays and books Simmel gives a “vitalist” accent to the analysis of social facts: the social is above all “social life”, according to the consolidated forms/contents dialectical model.Grundfragen der Soziologie. Individuum und Gesellschaftrepresents his last attempt to corroborate a sort of “sociology of life” (Lebenssoziologie). Even if this term does not explicitly appear in Simmel’s words, it summarizes his social and cultural theory - since the volumeSoziologie- and offers some key-concepts for the successive sociological debate.

The Reasoning View and Defeasible Practical Reasoning

According to the Reasoning View about normative reasons, facts about normative reasons for action can be understood in terms of facts about the norms of practical reasoning. I argue that this view is subject to an overlooked class of counterexamples, familiar from debates about Subjectivist theories of normative reasons. Strikingly, the standard strategy Subjectivists have used to respond to this problem cannot be adapted to the Reasoning View. I think there is a solution to this problem, however. I argue that the norms of practical reasoning, like the norms of theoretical reasoning, are characteristically defeasible, in a sense I make precise. Recognizing this property of those norms makes space for a solution to the problem. The resulting view is in a way analogous to the familiar defeasibility theory of knowledge, but it avoids a standard objection to that theory.

Making Sense of Negative Properties

Few philosophers believe in the existence of so-called negative properties. Indeed, many find it mind-boggling just to imagine such entities. By contrast, I believe not only that negative properties are quite conceivable, but also that there are good reasons for thinking that some such properties actually exist. In this paper, I would like to explicate a concept of negative properties which I think avoids the logical absurdities commonly believed to frustrate theories of negative existences. To do this, I shall deploy a conceptual approach to ontology: I first evaluate the ontological commitments of ordinary negative statements, before I argue that, from the perspective of conceptual analysis, negative properties are no more suspicious than positive properties. In the second part of this paper, I probe the extent to which one can explain the distinction between positive and negative properties in terms of facts about logico-semantical entailment.

Contemporary Standard Language Change

Abstract This paper discusses in which ways language (de)standardization is an integral aspect of the socio-historical changes which move the Danish speech community (as an exemplary case of European communities with a long history of political independence) from Modernity to Late Modernity. The discussion is based on results from empirical studies of the strength of the Standard Language in terms of facts concerning both usage (SL) and ideology (SLI). The leitmotif of the discussion consists in assessing whether the linguistic facts and the ideological facts indicate that the ‘SL/SLI complex’ is being weakened or strengthened. This is assessed in the societal domains of education and broadcast news presentation, and in terms of general adherence in the population. A basic assumption of the approach is that the idea of ‘best language’ is a main factor in language standardization. In that respect the findings indicate that only subconsciously offered evaluations are relevant to elucidating the current status of the ‘best language’ idea. The implication is that there is one strictly shared norm which operates with two ‘best languages’ depending on evaluative perspective: the ‘superior’ conservative accent is best for the school context, the ‘dynamic’ modern accent is best for the media context. Considering the consistency of this subconsciously exhibited norm, together with the observed changes in use, we can only conclude that the ‘best language’ idea and the Danish SL/SLI complex appear stronger than ever before. The general lesson to consider concerns the role of the media, and of data elicitation under different conditions of (sub)conscious awareness, as well as the need for investigations of both aspects of the SLI/SL complex.

Belize It or Not: Implied Contract Terms in Marks and Spencer v BNP Paribas

In Marks and Spencer v BNP Paribas, the Supreme Court restated the law on the implication of terms in fact, rejecting the previously authoritative approach taken by Lord Hoffmann in Attorney General of Belize v Belize Telecom Ltd. This article examines two major departures from Belize in Lord Neuberger's leading judgment: the treatment of implication as a process separate from interpretation, and a return to the ‘traditional tests’ for the implication of terms. It argues that these are retrogressive steps in our understanding of contract terms, which risk fostering an incoherent and unprincipled approach to the law.

The Limits of Interpretation in the Law of Contract

In the law of contract questions of risk allocation properly turn, where possible, on interpretation of the agreement. This article will explore the limits of that approach. It will do so by considering two doctrines that lie at the boundaries of contract interpretation: the implication of terms in fact and the remoteness principle. Both doctrines have been commonly understood as gap-filling rules, but in two influential judgments Lord Hoffmann sought to recast them as interpretative principles. It will be argued in this article that the implication of terms in fact can properly be regarded as an interpretative exercise, but the same cannot be said of the application of the remoteness doctrine. The implication of terms in fact can helpfully be understood as interpretative, provided care is taken to explain the paths of reasoning leading to the conclusion that a contractual instrument must be understood to include a particular unexpressed term. Because no common paths of interpretative reasoning can be identified for the determination of remoteness questions, it is unsettling and counterproductive to attempt to take an interpretative approach to these questions.

SILENCE IS GOLDEN: IMPLIED TERMS IN THE SUPREME COURT

LIKE the interpretation of the express words in a contract, the implication of terms in fact is traditionally explained as a way of the court giving effect to what the parties intended, judged objectively. So the two processes have something in common at a high level of generality. Much more controversial is the suggestion, made by Lord Hoffmann giving the opinion of the Privy Council in Attorney General of Belize v Belize Telecom Ltd. [2009] 1 W.L.R. 1988, that the process of implying terms is merely an aspect of interpretation: “There is only one question: is that what the instrument, read as a whole against the relevant background, would reasonably be understood to mean?” This analysis, which generated intense academic debate, had not been considered by the Supreme Court until the recent decision in Marks and Spencer plc v BNP Paribas Securities Services Trust Company (Jersey) Ltd. [2015] UKSC 72.

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