103 research outputs found

    Global standards of Constitutional law : epistemology and methodology

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    Just as it led the philosophy of science to gravitate around scientific practice, the abandonment of all foundationalist aspirations has already begun making political philosophy into an attentive observer of the new ways in which constitutional law is practiced. Yet paradoxically, lawyers and legal scholars are not those who understand this the most clearly. Beyond analyzing the jurisprudence that has emerged from the expansion of constitutional justice, and taking into account the development of international and regional law, the ongoing globalization of constitutional law requires comparing the constitutional laws of individual nations. Following Waldron, the product of this new legal science can be considered as ius gentium. This legal science is not as well established as one might like to think. But it can be developed on the grounds of the practice that consists in ascertaining standards. As abstract types of best “practices” (and especially norms) of constitutional law from around the world, these are only a source of law in a substantive, not a formal, sense. They thus belong to what I should like to call a “second order legal positivity.” In this article I will undertake, both at a methodological and an epistemological level, the development of a model for ascertaining global standards of constitutional law

    Toward a Critical Race Realism

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    Reassessing the Fighting Performance of Conscript Soldiers During the Malvinas/Falklands War (1982)

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    While the idea is controversial, it is quite possible that, at least under certain circumstances, the fighting effectiveness of a conscript army can equal that of a professional army. For any army, fighting effectiveness is not only influenced by the degree of psychological cohesion among soldiers and officers, but also by the organizational culture of each particular service unit towards the preparation for war and the waging of the conflict itself. The Malvinas (Falklands) War of 1982 demonstrates this very well. In this war, two different types of armies confronted one another: the British army, a professional and all volunteer force, and the Argentine army constituted principally of conscripted soldiers. In this regard, some analysts assert that the British concept was vindicated when a force of British professional soldiers defeated an opposing Argentine force of draftees twice as numerous. Analysts in general have rated the capabilities of the Argentine land forces as poor, although there were exceptions and some units performed very well. These cases deserve to be studied. Notably, the most effective Argentine effort came from some small Army units and one Navy unit, the 5th Marine Battalion. For these units, two primary reasons account for the differences in fighting performance. First, small Army groups fought well because there was cohesion among their components, conscripts, noncommissioned officers, and junior officers, especially by the attitude of the latter. Secondly, in the case of the Marine battalion, its performance was the product not only of good training, but also of the different institutional approach to waging war that the Argentine Navy employed. These, in turn, improved cohesion. By focusing upon these units and their effectiveness, a rather new picture of the Malvinas War comes to light that differs quite substantially from those drawn in the immediate aftermath of the war itself. It should also make us rethink the lessons of the war, including those that surround the professionals versus conscripts controversy

    Noncomparabilities & Non Standard Logics

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    Many normative theories set forth in the welfare economics, distributive justice and cognate literatures posit noncomparabilities or incommensurabilities between magnitudes of various kinds. In some cases these gaps are predicated on metaphysical claims, in others upon epistemic claims, and in still others upon political-moral claims. I show that in all such cases they are best given formal expression in nonstandard logics that reject bivalence, excluded middle, or both. I do so by reference to an illustrative case study: a contradiction known to beset John Rawls\u27s selection and characterization of primary goods as the proper distribuendum in any distributively just society. The contradiction is avoided only by reformulating Rawls\u27s claims in a nonstandard form, which form happens also to cohere quite attractively with Rawls\u27s intuitive argumentation on behalf of his claims

    Priorities for synthesis research in ecology and environmental science

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    ACKNOWLEDGMENTS We thank the National Science Foundation grant #1940692 for financial support for this workshop, and the National Center for Ecological Analysis and Synthesis (NCEAS) and its staff for logistical support.Peer reviewedPublisher PD

    Priorities for synthesis research in ecology and environmental science

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    ACKNOWLEDGMENTS We thank the National Science Foundation grant #1940692 for financial support for this workshop, and the National Center for Ecological Analysis and Synthesis (NCEAS) and its staff for logistical support.Peer reviewedPublisher PD

    Roadmap on energy harvesting materials

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    Ambient energy harvesting has great potential to contribute to sustainable development and address growing environmental challenges. Converting waste energy from energy-intensive processes and systems (e.g. combustion engines and furnaces) is crucial to reducing their environmental impact and achieving net-zero emissions. Compact energy harvesters will also be key to powering the exponentially growing smart devices ecosystem that is part of the Internet of Things, thus enabling futuristic applications that can improve our quality of life (e.g. smart homes, smart cities, smart manufacturing, and smart healthcare). To achieve these goals, innovative materials are needed to efficiently convert ambient energy into electricity through various physical mechanisms, such as the photovoltaic effect, thermoelectricity, piezoelectricity, triboelectricity, and radiofrequency wireless power transfer. By bringing together the perspectives of experts in various types of energy harvesting materials, this Roadmap provides extensive insights into recent advances and present challenges in the field. Additionally, the Roadmap analyses the key performance metrics of these technologies in relation to their ultimate energy conversion limits. Building on these insights, the Roadmap outlines promising directions for future research to fully harness the potential of energy harvesting materials for green energy anytime, anywhere
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