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Bush, Elizabeth. "The Escape of Oney Judge: Martha Washington's Slave Finds Freedom (review)." Bulletin of the Center for Children's Books 60, no. 10 (2007): 430–31. http://dx.doi.org/10.1353/bcc.2007.0356.
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English, Sarah D., Stephanie Denison, and Ori Friedman. "Expectations of how machines use individuating information and base-rates." Judgment and Decision Making 17, no. 3 (May 2022): 628–45. http://dx.doi.org/10.1017/s1930297500003600.
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AbstractMachines are increasingly used to make decisions. We investigated people’s beliefs about how they do so. In six experiments, participants (total N = 2664) predicted how computer and human judges would decide legal cases on the basis of limited evidence — either individuating information from witness testimony or base-rate information. In Experiments 1 to 4, participants predicted that computer judges would be more likely than human ones to reach a guilty verdict, regardless of which kind of evidence was available. Besides asking about punishment, Experiment 5 also included conditions where the judge had to decide whether to reward suspected helpful behavior. Participants again predicted that computer judges would be more likely than human judges to decide based on the available evidence, but also predicted that computer judges would be relatively more punitive than human ones. Also, whereas participants predicted the human judge would give more weight to individuating than base-rate evidence, they expected the computer judge to be insensitive to the distinction between these kinds of evidence. Finally, Experiment 6 replicated the finding that people expect greater sensitivity to the distinction between individuating and base-rate information from humans than computers, but found that the use of cartoon images, as in the first four studies, prevented this effect. Overall, the findings suggest people expect machines to differ from humans in how they weigh different kinds of information when deciding.
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Pages, J. "Contribution of multiple factor analysis to sensory data study." OENO One 30, no. 4 (December 31, 1996): 221. http://dx.doi.org/10.20870/oeno-one.1996.30.4.1713.
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<p style="text-align: justify;">Multiple Factor Analysis (MFA) deals with data in which a set of individuals is described by several sets of variables. Such data are frequently encountered in sensory analysis, for example whcn we wartt to compare panels, or to point out relationships between sensory data and chemical data. We present an application of MFA to data in which 50 sparkling wines (including 26 champagnes) are evaluated by 32 assessors (amateurs and oenologists) through 24 descriptors. Here, wines play the role of individuals ; the variables are the 32 x 24 descriptors ; one group gathers descriptors associated to a single assessor.</p><p style="text-align: justify;">In this example, some questions are particularly important.</p><p style="text-align: justify;">What are the main factors in the perception of these wines ? Are descriptors correlated ? Were champagnes perceived different than the other wines ? Do amateurs perceived these wines as oenologists ? Are chemical data correlated to sensory data ?</p><p style="text-align: justify;">This application shows the interest of MFA, which provides firstly classical results of factor analysis. Thus, graphical displays of wines and of descriptors point out a clear opposition between the champagnes and the other wines. Champagnes were perceived more sparkling (this result is interesting because effervescence is subjected to a glass effect which usually masks differences between wines), with a stronger taste and aroma of old wines. From a chemical point of view, champagnes have a high measured effervescence and a low level of S02.</p><p style="text-align: justify;">MFA provides also results specifie to such multiple tables :</p><p style="text-align: justify;">- graphical displays of variables groups ; here a group corresponds to a judge (each one contains the descriptors used by one judge) that is to say to the wines configuration associated to one judge. On this graphie, judges who globally perceived the wines in the same inanner are close one to the other. In this application, surprisingly, there is no clear distinction between amateurs and oenologist.</p><p style="text-align: justify;">- graphical displays of wines according to each judge. The 32 configurations of wines (each one for a singlejudge) are superimposed, as in procrustes analysis (the principles of the two methods are different but, from the point of view of this graphie, they are similar). This study shows wines perceived quite in the same manner by the different judges, and wines which are subject of various judgements.</p><p style="text-align: justify;">- a set of canonical correlation coefficients : here they indicate that the first factor of MFA, which opposes champagnes to the other wines, is common to quite all groups (that is to say to all judges).</p><p style="text-align: justify;">All these results derive from a single analysis. Thus it is possible to study, in a unique framework, all the aspects of wines variability and judges variability.</p>
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Fokov, A. P. "DOCTRINAL POSITION OF THE INDEPENDENCE OF THE JUDICIARY IN WORKS OF V. I. ANICHINA." Proceedings of the Southwest State University 21, no. 6 (December 28, 2017): 173–77. http://dx.doi.org/10.21869/2223-1560-2017-21-6-173-177.
