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Journal articles on the topic 'Factual contradiction'
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1
Sauvayre, Romy. "The rationality of belief change and the unexpected effects of a conflict of values." Rationality and Society 29, no. 3 (July 9, 2017): 298–321. http://dx.doi.org/10.1177/1043463117717231.
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This article is based on a question that is already present in the work of Festinger et al.: Why is the unequivocal disproof of a given belief an insufficient reason for abandoning that belief? We will first outline the cognitive dissonance theory and then discuss how, in a seemingly counterintuitive way, beliefs that are contradicted by facts—that is, factual contradictions—lead only to minimal belief changes, whereas beliefs that are in contradiction with some fundamental value held by an individual—that is, axiological contradictions—represent a challenge to the individual’s entire belief system and may lead to disaffiliation. The objective of this article is to propose an alternative explanatory hypothesis to that of Festinger—which is now disputed—and thus provide new answers to help understand the process by which beliefs are abandoned. This article has epistemological ambitions insofar as it aims to demonstrate that by means of a paradigm based on reasons and abduction—the Boudon-Peirce Paradigm—it is possible to propose an alternative, explanatory hypothesis to that of Festinger’s and to provide new answers to facilitate understanding the process of abandonment of beliefs. This comprehensive paradigm has allowed the discovery that conflicts of values—axiological contradictions—can cause disaffiliation.
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Hussain, Ejaz. "Failure to Understand Military Intervention in Pakistan." Armed Forces & Society 44, no. 2 (July 31, 2017): 368–78. http://dx.doi.org/10.1177/0095327x17720941.
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In 2014, Armed Forces & Society published Ali’s work, “Contradiction of Concordance Theory: Failure to Understand Military intervention in Pakistan.” Shortly thereafter in 2015, Schiff, the author of concordance theory, defended her theory with “Concordance Theory in Pakistan: Response to Zulfiqar Ali.” To this, Ali reiterated his position with, “Pakistan, Military Coup and Concordance: Four Objections to Schiff.” In response to Ali’s ideas, this article argues that Ali’s accounts not only lack theoretical and methodological rigor but also suffer from empirical fallacies and factual errors. Thus, he has failed to understand military intervention in Pakistan.
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Prokazin, Viktor V. "Russian “Christian Sociology” on the Positivist Theory of Progress." Общество: социология, психология, педагогика, no. 8 (August 30, 2023): 51–55. http://dx.doi.org/10.24158/spp.2023.8.6.
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The article examines the views of the representatives of the so-called Russian “Christian sociology” – V.S. Solovyov, S.N. Bulgakov, N.A. Berdyaev, and S.L. Frank – regarding the positivist theory of progress. The rele-vance of such consideration is conditioned, firstly, by the ideological processes taking place in modern Russian society related to the formulation of national ideology, and secondly, by the need to deepen and systematize the ideas about the formation of national sociological knowledge. “Christian Sociology” from the standpoint of social theology proves the methodological, factual, logical and ethical failure of positivist concepts of progres-sive social development and its elements. The inability of positivist sociology and the theory of progress to be a general theory of society and to foresee the future is emphasized. The factual, logical and ethical inconsistency of the proposed ideals and criteria of progress, as well as the contradiction in the substantiation of the subject and boundaries of progress are noted.
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Rinofner-Kreidl, Sonja. "On a Supposed Contradiction in Max Weber’s Logic of Science." Graduate Faculty Philosophy Journal 44, no. 1 (2023): 125–68. http://dx.doi.org/10.5840/gfpj2023441/26.
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This paper grapples with two objections against Max Weber’s methodology that arise because Weber borrows some ideas from Heinrich Rickert’s neo-Kantian philosophical system. The first objection (“the contradiction argument”) is raised by Julius J. Schaaf who disagrees with Weber’s claim that historical objects are constituted through retrospectively and hypothetically applied selections of value relations and that we can understand these objects. Weber’s idea that the relating ideal type constructions are also non-arbitrary—i.e., not merely subjective—and can be rectified, Schaaf maintains, contradicts his own characterization of historical objects and reality. The second objection (“the incom¬patibility argument”) was made by Gerhard Wagner and Heinz Zipprian. It focuses on the conception of objective possibility. According to this, counter¬factual chains of historical events are contrived to figure out the relevant set of causes by which a certain event can be said to necessarily occur. The critics claim that it is only based on the ontological assumption of a preexisting real object that this thought-experiment can operate. That is, the pre-emptive assumption of realism is indis¬pensable for explaining the historical individual. To refute these two objections, I clarify some foundational notions and ideas of Weber’s methodology.
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Dolobáč, Marcel, and Ivan Kundrát. "Legal and Factual Barriers to the Termination of Employment of a Disabled Employee in the Slovak Republic." Studia z zakresu Prawa Pracy i Polityki Społecznej 29, no. 2 (July 21, 2022): 189–200. http://dx.doi.org/10.4467/25444654spp.22.016.15690.
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In the first part of the article, the authors analyse the legislation of the Slovak Republic relating to the termination of employment of an employee with disabilities. In that regard, in the main part of the article, they point to the fundamental contradiction of the case-law and practice of public authorities in the question of defining a disabled employee as well as in the question of the authority of a public authority which creates fundamental practical barriers for the employer in the intended termination of employment with such an employee. The conclusion goes from practical problems to theoretical considerations of the justifiability of the legislation in question which aims to protect groups of disabled workers at particular risk.
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ABUSHENKO, D. B. "CIVIL-LAW SET-OFF AND SET-OFF MADE WHEN THE COURT SATISFIES COUNTERCLAIMS AND INITIAL CLAIMS: THEORETICAL REFLECTIONS ON THE SIMILARITIES AND DIFFERENCES OF LEGAL INSTITUTIONS (continuation)." Herald of Civil Procedure 12, no. 1 (April 15, 2022): 86–106. http://dx.doi.org/10.24031/2226-0781-2022-12-1-86-106.
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In the article, the author continues to distinguish between the civil-legal offset and the offset made when the court satisfies the counterclaim and initial claims. The issues related to the systematisation of exceptions from the general rule on the obligation of judicial recognition for the court are considered. Conflicts of the institution of recognition with other legal phenomena allowing the establishment of the opposite fact are revealed. It is proposed to divide these conflicts into factual and legal ones. An actual information conflict is understood as a contradiction of judicial recognition to well-known facts or sound logic, and a legal contradiction to legal institutions (this includes pre-judicial and other judicial acts, notarial acts, irrefutable presumptions, fictions, as well as «ordinary» evidence adopted in another court case). The paper suggests specific ways to resolve such conflicts by the law enforcement. Exceptions from the general rule on the obligation of judicial recognition, ensuring the protection of the rights of other persons, are also considered separately. Here, as a general rule, the conclusion is justified that judicial control over recognition should be carried out only if another person has the status of a person participating in the case.
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Prylutskyi, S. "INSTITUTE OF EXCLUSION FROM EVIDENCE AT THE STAGE OF PRE-TRIAL INVESTIGATION: CURRENT PROBLEMS AND WAYS TO SOLVE THEM." Bulletin of Taras Shevchenko National University of Kyiv. Legal Studies, no. 116 (2021): 48–53. http://dx.doi.org/10.17721/1728-2195/2021/1.116-10.
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The study focuses on both theoretical and applied aspects of evidentiary law. The subject of this study is the legal institution of admissibility of evidence in criminal proceedings, as well as the legal mechanism for declaring evidence inadmissible. The author relies on the constitutional postulate (Part 3 of Article 62 of the Constitution of Ukraine) according to which the accusation cannot be based on evidence obtained illegally, as well as on assumptions. Based on this constitutional imperative, it is stated that the prosecution has no right to form charges and go to court if the accusation is based on illegal evidence or subjective assumptions, and emphasizes that the subject who forms the prosecution must operate on legal evidence. Thus, a legal contradiction is revealed between the provisions of the Constitution of Ukraine and Part 2 of Article 23 of the CPC of Ukraine regarding the legal nature of evidence in the pre-trial investigation. Given that according to the domestic legal structure, factual data must be recognized as evidence at the stage of pre-trial investigation, there is a legal need to guarantee the right of a person to a fair trial, the introduction of a clear mechanism for verifying factual data for admissibility at the stage of pre-trial investigation. The author argues that such a mechanism should provide effective tools for self-control and neutralization of illegal sources of factual data by both the prosecuting authorities and the court, during the implementation of judicial control over pre-trial investigation in making key decisions to restrict guaranteed rights and freedoms. Keywords: evidence, accusation, suspicion, admissibility of evidence, exclusion from evidence.
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DOROKHOV, Evgenii V. "Analysis of the evolution and contradictions of hedge funds, their impact on stock markets." Economic Analysis: Theory and Practice 21, no. 5 (May 30, 2022): 927–46. http://dx.doi.org/10.24891/ea.21.5.927.
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Subject. The article considers topical issues related to the formation and development trends of hedge funds and their impact on the stock market, based on extensive historical factual material. Objectives. The aim is to investigate the formation and evolution of hedge funds and their effect on financial and stock markets. Methods. The study rests on comparative analysis, the method of analogies, and statistical processing of actual and historical data on hedge funds and stock markets. Results. The analysis of data on the dynamics of capitalization of the world stock market and the world Gross Domestic Product confirmed the outstripping growth of financial and stock markets in relation to the real economy. The paper shows that assets managed by hedge funds have increased more than thirty times since 1998. The data on losses of hedge funds during the 2008 global crisis demonstrated that hedge funds failed to fully fulfill their task for which they were created, i.e. risk hedging. Conclusions. The main problems and contradictions of the activities of hedge funds are that they, having significant financial resources and advanced investment technologies for profit-making, can both stabilize and destabilize international financial and stock markets. The internal contradiction of hedge funds is that hedging risks requires the use of conservative investment strategies, and profit maximization necessitates investing in risk-taking stock assets.
