Дисертації з теми "Law science"
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1
Cunningham, Graeme James. "Law, rhetoric, and science : historical narratives in Roman law." Thesis, University of Glasgow, 2018. http://theses.gla.ac.uk/41030/.
Повний текст джерелаАнотація:
Historical narratives have limited scholarly appreciation of the impact of rhetoric on the development of Roman law in the late Republican period. This thesis challenges these narratives and attempts to re-evaluate the role of rhetoric in Roman law.
2
Behan, Maeveen. "Science and Lore in Animal Law." Diss., The University of Arizona, 2006. http://hdl.handle.net/10150/194253.
Повний текст джерелаАнотація:
This dissertation employs techniques from folkecology to identify factors that have influenced lawmakers in their decision-making about animals. The purpose of this research is to understand the natural world as seen by lawmakers, identify and explain variation between lawmakers and scientists priorities, and, ultimately, consider ways to improve communication of understandings between these two cultures. The study is structured to follow Amadeo Rea's recommendation that scholars "note the etic while searching for the emic" (Rea 1998: xx) It compares priorities and then discusses findings to get at the question of meaning. What do different animals mean to lawmakers? What forces are operating when they make or interpret laws on behalf of animals? The answer "takes us into the realm of mythology," as Rea said it would (Rea 1998: xx), and provides an opportunity to consider the foundations of law and science, and the role of reason, narrative and imagination across the disciplines and across time, as lawmakers - who are keepers and shapers of their cultures -- continuously define and redefine what it means to be human, and what that means for other animals. Findings indicate that conservation efforts need to increase the cultural relevance of the natural world, rather than hope that science alone will change the ethic and priorities of lawmakers.
3
Travis, Mitchell. "Interrogating personhood : law and science fiction." Thesis, Keele University, 2013. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.602983.
Повний текст джерелаАнотація:
This thesis brings together for the first time the legal humanities and feminist legal theory in an interrogation of legal personhood. Originality can be found in the consideration of the relationship between law and science fiction. This thesis considers the question of what makes a legal person. Proponents of feminism have highlighted that legal personhood is predicated upon the bodies of healthy white heterosexual males. As a consequence embodiment becomes central to understanding whom or what can become legal persons. In this thesis Ngaire Naffine's (1997, 2003, 2009, 2011) understanding of the embodied legal person is used as a starting point and applied to a number of different contemporary and potential entities including human-level artificial intelligence, admixed embryos and elective amputees. Adopting a law and culture approach three different science fiction films are used to anchor this work. 77w Matrix trilogy (1999, 2003a, 2003b) is used to highlight the relationship between embodiment and legal personhood. Bladerunner (1982) is used to exemplify the relationship between legal personhood and the conflated concepts of rationality and masculinity. District 9 (2009) and elective amputees are used to demonstrate the relationship between the body, rationality and legal personhood. Science fiction is presented as prophetic and allegorical; forewarning of the possibilities associated with potential entities but also serving as a reminder of the injustices of contemporary and historical times. These themes are drawn together through the proposition of a new approach to legal personhood; an approach based on multiple modes of embodied experience, diversity and heterogeneity.
4
Khalili, Sinan. "Law as a Science : The Scientific Requisite." Thesis, Uppsala universitet, Juridiska institutionen, 2013. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-204083.
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5
Laukyte, Migle <1981>. "Law and Science through the Lens of Patent Law and Software Agents." Doctoral thesis, Alma Mater Studiorum - Università di Bologna, 2010. http://amsdottorato.unibo.it/3114/.
Повний текст джерелаАнотація:
In this investigation I look at patents and software agents as a way to study broader relation between law and science (the latter term broadly understood as inclusive of science and technology). The overall premise framing the entire discussion, my basic thesis, is that this relation, between law and science, cannot be understood without taking into account a number of intervening factors identifying which makes it necessary to approach the question from the standpoint of fields and disciplines other than law and science themselves.
6
Bain, Jonathan. "Subjective-Objective-Subjective: The Science Of Propaganda." Master's thesis, Faculty of Law, 2020. http://hdl.handle.net/11427/32197.
Повний текст джерелаАнотація:
This thesis discusses the following: 1. That, while advertising practitioners employ various levels of scientific endeavour (particularly strategic insight development, but also research, demographic data collection, and other objective tools of the trade), its final output is ultimately nonscientific, i.e. subjective creative ideation. (In this way, advertising is not dissimilar to the classic ‘art' of propaganda.) 2. That, for reasons of business necessity, creative ego and a latent form of ‘inferiority complex' the advertising industry describes its work in presentations to more scientifically-orientated clients as a more scientific proposition. 3. That, in contrast, as evidenced by the physical production process of the advertising idea (post the client presentation) – as well as in industry texts, award ceremonies, and selected case studies – advertising practitioners effectively acknowledge the subjective nature of their work. 4. That further evidence of this scientific ‘terministic screen' (Burke 1950, pp. 26-27) is also revealed in the failure of some television commercials to profitably ‘connect' as intended with an audience – thus undermining claims to the objective approach that preceded these commercials. 5. That, possibly, as is implied in at least one ethnographic case study, not even clients are necessarily convinced by advertising science: the ‘screen' may be a two-way mirror. 6. That there is, more broadly, a constant dialectic between right-brained creativity and the left-brained business project. 7. That this tension is a microcosm of the capitalist enterprise, and, in an increasing number of present examples, is perversely reflected in the advertising industry's output as anti-capitalist brand messaging. 8. That it is possible to think of advertising as a sub-set of a more consumer-orientated ‘design'. 6 9. That, admittedly within limited confines of my research, there is a tantalising indication that, generally, advertising artefacts were historically more logos-led, are currently more pathos-led, and may in future benefit from a more ethos-led orientation.
7
Al-Dusri, Fahad. "The effectiveness of forensic science service in the State of Kuwait in criminal investigations and proceedings : forensic science practice in Kuwait." Thesis, University of Exeter, 1999. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.288002.
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8
Bicego, Carl P. "The precautionary principle in law and science, nomos and narrative." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1996. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp04/MQ26408.pdf.
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9
Forret, Joan Boyce. "An Interface between science and law: What is science for members of New Zealand's Environment Court?" The University of Waikato, 2006. http://hdl.handle.net/10289/2667.
