Search

The article is devoted to the analysis of the validity of changes in the practice of the Grand Chamber of the Supreme Court, which should be considered as a deviation from previously formulated legal positions regarding the effective way of protecting the law, using the mutatis mutandis principle. It is emphasized that scientists have the right to carry out a critical analysis of judicial practice in the context of its compliance/non-compliance with the doctrine. A distinction was drawn between the right to interpret laws by the court and the exercise of discretionary powers, in which the degree of discretion is assessed as unreasonable and excessive; the use of used lecture structures is argued. Attention is focused on the inadmissibility of the practical implementation of individual, arbitrarily selected elements of the scientific debate into judicial practice, in particular, concerning the principle of stare decisis and the justification with its help of the right to judicial rule-making - in the form of a precedent that de facto already exists in practice and is recognized by theory, but, being called precedent, is not identical with classical English precedent. The analysis was carried out according to three vectors corresponding to different periods and appropriated standards of judicial practice. The first is a change in the position from “a mistake in choosing an effective method of defense as an independent reason for refusing a claim” to “a refusal to resolve a dispute due to the ineffectiveness of the method of defense chosen by the plaintiff can actually be considered as a limitation of the right to access to court.” The second is the introduction of a flexible approach to understanding the principle of dispositiveness and moving away from an overly formal assessment of the “proper claim”, which “cannot be considered by the courts as an improper method of protection”. The third already marks the conclusion “about the interpretation” of the claim, mutatis mutandis - for the purpose of full protection of the right in one process. The conclusion states that the interpretation (interpreting) of the claim contradicts the principle of dispositiveness, and its flexible interpretation in favor of such an interpretation will violate the right of the other party, who will not be able to predict the result of such an interpretation when constructing and proving its own position. Courts’ excessive fascination with innovations - with the usurpation of the right to rulemaking and departure from the doctrine - is unlikely to contribute to justice. This is indirectly indicated by frequent deviations from previous legal positions, which do not contribute to legal certainty. [ABSTRACT FROM AUTHOR]

The question of the textual functioning of mythonyms in the poetic heritage of I.A. Bunin is raised. The relevance of the topic is due to the interest of linguists in the problem of artistic text-building, in particular the author’s preference in vocabulary selection, as well as the unresolved issue of modeling Bunin’s onomasticon. The purpose of the study is to describe the textual connections of mythological names, through which meaningful and conceptual information is explicated and a subtext is formed. The research material included the scientific edition (by Professor T.M. Dvinyatina) of I.A. Bunin’s poetry, from which 272 units were extracted by continuous sampling. The factual material was systematized and interpreted with the descriptive, taxonomic, quantitative methods, contextual analysis, modeling. Standing out against the background of different layers of the Bunin’s vocabulary, mythological names interact with each other, with other semantic subgroups of onyms, appellatives, attributive and verbal vocabulary. The author notes that mythoanthroponyms and theonyms have the richest syntagmatic connections. Contextual synonymy is found in demononyms, mythoanthroponyms, mythopersonyms, mythoponyms and theonyms; and contextual antonymy is found in mythoponyms and mythopersonyms. The intertextual nature and the precedent level determine the associative connections of Bunin’s mythonymicon units. It is concluded that the textual functioning of mythonyms is determined by I.A. Bunin’s intention to overcome the particularization of cultural worlds and create such an individual author’s mythopoetic space where images and plots already familiar to readers are constantly enriched with new meanings. The prospects of the work include the study of Bunin’s prose mythonymicon and the textual connections of mythonyms in it, which will allow to create a consistent onomastic model of Bunin-writer.