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Pudovochkin, Yu E., and M. M. Babayev. "Contradictions of judicial criminal policy." Law Enforcement Review 6, no. 1 (March 24, 2022): 174–90. http://dx.doi.org/10.52468/2542-1514.2022.6(1).174-190.
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The subject of the study is the criminal policy in the context of contradictions in the functioning of the courts.The purpose of the study is to investigate, which contradictions of criminal policy are generated by a multi-level system of courts, and which mechanisms for overcoming them in order to optimize criminal policy could be found out.The methodology. In modern conditions of diversification of methodological approaches to organizing and conducting political-legal research, it is important not to discard, but to rethink and rediscover the epistemological possibilities of the methods of classical science, especially the method of dialectical analysis.The main results and scope of the study. The use of the category "dialectical contradiction" for the purpose of studying the problems of the functioning of the courts in terms of the interpretation and application of criminal law provisions opens up new possibilities in the study of criminal and judicial policy, as well as determining the prospects for its development. In the study, the law enforcement contradictions of criminal policy refer to the relations between courts of various types and levels that develop in the course of their functioning and reflect the opposite approaches of law enforcement bodies to the interpretation and application of criminal legislation. Considering the level and type of legal proceedings, these contradictions can be summarized in the following groups: (a) between national and international courts; (b) between superior courts of the national legal system; (c) between the courts of various instances of the system of courts of general jurisdiction.The contradictions between national and international courts, emerging in the field of protection of human rights and freedoms, are an objective source of development of judicial practice and policy. The resolution of these contradictions is based on the consensus of various courts and compromise. If the position of the European Court of Human Rights does not contradict the provisions of the Constitution of the Russian Federation, the state adjusts its legal practice in the direction set by the authoritative international instance by means of: (a) direct application of national legislation with due regard for the ECHR’s legal positions; (b) the application of national legislation in its constitutional interpretation by the Constitutional Court of the Russian Federation, which does not differ from the decisions and positions of the ECHR; (c) amending national legal acts in pursuance of ECHR judgments. In exceptional cases, when the position of the European Court touches upon issues of the country's constitutional identity, the contradiction between the international and national legal order is resolved by the Constitutional Court of the Russian Federation on the basis of the priority of constitutional norms.At the level of the superior national courts the contradictions are represented by the differing positions of the Constitutional Court of the Russian Federation and the Supreme Court of the Russian Federation on the assessment and interpretation of criminal law provisions. Such contradictions can be thought of as latent until they are not revealed in constitutional proceedings. The identification and resolution of these contradictions is the most important direction of legal policy in the country; it reflects the consistent solution of the aim of constitutionalization of the criminal law.At the level of the system of courts of general jurisdiction, the concept of "contradiction" can only be applied to those differing approaches of the courts to solving criminal cases that do not go beyond the rule of law. Contradictions arise only when, having correctly established the factual circumstances of the case, the courts disagree in the choice of the legal provision to be applied, although any such choice can be explained and motivated. These contradictions may or may not be related to the quality of criminal legislation. Therefore, the mechanism for their resolution includes not only law revision. It is important to use the capabilities of the judicial system itself to develop a consensual understanding of the textual content of the criminal law and the rules for its application.Conclusions. Overcoming the contradictions of the judicial criminal policy is possible only in the process of communication and dialogue between the courts of different levels on the basis of differentiation of jurisdiction, respect for authority and independence.
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Soufan, Anas. "Notes on Authenticity and Development of Cultural Heritage in Syria." International Journal of Cultural Property 27, no. 2 (May 2020): 189–213. http://dx.doi.org/10.1017/s0940739120000132.
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AbstractAccording to the Syrian philosopher T. Tizini (1934–2019), the dilemma of authenticity heritage in the Arab world has lost its factual conceptualization. While its societal and ideological issues have been rightly discussed, its technical aspects have been handled only superficially. In this article, I review the deep interconnectivities between the societal and technical aspects of the term “authenticity” and the reconstruction of the damaged architectural heritage in Syria after years of a devastating war. I suggest that any postwar reconstruction raises a central contradiction: rebuilding an element from the past in the present. While the destroyed physical fabrics might be reconstituted, the setting that gave them value and meaning can never be reestablished. For that reason, preserving the “authenticity” in the wide significance of the term seems unrealistic in the context of reconstructed heritage. Nevertheless, what several Syrian scholars and politicians describe as “authenticity by creativity” might be a possible outcome.
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Fitria Ulva. "Isti’arah Tamthiliyah Dalam Tafsir Kitab Ruh Al-Bayan Karya Isma’il Haqqi." Ta’wiluna: Jurnal Ilmu Al-Qur'an, Tafsir dan Pemikiran Islam 3, no. 2 (October 31, 2022): 215–35. http://dx.doi.org/10.58401/takwiluna.v3i2.756.
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This research is a research library research, with a historical-factual approach related to the thoughts of the characters. Researchers used descriptive, holistic, and interpretation methods. So that the researcher examines the book of ruh al-bayn which specifically discusses isti'arah tamthiliyah, books and books that discuss isti'arah and articles that support this discussion.Based on the results of research conducted by the author, the views of commentators on literature, especially about isti'arah tamthiliyah have good attention, even though the book of ruh al-bayn has a deep Sufistic style, this is motivated by mufassir thought who is also an expert in several scientific fields, especially balaghah which makes the book ruh al-bayn have a fairly complete interpretation, and avoids liberal and undirected thinking so that people know the meaning of the Qur'an and not fixated on the original meaning of lafaz which causes a contradiction to the meaning contained in the Qur'an.
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Nosov, Dmitry. "Comprehension of Russian Culture (“Theater Review”)." Sotsiologicheskoe Obozrenie / Russian Sociological Review 22, no. 3 (2023): 335–49. http://dx.doi.org/10.17323/1728-192x-2023-3-335-349.
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The article analyzes the recently-published third part of Olga Zhukova’s trilogy devoted to Russian culture, Russian philosophy, and the philosophy of Russian culture. The article’s author suggests that this book, as well as previous parts of the trilogy, contains extensive, largely unknown material about the studied area. Besides the richness of the factual material, the advantage of the book is that it encourages a reader’s interest in the considered stories; at the same time, it provokes an internal polemic with Zhukova, produces the desire to reflect on the various statements made, and, probably, even enters the discussion with the author. The cornerstone of Zhukova’s concept is the thesis about the fundamental conditionality of Russian culture and Russian philosophy on Eastern Christianity. According to this concept, there is a direct conditionality in some cases, while an indirect conditionality appears through the dialectical contradiction in some others. The article’s author does not find this thesis to be ultimately correct. Another separate object of the article’s discussion is the reviewed book’s polygraphic features.
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Pattipawae, Dezonda Rosiana. "Tinjauan Eksekusi Putusan Sela Dalam Bentuk Schorsing Pada Pengadilan Tata Usaha Negara." SASI 24, no. 1 (July 8, 2018): 84. http://dx.doi.org/10.47268/sasi.v24i1.121.
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The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.
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Pattipawae, Dezonda R., and Heillen M. Y. Tita. "TINJAUAN HUKUM PUTUSAN SELA DALAM BENTUK SCHORSING PADA PENGADILAN TATA USAHA NEGARA." Perspektif Hukum 17, no. 1 (October 8, 2018): 15. http://dx.doi.org/10.30649/phj.v17i1.82.
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<em>The postponement of a State Administrative Decision which becomes the object of the dispute may be granted, since there is still a continuous factual action to be taken, namely the appointment of a definitive Regional Secretary, the inauguration or handover of the position of the dismissed Regional Secretary to the appointed Secretary of the Region whose contents as statements (declarations) of submission of all duties, powers and duties. Decree of the Governor of Maluku Number: 125.a Year 2014 dated May 20, 2014 concerning the Transfer of Civil Servants, on behalf of Kapressy Charles, SH. MSi, NIP: 19560911 198603 1 009 from Southwest Maluku District in Tiakur to the Government of Povinsi Maluku in Ambon, so Kapressy Charles, SH. Msi, felt his interest was damaged by the decision issued by the Governor of Maluku as the State Administration Officer. Therefore the concerned filed a lawsuit to the State Administrative Court of Ambon with Case No. 23/G/2014/PTUN.ABN, concerned requested to carry out the postponement of the transfer from the Government of the Southwest Maluku District to the Government of Maluku Province in due to the contradiction of the principles general good governance or prevailing laws and regulations.</em>
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Dabbous, Dima. "TV Editorials and Elections." Middle East Journal of Culture and Communication 7, no. 3 (2014): 255–83. http://dx.doi.org/10.1163/18739865-00703002.
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According to Article 68 of election law no. 25/2008, the Lebanese media must ensure that standards of fairness, balance and impartiality among candidates are guaranteed. The challenge for national television stations in the months leading up to election day on 7 June 2009 was to comply with the law not just in their ‘factual’ news reports but mostly in the popular editorial opening segment of their newscast which, by definition, is subjective. This leads to the question: how did the TV stations manage this contradiction inherent in the structure and nature of their evening news bulletin when covering parliamentary elections in 2009? To what extent could they actually be impartial in a hybrid genre (TV news editorial) that, by definition, also required them to express confessional/party-specific views on a major, divisive national event? Based on the literature of critical discourse analysis, I argue in this paper that for the most part they did this discursively, by relying heavily on a number of linguistic strategies, specifically implicitness/ambiguity and intertextuality. By doing so, they sought to mask their bias for or against candidates and parliamentary alliances and avoid possible penalties by the recently established electoral monitoring body (the SCEC).