Повний текст джерелаАнотація:
This study investigates the interface between science and law with reference to models of science described by members of New Zealand's Environment Court. The aim of the research is to identify differences and consistencies between the members of the Court in the way that they articulate their understanding of science and of scientific evidence. This research also aims to locate those individual models of science within a wider philosophical discourse concerning the nature of science. The research adopts a qualitative and interpretive approach that focuses on understanding the detail of contextual interactions arising from interviews with eight Environment Judges and 13 Commissioners. The interview group comprised all of the judges of the Court during the research period (1999 - 2000) and all but one permanent Commissioner. The analysis of interviews show a wide range of views concerning the scope and nature of science. Criteria significant to each individual's model of science have been identified as a series of micro themes. Those micro themes differ between individuals as to the combinations of criteria significant when locating the boundary between science and non-science. The analysis of interviews also identifies three macro themes that describe whether and how individuals differentiate science, technology and expertise. That analysis identifies a group of interviewees, comprising both judges and commissioners, that equates science with expertise without distinction as to any knowledge component or process considerations. The analysis of interview responses adopts a boundary-work approach that identifies how individuals locate the boundary between science and non-science through their articulation of the micro themes significant to their model of science. The study contributes to the discourse concerning the relationship of science and law within modern society. That discourse commonly addresses the appropriate legal framework to assess questions involving scientific expertise and invariably describes the legal process and the role of expert and decision maker within that process. However, that discourse rarely articulates the meaning of the terms science, scientist, or technology, assuming that science is a self-evident concept, its meaning having universal application and acceptance. This research challenges that approach and identifies wide differences in the models of science held by individual decision makers and differences in their expectations of evidence from expert witnesses. Aside from the implications of the research results for the discourse concerning the relationship of science and law, this research also has practical implications for the evaluation of expert scientific evidence within an adversarial system of law, and for expert evidence before the Environment Court. Suggestions to improve communication both within the Court and between the Court and parties appearing before it are made with a view to identifying consistent and fair expectations of experts and their evidence.
10
Hagelüken, Alexandra. "The impact of EC law and WTO law on domestic law : a critical analysis of the case law of the European Court of Justice." Thesis, McGill University, 1998. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=21683.
Повний текст джерелаАнотація:
The relationship between, on the one hand, European Community Law and World Trade Organization Law and, on the other hand, domestic law lies at the heart of this thesis The European Treaty and the World Trade Organization Agreements have far reaching impacts not only on their Member States, but also on individuals. It is of crucial importance for the protection of individual rights and for the effective enforcement of these treaties whether individuals can invoke them before their national courts. After giving an overview of the general theories, which exist in international law with respect to the impact of international treaties on domestic law, this thesis analyzes the case law of the European Court of Justice regarding the impact of EC Law on domestic law and the impact of GATT 1947/WTO Law on the European Community. A review of this case law will demonstrate that the European Court has effectively promoted European integration by the doctrines of direct applicability, direct effect and supremacy. In contrast, the European Court has so far denied that individuals or Member States can challenge the validity of EC Law by invoking provisions of the GATT 1947. It is not clear whether the Court will change its attitude with respect to the WTO Agreements. This thesis will demonstrate that the general denial of direct effect to GATT/WTO Law is not based on legal reasons. With respect to the European Community, individuals must be allowed to rely at least on some of the provisions.
11
Zhang, Jiaxin. "Power-law Graph Cuts." The Ohio State University, 2015. http://rave.ohiolink.edu/etdc/view?acc_num=osu1418749967.
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12
Simon, Katie. "Finding synergistic conservation values? Māori tikanga, science, resource management and law." The University of Waikato, 2007. http://hdl.handle.net/10289/2639.
Повний текст джерелаАнотація:
In this doctorate, I provide a balanced and collaborative approach to knowledge/value change between the contesting worldviews of indigenous knowledge and western science, termed 'synergistic'. My search for synergy is comparative and reconciliatory. This endeavours to overcome the popular pre-occupation with conflict and opposition. Rather, both difference and similarity are recognised. Through the comparison of such synergy, I argue that Māori development requires for its further advancement a focus not only on difference and conflict, but also on affinity and convergence. My primary concern is to establish a better understanding of the synergistic, adaptive strategies or indigenous innovation of Māori kaitiaki, environmental stewards. I investigate conflicting and converging Māori and western scientific conservation and use values in Aotearoa/New Zealand environmental governance and management regimes under the Resource Management Act 1991, with specific regard to indicator development. The balance of values were compared in ecological environmental governance, from five Aotearoa governmental authorities and three Māori river communities, utilising Māori and western social science methods. My focus on indicators pinpoints contesting knowledge/value change between the marginalisation of indigenous knowledge and dominance of western science. This seeks to highlight the potential viability of Māori kaitiakitanga, stewardship in global and national terms of sustainability. However, potential synergy is held back by a prevailing viewpoint of the indigenous worldview as backward, past-oriented and non-synergistic. An oppositional dogma predominates, which is a key problem to overcome. It spans world and national literature, resulting in considerable gaps in knowledge on synergy, conceptually, methodologically, empirically and analytically. This is addressed by an authoritative Māori synergistic standpoint from my own cultural lens and decolonised theorising, termed 'nuanced problem solving'. I articulate both worldviews in knowledge/value change through comparative, evolutionary, multi-dimensional, cross-cultural and inter-disciplinary research on synergy. My nuanced problem solving encapsulates the two main parts of the doctorate, whereby synergy is correlated between theory and social practice. Part one deals with value comparison in theory utilising high abstracted concepts and methods at the global level of environmental governance. Part two deals with value balance in social practice utilising medium abstracted and concrete empirical and analytical research at global, national, regional, district and cross-tribal levels of environmental governance. Potential synergy cross-cuts each part from high abstracted thought down and from the practical flax roots up. I argue that Māori advancement fluctuates between them. Drawing on cultural and theoretical leanings of the Māori synergistic standpoint, both a strong correlation with existing theory and expanded synergistic theorising was found. Due to the expansiveness of the research, these correlated findings only provide an embryonic understanding of potential synergy. A postscript describes my other work on synergy with five external agencies concerning foreshore, lakeside, wastewater, land disposal and carbon marketing kaitiakitanga. I argue that additional research on synergy is needed in order to further advance Māori.
13
Handa, Sunny. "Reverse engineering computer programs under Canadian copyright law." Thesis, McGill University, 1994. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22693.
Повний текст джерелаАнотація:
The field of copyright law has been especially active in recent times as a result of its application to computer programs. Copyright law, not originally designed to protect such works, has had to adapt to suit the special nature of computer programs. This paper addresses the applicability of copyright law to the reverse engineering of computer programs. Reverse engineering is a method by which programmers may uncover the ideas and processes used within an existing computer program, thereby allowing the construction of compatible computer programs. Reverse engineering may also be used to create works which are directly competitive with the original program, and may also be used to assist in the piracy of computer programs. The mere act of reverse engineering computer programs, regardless of its purpose, potentially infringes the copyright of the computer program in question, notwithstanding whether the results of the process are used in an infringing manner.Recently both the European Union countries and the United States have accepted reverse engineering as an exception to copyright infringement. The European Union has opted for a legislative solution, whereas in the United States several courts have construed the fair use exception contained in that country's Copyright Act as allowing reverse engineering.