The significance of the research lies in addressing the critical issue of judicial misinterpretation by the Supreme Court of the Republic of Kazakhstan, which is subsequently mirrored by subordinate courts, potentially infringing upon citizens' rights and freedoms. This study aims to thoroughly develop theoretical frameworks to enhance constitutional and legislative measures in Kazakhstan, thereby increasing the efficacy of legal norm interpretation and its impact on criminal justice administration. Utilizing analysis and comparative legal methods, this research examines various statutes and scholarly theories to ensure the theoretical and practical soundness, objectivity, and credibility of the findings. The investigation identifies legislative gaps, particularly in the Constitution of the Republic of Kazakhstan and the Law of the Republic of Kazakhstan No. 480-V "On Legal Acts" and administration of criminal justice, proposing amendments for legislative enhancement and advocating for the incorporation of case law into the Kazakh legal system. [ABSTRACT FROM AUTHOR]

Socialist courts are supposed to apply the law, not make it, and socialist legality denies judicial decisions any precedential status. In 2011, the Chinese Supreme People's Court designated selected decisions as Guiding Cases to be referred to by all judges when adjudicating similar disputes. One decade on, the paucity of citations to Guiding Cases has been taken as demonstrating the incongruity of case-based adjudication and the socialist legal tradition. Citations are, however, an imperfect measure of influence. Reproduction of language uniquely traceable to Guiding Cases can also be evidence of their impact on judicial decision-making. We employ a local alignment tool to detect unattributed text reuse of Guiding Cases in local court decisions. Our findings suggest that Guiding Cases are more consequential than commonly assumed, thereby complicating prevailing narratives about the antagonism of socialist legality to case law. [ABSTRACT FROM AUTHOR]

Copyright of Revista Derecho del Estado is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article analyzes the use of precedent by the European Court of Human Rights. It examines the various types of precedents in the practice of the Court and how they are utilized. It discusses different methods of development of case law, including overruling precedents, branching of the case law, and fragmentation of the case law. The article also proposes guidelines for the orderly development of case law.

n prezentul articol am realizat un studiu complex a aspectelor practice privind aplicabilitatea jurisprudenței CtEDO la judecarea căilor de atac în cadrul procesului penal. Lucrarea conține analiza aspectelor teoretice și practice ce vizează soluționarea problemelor procesuale prin apelare la practica Curții Europene a Drepturilor Omului, abordând în cadrul procesului penal importanța precedentului CtEDO și determinarea necesității de aplicare a acestuia. Articolul evidențiază importanța aplicării precedentului Curții Europene, ca izvor de drept în cadrul procesului penal, fiind analizate premisele și consecințele aplicabilității jurisprudenței CtEDO la judecarea căilor de atac.

Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article considers two different interpretations of the reason model of precedent pioneered by John Horty. On a plausible interpretation of the reason model, past cases provide reasons to prioritize reasons favouring the same outcome as a past case over reasons favouring the opposing outcome. Here I consider the merits of this approach to the role of precedent in legal reasoning in comparison with a closely related view favoured by some legal theorists, according to which past cases provide reasons for undercutting (or 'excluding') reasons favouring the opposing outcome. After embedding both accounts within a general default logic, I note some important differences between the two approaches that emerge as a result of plausible distinctions between rebutting and undercutting defeat in formal models of legal reasoning. These differences stem from the 'preference independence' of undercutting defeat. Undercutting reasons succeed in defeating opposing reasons irrespective of their relative strength. As a result, the two accounts differ in their account of the way in which precedents constrain judicial reasoning. I conclude by suggesting that the two approaches can be integrated within a single model, in which the distinction between undercutting and rebutting defeat is used to account for the distinction between strict and persuasive forms of precedential constraint. [ABSTRACT FROM AUTHOR]

The Supreme Court has wide discretion to choose the cases it will decide. But how does the Court exercise this discretion? The Supreme Court’s rules explain that it may hear any case “important” enough for it to decide. Unsurprisingly, commentators have criticized this standard as “hopelessly indeterminate” and “intentionally vague.” The Court, however, has said more about how it decides whether to grant review. We need simply to look to its merits opinions. These decisions sometimes offer a brief, informative description of the decision to grant review. These oft-overlooked statements may, in aggregate, be suggestive of trends in the Court’s agenda-setting discretion. This Article presents a text and data analysis of thousands of Supreme Court opinions describing the reason for granting review, collectively illuminating which cases are important enough to merit certiorari. This view into certiorari helps reveal which cases earn the Court’s attention and how the Court’s priorities change over time. This analysis finds, for example, that the Court’s docket shifts in response to large events (e.g., depressions and wars) and to significant political developments (e.g., landmark legislation). And, perhaps more concerning, individual appointments also shape the Court’s docket. The Court should thus better explain its decisions to grant review in the mode of a common law of certiorari. Doing so can improve the interbranch dialogue over judicial reform, offer better information to litigants, and instill greater confidence in our Supreme Court.