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Crolet, J. L. "Detailed mechanisms of hydrogen charging and hydrogen stress cracking of steel in liquid ammonia storage." Matériaux & Techniques 107, no. 4 (2019): 401. http://dx.doi.org/10.1051/mattech/2019022.
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When the unprecedented environmental cracking of steel in liquid ammonia was collectively studied, its undisputable “anodic character” was taken as the signature of a stress corrosion cracking mechanism, which is effectively the case in aqueous corrosion. Conversely, when the metallurgical precautions proved to be the same as in sour service, this strongly suggested a hydrogen stress cracking mechanism. In aqueous corrosion, however, this can only occur by cathodic hydrogen charging at low potential, and for 50 years, this basic contradiction could never be overcome. Actually, it occurs that the liquid ammonia solvent (NH3) is 50% richer in hydrogen than the water solvent (OH2), so that hydrogen gas can also be produced by a partial oxidisation into ½ N2 + H2. This therefore induces a theoretical possibility of an “anodic” hydrogen charging, or more exactly a protonic cathodic reaction only running at high potential on passive iron in oxygen contaminated ammonia. And once the detrimental potential is achieved through appropriate combinations of oxygen and water traces, the charging process becomes an autonomous oxidation-reduction at the steel surface NH3 → ½ N2 + H2 + (H+ + e−)steel. In Part II (Jean-Louis Crolet, Matériaux & Techniques 107, 402, 2019), this new assumption will be successfully confronted to all the factual data from both field and laboratory experience.
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Kujala, Janne V., and Ehtibar N. Dzhafarov. "Quantum Mechanics Is Compatible with Counterfactual Definiteness." Entropy 25, no. 9 (September 20, 2023): 1356. http://dx.doi.org/10.3390/e25091356.
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Counterfactual definiteness (CFD) means that if some property is measured in some context, then the outcome of the measurement would have been the same had this property been measured in a different context. A context includes all other measurements made together with the one in question, and the spatiotemporal relations among them. The proviso for CFD is non-disturbance: any physical influence of the contexts on the property being measured is excluded by the laws of nature, so that no one measuring this property has a way of ascertaining its context. It is usually claimed that in quantum mechanics CFD does not hold, because if one assigns the same value to a property in all contexts it is measured in, one runs into a logical contradiction, or at least contravenes quantum theory and experimental evidence. We show that this claim is not substantiated if one takes into account that only one of the possible contexts can be a factual context, all other contexts being counterfactual. With this in mind, any system of random variables can be viewed as satisfying CFD. The concept of CFD is closely related to but distinct from that of noncontextuality, and it is the latter property that may or may not hold for a system, in particular being contravened by some quantum systems.
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Misechko, Mykola. "In the matter of some issues on the notice of accusation according to criminal procedural law of Ukraine." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 95–109. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-8.
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The author examines the problematic issues of the essence of the notification of suspicion, its concept, meaning, which scientists interpret as: procedural activity, the meaning of which is the preparation by the investigator or prosecutor of a written notice of the suspicion and its delivery to the person in accordance with Art. art. 276-279 of the Criminal Procedural Code of Ukraine; procedural decision; procedural action; institute of criminal procedural law; pre-trial stage and the form of notification; pre-trial investigation stage; the first stage of formation of the state prosecution; the primary form of indictment against a specific person; commencement of the prosecution function. The ambiguous legislative regulation of the institution of notification of suspicion is considered, in particular, the absence of specific normative consolidation of the basic concepts of the institution of notification of suspicion and contradiction of the articles of the Criminal Procedural Code of Ukraine (Article 177 and Article 276), and chapter 22 of the Criminal Procedural Code of Ukraine, entitled “Notification of suspicion” regarding the connection of the procedural activity from the notification of suspicion with the array of the procedural actions of the investigator and / or prosecutor, the meaning of which is to establish legal and factual grounds for notification of suspicion (Art. 276), the drafting of a written procedural document (notice of suspicion) (art. 277) and its delivery to a person (art. 278). Attention is drawn to certain aspects when giving notice of suspicion and explaining rights to a person, as well as to typical procedural errors when notifying a person of suspicion, namely, acquisition of the procedural status of a suspect from the moment of actual delivery of mail with notification of suspicion; the formal explanation to suspects of the scope of their rights, the possibility of abuse by investigators and prosecutors of the right to apply a special procedure for notifying a person of suspicion. Key words:notice of accusation (suspicion notification), legal and factual grounds for suspicion notification, procedure for suspicion notification, notice of accusation submission, explaining rights to the suspect, notification delivery, typical procedural errors.
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Semenov, Serhii, Cao Weilin, Liqiang Zhang, and Serhii Bulba. "AUTOMATED PENETRATION TESTING METHOD USING DEEP MACHINE LEARNING TECHNOLOGY." Advanced Information Systems 5, no. 3 (October 18, 2021): 119–27. http://dx.doi.org/10.20998/2522-9052.2021.3.16.
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The article developed a method for automated penetration testing using deep machine learning technology. The main purpose of the development is to improve the security of computer systems. To achieve this goal, the analysis of existing penetration testing methods was carried out and their main disadvantages were identified. They are mainly related to the subjectivity of assessments in the case of manual testing. In cases of automated testing, most authors confirm the fact that there is no unified effective solution for the procedures used. This contradiction is resolved using intelligent methods of analysis. It is proposed that the developed method be based on deep reinforcement learning technology. To achieve the main goal, a study was carried out of the Shadov system's ability to collect factual data for designing attack trees, as well as the Mulval platform for generating attack trees. A method for forming a matrix of cyber intrusions using the Mulval tool has been developed. The Deep Q - Lerning Network method has been improved for analyzing the cyber intrusion matrix and finding the optimal attack trajectory. In the study, according to the deep reinforcement learning method, the reward scores assigned to each node, according to the CVSS rating, were used. This made it possible to shrink the attack trees and identify an attack with a greater likelihood of occurring. A comparative study of the automated penetration testing method was carried out. The practical possibility of using the developed method to improve the security of a computer system has been revealed.
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Arkhangelskaya, Irina. "War in the Short Stories by Ambrose Bierce “What I Saw of Shiloh” and “Killed at Resaca”." Nizhny Novgorod Linguistics University Bulletin, no. 50 (June 30, 2020): 111–21. http://dx.doi.org/10.47388/2072-3490/lunn2020-50-2-111-121.
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The article considers the martial theme in Ambrose Bierce’s Civil War novels. With the help of historical, systematic, and comparative methods of research as well as content analysis, the author attempts to determine how the writer depicts the war, what his attitude to the conflict between the North and the South is, and how his war experience relates to his creative work. She focuses on two Civil War stories “What I Saw of Shilohˮ (1881) and “Killed at Resacaˮ (1887), paying special attention to connections between those texts. Bierce wrote about the war events in which he participated. He was not looking for fame and had no intention to glorify the military actions or combatants. Bierce’s Civil War stories are based on literary paradox and the principle of contradiction. Routine situations, in which his characters find themselves, always turn into something extraordinary. “What I Saw of Shilohˮ has a special place among Bierce’s war stories, since here he incorporates literary devices into a factual narrative, employing topographic accuracy in battle description, hyperorality in reporting deaths, and a clearly ironic approach to senseless heroism. Horror, fear, and death feature as key motifs in the writer’s creative work. Bierce wants the reader to remember the war without waxing nostalgic about the glorious past: his officers in white uniforms on white horses die in ugly ways, and those whom they loved quickly forget them (“Killed at Resacaˮ). By employing the illogical and irrational in his stories, Bierce compels the reader to decry the illogicality and irrationality of war.
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Kirichenko, Natalia Rostislavovna. "To the question of studying the American mass media discourse on immigration." Филология: научные исследования, no. 1 (January 2020): 142–52. http://dx.doi.org/10.7256/2454-0749.2020.1.28475.
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This article is dedicated to the analysis of discourse of the modern American mass media communication space dedicated to the subject field of immigration. The work describes the existing attitudes of mass media and population to the problem of immigration and immigrants, characterized by contradiction and polarization, as well as demonstrates various processes of stereotypization of perceptions on the migration discourse. The subject of this research is the current American mass media discourse on the topic of immigration. The main goal lies in determination of attitudes developed by the American mass media and society on the immigrants, which concepts are used for their description, and how it affects the social perception of such complex phenomenon as immigration. The article is structures on the basis of text interpretation of factual material, with application of two methods of discursive analysis: analysis of lexical means for determining explicit representations; and analysis of grammar structures for determining implicit meanings. The research displays that mass media accommodate different points of view, and at the present moment, the public space of American mass media indicates different types of discourse revealing polar understanding of immigration, The President of the country is one of those, who vividly expresses negative attitude to the problem of immigration and immigrants. On the other hand, the neoliberal discourse seems more neutral and even compassionate. Therefore, the trend of describing immigrants in negative connotations is reducing. Despite the attempts of country’s leadership to create a negative image of an immigrant, the analysis of contradictory attitude to them proves that the role of mass media in formation of public opinion is not as significant.
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Niezabitowski, Michał. "MUSEOLOGIST VERSUS COMMUNITY OF MEMORY. ATTEMPT AT DEFINING TERMS FOR THE SAKE OF LEGISLATIVE AMENDMENTS." Muzealnictwo 60 (September 17, 2019): 233–45. http://dx.doi.org/10.5604/01.3001.0013.4642.
