1,671 research outputs found
Hans Kelsen’s God and The State: The Theory of Positive Law as methodological Anarchism
Este artículo pone la obra de Hans Kelsen, God and the State, en el horizonte de God and the State de Bakunin. Esto facilita a la metodología de Kelsen el hecho de manifestarse como una delimitación del hegelianismo de izquierda de Feuerbach y su ulterior radicalización en Bakunin. La separación del derecho de Kelsen de cualquier fundamento diferente del derecho mismo prefigura la discusión sobre la relación entre derecho y vida en el estudio teórico italiano contemporáneo sobre el concepto de biopolítica. En lugar de una simple inversión del procedimiento metodológico de Kelsen, la discusión debería centrarse en la distinción entre derecho y vida, sin detenerse en la oposición entre materialidad de la vida y abstracción del derecho prefigurado en la obra de Kelsen.This article situates Hans Kelsen’s essay, God and the State, against the horizon of Bakunin’s God and the State. This enables Kelsen’s methodology to be revealed as a circumscription of Feuerbach’s Left Hegelianism and its further radicalization in Bakunin. Kelsen’s separation of law from any foundation other than in law itself prefigures the question of the relationship between law and life in contemporary Italian theoretical work on the notion of biopolitics. In place of a simple reversal of Kelsen’s methodological procedure, the question should centre upon distinguishing law from life without repeating the opposition between the materiality of life and the abstraction of law prefigured in Kelsen’s text
The populist disruption : juridico-political reflections on democracy, law and rights.
In the current conjuncture, populism describes the disruption of the definition of, and connection between, democracy, law and rights. It represents the challenge to both the existing forms of political representation of the people and to the wider juridico-political framework or institutions of democracy. In contrast to predominantly political analyses of this populist phenomenon, which have rendered the relationship of populism to positive law peripheral, the focus will upon a juridico-political analysis of populism. The analysis will concentrate upon the central aspects of the relationship between populism and positive law (Law and Morality; Law and Rights and Law and Violence).En la coyuntura actual, el populismo describe la interrupción de la definición y la conexión entre democracia, ley y derechos. Representa el desafío tanto para las formas existentes de representación política del pueblo como para el marco jurídico-político más amplio o las instituciones de la democracia. En contraste con los análisis predominantemente políticos de este fenómeno populista, que han hecho que la relación del populismo con el derecho positivo sea periférica, la atención se centrará en un análisis jurídico-político del populismo. El análisis se concentrará en los aspectos centrales de la relación entre populismo y ley positiva (Ley y Moralidad; Ley y Derechos y Ley y Violencia)
The Relationship Between Collectivism and Climate: A Review of the Literature
Collectivism is one of the well-researched dimensions of culture that pertains to an individual’s relationship to an in-group. Organisational climate, on the other hand, is predominantly defined as the shared perceptions of employees about their working environment. In spite of the long tradition of both constructs in the literature, the conceptual relationship between collectivism and climate has oftentimes been neglected. This paper explores this relationship by presenting (1) the conceptual overlap between culture and climate; (2) the congruence between collectivism and climate in terms of levels of conceptualisation and analysis; (3) the apparent influence of collectivism on organisational processes and practices that have been the domain of climate studies; and (4) the apparent influence of collectivism on climate outcomes. This paper also offers some recommendations to guide future studies including suggestions to have more empirical investigation to strongly establish the relationship between collectivism and climate, to investigate facets of climate simultaneously, to extend the link between climate and other work outcomes, to engage in multi-level research, and to explore how collectivism influences climate formation and change
State, law and prosecution : the emergence of the modern criminal process 1780-1910
This thesis deals with the emergence of the modern criminal process in England between 1780 and 1910 . It seeks to investigate this period from a standpoint which regards this development of the criminal process as intimately related to its internal structure and self-understanding. This is understood to occur through transformations in institutional structures produced by both the practices of the elements within it, and changes in the theoretical conceptualisation of the structure of the criminal process. The character of these developments, and the tendencies which they evince, are seen to be generally negative from the perspective of a theory of society which is intimately connected with an interest in emancipation. The relation between law, state and democracy is seen to be an essentially problematic one which does not conform to the ideas of progress, equality or liberty but to the maintenance of the survival of a social system which is seen as constantly at risk from a threatening environment of individuals whose obedience to the structure of the social order must be obtained continuously.