In this paper, it is argued that Canada must also adopt a reverse engineering exception to copyright infringement. It is claimed that the implementation of such an exception is justified through examination of the underlying policy goals of copyright law in the context of an economic framework. Reverse engineering fosters the creation of standards which, it is argued, increase societal wealth. The existence of a reverse engineering exception is consistent with the balance between the economic rights of individual authors and societal technological progress, which copyright seeks to maintain. It is demonstrated that copyright exists as the only form of applicable intellectual property protection which can broadly limit the disclosure of concepts underlying computer programs.
It is suggested that an effective exception should be statutorily based. It is felt that the existing fair dealing exception contained in the Canadian Copyright Act is juridically under-developed and too uncertain to provide an effective solution to the reverse engineering problem. A legislative solution would send a clear message to the software industry as well as to the courts, and could prohibit contracting out of the Copyright Act which would potentially be allowed were a judicial solution sought. It is further suggested that the statutory exception should broadly allow the process of reverse engineering as opposed to limiting it to cases where compatibility is sought. Narrowing the exception creates conceptual difficulties in applying limits to reverse engineering. Allowing a broad exception would avoid these difficulties while continuing to provide copyright holders with protection if, after the reverse engineering process is concluded, their protectable expression is used within another's software product.
14
Genneby, Johan. "Hard Decisons, Soft Laws : Exploring the authority and the political impact of soft law in international law." Thesis, Linköping University, Department of Management and Economics, 2003. http://urn.kb.se/resolve?urn=urn:nbn:se:liu:diva-1864.
Повний текст джерелаАнотація:
The question of whether there is soft law in international law has been as much the subject of contemporary debate as whether or not there is private legal authority in the international society. The legal boundaries seem to be blurred by the process of globalisation and the recent shift in international law. The traditional definition of international law has been outdated as new forms of treaties has introduced new subject of law to the judicial arena. At the same time a supplementary map of law has been added to the cartography of international law, soft law. These correlating processes have comprehensive political and legal consequences at both the international and national levels. This essay examines and identifies soft law from a legal-political perspective and locates and explores private forms of legal authority on the map of contemporary international law. In respect to theory, it accounts for an interdisciplinary approach involving issues of both international law and international relations. In the process this study examines issues regarding the relative legal normativity and the blurring of legal authority in international law. The focus is on the legal character, the constitutive practices and the legal and political influence of soft law. It discusses the influence and power exerted by soft law over state actors in the international system and at the national level. The essay finds that soft law is of substantial relevance in the international ambit. To some extent a limited normative force of certain norms is recognized in soft law even though it is conceded that those norms would not be enforceable by an international court or other international organ. To say that it does not exist because it is not of the enforceable variety, might blind students of international law to another dimension of the landscape of international practice. Soft law does not translate to soft obligations in the reality of international society, and it seems to be some confusion surrounding the obligations conceived by it. The research here presented suggests that its political and legal power is substantial. The researched examples do not display any real private legal authority in soft law. This is because soft law is found to be a separate phenomenon from international law proper. However, soft law’s impact on national governments combined with the wider acceptance of the presence of private actors in the creation of soft law suggests that private power is noteworthy in comparison. In one of the studied examples, the soft law is concluded by private business representatives solely, but in requiring the status of soft law it is dependant on the recognition of the international and national legal bodies.
15
Pamp, Caroline. "Intellectual property in science /." Stockholm : Jure Förlag, 2010. http://www.hgu.gu.se/Files/fakultetskansli/abstract/Spikblad%20Caroline_Pamp.pdf.
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16
Farley, Erin Jennifer. "Deliberating science juries, scientific evidence and commonsense justice /." Access to citation, abstract and download form provided by ProQuest Information and Learning Company; downloadable PDF file, 309 p, 2007. http://proquest.umi.com/pqdweb?did=1251900581&sid=1&Fmt=2&clientId=8331&RQT=309&VName=PQD.
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17
Frederiksen, Soren David. "The mediating discourses of the expert witness, science, fingerprinting, and the law." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 2000. http://www.collectionscanada.ca/obj/s4/f2/dsk2/ftp01/MQ57658.pdf.
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18
Gilson, Cedric Charles. "Resources for mediating the incommensurability of science and law in legal contexts." Thesis, University of Westminster, 2006. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.442108.
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19
Frederiksen, Soren David Carleton University Dissertation Law. "The mediating discourses of the expert witness; science, fingerprinting, and the law." Ottawa, 2000.
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20
Davis, H. G. "Conceptions of 'politics' in English law : a study based on aspects of extradition, charity and labour law." Thesis, University of Reading, 1989. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.329315.
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21
Ochse, Aaron Richard. "Targeted Killing, Drones and International Law| How U.S. Practice is Shaping International Law." Thesis, The George Washington University, 2014. http://pqdtopen.proquest.com/#viewpdf?dispub=1556566.
Повний текст джерелаАнотація:
Since 2002, the United States has been conducting drone strikes as an integral part of its war on terror against al Qaeda. This paper discusses the evolution of that practice and considers the legal implications of the targeted killing of alleged members of al Qaeda and its affiliate organizations in non-battlefield situations. It argues that the U.S. is negatively influencing international law at a time when the law is unsettled with regard to non-battlefield targeting of members of armed opposition groups. Further, some of the strikes conducted by the U.S. violate the principles of distinction, proportionality and military necessity. The paper suggests that the U.S. should alter its course of actions, support a more restrained view of the boundaries of targeted killing, and limit any targeted killings to high-level members of terrorist organizations.
22
Winterbottom, David Mark. "Pattern formation with a conservation law." Thesis, University of Nottingham, 2006. http://eprints.nottingham.ac.uk/10180/.
Повний текст джерелаАнотація:
The evolution of many pattern-forming systems is strongly influenced by the presence of a conserved quantity. Diverse physical phenomena such as magnetoconvection, rotating fluid convection, binary fluid convection, vibrated granular and fluid layers, filament dynamics and sandbank formation, all possess a conservation law which plays a central role in their nonlinear dynamics. In this thesis, this influence of a conserved quantity is examined through analyses of three distinct pattern-formation problems. Firstly, the consequences of conservation of mass are investigated in a phenomenological model of a vibrated granular layer. A new weakly nonlinear analysis is performed that reveals the existence of modulational instabilities for patterns composed of either stripes and squares. The nonlinear evolution of these instabilities is numerically studied and a plethora of patterns and localised arrangements are exhibited. The second component of this work concerns an oscillatory bifurcation in the presence of a conserved quantity. Building upon existing theory for the corresponding stationary bifurcation, universal amplitude equations are constructed through symmetry and asymptotic considerations. Subsequently, the stability properties of travelling and standing waves are found to be significantly altered and new modulational instabilities are uncovered. Numerical simulations reveal that, in the presence of a conserved quantity, travelling and standing waves lose stability to spatially localised patterns, either coherent, time-periodic or chaotic. Finally, wave-like behaviour of large-scale modes is examined through an analysis of a model for Faraday waves, that has been modified to account for flnite fluid depth. Several approaches to the weakly nonlinear analysis are considered and two sets of amplitude equations are derived that account for the unusual wave-like behaviour of large-scale modes. Numerical simulations reveal amplitude-modulated and localised patterns away from the small-amplitude, weak-viscosity limit.