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The contemporary role of museum reaches far beyond the traditional understanding of the institution’s role to be played in the preservation of tangible culture monuments. It is currently a creative institution on various levels of man’s activity, a centre for continuous learning, community and creative hub of healthy social relations. Museums continue to cover with their interests newer and newer domains of human activity, among which art and history remain essentially important, though not the only ones. Traditional factual competences that we used to find in museums: a historian of art, a historian, an archaeologist, an ethnologist, continue to be needed, however far insufficient. Today museums have a need of staff who represent a wide range of competences, both to work on the ‘collections’, and on the intangible heritage as well as contacts with the public. Today’s museums expect from the staff the competence in so-called 2nd grade history, namely these who do not only identify and document the past, but also explain what and why we remember from the past. Looking from such a perspective at museums, whose activity seems to be described in the Act on Museums of 21 November 1996 (with later amendments), and in the implementation regulations to the Act, the employee relations require a prompt legislative intervention. The distinction of the staff of museums and around them into ‘museologists’ and ‘non-museologists’ is today unquestionably anachronistic and inefficient, impeding the implementation of the tasks facing these institutions. Furthermore, the source of the name ‘museologist’ is sought, and the analysis of the legislative contradiction in this respect is conducted, while new solutions adjusted to the social needs are provided.
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Kondek, Jędrzej. "Acquisition of ownership by acquisitive prescription by the State Treasury or a local government unit in the light of the principle of legality (Article 7 of the Polish Constitution) contribution to the discussion." Nieruchomości@ II (June 30, 2023): 149–63. http://dx.doi.org/10.5604/01.3001.0053.6912.
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The subject of this article is to analyze the consequences of rule resulting from art. 7 of the Polish Constitution for the admissibility of acquisition of property by acquisitive prescription by the State Treasury or a local government unit. There is a clear contradiction between this principle and the very essence of acquiring property by prescription. In the article it will be presented an interpretation Art. 172 of the Civil Code (relating to the acquisition of real estate by prescription) and Art. 174 of the Civil Code (relating to the acquisition by prescription of ownership of a movable property) in a way to remove the said contradiction.As a result, it should be assumed that the State Treasury can never possess a thing without a legal basis. The opposite view would mean that it may operate without a legal basis, and thus a breach of the norm under Art. 7 of the Polish Constitution. Art. 7 of the Constitution of the Republic of Poland must mean that either we will never recognize such ownership as possession, or that we believe that the possession of an item by the State Treasury may never lead to usucapion, as it would sanction behavior contrary to constitutional norms. Since the first solution would infringe the principle of treating possession as only a factual state, the second solution should be regarded as the correct one. Art. 172 of the Civil Code and 174 of the Civil Code should therefore be interpreted in accordance with Art. 7 of the Polish Constitution, and therefore the State Treasury cannot be the subject of acquisitive prescription. The same should be applied to local government units.
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Kazi, Seema. "Women, Gender Politics, and Resistance in Kashmir." Socio-Legal Review 18, no. 1 (2022): 95–117. http://dx.doi.org/10.55496/aukx4646.
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This article focuses on Kashmiri women and the gender politics underpinning the August 5, 2019 revocation of Article 370 in Kashmir. Reclaiming Kashmiri women’s property rights was among the justifications cited by the state for revoking Kashmir’s autonomy. Paradoxically, however, most analyses centered on its political implications. Kashmiri women’s opinions regarding the revocation, the state’s use of the women’s rights argument to justify the same, or Kashmiri women’s rights and experiences in the wake of the revocation were seldom the subjects of discussion or analysis. Beginning with a brief overview of Kashmiri women’s role in the Kashmiri struggle, I juxtapose the State’s claim as defender of Kashmiri women’s property rights against the legal and factual position of women’s property rights in Kashmir prior to the revocation, demonstrating the contradiction between the two. I subsequently foreground the gendered, misogynist sub-text of nationalist rhetoric unleashed in the wake of the revocation. The convergence between hyper-nationalist, masculinist claims to Kashmir’s territory on the one hand, and to Kashmiri women’s bodies on the other, is highlighted. This particular dimension, I maintain, symbolises the gendered edge of the Indian State’s policy of colonial and ethnic domination in Kashmir. In the final section, I use local Kashmiri reportage on Kashmiri women’s views, subjective experience, and collective resistance to contest (a) constructs of the apolitical, victimised, agency-less Kashmiri Muslim woman, and (b) state claims to Kashmiri, especially Kashmiri women’s endorsement of the revocation. Kashmiri women’s resistance, I conclude, is part of a Kashmiri struggle underpinned by the universal principles of justice and liberty; it symbolises the need for a just and peaceful resolution to Kashmir’s tragedy.
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Kazi, Seema. "Women, Gender Politics, and Resistance in Kashmir." Socio-Legal Review 18, no. 1 (January 2022): 95. http://dx.doi.org/10.55496/hezv9979.
Full textAbstract:
This article focuses on Kashmiri women and the gender politics underpinning the August 5, 2019 revocation of Article 370 in Kashmir. Reclaiming Kashmiri women’s property rights was among the justifications cited by the state for revoking Kashmir’s autonomy. Paradoxically, however, most analyses centered on its political implications. Kashmiri women’s opinions regarding the revocation, the state’s use of the women’s rights argument to justify the same, or Kashmiri women’s rights and experiences in the wake of the revocation were seldom the subjects of discussion or analysis. Beginning with a brief overview of Kashmiri women’s role in the Kashmiri struggle, I juxtapose the State’s claim as defender of Kashmiri women’s property rights against the legal and factual position of women’s property rights in Kashmir prior to the revocation, demonstrating the contradiction between the two. I subsequently foreground the gendered, misogynist sub-text of nationalist rhetoric unleashed in the wake of the revocation. The convergence between hyper-nationalist, masculinist claims to Kashmir’s territory on the one hand, and to Kashmiri women’s bodies on the other, is highlighted. This particular dimension, I maintain, symbolises the gendered edge of the Indian State’s policy of colonial and ethnic domination in Kashmir. In the final section, I use local Kashmiri reportage on Kashmiri women’s views, subjective experience, and collective resistance to contest (a) constructs of the apolitical, victimised, agency-less Kashmiri Muslim woman, and (b) state claims to Kashmiri, especially Kashmiri women’s endorsement of the revocation. Kashmiri women’s resistance, I conclude, is part of a Kashmiri struggle underpinned by the universal principles of justice and liberty; it symbolises the need for a just and peaceful resolution to Kashmir’s tragedy.
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Билеуш, К. К. "Legal Status of the Odnodvortsy: Problems and Contradictions." Historia provinciae - the journal of regional history, no. 1 (March 15, 2023): 159–89. http://dx.doi.org/10.23859/2587-8344-2023-7-1-4.
Full textAbstract:
В результате Петровских реформ в Российской империи появились категории населения, представители которых не входили в то или иное сословие. Для их определения в законодательных актах и делопроизводственных документах были введены в оборот такие термины, как «однодворец», «разночинец». Данная статья посвящена определению правового положения однодворцев как специфической категории населения Российской империи. В ней рассматриваются основные проблемы и противоречия, связанные с путями приобретения статуса однодворцев, эволюцией его правового обеспечения, выявлением состава однодворцев, определением их прав и обязанностей. Посредством фактического материала автором подтверждается основное противоречие статуса однодворцев, связанное с его двойственностью. С одной стороны, они приравнивались к крестьянам в том, что были обязаны платить подушную подать в равном размере с принадлежавшими им крестьянами, нести ландмилицкую (пограничную) службу и вести общинный образ жизни, а с другой – обладали правами дворянского состояния, а именно – правом владения крестьянами и землей. Другим противоречием было то, что права благородного сословия для однодворцев были ограничены: купля-продажа (а также иное распоряжение) крестьян и земли была им запрещена. Автор приходит к выводу, что противоречивость правового статуса однодворцев явилась следствием неоднородности этой категории населения, связанной с существованием множества путей к ее пополнению, а также сложности для власти в определении функций данного сословия, менявшихся с течением времени. Проблемы были связаны с отмиранием необходимости содержания ландмилицких полков (традиционной основной гражданской обязанностью однодворцев): в новых условиях власти требовалось четко определить статус данной категории населения, однако ни понизить его до крестьянского, ни повысить до дворянского она не могла, опасаясь критики и недовольства как дворян, так и самих однодворцев. Однодворцам была предоставлена возможность пополнить купеческое сословие, лишаясь при этом земли, а после 1762 г. – и дворянское сословие, увеличивая прослойку мелкопоместного дворянства. Таким образом, однодворцы были промежуточной податной категорией российского общества, находившейся между дворянством и государственным крестьянством, в более точном положении которой к началу XIX в. власть не определилась. As a result of Peter the Great’s reforms, some categories of the population whose representatives were not included into any social estate appeared in the Russian Empire. To denote them in legislative acts and office documents, the terms odnodvorets (plural odnodvortsy) and raznochinets (plural raznochintsy) were introduced. This article is devoted to the determination of the legal status of the odnodvortsy as a specific category of population of the Russian Empire. It examines the main problems and contradictions related to the ways of acquiring the status of odnodvorets, the evolution of its legal definition, the composition of the odnodvortsy, and the determination of their rights and obligations. By means of factual material, the author confirms the main contradiction of the odnodvortsy status, associated with its duality. On the one hand, odnodvortsy were equated with peasants as they were obliged to pay a poll tax in the same amount as the peasants who belonged to them did, to do landmilitia (frontier) service, and to lead a communal life. On the other hand, they had the rights of the noble estate, namely, the right to own peasants and land. Another contradiction was that the rights of the noble estate were limited for the odnodvortsy: the purchase and sale (as well as other disposal) of peasants and land were prohibited to them. The author comes to the conclusion that the inconsistency of the legal status of the odnodvortsy was a consequence of the heterogeneity of this category of the population, associated with the existence of many ways to replenish it and the difficulty for the authorities in determining the functions of this social estate, which changed over time. The problems were connected with the dying out need to maintain landmilitia regiments (the traditional main civic duty of the odnodvortsy): in the new conditions, the authorities needed to clearly determine the status of this category of population, but they could neither lower it to peasants nor raise it to the nobility, fearing criticism and discontent of both the noblemen and the odnodvortsy themselves. Odnodvortsy were given an opportunity to join the merchant estate, losing land in doing so, and after 1762 they were given an opportunity to join the nobility, thus increasing the stratum of gentry. Thus, the odnodvortsy were an intermediate taxable category of Russian society whose place in social structure was between the nobility and the state peasants. By the beginning of the 19th century, the authorities had not determined the status of the Odnodvortsy more precisely.