The thesis is the result of original research which draws upon both original and secondary sources. The methodology used in writing the thesis is a combination of historical analysis and theoretical perspectives. There is a focus upon modern developments and it is hoped that the thesis will inform current debate on the future of the criminal process.
The thesis is divided into four main chapters which concentrate upon particular parts of the criminal process in both their specificity and in their relation to the system and society as a whole. The first deals with the development of the institutional autonomy of the "New Police", during the nineteenth century, setting it in the context of the system of local governance. The second examines the system of prosecution describing the failure to institute a system of public prosecution and the predominance of the "New Police" as prosecutors in a system which remained private merely in form. The third deals with the position of the defendant during this process of transformation in the criminal process and presents its evolution as one which accorded with internal systemic considerations of the criminal process, and not as one which could be seen as the unfolding of the concept of freedom, equality or universality. The fourth deals with the creation of the Court of Appeal in 1907 which is seen, not as the institutional embodiment of justice, but as the product of the internal concerns of the Home Office Criminal Department with the systemic coherence and legitimacy of the criminal process
Momentum dynamics of one dimensional quantum walks
We derive the momentum space dynamic equations and state functions for one dimensional quantum walks by using linear systems and Lie group theory. The momentum space provides an analytic capability similar to that contributed by the z transform in discrete systems theory. The state functions at each time step are expressed as a simple sum of three Chebyshev polynomials. The functions provide an analytic expression for the development of the walks with time.Ian Fuss, Langord B. White, Peter J. Sherman, Sanjeev Naguleswara
Rayleigh and depinning instabilities of forced liquid ridges on heterogeneous substrates
Depinning of two-dimensional liquid ridges and three-dimensional drops on an
inclined substrate is studied within the lubrication approximation. The
structures are pinned to wetting heterogeneities arising from variations of the
strength of the short-range polar contribution to the disjoining pressure. The
case of a periodic array of hydrophobic stripes transverse to the slope is
studied in detail using a combination of direct numerical simulation and
branch-following techniques. Under appropriate conditions the ridges may either
depin and slide downslope as the slope is increased, or first breakup into
drops via a transverse instability, prior to depinning. The different
transition scenarios are examined together with the stability properties of the
different possible states of the system.Comment: Physics synopsis link:
http://physics.aps.org/synopsis-for/10.1103/PhysRevE.83.01630
Seasonal and diurnal trends in concentrations and fluxes of volatile organic compounds in central London
Concentrations and fluxes of seven volatile organic compounds (VOCs) were measured between August and December 2012 at a rooftop site in central London as part of the ClearfLo project (Clean Air for London). VOC concentrations were quantified using a proton transfer reaction mass spectrometer (PTR-MS) and fluxes were calculated using a virtual disjunct eddy covariance technique. The median VOC fluxes, including aromatics, oxygenated compounds and isoprene, ranged from 0.07 to 0.33 mgm􀀀^-2 h^-􀀀1. Median mixing ratios were 7.3 ppb for methanol and < 1 ppb for the other compounds. Strong relationships were observed between the fluxes and concentrations of some VOCs with traffic density and between the fluxes and concentrations ofisoprene and oxygenated compounds with photosynthetically active radiation (PAR) and temperature. An estimated 50–90% of the fluxes of aromatic VOCs were attributable to traffic activity, which showed little seasonal variation, suggesting that boundary layer effects or possibly advected pollutionmay be the primary causes of increased concentrations of aromatics in winter. Isoprene, methanol and acetaldehyde fluxes and concentrations in August and September showed high correlations with PAR and temperature, when fluxes andconcentrations were largest suggesting that biogenic sources contributed to their fluxes. Modelled biogenic isoprene fluxes from urban vegetation using the Guenther et al. (1995) algorithm agreed well with measured fluxes in August andSeptember. Comparisons of estimated annual benzene emissions from both the London and the National Atmospheric Emissions Inventories agreed well with measured benzene fluxes. Flux footprint analysis indicated emission sourceswere localised and that boundary layer dynamics and source strengths were responsible for temporal and spatial VOC flux and concentration variability during the measurement period
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