23
Zapata, Lugo Jose Vicente. "Sustainable development : a role for international environmental law." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26232.
Повний текст джерелаАнотація:
This study portrays the vital role that sustainable development has in environmental protection. It is argued that, due to an unnecessary polarization of efforts, the success of sustainable development has been rather limited. Thus, after surveying the tension between the ecological, economic development and ethical dimensions of the concept, the author demonstrates the balancing role that international environmental law can have. Two hypotheses, the hypothesis of "concavity" and that of "convexity", are presented to contribute to a more appropriate understanding of the concept. A survey of international environmental agreements and instruments is undertaken in order to present sustainable development as a field in itself.It is further argued that sustainable development has not succeeded in enhancing environmental protection because of the erroneous efforts made to reduce it from a field of international environmental law to a norm of international environmental law. States, communities and individuals should be more concerned with developing new and firm principles in the field of sustainable development. These principles would eventually become the new norms of international and national law and thus, the cornerstone of an era of environmental protection that does not impinge upon the development that humankind is dependent upon.
24
Beland, Christopher D. (Christopher David) 1978. "Digital technology and copyright law." Thesis, Massachusetts Institute of Technology, 2002. http://hdl.handle.net/1721.1/16818.
Повний текст джерелаАнотація:
Thesis (S.B.)--Massachusetts Institute of Technology, Program in Science, Technology, and Society, 2002.Includes bibliographical references (p. 88-108).
This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Intellectual Property is an ideology of the late Twentieth Century which reserves property-like rights in information, so that creators may extract its economic value. Current American copyright law draws mainly from this concept; it has been constructed through history by negotiation between various established economic interests. Information Freedom is a competing ideology which has been successful in the software community. It emphasizes the dangers of over-propertization and the benefits of freely accessible resources, especially non-depletable information resources. Compromise must be reached in a practical (non-ideological) fashion in order to achieve the social goals of: production of creative content (encouraged by fair but not excessive compensation for creators); promotion of scientific, political, technical, artistic, cultural, and economic progress by removing obstacles to accessing content and taking advantage of innovations which change the status quo; protection of creative freedom; and ensuring quality and diversity in the content which is created. Civil disobedience as a means to achieve these goals may be counterproductive if it results in tighter technological restrictions on content availability or stricter legal mechanisms; legal reforms proposed by Lawrence Lessig and Jessica Litman are unlikely to be enacted. Internet-based technologies have strong potential to increase exposure to diversity, decrease costs, and improve the subjective experience for music consumers. Cheaper film-making equipment may have similar positive effects for motion pictures to a lesser degree. Internet bandwidth and other practical limitations suggest that immediate changes in video distribution and consumption patterns are more likely to be driven by the availability of Digital Video Recorders, or perhaps competing Video On Demand services. Different economic models which fund content creation may be appropriate for different applications, and may in some cases further social goals better than strong propertization. Alternative models include voluntary contributions (either from creators or consumers); indirect benefit by establishing reputation, selling related services, cross-promotion, or selling advertising; and public funding. The history of telecommunication, including the telegraph, radio, television, and the Internet, provides evidence that important uses for new technology may not be initially obvious, that the maturation of digital information technology and related economic models is just beginning.
by Christopher D. Beland.
S.B.
25
Baudouin, Christine. "La procréation assistée au Québec: de la science de laboratoire au service public." Thesis, McGill University, 2012. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=110698.
Повний текст джерелаАнотація:
Science has made tremendous progress over the last years in the area of Assisted Reproductive Technologies, which has changed our traditional vision of maternity and family. The Quebec government has adopted in 2010 the Act respecting clinical and research activities related to assisted procreation, which offers to its citizens a complete access to the techniques as if they had a subjective and absolute right to them. Being perceived as a public service, assisted procreation now belongs to the Public Health domain, and is therefore of interest to the whole society, since it has become a collective issue. This observation originates from two phenomena: The first being that the Quebec law is based on the main North American ethical norms: autonomy, beneficience, non maleficience and justice. The second on is the medicalization of infertility. Following this analysis, the Quebec law will be criticized and particularly, the way the underlying ethical principles have been interpreted to serve only individualistic and utilitarian interests, to the detriment of women's health. Contrary to what has been adopted by the French society, we will see that the Quebec legislator has failed to address the long term consequences of the law on the whole society and to lead a public reflection before its adoption.Les avancées scientifiques des dernières années en matière de reproduction de l'être humain ont changé notre conception traditionnelle de la maternité et de la famille. La loi sur les activités cliniques et de recherche en matière de procréation assistée adoptée par le gouvernement du Québec en 2010 offre à ses citoyens un accès étendu aux techniques de reproduction comme si ceux si avaient un droit subjectif et absolu de s'en prévaloir. Etant perçu comme un véritable service public, la procréation assistée appartient désormais au domaine de la santé publique et intéresse la société toute entière parce qu'elle devient un enjeu collectif. Ce constat émane de deux phénomènes principaux : Le premier est que la loi québécoise est le reflet des normes éthiques nord-américaine, soit l'autonomie, le bien-être, la non-maléficience et la justice. Le second est le phénomène de la médicalisation de l'infertilité. Suite à ce constat, il est normal que la loi québécoise soit soumise à la critique notamment quant à la façon dont les principes éthiques qui la sous-tendent ont été interprétés pour ne servir que des intérêts individualistes, utilitaristes, et au détriment de la santé des femmes. Contrairement à l'approche préconisée par la société française, nous verrons que le législateur québécois a manqué l'occasion de s'interroger sur les conséquences à long terme d'une telle loi sur l'ensemble de sa population et de prévoir une réflexion publique avant l'adoption de la loi.
26
Sen, Maya. "Essays on Causality, Race, and the Law." Thesis, Harvard University, 2012. http://dissertations.umi.com/gsas.harvard:10333.
Повний текст джерелаАнотація:
Making causal inferences about race is difficult because no means exist to manipulate units into treatment and control groups. Chapter 1 addresses this predicament. First, I argue that race should be defined as a composite measure in which some elements are mutable. Second, I note that identifying the units of analysis is particularly important when thinking about race. These extensions allow us to synthesize two instances in which causal inferences regarding race may be permissible: (1) studies that measure the effect of exposing an entity to a racial cue and (2) studies that disaggregate race into constituent pieces and measure the effect of a mutable element. Chapters 2 and 3 provide examples of the first “exposure” approach in the context of judicial politics. Chapter 2 analyzes the role of race and gender in judicial confirmations and demonstrates that minority and female nominees to federal courts are awarded lower qualification ratings by the American Bar Association (ABA) than are white and male nominees. This is the case even when comparing only judges with similar education, ideologies, and experiences. Furthermore, I present results showing that ABA qualification scores are not predictive of judges’ reversal rates. Chapter 3 explores what happens once minority judges are confirmed. Focusing specifically on African Americans, I show that opinions authored by black judges are overturned more than cases authored by whites. The effect is robust and persists after taking into account measures of judicial qualifications, previous professional and judicial experience, and partisanship. Taken together, Chapters 2 and 3 have clear implications: despite attempts to make judiciary more reflective of the U.S. population, racial disparities continue to persist.Government
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Alem, Mohammed Y. "The applicable law to international commercial contracts : harmonization perspectives between civil and common law?" Thesis, McGill University, 1991. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=61160.