Prezentul articol este un studiu complex al aspectelor practice privind impactul jurisprudenţei CtEDO asupra soluţionării cauzelor penale. Lucrarea conţine analiza aspectelor teoretice și practice ce vizează soluţionarea chestiunilor procesuale prin apelare la practica Curţii Europene a Drepturilor Omului, abordând în cadrul procesului penal importanţa precedentului CtEDO și determinarea necesităţii de aplicare a acestuia. Articolul evidenţiază importanţa aplicării precedentului Curţii Europene ca izvor de drept în cadrul procesului penal, fiind analizate premisele și consecinţele aplicabilităţii jurisprudenţei CtEDO.

This Article draws on research into precedent and the European Court of Justice to argue that it is distinctive in almost never retreating from a standpoint it has taken, or overturning an earlier judgement, by contrast with other Supreme Courts where this is a more common occurrence. The Article then considers the implications of this finding for research into the relationship between the Court and other actors, such as Member States, litigants and institutions. It suggests that in considering how the Court may be influenced and constrained this research takes insufficient account of its apparently limited capacity to change doctrinal direction. Evidence of doctrinal path dependence needs to be a more central part of discussions of the Court as a relational actor.

This article introduces the phenomenon of intentionality in media texts with a precedent phenomenon in the headline. The author studied the way intentionality develops, functions, and structures itself. Journalists often incorporate precedent phenomena into the media text to demonstrate their intention and creativity. However, the intentional nature of online texts is a major text-forming feature that makes the sender choose particular linguistic means to affect the addressee. The intentional potential of using precedents from different subject areas in media texts showed the following trends: the corpus of precedents expands, and precedent units redistribute themselves relative to the core and periphery.

Introduction. Until today, the prevailing opinion is that precedent did not play a significant role in the legal system of Rome. However, a number of sources, in particular the papyrus entries of judgement which record the provincial legal practice in Roman Egypt in the period from the 1st to the 3rd centuries, say otherwise. The significant role of precedent in the legal system of Rome is also evidenced with the texts of M. Tullius Cicero, M. Fabius Quinctilian, Pseudo-Asconius, G. Julius Victor. Theoretical analysis. The study of these texts makes it possible to understand what terms the Romans used to denote an authoritative judicial decision, what semantic content they put into them, and how close this content is to the modern idea of a judicial precedent. To designate a court decision that becomes a model, and which judges will be guided by when considering other cases with similar circumstances, Roman talkers use the terms res iudicata, praeiudicium, and exemplum. The precedent, in its classical sense, contains the fundamental legal provisions formulated by the judge in relation to this case, which are usually denoted by the term ratio dicendi. The question arises whether the decision of the court in Rome could establish these legal principles followed by other judges. Empirical analysis. The answer to this question can be obtained by considering the case of the so-called Fulcinian Estate. Being the representative of Caecina in this case, Cicero warns the recuperators against accepting the arguments of his opponent, Piso, based on the legal consequences of their possible decision. Thus, in this case, the judges could issue a decision containing a new legal principle, formulate a generalized legal position in relation to this case. Results. Court decisions in the legal system of Rome had the power of authority. They possessed it for a reason, due to the generalized legal reasoning or legal principles formulated by the judges in relation to the situation under consideration. That is why they became precedents. There were many such court decisions in Rome, they had sufficient authority and contained certain legal principles that judges applied when considering cases with similar circumstances.