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The article is in memory of Vera Ivanovna Anishina, Doctor of Law, Professor of the Russian State University of Justice, Chairman of the 2nd Judicial Collegium for Administrative Cases of the Supreme Court of the Russian Federation. The author of the article highlights the basic doctrinal provisions of the independence of the judiciary in the writings of Professor V.I. Anishina, highlights the scientist's contribution to improving the mechanism of the judge's responsibility in the Russian Federation. Many topical issues are being touched on the judiciary in the Russian Federation. The author analyzes numerous works of the scientist in the field of the principles of the administration of justice and discloses the content of the principles of independence and independence of judges. Conclusions are drawn about the need to change the system of principles of law, by adding new ones. The idea of a new qualitative approach to the formation of a system of constitutional and legal ideas of the modern development of the judiciary in the Russian Federation is being put forward. Based on the assumption of the need to reform the system of bringing the judge to justice, ideas are offered regarding the mechanism for bringing the judge to legal responsibility on the basis of the ideas of Judge V.I. Anishina, who participated in the consideration of the complaints of judges, deprived of the status of a judge and appealing decisions of the qualification collegiums of judges and the highest qualification board of judges in the country's highest judicial body, other scientists and international experience. It is concluded that the mechanism of judicial responsibility must be enshrined in the federal law "On the responsibility of a judge in the Russian Federation". Current conclusions, having elements of scientific novelty, made by the author in the work, correlate with the available sources on the topic of the research, supported by theoretical research.
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Muñoz L., Fernando. "Not Only ‘Who Decides': The Rhetoric of Conflicts over Judicial Appointments." German Law Journal 14, no. 8 (August 1, 2013): 1195–207. http://dx.doi.org/10.1017/s2071832200002236.
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A well-known maxim of all kinds of legal realism is that the identity of judges matters a great deal. The most famous account of this tenet is the apocryphal statement attributed to Jerome Frank declaring that what matters in the law is “what the judge ate for breakfast.” While Frank never put that in print, he did say that the “peculiar traits, disposition, biases and habits of the particular judge will, then, often determine what he decides to be the law;” in short, that “the personality of the judge is the pivotal factor in law administration.” A more epigrammatic and elegant summary of this position was given by none other than Carl Schmitt, who declared that “[w]hat matters for the reality of legal life is who decides.”
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Falah KASASSBEH, Hussein. "KUFAH'S JUDGES IN THE SECOND ABBASID PERIOD ( 232-334/846-945)." RIMAK International Journal of Humanities and Social Sciences 05, no. 02 (March 1, 2023): 893–916. http://dx.doi.org/10.47832/2717-8293.22.51.
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Objectives: This study aims to know what the nature of Kufah’s judges, and the authority of appointing them in the second Abbasid period. It also aims to clarify their characteristics, qualifications, specializations, doctrines, ethnic origins, social backgrounds, and their relations with the Caliph and the various administrative bodies. Methodology: In Kufah, 18 judges were counted in a specific period of time, and by tracing their lives in the primary sources, their biographies were studied and the common points between them were explored to reach the results according to the historical research method. The primary material was collected from its original sources, the novels were compared and analyzed, then the positive internal criticism was applied. Then sorting them out, excluding the unreliable ones, subjecting the reliable ones to negative internal criticism, and then formulating the historical material. Results: The results of the study show that the judiciary in the first Abbasid period was an official religious institution, and the choice of who would take over was one of the competences of the Caliph, regardless of the influences he was subject to or the consultations and opinions he might hear when choosing any judge. The results of this study also show the qualities and qualifications of judges. These qualifications may differ from one judge to another, but in their entirety they emphasize good qualities and high qualifications. Their knowledge was not limited to the sciences of the Arabic language and its literature, history and genealogy, but the religious sciences were among the most important sciences that the judges were keen to acquire, so most of them were scholars of Hadith and jurists, who belonged to different schools of thought: six of them were Hanafi judges, two were Shafi’i judges, and two were Maliki. The three Sunni doctrine prevailed in Kufah, and the Hanbali doctrine was absent there. Among the results of this study is the strength and rigor of the judge's exercise of his authority and the breadth and diversity of his competences. In addition to the purely judicial tasks, some of them practiced work of a judicial or non-judicial nature. As for the social backgrounds of the Kufah’s judges, their origins were diverse, dating back to different cities and multiple families. The origins of two of the eighteen judges of Kufah were of Ajami origins, and the rest were descended from different Arab tribes. Conclusion: Like the rest of the cities of the Abbasid Caliphate, the judge of Kufah enjoyed a decent position that enabled him to practice his work under clear sovereignty that contributed to the application of rulings to the people of Kufah away from the interference of the administrative authority in the state
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Gudyma, M. "Independence of judges as a constitutional principle and deontological basis of the judicial profession." Analytical and Comparative Jurisprudence, no. 2 (May 11, 2024): 748–55. http://dx.doi.org/10.24144/2788-6018.2024.02.123.