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Saiko, Nina O. "DOMINANT INVECTIVE CONSTRUCTIONS OF MANIPULATION IN ENGLISH NEWSPAPER TEXTS." Scientific Journal of National Pedagogical Dragomanov University. Series 9. Current Trends in Language Development, no. 23 (July 17, 2022): 74–86. http://dx.doi.org/10.31392/npu-nc.series9.2022.23.07.
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The importance of the media in relation to the problems caused by risk and uncertainty, which led to potential distortions with a significant impact on public opinion, is outlined. There is a contradiction in the hypothesis that the press in its content is a tool to encourage negative attitudes towards people who may be the probable cause of violence and a propagandist of widespread invective beliefs. The peculiarities of the reflection of the issue of migrants on the pages of English newspapers are analyzed. Examples of negative appeals in the columns of English newspapers are presented. Significant results of the research through the prism of polarized and aggressive materials of the English-language press in the context of different countries are noted. Emphasis is placed on the negative approach to the coverage of immigration and ethnic relations, as well as the reflection of the stereotypical image of a bad doctor. It is indicated that the obtained factual material of the image-stereotype structure consists of a certain set of components of nuclear and peripheral qualifiers. The most common problems in the context of the relationship in the “doctor-patient” system are highlighted. Similarities and differences in stereotypes within the analyzed linguistic cultures are revealed. The content and reasons for using the neutralization strategy to reproduce the invective are characterized. The strategy of stylistic replacement in the conditions of expediency of changing the language expression to a language function of the target culture similar in its functions is singled out. Stylistic amplification (or emphasis) and cases of its appropriate application are considered. It is noted that for the purpose of language aggression neologisms with inherent evaluation and adherent evaluation can be used. It is stipulated that the detection of invective vocabulary is relevant in the linguistic examination of controversial texts in cases of insult.
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Steinitz, Yuval. "Contradictions are Ontological Arguments." Religious Studies 30, no. 4 (December 1994): 505–9. http://dx.doi.org/10.1017/s0034412500023143.
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Although ontological arguments had provoked many objections, most of them boil down to the claim that a purely conceptual analysis must be devoid of factual content. Thus, instead of rebutting each of these objections separately, this paper intends to convince those who deny ontological arguments to admit the existence, from their own perspectives, of at least negative ontological arguments. The paper argues that conceptual contradictions constitute arguments of this type, showing what necessarily does not exist.
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Gorsky, Samir. "The Dissolution of Bar-Hillel-Carnap Paradox by Semantic Information Theory Based on a Paraconsistent Logic." Principia: an international journal of epistemology 22, no. 1 (August 22, 2018): 139–51. http://dx.doi.org/10.5007/1808-1711.2018v22n1p139.
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Several logical puzzles, riddles and problems are defined based on the notion of games in informative contexts. Hintikka argues that epistemology or the theory of knowledge must be considered from the notion of information. So, knowledge cannot just be based on the notions of belief and justification. The present proposal will focus on the logical structure of information, and not only on the quantification of information as suggested by Claude A. Shannon (1916-2001) (Shannon 1948). In many cases, the information bits, although seemingly or factually contradictory, are quite relevant. The paraconsistent systems of logic offer a formalization of reasoning that can support certain contradictions. The well-known “Bar-Hillel–Carnap Paradox” (Bar-Hillel, 1964) causes embarrassment when it concludes that the informational content of a contradiction would be maximum, opposing the traditional notion that the semantic information must be true, and that contradictions are necessarily false.
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Perotskaya, L. V. "Фазові етапи та структура кіл епізоотичної циркуляції збудника бешихи в умовах степової зони північного Причорномор'я." Scientific Messenger of LNU of Veterinary Medicine and Biotechnologies 19, no. 73 (January 10, 2017): 140–44. http://dx.doi.org/10.15421/nvlvet7329.
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Erysipelas agent of swine is a typical bacterial agent of sapronosis nature which has successfully formed and steadily supports polyhostal antropurgic epicenters of mixed (naturally – synantropic) and farming type. Taking into consideration significant differences in the genesis, ethiology and structure of all these epicentres, realities of their arrangement, activity and specificity of functioning permanently come into contradiction concerning commonly known principles and regularity which are characteristic to most naturally epicentric zoonoses. The aim of our researches was to determine primary ecologically epizootic reasons that provide phase and stage changes of erysipelas local epicenters of activity (of antropurgic type). The main materials for analytical general conclusions that have been carried out were accumulated during the research of erysipelas epicenters of different ecotypes in 2009–2015. All factual data were subjected to standard statistical analysis with the help of software programme methods of «Statistica» block in the «Exel-2012» system. The generalized analysis results of density dynamics data of field rodents (without their species detailization) and the results of their bacteriological control deny the existence of the direct dependence in the system «rodents’ number – infection activity» showing more complicated (multifactorial) essence of natural regularity of spontaneous epizootic process of this infection. The enzooticity of intrazonal territories of flooded areas and river overflow lands where natural circles of erysipelas circulation is supported by the unified complex of natural ground conditions and narrow hostile reservoir – community of warm blooded hosts with ecologically, statially and etologically similar characteristics has been established. It has been found out that the main hosts field strains E.insidiosa can be considered to be a grey field mouse (without taxonomic detailization) and exantropic domestic mice. The largest amount of agent occurrences took place in autumn at a time when the number of the population is the highest (with the high level of the young). In spring the amounts of rodents’ population increase and the isolation amounts of the cultures E.insidiosa from them are noticeably less which is perhaps stipulated by the death of the ultimate mass of carriers in the winter period.
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Naheem, Mohammed Ahmad. "Saudi Arabia’s efforts on combating money laundering and terrorist financing." Journal of Money Laundering Control 22, no. 2 (May 7, 2019): 233–46. http://dx.doi.org/10.1108/jmlc-10-2018-0065.
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Purpose This paper aims to study Saudi Arabia’s approach to combat money laundering and terrorist financing through legislation, regulation and implementation. Saudi Arabia is an integral part of the global economy and energy market. Saudi Arabia is also an important nexus for incoming foreign investment in the region. The country has, for many years, confronted negative exposure on challenging money laundering and terrorist financing. This paper analyses Saudi Arabia’s efforts to maintain international standards of AML/CTF and distinguishes regulatory practice from the existing comments and conjecture on the country’s performance. Design/methodology/approach The paper uses a qualitative study of Saudi Arabia’s approach to combat money laundering and terrorist financing. The approach is spread across three stages of AML/CTF policy – namely, legislative, regulatory and implementation. Further, the paper also uses independent evaluation to understand Saudi Arabia’s performance in comparison to the international standards of good AML/CTF practice. Findings The paper finds Saudi Arabia in compliance with international standards of AML/CTF practice. The paper also traces strengthening of AML/CTF-related legislation and regulation in Saudi Arabia over the past two decades. The paper also finds significant evidence that suggests a biased representation of Saudi Arabia’s AML/CTF practices. The factual analysis of Saudi Arabia and its AML/CTF practice is in contradiction of the established discourse on the country’s money laundering and terrorist financing risk profile. Practical implications The paper presents a legislative and regulatory analysis of Saudi Arabia’s AML/CTF practice. It is important to understand the implications of injudicious conjecture on Saudi Arabia’s financial strategy to diversify the country’s economy (Mouawad, 2005). Commentators and observers must consider the evidence presented in this paper and reassess the discourse regarding Saudi Arabia’s adherence to international standards of AML/CTF. Originality/value Understanding Saudi Arabia’s approach to combat money laundering and terrorist financing is essential to the factors that maintain stability in the Middle East. Saudi Arabia has participated in the region with government forces to maintain stability. The paper examines the overall risk as per international standards, which can be attributed to Saudi Arabia’s AML/CTF profile.
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Okhrimenko, Valeria. "SENSE STRUCTURE OF MODAL UNITS “IMPROBABILE”, “CON OGNI PROBABILITÀ” (IN THE ITALIAN LANGUAGE)." PROBLEMS OF SEMANTICS, PRAGMATICS AND COGNITIVE LINGUISTICS, no. 40 (2021): 38–51. http://dx.doi.org/10.17721/2663-6530.2021.40.05.