This article examines the issue of the creation of case law in regard to interim measures in civil proceedings. Taking into account the rules for the formation of court precedents, the author assesses how court precedents are created by applying interim measures. The article draws attention to the peculiarities of the court system of Lithuania in the formation of court practice regarding interim measures. It is emphasized that, at this moment, there is no single institution in the Lithuanian legal system that forms the final case law on issues of interim measures, and on certain issues the case law is contradictory. The article also analyzes the right of the cassation court to create case law on interim measures. Lastly, the author offers suggestions on how to solve the issues discussed. [ABSTRACT FROM AUTHOR]

This Article draws on research into precedent and the European Court of Justice to argue that it is distinctive in almost never retreating from a standpoint it has taken, or overturning an earlier judgement, by contrast with other Supreme Courts where this is a more common occurrence. The Article then considers the implications of this finding for research into the relationship between the Court and other actors, such as Member States, litigants and institutions. It suggests that in considering how the Court may be influenced and constrained this research takes insufficient account of its apparently limited capacity to change doctrinal direction. Evidence of doctrinal path dependence needs to be a more central part of discussions of the Court as a relational actor. [ABSTRACT FROM AUTHOR]

This article reflects on one of the challenges Gerald Postema’s account of the autonomy thesis poses to Raz’s pre-emption thesis in judicial practice and precedent. Certain flaws in the pre-emption thesis, as applied to courts, come to light upon analyzing the autonomy challenge, whereas some aspects of the former are better understood from the perspective of the latter. This work shows that, although these two theses seem to clash, the autonomy challenge leads instead to an alternative approach to the pre-emption thesis that allows exploring some disregarded relationships between judicial practical reasoning and precedent. Drawing from this Raz-Postema debate, I argue for an alternative reading of the autonomy challenge by introducing the hermeneutic strategy of courts (HeSCo) as a tool to analyze the role of officials as addressees of exclusionary legal directives and its explanatory force. The HeSCo ultimately unravels the paradox by holding the pre-emption thesis as central to the proper understanding of judicial practice and precedent.

The description of the history of early Rome (VIII-IV centuries BC) in the works of ancient authors is usually perceived as a mythological legend, which shifts the focus of scientific discussion to assessing the degree of reliability of the events being told. As a result, the normative-value and legal significance of ancient legends sufficient attention of researchers. The oral and therefore naturally plastic nature of archaic law creates additional difficulties for its modern study, in contrast to numerous and well-studied legislative texts. The author proposes to refer to modern types of legal understanding and turn down strict positivism with the aim of expanding the boundaries of legal analysis, rethinking the legend (on the example of Lucius Junius Brutus), recognizing it as a source of Roman law, and reconstructing its criminal law content. For this purpose, using socio-psychological, historical-legal, formal-logical and other scientific methods, the author singles out that part of the story that was not lost, but was steadily reproduced from generation to generation. The surviving core of the legend remained in history because it carried socially significant information modeling of behavior (behavioral stereotypes) of the ancient Romans. The article shows that children`s execution by the first republican magistrate not only legitimized the right of paternal power (patria potestas), but also proclaimed the priority protection of the public interest (civitas) that became the cornerstone of the Roman legal order. The legend set a special imperative for citizens, shaped their worldview and sense of justice. From the criminal law standpoint, this precedent fixed the standard of both prohibited behavior and retribution for it, i.e., a measure of justice, broadcast the requirements of the inevitability and personal nature of responsibility, laid foundation for the requirement of legal equality of all citizens before the law. Ultimately, the legend set the vector for the development of Roman criminal law, which led to the formation of its principles, many of which are accepted and developed in modern legal systems.

Copyright of Ruch Prawniczy, Ekonomiczny i Socjologiczny (0035-9629) is the property of Adam Mickiewicz University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This article examines the issue of the creation of case law in regard to interim measures in civil proceedings. Taking into account the rules for the formation of court precedents, the author assesses how court precedents are created by applying interim measures. The article draws attention to the peculiarities of the court system of Lithuania in the formation of court practice regarding interim measures. It is emphasized that, at this moment, there is no single institution in the Lithuanian legal system that forms the final case law on issues of interim measures, and on certain issues the case law is contradictory. The article also analyzes the right of the cassation court to create case law on interim measures. Lastly, the author offers suggestions on how to solve the issues discussed.