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A permanent condition for the justice and effectiveness of the domestic judiciary composes the observance of the constitutional principles of its implementation, mainly the principle of independence, both in the aspect of the judicial system and in relation to the legal profession. The principle of independence of judges should be considered as a mega-principle that has its demonstration in legal, ideological, economic, social, and other aspects. It is through the prism of the first two of the notable ones that the work examines the principle of independence. Having analyzed the legislative regulation and scientific approaches to the disclosure of the principle of independence, its dual nature is reasoned, the content of which is revealed through such a status of judges and the state of the judiciary as a whole, which provides for the implementation of judicial activity without any illegal influence, pressure or interference, but guided by the rule of law. It has been proven that the submission of judges to the rule of law acts as an additional guarantee of their independence and a reasonable limitation aimed at avoiding lawlessness and arbitrariness. Having revealed the meaning of the constitutional principle of independence of judges, the publication draws attention to the deontological principles of judicial activity, it is substantiated that the internal imperatives of judicial ethics, the basis of which is the demand for independence, determine the main vectors of building relations between the judge and other participants in the judiciary, ensure his resistance to various temptations to depart from impartiality in the case in their own interests or the interests of other subjects. It has been proven that internal independence is an individual duty of each judge, which comes from the moral and ethical qualities of a specific person and forms necessary potential for the effectiveness of his activity. After analyzing the legal regulation, including the principles of moral culture of judges at the level of the Constitution, a conclusion was formulated regarding the need for legislative consolidation of the fundamental moral qualities of a candidate for the position of judge and their main characteristics, as well as the development of clear methods of their verification for the proper formation of the judicial corps and the effective implementation of the judiciary.
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Góralski, Wojciech. "O właściwe rozumienie posługi sędziego kościelnego. Ze spotkania papieża Franciszka z Trybunałem Roty Rzymskiej." Biuletyn Stowarzyszenia Kanonistów Polskich 24, no. 27 (August 28, 2023): 55–63. http://dx.doi.org/10.32077/bskp.5932.
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The Author discusses the speech of Pope Francis delivered to the judges, officials and other collaborators of the Tribunal of the Roman Rota on 24 January 2014 (on the occasion of the inauguration of the judicial year) concerning the ecclesiastical judge. In the first part of the speech, Pope Francis paid attention to the pastoral dimension of the judicial ministry in the Church – which represents a service to the truth and justice – aimed to purpose the good of the faithful and to build up the Christian co mm unity. In the second part, the Pope characterizes a profile of the ecclesiastical judge in the following aspects: human, judicial and pastoral ones. Based on the speech of Pope Francis, the Author refers to the issues present in the teaching of Paul VI, John Paul II and Benedict XVI.
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Khomyshyn, I. "Legal mechanism of dismissal and termination of judge authorities: problem aspects." Analytical and Comparative Jurisprudence, no. 4 (September 14, 2023): 645–51. http://dx.doi.org/10.24144/2788-6018.2023.04.101.
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The article identifies the problems of the legal mechanism for the dismissal and termination of a judge’s powers, formulates directions for improving the legislation of Ukraine, which regulates the dismissal of a judge from office and the termination of his official powers. The following problems of the legal mechanism for the dismissal and termination of a judge’s powers have been identified: 1) constant changes in the legislation lead to the presence of a number of transitional provisions, differentiation of the grounds and mechanism for the termination of a judge’s legal status; 2) the unequal scope of rights and opportunities of a judge when implementing such a legal guarantee upon dismissal as a lifetime financial support for a retired judge, depending on the facts of passing a qualification assessment, being appointed to a position after September 30, 2016, and having worked as a judge for at least three years after that date, as well as the rules for calculating judicial seniority depending on the date of election to the position; 3) establishment of a judge’s non-compliance with the qualification evaluation criteria is an additional ground for the judge’s dismissal from office, which is not provided for by the Constitution of Ukraine; 4) the imperfection of the legislative changes to the list of grounds for terminating the legal status of a judge, in particular in the part of not taking into account the fact of the expiration of the five-year term of appointment of a large number of judges and the impossibility of terminating the legal status of a judge on this basis, created uncertainty in the status of employees; 5) the evaluative nature of the categories of materiality, rudeness, bias, intent in the judge’s actions leads to different perceptions of the presence or absence of grounds for dismissal as a disciplinary sanction; 6) differentiation of the statute of limitations for bringing to disciplinary responsibility depending on the time of illegal actions; 7) the absence of such grounds as the reinstatement of an employee who previously performed this work among the constitutional grounds for terminating the legal status of a judge, which makes it difficult to implement court decisions on the reinstatement of a judge; 8) the alternative of the norm on the possibility of stopping the consideration of an application for voluntary dismissal or resignation during the consideration of a complaint or application within the framework of disciplinary proceedings; 9) actual removal from the circle of persons who may be held administratively liable under Art. 172-6 of the Code of Administrative Offenses, judges, in respect of whom a decision was made to dismiss them from office due to deficiencies in the legislative technique of legal regulation of the mechanism for dismissing a judge from office; 10) reflection of the widespread in society phenomena of legal nihilism, low level of legal culture and on the members of the Supreme Council of Justice as a disciplinary body in the judicial sphere; 11) attempts by the authorities to use the mechanism of dismissal of judges from political ones.