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The article focuses on appropriateness’s of quantifying of information in microtext of functioning of modal units “improbabile” and “con ogni probabilità” in the Italian language. Modal units“improbabile” and “con ogni probabilità” determine quantifying of information in microtext being nucleus and forming modal structures together with joined components. The modal structure is formed by joined components in according to the regularity rules in the pre-nuclear zone (components combined with modal units “improbabile” and “con ogni probabilità”) and the near-peripheral zone (components used in the modal sentence with these modal units or in adjacent sentences). The modal meaning of epistemic probability is structured by the principle of graduation and implicates diverse degree to monocausality orientation. The factor of neutralization of opposition “imagination about reality vs correlation with reality” is epistemic state of subject of modal meaning. The linguistic means of expression of the modal meaning of epistemic probability are modal structures which contain quantors as reflection of measuring approach to reality. The prototype of modal meaning of epistemic probability is represented by modal units “probabilmente” (“probabile”, “probabilità”). The modal units “іmprobabile” and “con ogni probabilità” which sense structure is analyzed in this article present maximal deviation from prototype expressing, respectively, negation and affirmation of probability. The modal unit “improbabile” is a marker of maximal lowering of grade of probability of the modal evaluation by epistemic vector (complete contradiction between imagination about reality and a fragment of objective reality) and possesses its own specific sense structure. In the pre-nuclear zone of “improbabile” are used existential predicate “essere”, negative totality quantors “nessuno”, “mai”, adverbs meaning exceeding of quality measure (“estremamente”). In the near-periphery zone are used: mental predicate of point of view or mental predicate of knowledge in negative form (often preceded by approximator “quasi”), mental predicate of knowledge in impersonal form “non si sa mai”, lexical units meaning exclusivity of object evaluated as improbable, emotional reaction of extreme astonishment, attempts of verification. Epistemic vector of a microtext being verbalized contains contradiction between expectations of a subject of modal evaluation and reality. Emotive vector of a microtext being verbalized contains information about astonishment. Evaluative vector of microtext being verbalized contains information about exclusivity of a fragment of reality evaluated from the modal point of view. The modal unit “con ogni probabilità” is a marker of maximal increasing of grade of probability of the modal evaluation by epistemic vector (complete correlation between imagination about reality and a fragment of objective reality) and possesses its own specific sense structure. This fixed modal structure contains totality quantor in its structure that influences on verbalization of microtext vectors and their sense filling. In the near-periphery zone are used: existential predicate “essere”, verbs containing semes of exactitude and correlation (“corrispondere”), modal units of trustworthiness containing semes of exactitude and correlation (“proprio”, “esattamente”). Microtext usually verbalizes factual information so existential predicates are used more than mental ones. A principle of logical sequence that characterizes enunciations containing operation with facts influence type of cohesion of mictotext. Instead of causal connectors are used lexical units that significate local and time parameters of situation, a subject of modal evaluation and his probable actions that means removal of accents from gnoseology to ontology because the events are related from the point of view of neutral observer. Microtext can be divided in specification zone which contains operations with facts and generalization zone which contains an explicit deduction.
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Barikova, Anna. "Prejudice in Administrative Proceedings." Slovo of the National School of Judges of Ukraine, no. 3(32) (December 18, 2020): 75–83. http://dx.doi.org/10.37566/2707-6849-2020-3(32)-6.
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The paper addresses the issues of judicial discretion in the application of appropriate preliminary categories for the fair and impartial consideration and settlement of disputes. The author focuses on the peculiarities of applying the prejudice to express contradictions and truth-falsehood, establishment of erroneousness and truth of assessment. The administrative court is to assess a prejudicial relationship between judicial decisions concerning an established legal fact or composition, the consequences or claims arising from the same legal relationship in the original proceedings. Such prejudice applies to the following cases: 1) emergence, change or termination of the main legal relationship in the primary process, affecting the use of prejudicial categories in derivative legal relations in the subsequent process; 2) emergence of a legal relationship not generated by the primary relationship, which contains interdependent substantive legal regulations; 3) recognition of a claim for a conviction due to confirmed preliminary categories by a primary court decision, etc. Direction of assessing the circumstances of the case are dealt with in the paper to establish the facts by comparing the judge’s rules of law and conduct of the parties on the basis of operational rules of law, taking into account «legal issues» (in material/primary and procedural/secondary components). Under the influence of the nature of reasoning, such effective evaluation criteria are formulated as observance of the principles of confidence in law, justice, honesty and morality; standards of reasonableness, impartiality, good faith; political goals of ensuring the common good, security of the state, public interests. Within the procedural discretion when using the preliminary categories, the judge is to fully and impartially investigate the «question of fact» regarding the modelling of scenarios and empirical knowledge of the truth on the levels of probability, conviction, absolute certainty. This subject of evaluation is dependent on previous decisions in the direction of «definitive» interpretation in order to make an unambiguous decision. The author adduces examples of legal positions of the Supreme Court and courts of previous instances on applying preliminary categories in administrative proceedings. It has been identified that the possibility of preliminary categories non-application in case of motivated judge’s disagreement in the way of the «recall» within the subject of consideration of the factual circumstances of the case is to be provided. Deviation from prejudice might be justified if there is a need for a «live» transition of judicial practice to interpretation, filling gaps and open «legitimate» completion of the law. Relevant changes are to be implemented in a natural, gradual and coordinated manner. Procedure for overcoming the legal force of the preliminary ruling of a court decision has been proposed. The universality of a court decision is conditional. The standard legitimate way to reject prejudice is to review court decisions. Such decisions might be reviewed for compliance with the law and validity in their adoption. Confirmation of a judicial error «cancels» the preliminary nature of such a decision. Moreover, if the draft decision contradicts the preliminary categories given in another court decision that has entered into force, it is necessary to review unacceptable legal facts and compositions. For example, these could be procedural abuses, artificial distortion (creation or forgery) of evidence, etc. Key words: discretion, judicial discretionary power, prejudice, falsity, truth, contradiction.
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N.A., Oliinyk. "ACTUAL PROBLEMS OF HUMANITARIAN TRAINING OF STUDENTS IN AGRICULTURAL EDUCATIONAL INSTITUTIONS." Collection of Research Papers Pedagogical sciences, no. 91 (January 11, 2021): 81–86. http://dx.doi.org/10.32999/ksu2413-1865/2020-91-11.
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The topical issues of teaching humanitarian disciplines at the agrarian university are analyzed in the article. Their place in the system of students ‘professional training is defined. The author draws attention to the rethinking of the experience of future agrarian’s professional training and considers it from the point of humanization of the learning process, which implies a qualitative change of priorities. It was found that the purpose of higher agricultural education is to train general cultural, creative, creative individuals. Analysis of the state of professional training of future specialists in agricultural educational institutions revealed shortcomings in the humanization of the process of training future specialists, namely: first, the discrepancy between the need for socio-humanitarian training and the amount of time allocated in educational plans for disciplines. humanitarian cycle; secondly, the overload of educational programs and textbooks with factual material, and then the emphasis on the transfer of knowledge, skills, abilities instead of comprehensive and comprehensive development of personality; third, insufficient implementation of a personality-oriented approach to learning; fourth, the traditional nature of the organization of the educational process, due to the traditional training of teachers, lack of innovative approaches to teaching, lack of awareness of the latest learning technologies. The current strict regulation of curricula leads to their congestion, and the contradiction between the large amount of material and the limited number of hours for its study in some way forces the teacher of the humanities cycle to limit the reproductive nature of teaching. It is noted that humanitarian training in agricultural educational institutions is aimed at the development and improvement of personal qualities. In order to optimize the humanities, their content should be updated to take into account the achievements of modern science; to introduce new disciplines aimed at improving personal qualities; use innovative technologies, innovative methods and forms of education; introduction of communicative disciplines – public speaking, discussion in small groups aimed at the development of critical thinking in students and the development of creative abilities. The real obstacles and shortcomings in the implementation of humanitarian training are highlighted, the peculiarities of the construction of the educational process, its content, activity and methodological components, the need fora comprehensive solution to the problem are emphasized.Key words: agricultural education, vocational training, social and humanitarian training, higher education, future agrarian.
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Dneprovskaya, N. V. "Digital crisis in enterprise innovation." Statistics and Economics 16, no. 4 (September 5, 2019): 45–53. http://dx.doi.org/10.21686/2500-3925-2019-4-45-53.
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The purpose of the research is to reveal the phenomenon of “digital crisis” in the context of the development of the digital economy, to identify its impact and consequences for the innovative activity of the enterprise. Commitment to the development of the digital economy suggests that the gathering and processing of the increasing volume of digital data will increase the effectiveness of various types of economic activities. However, throughout the scientific and technological progress, the amount of accumulated information has increased at a pace ahead of the intellectual and computational capabilities of the society to process them. Statistical studies show the accumulated contradiction between the growing level of digitalization of Russian society and the stagnation of innovative activity of Russian enterprises.Materials and methods of research include the study of the ITindustry as a provider of resources for the development of innovations in the digital society. The analytical reports of consulting ITcompanies (IDC, McKinsey), the results of studies of the accumulated experience of its implementation in the activities of enterprises, the official statistics made up the factual basis of the research. The methodological basis of the study includes approaches to assessing the effectiveness of access to digital data, assessing the effectiveness of their use for solving economic problems.The results of research show the presence of the digital crisis, which is expressed in the inability of the IT-infrastructure to provide enterprises with effective access to digital data in the course of their innovation. At the same time, the volume of digital data is growing exponentially with the spread of the Internet of things and the increasing frequency of citizens’ interactions with digital services and platforms. The digital crisis makes it impossible for enterprises to extract knowledge from the data stream to develop innovation.Conclusion. While Russian enterprises are experiencing the impact of the digital crisis, which makes it difficult to develop innovations using a combination of IT and digital data, the Russian and global market is filled with foreign digital goods and services. The achievements of digitalization of Russian society become the basis for the development and dissemination of foreign innovations. Overcoming the digital crisis depends on factors either the external and internal environment of enterprises. The competence of the enterprise itself is the improvement of its organizational structure, business model and human resources. The external environment should create favorable conditions for enterprises’ access to innovation resources.