The article is devoted to the study of the features of the metaphorization of toponyms in Russian and Arabic. During the study, more than 1350 articles using metaphorical toponyms were analyzed using the methods of comparative analysis, contextual analysis, descriptive analysis, and quantitative analysis. Studying the works of different researchers on toponyms proved that any toponym has some kind of cultural component, which contributes to the metaphorization of some toponyms. When metaphorizing toponyms turn into symbols. Russian and Arabic journalists metaphorize toponyms, since the metaphor not only expresses the attitude of the author, his assessment of this or that phenomenon of reality, but also influences the reader’s opinion. Toponymic metaphors evoke many additional associations and awaken the cultural memory of the addressee. Some toponyms are subject to deonymization, which is manifested in their writing with a lowercase letter and the use in the plural. According to our observations, the largest group of our material is represented by those toponyms that are associated with war events, which is a natural result of the relevance of the topic “War” in the life of any nation. The toponyms of our material are usually accompanied by territorial, temporal and so on characteristics.

The article is devoted to the topical issues of analysis and systematization of sources of Sports and Civil Law. The role of sports in the development of modern society is constantly growing. The development of civil and sports legal relations requires the systematization of the sources of Sports Law, which should harmonize the entire complex of normative legal acts in the field of physical culture and sports. This would make it possible to develop educational programmes for training future specialists in this field, and would raise the legal resolution of disputes in this field to a more professional level. State policy and private financing in this area require a qualitatively new level of legal regulation. This requires the creation and systematization of legal norms regulating sports relations. In particular, among the issues that require a legislative solution are the regulation of the legal status of the athlete, the peculiarities of the protection of the rights and interests of the subjects of sports relations, and more. For this, first of all, it is necessary to determine the legal sources of Civil and Sports Law and unify them with international legal sources. Civil and Sports Law has its own sources of law. This is the basis for its inclusion in the structure of the civil legislation of Ukraine. Systematization of civil sports legislation should be carried out through codification. This is explained by the presence of a large number of sources of Sports Law, which contain conflict of laws rules and do not always meet international requirements and standards, as a rule, they are of a general nature. It will also help to eliminate the gaps and contradictions that currently exist in the legal acts regulating the relationship between physical culture and sports. In addition, Civil and Sports Law will meet international standards, the legal status of professional athletes and other subjects of sports legal relations will become more protected, research in the field of Private Law regulation of social relations arising in the field of physical culture and sports will be intensified, it will make it possible to establish the procedure for consideration of disputes between subjects of sports legal relations more transparent.

În prezentul articol este cercetat conceptul executării hotărârilor CtEDO de către autoritatea naţională judiciară cu definitivarea raţionamentelor de aplicare a precedentului judiciar în cadrul procesului penal. Totodată, au fost abordate premisele de utilizare a jurisprudenţei ca izvor de drept în cadrul procesului penal cu relevarea particularităţilor executării hotărârilor CtEDO în cadrul procesului penal. Prin cercetarea efectuată a fost realizată o investigaţie complexă a aspectelor teoretico-legislative privind executarea hotărârilor CtEDO în cadrul procesului penal în calitate de izvor de drept. În lucrare sunt formulate concluzii şi recomandări care pot constitui un fundament ştiinţific pentru eventuale modificări legislative. În prezentul studiu a fost identificat rolul Curţii Europene şi al Consiliului Europei în vederea asigurării executării şi respectării hotărârilor CtEDO de către autorităţile judiciare naţionale. De asemenea, studiul denotă rolul activ al puterii judecătoreşti în procesul implementării şi executării hotărârilor Curţii Europene în Republica Moldova

Copyright of Precedente is the property of Universidad ICESI and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Jurídica (0103-3506) is the property of Revista Juridica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Direito e Práxis is the property of Editora da Universidade do Estado do Rio de Janeiro (EdUERJ) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The most obvious difference between civil law and the common law system is that the civil law system is a codified system, followed by legislation covering this area, while common law is based mainly on case law. The basic principle that applies is that earlier court decisions, usually of higher courts, made in a similar case, should be followed in later cases, ie that precedents should be respected. The paper points out that in civil law the main principles and rules are contained in the text of the law, while case law is only a secondary source of law. On the other hand, common law is predominantly based on court decisions already made. Civil law is based on the application of the law, and common law on the creation of rights. Courts in the civil law system resolve specific cases by applying and interpreting legal norms, while in common law courts, while resolving disputes, and also provide guidance on how similar disputes should be resolved in the future, so that court decisions create legislation.