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Aziz, Muhammad. "Hakim Perempuan Dalam Perspektif Hukum Islam Dan Hukum Positif Indonesia." AKADEMIKA 11, no. 1 (June 30, 2017): 21–32. http://dx.doi.org/10.30736/akademika.v11i1.42.
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The judicial institution in a country is very strategic and decisive one for being used to resolve all public disputes and punish those who violate the law in accordance with the emering rules. This judicial institution is needed in an effort to answer and solve all social problems along with the development and the dynamics in the community. A judge is an authority aimed at resolving the various conflicts and creating justice for the community, and judges are leading actors in solving the problems. Therefore judges in acting and taking decisions must be based on so-called ijtihad. The phenomenon of women's involvement as judges in administering judicial power in the Religious Courts has undergone several phases of change. This condition is strongly influenced by the striking discrepancy of fiqh viewpoints about the religious (syar'i) legality in looking at women in the public sphere, especially in the judiciary. One of the reasons of Muslim scholars in questioning the female judges is due to their duties and responsibilities. On this stand, the Muslim scholars, thingkers and mujtahid have their own points of view that are different from one another. This refusal does not mean ignoring the judicial institution, but rather they consider it fardhu kifayah. Therefore, what is to be revealed in this study is the Islamic law and Indonesian positive law perspectives about female judges. This study concludes that the study of female judges in the perspectives of Islamic law is polarized on several permitting and prohibiting poles and the ones permitting women to serve as judges are only in their involvement in civil cases not in criminal ones. While based on the perspective of Indonesian positive law the female judges are a must in the legal treasures in Indonesia
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Hryshchuk, Oksana. "Judicial Integrity through the Lens of Modern Social Transformations." Slovo of the National School of Judges of Ukraine, no. 1(30) (July 30, 2020): 6–25. http://dx.doi.org/10.37566/2707-6849-2020-1(30)-1.
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The most important factors of building and maintaining public confidence in the judiciary are extralegal social factors are of great for. The active development of a postmodern society poses new challenges, one of them is the "post-truth" phenomenon, that gives rise to the circumstances in which objective facts are less influential in shaping public opinion than appeals to emotion and personal belief. This leads to a peculiar interpretation of the facts on social media, which doesn’t always represent the facts, but may contains their selective and non-exhaustive interpretation. Therefore, the whole traditional value system got under blow,since facts doesn’t occupy a leading position in Western democracies. The issue of spreading the post-truth in the judicial sphere, adversely affects public legal awareness and confidence in the judiciary,particularly, inciting hatred and misinformation in the media results in putting pressure on judges.Because ofthe social context and new conditions of a postmodern society, the judicial authorities and every judge nowadays must be prepared for the possible challenges related to such an environment. It seems,trere are two types of these challenges : the ones related to the integrity of the judges and those related to communication with representatives of civil society. Today integrityis associated, above all, with the virtues of the judge and the standards of ethical conduct for judges.The judge's ethical standards are enshrined in Bangalore Principles of Judicial Conduct and reflected in the Code of Judicial Ethics, which state that the exercise of the right of everyone to judicial protection sets high demands on the moral qualities of each judge. It seems that the judicial integrity may be regarded as a result of implementing ethical standards and principles in each judge's behaviour. Civil society's demand is high in terms of the judicial integrity, and it is particularly exacerbated in transitional democracies, during a period of active reformation processes, when many issues may be shifted from the political plane to the plane of judgement. Moreover, there is not enough today for a judge to be virtuous, because society demands openness of the court procedures, and therefore the problem of judicial communication is raised. As we can see, judicial authorities and judges are aware of the communication importance and are willing to communicate with civil society, in particular, most courts in Ukraine have developed communication strategies; active participation of courts and judges on social networking is in evidence. Keywords: post-truth, court, integrity, professional ethics of judges, judicial communication.