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N.A., Oliinyk. "ACTUAL PROBLEMS OF HUMANITARIAN TRAINING OF STUDENTS IN AGRICULTURAL EDUCATIONAL INSTITUTIONS." Collection of Research Papers Pedagogical sciences, no. 91 (January 11, 2021): 81–86. http://dx.doi.org/10.32999/ksu2413-1865/2020-91-11.
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The topical issues of teaching humanitarian disciplines at the agrarian university are analyzed in the article. Their place in the system of students ‘professional training is defined. The author draws attention to the rethinking of the experience of future agrarian’s professional training and considers it from the point of humanization of the learning process, which implies a qualitative change of priorities. It was found that the purpose of higher agricultural education is to train general cultural, creative, creative individuals. Analysis of the state of professional training of future specialists in agricultural educational institutions revealed shortcomings in the humanization of the process of training future specialists, namely: first, the discrepancy between the need for socio-humanitarian training and the amount of time allocated in educational plans for disciplines. humanitarian cycle; secondly, the overload of educational programs and textbooks with factual material, and then the emphasis on the transfer of knowledge, skills, abilities instead of comprehensive and comprehensive development of personality; third, insufficient implementation of a personality-oriented approach to learning; fourth, the traditional nature of the organization of the educational process, due to the traditional training of teachers, lack of innovative approaches to teaching, lack of awareness of the latest learning technologies. The current strict regulation of curricula leads to their congestion, and the contradiction between the large amount of material and the limited number of hours for its study in some way forces the teacher of the humanities cycle to limit the reproductive nature of teaching. It is noted that humanitarian training in agricultural educational institutions is aimed at the development and improvement of personal qualities. In order to optimize the humanities, their content should be updated to take into account the achievements of modern science; to introduce new disciplines aimed at improving personal qualities; use innovative technologies, innovative methods and forms of education; introduction of communicative disciplines – public speaking, discussion in small groups aimed at the development of critical thinking in students and the development of creative abilities. The real obstacles and shortcomings in the implementation of humanitarian training are highlighted, the peculiarities of the construction of the educational process, its content, activity and methodological components, the need fora comprehensive solution to the problem are emphasized.Key words: agricultural education, vocational training, social and humanitarian training, higher education, future agrarian.
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Konsa, Kurmo. "Time and Space of Heritage Preservation: Conservation Theoretical Perspective." Baltic Journal of Art History 13 (October 9, 2017): 193. http://dx.doi.org/10.12697/bjah.2017.13.09.
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In this article, I discuss the categories of time and space in lightof heritage conservation. I demonstrate that heritage creation isthe simultaneous creation of human time and space and that thecritical treatment of heritage requires a more specific analysis ofthese terms. First, I look at how the creation of human space occursthrough objects, and how the objects of the physical environmentbecome things, i.e. parts of our living world. The world can only beunderstood through change. This is a fundamental finding that formsthe basis for both elementary senses and complicated philosophies.In order to explain the change in heritage-related space, I am usingthe terms artificialisation and heritage technology. Artificialisationmeans the anthropogenic transformation of the environment,which takes place mainly with the help of technological systems.Therefore, the environment encompasses physical, biological andgenetic environments, as well as the human culture with its past.In this environment, it is impossible to distinguish between thehuman and non-human, since they make up a single hybrid whole.Artificialisation is by no means a determined course in history; it isa human means of description, a metaphor that helps to explain theprocesses ongoing in nature and human society. According to thisapproach, the heritage process is one technique in the artificialisationof the environment.Although change is central to conservation theory, it is also aconcept that causes the greatest doubts and ambiguous interpretations.The reason for this is very simple: change is related to time, whichis a foundational concept. In this article, I use metaphysical timemodels to analyse the life course of things and their damage. Finally,I also refer to the conservation theories of Eugène Viollet-le-Ducand John Ruskin. The essential difference between the conservationtheories that are discussed here lies in their attitudes toward time,and the related problems of object authenticity and identity. In theframework of the presentist model, it is not possible to solve themain contradiction connected to restoration. Stylistic restorationruins the authenticity of buildings as historical documents; howeverwithout restoration, the objects would be destroyed and therebylose their historical value. However, a solution to this dilemma canbe found based on the eternalist time model, which helps connectheritage to contemporary time, and avoid its physical, legal, andmental separation from the everyday life of society. The fact thatincluding objects as a part of heritage may damage them instead ofpreserving them should not be overlooked. The authenticity of anobject is not related to any ideal state in its history but to a conceptual,factual and actual state in its wholeness.
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Reguera Rodríguez, Antonio Teodoro. "La ciudad de León: contradicciones y avances en la economía urbana medieval." Estudios humanísticos. Geografía, historia y arte, no. 13 (February 15, 2021): 27. http://dx.doi.org/10.18002/ehgha.v0i13.6867.
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<p>Whith me definition of a new framework of production, the mediaeval town was to be mediatized in its organisation, structure and historic facture by the contradictions inherent in feudal economy. The continuation of mis was based on the levyng of feudal rent as the specific was ofappropriating surplus products. One method of increasing the said rent was by fomenting the commercial activities and trades which had begun to be organised in the town. At the beginning they were activities that formed part of the feudal economy, but their very projection as productive, mercantile activities implied elements capable ofdisolving the economic system that was encouraging them. This led to a great contradiction, in which the medioeval urban process took root.</p><p>León cannot strictly he said to he a commercial town in which the contradictions resulting fron a feudal economy in an accelerated process of disolution reached an extreme; however, the essential elements that make up the model of a mediaeval town can be identified in the particular phenomenology analysed: a structural conflict with complex interweaving between social groups, a guild structure which was not only growing but also had aspirations towards autonomy, and the institutionalisation of bodies to manage and control the new economic activities, such as the «Fuero» (jurisdiction), the «Ordenanzas» (code of laws) and the various local council regulations.</p>
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Tavokin, E. P. "Features of social policy in modern Russia." Sociology International Journal 4, no. 1 (December 24, 2020): 183–87. http://dx.doi.org/10.15406/sij.2020.04.00244.
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Based on extensive factual material, radical contradictions between the content of official goals of social policy and the realities of life of citizens of modern Russia are considered. The author sees the reasons for this situation primarily in the professional unfitness of the authorities and the "market" model that underlies the functioning of the state. Directions and specific mechanisms for overcoming the problems are proposed.
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Fraser, David, and Rod Preece. "Animal Ethics and the Scientific Study of Animals." Essays in Philosophy 5, no. 2 (2004): 404–17. http://dx.doi.org/10.5840/eip20045214.
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From ancient Greece to the present, philosophers have variously emphasized either the similarities or the differences between humans and nonhuman animals as a basis for ethical conclusions. Thus animal ethics has traditionally involved both factual claims, usually about animals’ mental states and capacities, and ethical claims about their moral standing. However, even in modern animal ethics the factual claims are often scientifically uninformed, involve broad generalizations about diverse taxonomic groups, and show little agreement about how to resolve the contradictions. Research in cognitive ethology and animal welfare science provides empirical material and a set of emerging methods for testing the plausibility of claims about animal mentation and thus for clarifying the interests and needs of animals. We suggest that progress in animal ethics requires both philosophically informed science to provide an empirically grounded understanding of animals, and scientifically informed philosophy to explore the ethical implications that follow.
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Rheindorf, Markus. "Film as language: The politics of early film theory (19201960)." Journal of Language and Politics 4, no. 1 (June 8, 2005): 161–68. http://dx.doi.org/10.1075/jlp.4.1.08rhe.
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While conventional accounts of the history of film theory portray early theoretical writings as ‘naïve’, ‘unsystematic’, and ‘impressionistic’, this paper argues that, although there is a factual basis for this dismissive appraisal, such accounts thoroughly ignore the many contradictions that mark these writings. This paper focuses on a historically specific case, the film theory of Siegfried Kracauer, and relates the major contradictions in Kracauer’s theory of film and his conception of ‘film as language’ to a changing socio-cultural context. This case study serves to illustrate the fact that theoretical discourses, especially in their formative, pre-institutionalised stages, are open to a variety of ideological and political struggles. The specifics of early film theory also throw some light on the politics of discursive strategies establishing analogies (and difference) between ‘film’ and ‘language’ decades before the ‘structuralist turn’ in film theory.
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Chowdhury, Tanzil. "Time Frames and Legal Indeterminacy." Canadian Journal of Law & Jurisprudence 30, no. 1 (February 2017): 57–76. http://dx.doi.org/10.1017/cjlj.2017.3.
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A consensus has long been established that adherents of the Critical Legal School (and to a lesser extent, Legal Realism) exaggerated their claims of law’s indeterminacy. This paper however, attempts to resurrect the indeterminacy debate by articulating, developing and elevating a particular strand of it; namely, the use of unrestrained time frames in factual construction. This claims that factual construction in adjudication is, in part, contingent on the time frames adopted—though absent some metaprinciple on whether to adopt broad or narrow time frames—indeterminacy rears its head. The paper primarily argues that time frame indeterminacy is important as it actually underwrites the attacks levelled by both Critical Legal Studies (CLS) and American Legal Realism (ALR) on legal liberalism. It nourishes ALR critiques by enriching the strict and loose articulations of precedent authored by Karl Llewellyn, and also connects some of the definitive themes that underline the CLS literature, specifically the rules-standards and free will-determinism contradictions in legal liberal discourse.
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Martin, Gunther. "INTERPRETING INSTABILITY: CONSIDERATIONS ON THE LIVES OF THE TEN ORATORS." Classical Quarterly 64, no. 1 (April 16, 2014): 321–36. http://dx.doi.org/10.1017/s000983881300075x.