Повний текст джерелаАнотація:
There seems to be wide acceptance of the idea that divergencies between legal systems give rise to disadvantages. These divergencies are, and have always been, regarded as inconveniences to overcome, particularily between the Civil and Common Law traditions, which present quite diverging points of view in the way the Law is thought. Today, one criterion of evaluating any harmonization of international legal norms is the extent to which the effort enhances certainty, a quality much appreciated in the field of international commercial contracts.In fact, today, there is a detectable effort on the international level to harmonize the laws, especially in relevance to international contracts, in order to provide a better environment for world trade.
When we decided to go through this subject, we had in mind the importance of understanding this harmonization tendency on the international sphere. That may be the reason why we have tried, in this thesis, to expose the harmonization process adopted by some recent conventions. Our purpose was to prove that, even though differences and disparities may exist, as long as there is a uniform tendency toward social and cultural uniformity, one might predict that these divergencies would eventually even out. We see in this tendency an indication of the convergence of the Common and Civil Law toward the same destination: make this world a better place.
28
Pardolesi, Roberto, and Massimiliano Granieri. "The Future of Law Professors and Comparative Law." IUS ET VERITAS, 2014. http://repositorio.pucp.edu.pe/index/handle/123456789/123064.
Повний текст джерелаАнотація:
In this paper, the authors analyze the positions on the objectives of Comparative Law as an autonomous discipline, as well as the intersection between law and economics and its implications for future studies of law. this is studied in relation not only to what is Law, but with what it should be. ending the authors propose a new perspective for comparatists lawyers, seeking to revitalize legal research.En el presente artículo, los autores analizan las posiciones acerca de los objetivos del Derecho Comparado como una disciplina autónoma, así como la intersección entre Derecho y la economía y sus implicancias en los futuros estudios del Derecho. todo ello se estudia a en relación no solo a lo que es el Derecho, sino con lo que debería ser. Finalizan los autores proponiendo una nueva perspectiva para los abogados comparatistas, buscando revitalizar la investigación jurídica.
29
Lowe, Sabine. "Responsibility and liability in general public international law and in the law of outer space." Thesis, McGill University, 1992. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=60670.
Повний текст джерелаАнотація:
Just as the actions of individuals often conflict with the legally protected interests of others, States may embark on activities which jeopardize the integrity of other States' rights. The new relationship evolving between the risk-creators and the potential victims is governed by social responsibilities as well as rules of law.In the first part of the thesis, the concept of responsibility for internationally wrongful acts is contrasted with that of liability sine delicto. The examination seeks to define the principles upon which each is based and to determine the respective legal significance, scope and applicability. The analysis of both concepts is guided and influenced by the work of the International Law Commission.
The second part focusses on the law of outer space. A scrutiny of the relevant norms reveals which stage of development this fairly new subdivision of international law has reached with regard to responsibility and liability.
30
Leander, L. H. "Liberty, democracy and legislation : law against the powerless." Thesis, Brunel University, 1991. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.292563.
Повний текст джерела
31
Mora, Guerra Mario Ivan. "Privacy law issues for encryption and government control in Mexico." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27462.
Повний текст джерелаАнотація:
Mexico is part of the dramatic change that information technologies are triggering worldwide and is thus subject to the potential risks of privacy that this "digitally conformable" world implies. Encryption may be a solution to this problem, but its use also involves important difficulties that some countries have tried to solve restricting its use, import or export.This thesis studies the legal challenge of achieving a balanced legislative answer that ensures maximum protection of privacy without conflicting with law enforcement. It also warns the Mexican Consultant Committee on Informatic Policies about the potential problems that the use of encryption technologies will create in Mexico and proposes some solutions.
Mexico is urged to reform its laws pertaining to privacy and confidentiality, and to regulate the illegal and beneficial uses of encryption, in order to achieve a comprehensive and poised legal and administrative infrastructure for information technologies, privacy and encryption. We lay out basic legal parameters to shape a future encryption law in Mexico, emphasizing that the Mexican Government should guarantee that any Mexican can use, develop, market, import or export any encryption product, and that in no event should the Mexican Government impose any compulsory encryption standard. In order to control the criminal use of encryption, we suggest lawful compulsory decryption and certain encryption use restrictions in cases where these technologies are found to have been used to further a crime.
32
Kletzer, Christoph. "The mutual inclusion of law and its science : reflections on Hans Kelsen's legal positivism." Thesis, University of Cambridge, 2005. https://www.repository.cam.ac.uk/handle/1810/251950.
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Klinkner, Melanie Josefine. "Towards improved understanding and interaction between forensic science and international criminal law in the context of transitional justice." Thesis, Bournemouth University, 2009. http://eprints.bournemouth.ac.uk/12876/.
Повний текст джерелаАнотація:
International criminal justice-is part of a coordinated effort to achieve transitional justice in response to social trauma, human rights' abuses, mass atrocities, civil war and genocide. Criticaliy, criminal trials are believed to contribute to a notion oftruth through producing a record of the causes of conflicts, the responsible actors and parties, as well as the events. As part of its criminal investigations, the International Criminal Tribunal for the former Yugoslavia (ICTY) employed multi-disciplinary forensic teams to excavate mass graves and examine the human remains to discern information regarding the victims and the events that preceded their deaths. It thus contributed to two notions of 'forensic truth': firstly, through generating findings related to an individual level, questions such as 'what happened to an individual, where, when and how?' were answered; and secondly information about the reasons, circumstances and patterns of the eveRts=leading to the creation of mass graves was-ascertained. Focusing upon the ICTY and the Extraordinary Chambers in the Courts of Cambodia (ECCC), the research explores the reasons for, potential, values, theoretical and practical aspects of the interaction between international criminal law and forensic science evidence from mass graves. Thirty in-depth semi-structured interviews were conducted with carefully selected individuals experienced in prosecution, defence, forensic investigation or crime scene investigation, relating to either of these selected case studies. After thorough analysis of the iRterviewdata alongside secondary materials, including relevant previous research, case law, trial transcripts and documents relating to the case studies, the study makes three original and significant contributions to knowledge: firstly, the research provides an assessment of the value forensic science evidence from mass graves holds within the ICTY and ECCC's transitional justise efforts. Secondly, it outlines the conceptual and theoretical challenges that occur as part of the 'forensic science-international criminal law relationship', thus relating traditional law-science debates to a yet unexplored context. Thirdly, with reference to exchange theory, the research produces recommendations to improve practical aspects that arise during the interaction between legal, investigative and forensic practitioners throughout forensic science investigations into mass graves for international criminal prosecutions.