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Bobek, Michal. "On the Application of European Law in (Not Only) the Courts of the New Member States: ‘Don’t Do as I Say’?" Cambridge Yearbook of European Legal Studies 10 (2008): 1–34. http://dx.doi.org/10.1017/s1528887000001245.
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In the classical narratives of the story called European integration, national judges are said to have a ‘mandate’ under European law: they are ‘empowered’ by EC law or, in the less thrilling versions of the story, they simply become ‘Community judges’. Not only are national judges obliged to apply substantive EC law, they are also requested to apply it in the way required by the Court of Justice. How, precisely, national judges are asked to apply EC law in domestic courts has traditionally been portrayed through the case law of the Court of Justice; not much attention has been paid to the reality in national courts. Over the years, the case law of the Court of Justice has created an image of a veritable European judicial Hercules: a judge who reads in many of the official languages of the European Union; who knows not only all the relevant national and European law, which he or she applies ex officio, but also engages in comparative interpretation of the law; who identifies him- or herself with the European telos which he or she is applying on the national level; and so on.
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Zhang, ZhiYao, XiaoJun Zhou, Tong Ye, Rui Liang, ZuJun Qin, and Yong Liu. "A novel bit-error indicating scheme using only one judge threshold." Chinese Science Bulletin 54, no. 20 (October 2009): 3674–78. http://dx.doi.org/10.1007/s11434-009-0291-3.
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Pansu, Pascal, and Michel Dubois. "The effects of face attractiveness onpre-selective recruitment." Swiss Journal of Psychology 61, no. 1 (March 2002): 15–20. http://dx.doi.org/10.1024//1421-0185.61.1.15.
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The aim of this study was to determine how facial attractiveness of applicants influences pre-selective evaluation in two different occupational fields (one relational and one non-relational). A total of 224 participants (working individuals and students) were asked to judge a fictitious applicant based on a resumé (applicant’s qualifications: highly vs. less qualified) and a photograph (attractive vs. unattractive). Overall, the results showed that facial-attractiveness effects on interpersonal judgments are not absolute, and that their occurrence partly depends on the situation in which the judgments are made. Regardless of occupational field, when the applicants were highly qualified (whether attractive or unattractive) they were systematically judged positively, whereas in the case of less qualified applicants, facial attractiveness differentially affected judgments in the two occupational fields: less-qualified but attractive applicants were only judged more favorably than less-qualified and unattractive ones when the job involved relational skills.
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Summers, Alicia, and Corey Shdaimah. "One Family, One Judge, No Continuances." Juvenile and Family Court Journal 64, no. 1 (January 2013): 35–44. http://dx.doi.org/10.1111/jfcj.12002.
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Levene, Merrick, Daisy Z. Hu, and Ori Friedman. "The glow of grime: Why cleaning an old object can wash away its value." Judgment and Decision Making 14, no. 5 (September 2019): 565–72. http://dx.doi.org/10.1017/s1930297500004861.
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AbstractFor connoisseurs of antiques and antiquities, cleaning old objects can reduce their value. In five experiments (total N = 1,019), we show that lay people also often judge that old objects are worth less when cleaned, and we test two explanations for why cleaning can reduce object value. In Experiment 1, participants judged that cleaning an old object would reduce its value, but judged that cleaning would not reduce the value of an object made from a rare material. In Experiments 2 and 3 we described the nature, age and origin of the traces that cleaning would remove. Now participants judged that cleaning old historical traces would reduce the object’s value, but cleaning recently acquired traces would not. In Experiment 4, participants judged that the current value of an old object is reduced even when it was cleaned in ancient times. However, participants in Experiment 5 valued objects cleaned in ancient times as much as uncleaned ones, while judging that objects cleaned recently are worth less. Together, our findings suggest that cleaning objects may reduce value by removing valued historical traces, and by changing objects from their historic state. We also outline potential implications for previous studies showing that cleaning reduces the value of objects used by admired celebrities.
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Partyk, Aleksandra. "Relationship between a deceased person and their close one versus compensation amount." Prawo w Działaniu 58 (2024): 215–43. http://dx.doi.org/10.32041/pwd.5807.