The article presents the follow-up to a previous article which expounds the thesis that in all developed legal systems court judgments can be sources of general rules and standards that will constraint the courts, as decisionmakers, and then, consequently, other legal subjects, even if they are not formally recognized as sources of law. In this article, the normative reasons in favor of performing the regulative function of the judiciary are first presented, with the most important ones being predictability and equ ality. It is then shown in which direction the regulative function could be performed by the judicial power of a typical continental system, if the judiciary, as a whole, accepts to perform it.

The article presents two theses. The first is that previous court judgments can be "sources" of general rules and standards that will constraint the courts, as decision-makers, even if they are not formally established as legally binding. The second is that it should be so for several reasons - the most important being predictability and equality. In this part of the article the concepts of separation of powers, types of state functions, and judicial power are explained. The reasons why the judicial power can perform the law-making function in a legal system in which it is not formally established are presented. As an illustration of how the system in which courts perform a law-making function works, the application of the doctrine of stare decisis in the USA is described. Finally, several decisions of the Constitutional Court of Serbia that indicate similar practice in Serbian legal system are analyzed.

Objective: to carry out a legal and dogmatic analysis of the legislative structure of the “conflict of interests” concept and its constituent categories in order to ensure the applied tasks of effective law enforcement and prevention of corruption risks determined by a conflict of interests.Methods: the dialectical approach to the cognition of socio-legal phenomena, which allows identifying the unity of opposites in the legal categories that form the conflict of interests concept; the formal-logical method of scientific cognition, presented in the legal-dogmatic analysis of legislative norms; the method of operationalization of concepts.Results: the conducted comparative legal research, expressed in a combination of methods of analysis and synthesis of legal categories aimed at obtaining comparative knowledge, allows correlating their content with respect to the “conflict of interests” concept in proportion to the goals of law enforcement. A legal and linguistic analysis of legal categories has been carried out, the totality of which forms the content of the “conflict of interests” concept. Abstract and definite norms of categories are highlighted in the context of the proof necessary to ensure their connection (presence and absence) with legal facts.Scientific novelty: the term “normative ‘tiered structure’” was introduced into the scientific circulation of legal science, which comprehensively reflects the operational definition of the complex socio-legal phenomena described in composite legal categories. The theoretically presented phenomenon of the normative “tiered structure” conflict of interest in the discreteness of its constituent concepts and dispositive legal categories causes high risks of distortion or erroneous interpretations. These risks are formed out of court, initially registered in the decisions of the conflicts of interest settlement commissions. Prevention of such risks is ensured not only by the involvement of experts who, in addition to legal knowledge and professional-industry knowledge, also have moral and ethical foundations, the bearers of which are the arbiters of precedent law enforcement.Practical significance: the main provisions of the article can be used in practical activities to provide evidence of de jure manifestations of a conflict of interests. The revealed regulatory collisions and the incomplete legal regulation of public relations in the sphere of “personal interest” require improving the anti-corruption legislation in terms of simplifying the concept used for law enforcement purposes.

This study aims at exploring the road rage behavior using extreme legal cases of Korea. This study uses a topic modeling algorithm with a text embedding technique to classify the road rage by characteristics (i.e., type, behavior, damage, punishment, and context). We collected 39 representative cases of the road rage from precedent data in Korea. We used nominalizing keywords and a latent Dirichlet allocation (LDA) algorithm of topic modeling among text mining techniques to analyze each case’s criminal facts and punishment. After preprocessing by indexing with a coherence score, we set the appropriate number of topics. Through the study, it was confirmed that the model has the highest explanatory power with five topics. We further analyze the five topics for occurrence and subsequent road rage, method of realizing road rage, psychological state of the offenders during road rage, method of collecting evidence of road rage, and type and extent of the damage. By categorizing the keywords, we derive the road rage cases by type. Through this study, precedents dealing with criminal cases of road rage were analyzed to derive the types and causes of retaliatory driving. This result is expected to be used as basic data for the enactment of road rage policies and laws in the future.