34
Lazare, Jodi. "The use of social science evidence in constitutional adjudication: overcoming the challenges of the adversarial system." Thesis, McGill University, 2013. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=114143.
Повний текст джерелаАнотація:
This thesis examines the practice of judicial reliance on social science evidence in the context of Canadian Charter litigation. It undertakes in-depth readings of two recent trial decisions dealing with prostitution and polygamy, which required the judges to analyze vast amounts of social science empirical data. The argument is that the legal system's prioritization of persuasion, victory and the definitive resolution of disputes prevents it from maximizing the potential contributions that the social sciences can bring to the law and the legal search for truth. The doctrine of stare decisis may also require rethinking. This thesis also explores the idea that adversarial adjudication is ill suited to the balancing of a variety of unsettled issues often required by Charter challenges. This difficulty is compounded by the demonstrated weaknesses of legal education and its failure to equip future lawyers and judges with the non-legal skills required to deal with complex and conflicting empirical data. Last, the thesis looks at another major flaw in Anglo-American adjudication, the party selection of expert witnesses and the necessary bias which results, providing an overview of alternative procedural mechanisms. Overall, the difficulties in combining the law and the social sciences can only be remedied by moving towards a more inquisitorial method of resolving constitutional disputes.Ce mémoire étudie le traitement judiciaire de la preuve issue du domaine des sciences sociales dans le contexte des recours fondés sur la Charte canadienne de droits et libertés. Il entreprend une lecture en profondeur de deux décisions récentes de première instance, concernant la prostitution et la polygamie, dans lesquelles les juges ont eu à analyser de grandes quantités de données empiriques provenant du domaine des sciences sociales. Il soutient que la priorité que confère le système judiciaire à la persuasion, à la victoire et au règlement définitif des litiges l'empêche de bénéficier pleinement de la contribution que pourraient apporter les sciences sociales au droit et à la recherche juridique de la vérité. La doctrine de stare decisis pourrait, elle aussi, devoir être repensée. Ce mémoire explore de plus l'idée que le système accusatoire convienne mal à la mise en balance d'une multitude d'enjeux incertains, comme le requièrent souvent les contestations fondée sur la Charte. Cette difficulté est aggravée par les lacunes avérées de la formation juridique et par son incapacité à doter les futurs avocats et les futurs juges des compétences non juridiques nécessaires à la prise en compte de données empiriques complexes et contradictoires. Enfin, ce mémoire se penche sur un autre défaut majeur du système judiciaire anglo-américain, la sélection des témoins experts par les parties et le biais inévitable qui en résulte, et offre un bref portrait des mécanismes procéduraux alternatifs. De façon générale, les difficultés à combiner le droit et les sciences sociales ne peuvent être remédiées qu'en se dirigeant vers un mode plus inquisitoire de résolution des litiges constitutionnels.
35
Provost, Rene. "International human rights and humanitarian law : fusion or confusion?" Thesis, University of Oxford, 1998. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.285439.
Повний текст джерела
36
Eisler, Jacob Morse. "Personhood and the Law of Corruption in Federal Courts." Thesis, Harvard University, 2016. http://nrs.harvard.edu/urn-3:HUL.InstRepos:33493326.
Повний текст джерелаАнотація:
The treatment of corruption in US federal law has evolved in an inconsistent manner and endured repeated seemingly erratic shifts. This dissertation considers the treatment of political and electoral corruption both comparatively between institutions and internally within institutions, using the political philosophy of Plato as a theoretical foundation. It thus offers three essays: one that examines Plato’s treatment of corruption in his seminal political works (The Republic, The Statesman, and The Laws); a second that considers the comparative treatment of corruption by Congress and the Supreme Court in the context of both electoral and official corruption; and a third that considers the internal partisan dispute within the Supreme Court over the proper treatment of campaign finance.
This dissertation takes as its methodology close analysis of text, whether Supreme Court opinions, the Congressional legislative record, or Platonic dialogues; and it takes as its subject matter the character of persons who participate in the political process. Its essential observation is that the US conception of law does not give credence to the character (in the deep sense) of participants in the political process, even as such questions of character overdetermines legal debates, as present in the materials that shape corruption law itself. By careful analysis of these texts, the unspoken but critical role of character in election law can be understood.
The fruit of this analysis that US election law is riven by debates over the proper contours of anti-corruption regulation that reside upon the character of those it regulates. Within the Court this has produced partisan conflict; between the Court and Congress it has produced two differing views of how the anti-corruption regime should be constructed.Government
37
Fortin, Pierre 1960. "Artificial space debris and international law." Thesis, McGill University, 1990. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=59927.
Повний текст джерелаАнотація:
In just three decades of human exploration and utilization of outer space, an unwanted legacy of thousands of artificial space debris has been left behind.The purpose of this thesis is to analyse the appropriate technical aspects of the artificial space debris issue and to explore the legal ramifications of the question.
The first chapter is devoted to the technical aspects and covers topics such as the origins and location of artificial space debris, the hazards they constitute, the anticipated damage that might be caused by such debris and the likelihood of its occurrence.
In the second chapter, the legal aspects are explored by first looking at space law generally. A brief historical perspective of space law as well as the role of the United Nations in the making of space law is offered. Space law as it relates to the space debris issue is then analysed by first trying to define terms such as "space object", "component parts" and "space debris". Particular emphasis is then placed on issues like jurisdiction and control over space debris, international responsibility for space debris, their identification and, finally, liability for damage caused by space debris.
38
Ives, Robin. "The politics of publicity : the new science of political economy in eighteenth-century France." Thesis, University of Oxford, 2001. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.367462.
Повний текст джерела
39
Lapointe, Hélène. "Regional open skies agreements : law and practice." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=22696.
Повний текст джерелаАнотація:
This thesis presents an analytic review of the different definitions of "Open Skies Treaty". It mainly introduces American, Canadian and European views of Open Skies. We also propose our definition of Open Skies in a North American context including our NAFTA partner, Mexico.Then, the thesis conducts a detailed study of the law and practice pertaining to regional Open Skies Agreements in Europe, Latin America, Australasia and in the Asia/Pacific region.
Afterwards, an analysis of the main provisions of the North American Free Trade Agreement is made with reference to air transport. Follows, an overview of the state of the Canadian air transport industry and policy.
More importantly, a complete analysis of the New Air Transport Agreement Between Canada and the United States implementing an Open Skies regime as for 1995 is made in Chapter V.
Finally, a critical analysis of this Open Skies Agreement is made and perspectives are given as to the future inclusion of Mexico, Chile and, later on, of all of Latin America.