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The text that has been preserved among Plutarch's writings under the title βίοι τῶν δέκα ῥητόρων (Lives of the Ten Orators, henceforth LTO) is, on the one hand, an invaluable and often the best source about the canonical Attic orators: it is, for example, our only source for the verdict against Antiphon after the oligarchic revolution of 411 and for Lycurgus’ state copy of the tragedies of Aeschylus, Sophocles and Euripides. On the other hand, it is a shambles, containing dubious anecdotes, obvious factual mistakes, and blatant contradictions.
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Rossius, J. G. "Benedetto Croce. A Question of Method in the History of Philosophy. Preface, translation and commentaries." History of Philosophy 28, no. 2 (2023): 109–16. http://dx.doi.org/10.21146/10.21146/2074-5869-2023-28-2-109-116.
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This publication presents a translation into Russian of Benedetto Croce’s essay from one of his later books “Philosophy and Historiography”. Here he raises the question of how the historian of philosophy should interpret those moments when the reasoning of a philosopher who is being studied is accidentally or deliberately not cleared up by him, or its development stops at a certain point. Considering the possible reasons for this, Croce touches on several themes to which his earlier writings were devoted and to which he returned throughout his scholarly life. Thus, he draws attention to the contradiction in the theory of knowledge of G. Vico, which consists in the application of the principle of verum-factum not only to history, but also to the mathematical sciences: on the one hand, only God can achieve truth in knowledge of nature, since he created nature, and on the other hand, truth in mathematics is available to man, since he “creates” mathematical elements and operations, and with them the method of natural science. Croce also points as an example to one of the contradictions in Hegel’s philosophy of nature, which consists in the confusion of empirical and speculative methods. It led to the endowment of the natural sciences with the status of “semi-philosophy”, to the untrue application of dialectics to the facts and concepts of the natural sciences. Convinced that the verum-factum formula can be combined with the teaching of absolute spiritualism, Croce warns against attributing such a connection to Vico himself, as this would mean incorporating later experience and a state of knowledge into his theory.
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Zaykova, Alina. "SPECIOUS PRESENT AND THE UNREALITY OF TIME OF J. M. E. MCTAGGART." Respublica literaria, no. 1 (December 25, 2020): 25–27. http://dx.doi.org/10.47850/s.2020.1.6.
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Argumentation by J. E. McTaggart uses among others the concept of "specious present", which describes the phenomenal experience of the present and the recent past. McTaggart argues since an event may be in the past for one, and inside the specious present and, therefore, in the present for another, we get a contradiction that illus-trates the unreality of time. However, since the apparent present can only include the past factualy, this argument cannot be applied.
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Kisin, Valeriy R., and Sergey A. Malakhov. "The Status of the Legal Regulation of the Administrative Liability of Officials." Administrative law and procedure 9 (September 9, 2021): 48–52. http://dx.doi.org/10.18572/2071-1166-2021-9-48-52.
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The content of the subinstitution of administrative responsibility of officials is investigated, its characteristics are determined. As a result of the analysis of the relationship of its constituent legal norms, contradictions (collisions) are revealed between the legal provisions contained in article 2.4 of the Code of Administrative Offenses of the Russian Federation, which determine the general grounds and conditions for administrative responsibility of these entities and the norms of a number of articles of the Special Part of the Code. The analysis of the latter reveals legal uncertainty in establishing the factual grounds for the considered type of administrative responsibility.
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Matt, Christian, Thomas Hess, and Christian Weiß. "A factual and perceptional framework for assessing diversity effects of online recommender systems." Internet Research 29, no. 6 (December 2, 2019): 1526–50. http://dx.doi.org/10.1108/intr-06-2018-0274.
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Purpose The purpose of this paper is to explore the effects of online recommender systems (RS) on three types of diversity: algorithmic recommendation diversity, perceived recommendation diversity and sales diversity. The analysis distinguishes different recommendation algorithms and shows whether user perceptions match the actual effects of RS on sales. Design/methodology/approach An online experiment was conducted using a realistic shop design, various recommendation algorithms and a representative consumer sample to ensure the generalizability of the findings. Findings Recommendation algorithms show a differential impact on sales diversity, but only collaborative filtering can lead to higher sales diversity. However, some of these effects are subject to how much information firms have about users’ preferences. The level of recommendation diversity perceived by users does not always reflect the factual diversity effects. Research limitations/implications Recommendation and consumption patterns might differ for other types of products; future studies should replicate the study with search or credence goods. The authors also recommend that future research should move from taking a unidimensional measure for the assessment of diversity and employ multidimensional measures instead. Practical implications Online shops need to conduct a more comprehensive assessment of their RS’ effect on diversity, taking into account not only the effects on their sales distribution, but also on users’ perceptions and faith in the recommendation algorithm. Originality/value This study offers a framework for assessing different forms of diversity in online RS. It employs various recommendation algorithms and compares their impact using not just one but three different types of diversity measures. This helps explaining some of the contradictious findings from the previous literature.
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Biryukov, S. V. "The importance of addition, competition, collisions of law principles for enforcement and other types of legal activities." Law Enforcement Review 5, no. 4 (January 5, 2022): 20–29. http://dx.doi.org/10.52468/2542-1514.2021.5(4).20-29.
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The subject of this research is the problem of combining (interrelation) of various principles of law used in the framework of law enforcement and other types of legal activity.The purpose of the study is to confirm or refute the hypothesis that the principles of law can not only complement each other, but also "collide" with each other when they are used in the framework of legal activity.The research methodology includes dialectics, systems approach, specific sociological methods, culturological and theoretical-sociological analysis, formal legal method. The author describes the degree of scientific elaboration of the problem in foreign and Russian studies, including works devoted to such related topics as the functions of the principles of law and the system of principles of law, as well as the opinions directly on the issue of R. Dworkin and A. Barak.The main results, scope of application. The author substantiates the presence of at least three ways of combining (interconnecting) the principles of law: (1) addition – the concerted action of several principles; (2) competition – limiting the operation of one principle to another; (3) collision – direct contradiction of one principle to another, their mutual exclusion. The definition of factual circumstances, the choice of applicable rules and their interpretation by court or other enforcement official can be influenced by ideology underlying the prevailing practice or the enforcer's own position. The specificity of a particular ideology is correlated by the author with the use of one or another combination of principles of law when making a law enforcement decision. It is shown in the article with specific examples of so-called "complex cases" from the practice of Russian higher courts. Complementing the principles of law is the predominant way of their relationship, used in law enforcement. It contributes to the preservation of the unity of the system of law. At the same time, the consistent implementation of one principle can limit the possibilities for the implementation of others. It leads to the fact in the process of law enforcement that it is often necessary to make a choice in favor of one of the principles within the framework of their competition. This choice is determined by several factors, including not only the established practice (law enforcement customs and precedents), but also the current social context, the position and interests of the law enforcement officer and the participants in the case. Finally, in some cases, situations are possible when the principles of law are mutually exclusive, come into conflict with each other. This, in particular, can occur when the principles of law belong to different systems (subsystems) of law or reflect the peculiarities of the legal ideology of different historical periods. The article identifies certain patterns of combining the principles of law, examines the importance of this topic for studying the issues of legal monism and legal pluralism, shows the importance of complementarity, competition and conflict of principles of law not only for the law enforcement process, but also for the knowledge of law, criticism of law, lawmaking, powerless implementation rights.Conclusions. Although within the framework of the traditional approach for domestic jurisprudence, the essence of law is associated with the interests and property relations reflected in the law, legal ideology has a relatively independent meaning nevertheless. A certain duality is inherent in legal activity, as a result of which the problems of combining interests are expressed precisely through various options for combining the principles and norms of law. It is proved that the system of principles of law is a complex system in which the same principles can be used in various combinations with each other.
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Gribov, N. D. "The Doctrine of the Conflicting Behavior Prohibition." Actual Problems of Russian Law 15, no. 3 (April 9, 2020): 128–35. http://dx.doi.org/10.17803/1994-1471.2020.112.3.128-135.
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The paper is devoted to the study of the legal construction of the prohibition of conflicting behavior. The author conducted a comparative study of the legal structures of venire contra factum proprium and estoppel. It is concluded that the indicated legal phenomena differ by their legal nature, although they have a common goal — to protect the rights and interests of the weak party. The paper indicates that the prohibition of conflicting behavior should consider a rule aimed at protecting a bona fide party by refusing to satisfy claims (material aspect) and (or) refusing to satisfy a procedural motion (procedural aspect) if the actions of the party that filed the claim, are aimed at refuting their own pre-trial behavior (material aspect) and (or) behavior in the framework of the trial (procedural aspect). The author highlights elements of the venire contra factum proprium rule, which form the subject of proof when referring to this doctrine, in particular: 1) the contradiction of secondary behavior to the original behavior; 2) the presence of dishonesty in the actions or intentions of a person acting in contradiction; 3) causing or intention to cause damage to the opposite side.
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Outhwaite, William, William Outhwaite, and Larry Ray. "Prediction and Prophecy in Communist Studies." Comparative Sociology 10, no. 5 (2011): 691–709. http://dx.doi.org/10.1163/156913311x599025.
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Abstract Contrary to Popper’s classic article with this title, it can be argued that the principal failure of Western analyses of communism was not the failure to predict the collapse of most of the communist regimes in and around 1989 but more a failure of prophecy, in the sense of a more speculative theory of the contradictions of those regimes and their unsustainability. The reasons can be found in the polarisation between overblown theories of totalitarianism and excessively bland comparative approaches couched in terms of the, then popular, theories of industrial society and, often, convergence. There were also methodological reasons arising from the positivist shibboleths of factual documentation, with the consequence that dubious statistics were considered better than none, and value-freedom.