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The issue of deciding court cases basing on unconstrained evaluation by a judge is immanently connected to the matter of the motives and mechanisms utilised during a decision-making process. This problem fits into the object of interest of interdisciplinary cognitive studies. The issue presented in the text is based on the regulation in force in Polish tort law, which grants the closest relatives of the deceased the right to seek compensation after death of the deceased. The article presents an analysis conducted based on surveys filled out by 213 individuals including several groups of lawyers (also judges) as well as nonlawyers. The participants worked on one of two, partly diverse cases – differing in the figure of the person claiming benefits after the death of a loved one (husband or informal partner) and whether the couple had a child together. The survey results confirm it is hard to predict how the harm may be evaluated not only in the group of lawyers but also in the group of nonlawyers. In general, respondents see a basis for granting benefits to the relatives of the deceased. The outcomes of the research give reasons for formulating the suggestion that compensation cases ought to be adjudicated by courts which rule as collegial bodies (comprising lay judges and professional judges).
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Del Mar, Maksymilian. "Imagining by feeling: a case for compassion in legal reasoning." International Journal of Law in Context 13, no. 2 (May 12, 2017): 143–57. http://dx.doi.org/10.1017/s1744552317000088.
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AbstractThis paper argues that feeling compassion (and other relational emotions) makes an important, beneficial difference in adjudication, as it improves the exercise of the perspectival imagination – that is, it helps a judge to better understand, and to better describe, a situation as another person experienced it. Even where a judge has a highly developed capacity for empathy and sympathy (these being cognitive and evaluative processes that are distinguishable from emotions), there is something to be gained by a judge actually feeling compassion. However, given the potential for the distortion of understanding as a consequence of feeling compassion, any such feeling has to be accompanied by the robust exercise of the perspectival imagination – that is, by imagining multiple perspectives (including sometimes constructing imaginary ones), so as to avoid privileging any one perspective over others. It is further argued that this ‘imagining by feeling’, as I call it in this paper, is not a threat to impartiality or the rule of law, but in fact a condition of it. It is part of the rule of law that people have a right to be heard, especially those whom we may otherwise find it difficult to understand. Imagining by feeling helps judges to better ‘hear’ a greater diversity of those who come before them, and thus helps the judiciary to improve the quality of the rule of law.
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Baude, William, and Ryan Doerfler. "Arguing with Friends." Michigan Law Review, no. 117.2 (2018): 319. http://dx.doi.org/10.36644/mlr.117.2.arguing.
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Judges sometimes disagree about the best way to resolve a case. But the conventional wisdom is that they should not be too swayed by such disagreement and should do their best to decide the case by their own lights. An emerging critique questions this view, arguing instead for widespread humility. In the face of disagreement, the argument goes, judges should generally concede ambiguity and uncertainty in almost all contested cases. Both positions are wrong. Drawing on the philosophical concepts of “peer disagreement” and “epistemic peerhood,” we argue for a different approach: A judge ought to give significant weight to the views of others, but only when those others share the judge’s basic methodology or interpretive outlook—i.e., only when those others are methodological “friends.” Thus textualists should hesitate before disagreeing with other textualists, and pragmatists should hesitate before disagreeing with like-minded pragmatists. Disagreement between the two camps is, by contrast, “old news” and so provides neither camp additional reason for pause. We also suggest that judges should give weight to the views of all of their methodological friends, not just judges. And we suggest, even more tentatively, that our proposal may explain and, to some extent, justify the seemingly ideological clusters of justices on the Supreme Court. The most productive disagreements, we think, are ones that come from arguing with friends.
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Palmirski, Tomasz. "PRAWNOKARNA ODPOWIEDZIALNOŚĆ SĘDZIEGO ŹLE WYPEŁNIAJĄCEGO SWOJE OFFICIUM." Zeszyty Prawnicze 4, no. 1 (May 30, 2017): 27. http://dx.doi.org/10.21697/zp.2004.4.1.02.