40
Huang, Chu Cheng 1964. "Airline labour law : a study of certain labour law rules in international air transport." Thesis, McGill University, 1997. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=34739.
Повний текст джерелаАнотація:
This thesis examines problems related to particular labor laws currently applied in international air transport. This analysis is framed within the context of scholarly theory and judicial practice arising from various regimes of labor law governing industrial injury, the individual contract of employment, labor-management relations, and fair treatment in the civil aviation industry.A critical survey of labor regulations operating in the international air transport industry is provided through commentary on the principles formulated by judicial decisions and the theories which underlie their reasoning, helping to clarify both substantive and procedural labor laws affecting international air transport.
A critical analysis of different categories of statutory labor law governing international air transport is also provided to assess the validity of commonly-erected conflict of labor law rules, thereby revealing the inadequacy of the single rule principle in view of the unique and perplexing regulatory interests which are inherent in aviation activity. The divergence between domestic labor statutes and Treaties of Friendship, Commerce and Navigation or bilateral air transport agreements also adds a more subtle aspect to the problems explored.
41
Jenkins, Ginger Lee. "Negative Appraisal Correlation to PTSD Symptoms Among Law Enforcement Officers." ScholarWorks, 2019. https://scholarworks.waldenu.edu/dissertations/7155.
Повний текст джерелаАнотація:
Law enforcement officers are exposed to traumatic events through their daily work responsibilities. Traumatic events have increased within recent decades and can have long-term and critical outcomes on officers such as health concerns, long-term psychological issues, social impairment, and work performance. Thus, this quantitative study was conducted to explore negative appraisals of cumulative traumatic events and their relation to post-traumatic stress disorder (PTSD) symptoms in law enforcement officers. Based on the theoretical framework for the study, Ehlers and Clark's cognitive model, negative appraisals involve how an individual interprets a situation, negative appraisals of traumatic events lead to maladaptive behavior and the inability to cope causes persistent PTSD symptoms. Investigative and patrol law enforcement officers from central Florida completed surveys based on cumulative trauma, negative appraisals, and post-traumatic stress symptoms. Results of multiple regression analysis and Pearson's correlation coefficient indicated that cumulative trauma did not predict negative appraisals; however, cumulative trauma and negative appraisals significantly predicted PTSD symptoms. This study can enhance positive social change by encouraging future studies on cognitive processing and the development of specialized prevention and intervention protocols to assist in diminishing long-term effects of traumatic events.
42
Boiron, Hélène. "Vers un systeme européen de responsabilité des entreprises en matière de dommage à l'environnement." Thesis, McGill University, 1996. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=27443.
Повний текст джерелаАнотація:
The objective of this thesis is to contribute to the debate triggered by the Green Paper on Remedying Environmental Damage published by the Commission of the European Communities in March 1993. This Green Paper discussed the relevance and shortcomings of a recourse to the strict liability regime and to a joint compensation fund mechanism as means of remedying environmental damage which take place in the European Union.
43
Short, David 1972. "Assessing the utility of a human rights approach to international environmental protection." Thesis, McGill University, 1995. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=23966.
Повний текст джерелаАнотація:
There is a growing awareness of the inadequacy of the traditional framework of international law as a means of dealing with current environmental problems. This has led to calls for a new approach. In view of the links between the protection of the environment and the protection of human rights, one such approach has been to focus on the development of international human rights law concepts and mechanisms to address environmental concerns.This thesis undertakes a critical assessment of a human rights approach to environmental protection, with the aim of suggesting ways in which it could realistically contribute to the protection of the global environment. I consider how the environment may be protected both through the application of presently accepted human rights and through the establishment of a new human right in relation to the environment. I highlight the objections that are raised from both a human rights perspective and an environmental perspective and examine the substantial conceptual and practical difficulties that are encountered. I ultimately attempt to show that although a human rights approach has serious limitations and is unlikely to fulfill the aspirations of its promoters, it does have modest value as one strand of a much wider strategy for environmental protection under international law.
44
Fortugno, Stefania A. (Stefania Angela). "An ethical and preventive approach to transboundary hazardous waste movements : a view from Canada." Thesis, McGill University, 1993. http://digitool.Library.McGill.CA:80/R/?func=dbin-jump-full&object_id=26200.
Повний текст джерелаАнотація:
The purpose of this study is to examine the issues relating to transboundary hazardous waste movements and the most recent efforts to address them at the international, regional and national levels. The transfer of hazardous wastes from the country of origin to other nations raises a number of environmental, ethical and economic concerns, particularly when developing nations are targeted as waste recipients. This work argues that the only appropriate response is the adoption of an ethical and preventive approach to the transboundary movement and management of hazardous waste. At the national level, prevention in the form of waste minimization and an integrated multi-media approach to hazardous waste management is essential to stem the tide of transboundary waste flows and to ensure environmental and human health protection. This work concludes with an examination of the necessity of a partial or global ban on transboundary waste movements and outlines new directions for sustainable development.
45
Chesterman, Simon. "Just war or just peace? : humanitarian intervention and international law." Thesis, University of Oxford, 2000. https://ora.ox.ac.uk/objects/uuid:a2f9085b-4ca9-4244-bff0-837ea5d4d74b.
Повний текст джерелаАнотація:
The question of the legality of humanitarian intervention is, at first blush, a simple one. The Charter of the United Nations clearly prohibits the use of force, with the only exceptions being self-defence and enforcement actions authorized by the Security Council. There are, however, long-standing arguments that a right of unilateral intervention pre-existed the Charter. The thesis begins with an examination of the genealogy of this right, and arguments that it may have survived the passage of the Charter, either through a loophole in Article 2(4) or as part of customary international law. It has also been argued that certain 'illegitimate' regimes lose the attributes of sovereignty and thereby the protection given by the prohibition of the use of force. None of these arguments is found to have merit, either in principle or in the practice of states. A common justification for a right of unilateral humanitarian intervention concerns the failure of the collective security mechanism created after the Second World War. The thesis therefore examines Security Council activism in the 1990s, notable for the plasticity of the circumstances in which the Council was prepared to assert its primary responsibility for international peace and security, and the contingency of its actions on the willingness of states to carry them out. This reduction of the Council's role from substantive to formal partly explains the recourse to unilateralism in that decade, most spectacularly in relation to the situation in Kosovo. Crucially, the thesis argues that such unilateral enforcement is not a substitute for but the opposite of collective action. Though often presented as the only alternative to inaction, incorporating a 'right' of intervention would lead to more such interventions being undertaken in bad faith, it would be incoherent as a principle, and it would be inimical to the emergence of an international rule of law.
46
Conn, Matthew B. "Feeling same-sex desire: law, science, and belonging in German-speaking central Europe, 1750-1945." Diss., University of Iowa, 2014. https://ir.uiowa.edu/etd/6929.