Background. The object of research is the processes of development, testing and intended use of existing and promising space assets. The subject of the study is ways to improve the quality of functioning of automated control systems during state tests of samples of space assets. The aim of the work is to develop a decision support system that allows automating the process of parrying emergency situations when testing promising samples of space assets. Materials and methods. When developing a decision support system, the main attention is paid to the formation of a structural scheme of the database and the possibility of using the method of reasoning based on precedents. Results. An approach to the implementation of a decision support system using a mechanism of reasoning based on precedents in the expert diagnostics system is proposed. This approach makes it possible to monitor the technical condition of space assets in a timely and more qualitative manner and makes it possible to make adequate decisions in order to resolve problematic situations. Conclusions. The developed decision support system helps to reduce the information burden on the official in the decision-making process, to reduce the influence of subjectivity factors in analyzing the current situation, to increase the efficiency of decision-making at the stage of testing space assets while monitoring their technical condition. The proposed device is proposed to be used to automate the processes of test analysis and operational search for the resolution of abnormal and emergency situations when testing promising space assets.

The purpose of this article is to analyze the scope of the rescission action for violation of the judicial precedent, specifically in contained list of art. 927, CPC15. Having verified this, a proposal arises to apply the same rule to arbitration awards. Based on the specialized literature on the subject, it is possible to affirm both the admissibility of rescission action in jurisdictional judgments, and of annulment action in arbitral judgments that violate judicial precedents. Therefore, the activity of the arbitral court is equivalent to the judicial pronouncements, it is not being correct to admit that, on the one hand the court is subject to the precedent and, on the other hand, the arbitral court is free from its observance.

The problem of research of business processes related to the organization and management of projects to create the new complex technical products in aerospace, shipbuilding, and other fields of mechanical engineering is stated and solved. The relevance of the study is related to the planning of a set of business processes, taking into account the architectural representation of the complex product being created. The study aims to develop a new method of synthesis of the multilevel complex of business processes to manage the creation of new technology, taking into account the multi-component representation of the complex product architecture. Much attention is paid to the complex product architecture, which is presented as a set of interconnected components. The following component types are outlined: components that can be reused; components that can be adapted to the requirements of the new product; innovative components. The types of components are studied in terms of the building of the set of business processes on their creation, taking into account the main indicators (costs, execution time, risks). Using the positive experience of past developments in the form of ready-to-use business processes helps to minimize the risks, and the new business solutions in their turn ensure the competitiveness of the complex product. The information base of positive past business processes in the form of precedents base is being built. The precedents base is used to find the close analogs of ready-to-use business processes. The set of business processes related to the management of complex product creation is formed. It has a multilevel representation that fully corresponds to the tree-like component architecture of the complex product. The method to synthesize the complexity of business processes that are planned to perform the tasks on the management of projects on creation of complex products for the developing enterprise is constructed. It is based on the “from top to bottom” system design principle. The optimization model to find the minimum costs, time, and risks in the process of business processes creation that takes into account the multilevel structure of the business process is built. The simulation event-based model in the form of a related agent set is used to study the successful execution of planned business processes related to the creation of the complex product. The results of this study should be used in the practice of creating innovative technical products that have a complex multi-level component architecture for the organization and planning of business processes related to development management. Mathematical methods used: systems analysis, precedent theory, lexicographic ordering, component design, integer optimization, simulation modeling.