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The Criminal Liability of a Judge Wrongly Fulfilling His officiumSummaryBribing judges was an indispensable element of the lawsuits, especially criminal, which is reflected both in the acts issued to prevent bribery and the literature.The oldest regulations concerning this issue are included in the Law of the XII Tables, which were handed down by Aulus Gellius. It is evident from this Law that index or arbiter who adjudged in favour of the person from whom he received money, was sentenced to death. The issue of corruption appears also in the sources of the late republic. It is evident that the attempts to fight against the judges’ corruption were made in a series of acts, among others, in lex Sempronia ne quis iudicio circumveniretur. This act concerned only those who had the senatorial status and who sentenced the accused not because he was guilty but because they were bribed. In the period of the early principate and probably until the end of the classical law era, the liability of the judge was regulated above all by two acts: lex Cornelia de sicariis and lex Iulia de repetundis. However, on the basis of the passages referring to the scope of applying lex Cornelia in the principate period it appears that it is impossible to point the particular stages of the development of a corruptible judge’s liability. It can be only supposed that the original scope of the act’s applicability to the cases threatened with a death sentence in which the acquittal of the accused was adjudged, was later broadened to other crimes. Whereas, on the basis of legis Iuliae the one who, after taking a bribe, sentenced, acquitted or gave yet another verdict in compliance with the briber’s wish, was liable to a penalty. It should be stressed that this law referred not only to judges in criminal cases but also in civil ones (iudexzs well as arbiter). According to Paulus who comments on the act, lex Cornelia de sicariis provided deportation to an isle and confiscation of the property, whereas the penalty provided for in lex Iulia de pecuniis repetundis, as reported by Macer, was an exile. In case of more serious crimes such as accepting property benefit and passing a death sentence to an innocent person, the penalty was death or deportation to an isle. Iudices pedanei provided for dismissal from the curia to which the judge belonged to or an exile. In the period of principate lex Cornelia testamentaria nummaria (de falsis) dated 81 BC, issued by Sulla, was applied to the liability of a judge. This act originally referred to cases of forging wills and coins and later also to cases of giving and receiving property benefits to present false evidence and bribe a judge. Lex Cornelia testamentaria provided for a death sentence in case of sentencing humiliores. Honestiores were treated in a more mild way since they were sentenced to the confiscation of property and exile with deprivation of citizenship.
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Bonini, Nicolao, and Michel Gonzalez. "Inconsistent Probability Estimates of a Hypothesis." Experimental Psychology 52, no. 1 (January 2005): 55–66. http://dx.doi.org/10.1027/1618-3169.52.1.55.
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Abstract. This paper studies consistency in the judged probability of a target hypothesis in lists of mutually exclusive nonexhaustive hypotheses. Specifically, it controls the role played by the support of displayed competing hypotheses and the relatedness between the target hypothesis and its alternatives. Three experiments are reported. In all experiments, groups of people were presented with a list of mutually exclusive nonexhaustive causes of a person’s death. In the first two experiments, they were asked to judge the probability of each cause as that of the person’s decease. In the third experiment, people were asked for a frequency estimation task. Target causes were presented in all lists. Several other alternative causes to the target ones differed across the lists. Findings show that the judged probability/frequency of a target cause changes as a function of the support of the displayed competing causes. Specifically, it is higher when its competing displayed causes have low rather than high support. Findings are consistent with the contrastive support hypothesis within the support theory.
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Sivertsen, Sveinung S. "On the Practical Impossibility of Being Both Well-Informed and Impartial." Erasmus Journal for Philosophy and Economics 12, no. 1 (July 24, 2019): 52–72. http://dx.doi.org/10.23941/ejpe.v12i1.377.
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Adam Smith argued that the ideal moral judge is both well-informed and impartial. As non-ideal moral agents, we tend only to be truly well-informed about those with whom we frequently interact. These are also those with whom we tend to have the closest affective bonds. Hence, those who are well-informed, like our friends, tend to make for partial judges, while those who are impartial, like strangers, tend to make for ill-informed ones. Combining these two traits in one person seems far from straightforward. Still, if becoming well-informed is, as Smith also claims, a matter of imaginative perspective-taking with the “person principally concerned” (TMS, I.i.1.4, 13), it might be possible to become well-informed without the emotional entanglement that comes from any actual proximity to those we judge. Against this intuition, I use Construal Level Theory to show that the tension between being well-informed and impartial is likely to persist even if we take any actual proximity out of the equation. I end by discussing some implications of this, and suggest that we should consider revising the ideal to accommodate them.
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Pathre, Tanmayee, and Jeremy Marozeau. "Temporal Cues in the Judgment of Music Emotion for Normal and Cochlear Implant Listeners." Trends in Hearing 27 (January 2023): 233121652311705. http://dx.doi.org/10.1177/23312165231170501.
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Several studies have established that Cochlear implant (CI) listeners rely on the tempo of music to judge the emotional content of music. However, a re-analysis of a study in which CI listeners judged the emotion conveyed by piano pieces on a scale from happy to sad revealed a weak correlation between tempo and emotion. The present study explored which temporal cues in music influence emotion judgments among normal hearing (NH) listeners, which might provide insights into the cues utilized by CI listeners. Experiment 1 was a replication of the Vannson et al. study with NH listeners using rhythmic patterns of piano created with congas. The temporal cues were preserved while the tonal ones were removed. The results showed (i) tempo was weakly correlated with emotion judgments, (ii) NH listeners’ judgments for congas were similar to CI listeners’ judgments for piano. In Experiment 2, two tasks were administered with congas played at three different tempi: emotion judgment and a tapping task to record listeners’ perceived tempo. Perceived tempo was a better predictor than the tempo, but its physical correlate, mean onset-to-onset difference (MOOD), a measure of the average time between notes, yielded higher correlations with NH listeners’ emotion judgments. This result suggests that instead of the tempo, listeners rely on the average time between consecutive notes to judge the emotional content of music. CI listeners could utilize this cue to judge the emotional content of music.