Повний текст джерелаАнотація:
My dissertation explains how the scientific study of sexuality became laden with emotions and the unforeseen results of this process. It begins with a scholarly tradition, forged during the eighteenth-century Enlightenment, which privileged sentimental articulations of feelings. This tradition helped inspire the late nineteenth-century foundation of sexology, or sexual science.
Sexologists, as their discipline developed alongside the modern rational bureaucratic nation-state, maintained attention to emotive expressions. Sexologists also helped shape the interpretation and enforcement of laws against same-sex acts. While they built authority, however, sexologists lacked consensus. During the first third of the twentieth century, sexologists helped compile defendants' detailed sexual histories, replete with affective articulations of sexual desires, which led to calamitous consequences under National Socialism.
Nazi technocrats utilized these same sexual histories, offered by same-sex attracted persons describing their feelings and actions before 1933, to prosecute them after a 1935 legal revision, which expanded the law's reach from specific acts to general expressions of feelings. My dissertation provides a genealogy of sexual research and the unexpected uses of its findings. It also revises the biography of sexology as an interdisciplinary field, braided with a history of emotions, tracing its previously underappreciated origins, tumultuous apex, and contested legacy.
47
Ramey, Robert A. "Space warfare and the future law of war." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1999. http://www.collectionscanada.ca/obj/s4/f2/dsk1/tape10/PQDD_0030/MQ55106.pdf.
Повний текст джерела
48
Guadamuz, Andres. "Networks, complexity and internet regulation scale-free law." Thesis, University of Edinburgh, 2013. http://hdl.handle.net/1842/7795.
Повний текст джерелаАнотація:
This book, then, starts with a general statement: that regulators should try, wherever possible, to use the physical methodological tools presently available in order to draft better legislation. While such an assertion may be applied to the law in general, this work will concentrate on the much narrower area of Internet regulation and the science of complex networks The Internet is the subject of this book not only because it is my main area of research, but also because –without over-emphasising the importance of the Internet to everyday life– one cannot deny that the growth and popularisation of the global communications network has had a tremendous impact on the way in which we interact with one another. The Internet is, however, just one of many interactive networks. One way of looking at the complex and chaotic nature of society is to see it as a collection of different nodes of interaction. Humans are constantly surrounded by networks: the social network, the financial network, the transport network, the telecommunications network and even the network of our own bodies. Understanding how these systems operate and interact with one another has been the realm of physicists, economists, biologists and mathematicians. Until recently, the study of networks has been mainly theoretical and academic, because it is difficult to gather data about large and complex systems that is sufficiently reliable to support proper empirical application. In recent years, though, the Internet has given researchers the opportunity to study and test the mathematical descriptions of these vast complex systems. The growth rate and structure of cyberspace has allowed researchers to map and test several previously unproven theories about how links and hubs within networks interact with one another. The Web now provides the means with which to test the organisational structures, architecture and growth of networks, and even permits some limited prediction about their behaviour, strengths and vulnerabilities. The main objective of this book is first and foremost to serve as an introduction to the wider legal audience to some of the theories of complexity and networks. The second objective is more ambitious. By looking at the application of complexity theory and network science in various areas of Internet regulation, it is hoped that there will be enough evidence to postulate a theory of Internet regulation based on network science. To achieve these two goals, Chapter 2 will look in detail at the science of complex networks to set the stage for the legal and regulatory arguments to follow. With the increase in reliability of the descriptive (and sometimes predictive) nature of network science, a logical next step for legal scholars is to look at the legal implications of the characteristics of networks. Chapter 3 highlights the efforts of academics and practitioners who have started to find potential uses for network science tools. Chapter 4 takes this idea further, and explores how network theory can shape Internet regulation. The following chapters will analyse the potential for application of the tools described in the previous chapters, applying complexity theory to specific areas of study related to Internet Law. Chapter 5 deals with the subject of copyright in the digital world. Chapter 6 explores the issue of peer-production and user-generated content using network science as an analytical framework. Chapter 7 finishes the evidence section of the work by studying the impact of network architecture in the field of cybercrime, and asks whether the existing architecture hinders or assists efforts to tackle those problems. It is clear that these are very disparate areas of study. It is not the intention of this book to be overreaching in its scope, although I am mindful that it covers a lot of ground and attempts to study and describe some disciplines that fall outside of my intellectual comfort zone. While the focus of the work is the Internet, its applications may extend beyond mere electronic bits. Without trying to be over-ambitious, it is my strong belief that legal scholarship has been neglectful in that it has been slow to respond to the wealth of research into complexity. That is not to say that there has been no legal research on the topic, but it would seem that lawyers, legislators and policy-makers are reluctant to consider technical solutions to legal problems. It is hoped then that this work will serve as a stepping stone that will lead to new interest in some of the theories that I describe.
49
Potvin, Andrew F. "A unified solution to constrained configuration control law design." Thesis, Massachusetts Institute of Technology, 1992. http://hdl.handle.net/1721.1/12759.
Повний текст джерелаАнотація:
Thesis (M.S.)--Massachusetts Institute of Technology, Dept. of Electrical Engineering and Computer Science, 1992.Includes bibliographical references (leaves 74-78).
by Andrew F. Potvin.
M.S.
50
Li, William (William Pui Lum). "Language technologies for understanding law, politics, and public policy." Thesis, Massachusetts Institute of Technology, 2016. http://hdl.handle.net/1721.1/103673.
Повний текст джерелаАнотація:
Thesis: Ph. D., Massachusetts Institute of Technology, Department of Electrical Engineering and Computer Science, 2016.This electronic version was submitted by the student author. The certified thesis is available in the Institute Archives and Special Collections.
Cataloged from student-submitted PDF version of thesis.
Includes bibliographical references (pages 205-209).
This thesis focuses on the development of machine learning and natural language processing methods and their application to large, text-based open government datasets. We focus on models that uncover patterns and insights by inferring the origins of legal and political texts, with a particular emphasis on identifying text reuse and text similarity in these document collections. First, we present an authorship attribution model on unsigned U.S. Supreme Court opinions, offering insights into the authorship of important cases and the dynamics of Supreme Court decision-making. Second, we apply software engineering metrics to analyze the complexity of the United States Code of Laws, thereby illustrating the structure and evolution of the U.S. Code over the past century. Third, we trace policy trajectories of legislative bills in the United States Congress, enabling us to visualize the contents of four key bills during the Financial Crisis. These applications on diverse open government datasets reveal that text reuse occurs widely in legal and political texts: similar ideas often repeat in the same corpus, different historical versions of documents are usually quite similar, or legitimate reasons for copying or borrowing text may exist. Motivated by this observation, we present a novel statistical text model, Probabilistic Text Reuse (PTR), for finding repeated passages of text in large document collections. We illustrate the utility of PTR by finding template ideas, less-common voices, and insights into document structure in a large collection of public comments on regulations proposed by the U.S. Federal Communications Commission (FCC) on net neutrality. These techniques aim to help citizens better understand political processes and help governments better understand political speech.
by William P. Li.
Ph. D.