The purpose of this article is to explain what prohairesis is in the philosophy of Epictetus, for which we will collect its main features, namely, (I) that the achievement of happiness (or the achievement of virtue) depends entirely on the use we give to our prohairesis, and (II) that prohairesis is the highest thing among all which belong to human being. So three complex questions need to be addressed: (1) How does prohairesis relate to the rational faculty ...?, (2) How does prohairesis relate to the faculty that uses representations ... And, last but not least, (3) How does prohairesis relate to the ruling part of the soul (...)? According a comparative reading of several key passages, in this article we show that only the first two questions are answered by an identity relationship. About the third question, we argue that prohairesis is a faculty belonging to hēgemonikón, a conclusion that turns away from common postures in specialized literature. [ABSTRACT FROM AUTHOR]

The present study has, as its unit of analysis, the first mandatory precedent issued by the Court of Transparency and Access to Public Information of Peru (TTAIP). The instrumental conception of the technique of the precedent stands out, as well as its suitability to elaborate specific rules that help define the actions of the subjects obliged by the law, in the face of a case of exception for the delivery of public access information. The analysis of the arguments of the precedent was carried out through the scheme of legal reasoning proposed by Manuel Atienza, which consists of three levels: formal, material, and pragmatic. This methodological strategy makes it possible to assess the extent to which said statement contributes to strengthening compliance with the duties related to the treatment of the information requested from public administration entities, within the framework of the constitutional rule of law. [ABSTRACT FROM AUTHOR]

Objective: to study the innovative activity of the judicial authorities of the Russian Federation.Methods: dialectical approach to the cognition of social phenomena, which determined the choice of the following research methods: formal-logical, comparative-legal, and sociological.Results: the article attempts to comprehend the court activity as creative activity introducing many novelties to the interpretation of factual circumstances, to the understanding of legal values, and to the implementation of the latter. A court decision is always innovative to the extent that it introduces a novelty into the law and fact interpretation, to the extent that it gives an answer to a question that allowed for different decisions, and to the extent that it removes the existing uncertainty. The level of innovativeness depends on the state of actual circumstances, the level of established judicial practice, the novelty and degree of certainty of legal norms, the sufficiency of legislative regulation, as well as on the competence of a particular court. Courts are often producers of scientific ideas, political and legal concepts, legal and moral principles of law. In this case, the mutual connection between legal science and practice is emphasized. On the one hand, it is judicial practice that feeds the development of the legal sciences, and on the other hand, this practice itself is constantly fertilized by the intelligence of scientific research addressed to it.Scientific novelty: innovations in court decisions are permissible if they meet the general requirements of constitutionalism, are made within the framework of the substantive law and do not go beyond the authorities of the relevant body. Various court decisions are innovative to varying degrees, but they do not lose their other positive qualities if innovation is viewed only in a subjective light in relation to the given circumstances and given participants in public relations. Recognition of the innovative nature of judicial activity at the theoretical level requires the full-fledged legal recognition of judicial precedent as a source of Russian law.Practical significance: the conclusions and provisions of the article can be used in scientific, legislative and law enforcement activities, the educational process of educational organizations of higher education.

Copyright of Anali Pravnog Fakulteta u Beogradu is the property of University of Belgrade, Faculty of Law and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article discusses the meaning and effect of section 13 of the Civil Code, which may arguably concern unity in judicial (and other) decisions and the need of explanation for a divergence from "precedent". It contends that this provision does not per se create any obligation to follow previous decisions, but merely to explain why the court in a later case came to a different conclusion. If a "precedent" is neither a judgment ("nález") of the Constitutional Court nor a specially published decision of another high-level court, it is up to the parties in the proceedings to draw the court's attention to it. Otherwise they cannot legitimately expect the court to expressly discuss such prior decision. [ABSTRACT FROM AUTHOR]

The computer has evolved from a tool to a privileged position where architectural design takes shape. Given that students are expected to work primarily in a computational environment and frequently in a collaborative way, some questions challenge and inspire us to consider new ways and methods that will aid in the creation and sharing of information and ideas. The dynamic of the architectural investigation process is the beginning point for our research, which aims to stimulate the architectural exploration process through the design and implementation of a computational environment based on a library of referents. In this paper, we try in particular to understand the characteristics of the design environment in architecture, therefore concerning the description and references of the library in the design dynamics. The referents' representation is viewed as a collection of descriptions in a distinct format. It is available to students and allows for new interpretations, interaction with their content, and eventually, knowledge acquisition during the architectural investigation process. [ABSTRACT FROM AUTHOR]