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Kostiuchenko, O. "Reflections on the constitution of part one of article 459 of the criminal procedure code of Ukraine." Uzhhorod National University Herald. Series: Law 2, no. 77 (July 13, 2023): 223–28. http://dx.doi.org/10.24144/2307-3322.2023.77.2.38.
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In this publication, in connection with the consideration by the Constitutional Court of Ukraine of proceedings on the constitutionality of part one of Article 459 of the CPC of Ukraine, the author's position on this issue is given. A comprehensive analysis of the legal regulation of the powers of investigating judges in judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings makes it possible to conclude that by exercising these powers, the investigating magistrate exercises the constitutional powers of the court, and all his rulings are court decisions. The investigating magistrate acts on behalf of the court as a judge – the bearer of judicial power. The exercise by the investigating judge of the powers of judicial control over the observance of the rights, freedoms and interests of persons in criminal proceedings is an integral element of the implementation of the justice function. Answering the question: "whether part one of Article 459 of CPC directly or in connection with other provisions of the Code prohibits reviewing rulings of investigating judges under newly discovered circumstances", it should be noted that part one of Article 459 of CPC does not contain a direct ban on reviewing rulings of investigating judges under newly discovered circumstances. However, there is no direct indication of the right of appeal and review. In fact, an illegal and unfair decision of the investigating magistrate enters into legal force and must be enforced. Such a situation is unacceptable, since the correction of an erroneous decision of the investigating magistrate in the form of a ruling should take place and be as close as possible in time to its review and correction of the judicial error. Deprivation of the right of access to court in the form of reviewing the ruling of the investigating magistrate under newly discovered circumstances should be considered immeasurable in relation to the goal, which indicates the inconsistency of part one of Article 459 of CPC with part 1 of Article 8 of the Constitution of Ukraine in terms of the principle of legal certainty as a component of the rule of law. And since the right of access to court was restricted in such a disproportionate way, this norm for the same reasons contradicts part two of Article 55 of the Constitution of Ukraine. The possibility of reviewing the rulings of investigating judges under newly discovered circumstances will fully comply with the principle of the rule of law and the basic principles of justice defined by the Constitution of Ukraine.
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White, Peter A. "Judgement of Two Causal Candidates from Contingency Information: II. Effects of Information about One Cause on Judgements of the Other Cause." Quarterly Journal of Experimental Psychology Section A 58, no. 6 (August 2005): 999–1021. http://dx.doi.org/10.1080/02724980443000403.
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When judgements are being made about two causes there are eight possible kinds of contingency information: occurrences and nonoccurrences of the outcome when both causes are present, when Cause 1 alone is present, when Cause 2 alone is present, and when neither cause is present. It is proposed that contingency information is used to some extent to judge proportionate strength, which is the proportion of occurrences of the outcome that each cause can account for. This leads to a prediction that judgements of one cause will be influenced by information about occurrences, but not nonoccurrences, of the outcome when only the other cause is present. In six experiments consistent support was found for this prediction when the cause being judged had a positive relation with the outcome, but no consistent tendency was found when the cause being judged had a negative relation with the outcome. The effects found for causes with positive contingency cannot be explained by the Rescorla–Wagner model of causal judgement nor by the hypothesis that causal judgements are based on conditional contingencies.
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Rybakov, Vladislav. "“There’s an Inspector-General Coming”: Prosopographic Portrait of the Staff of the RSFSR Administrative Justice Authorities during the Great Patriotic War." ISTORIYA 14, no. 4 (126) (2023): 0. http://dx.doi.org/10.18254/s207987840020384-1.
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Based on documents from the State Archive of the Russian Federation (GA RF), the article analyzes the educational level, professional experience and party affiliation of operational staff of the RSFSR administrative justice authorities from 1941 to 1945. Using the prosopographic method, it is created a collective portrait of employees who worked in the RSFSR People’s Commissariat for Justice and its regional bodies. The main characteristics of the staff were a low educational level and little professional experience compensated by party affiliation, which played a key role in the Soviet system of appointment to positions. The indicators of professionalism of the average operational employee, including often the inspector who checked the court work, were lower than ones of the average judge. The consequence of this was the inability to provide qualified assistance to judges, which led to disorientation and low quality of court work.
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Kotowski, Artur, Sebastian Skuza, Anna Modzelewska, and Justyna Kotowska. "The Social Factor in the Court of Cassation – Internal and External Motivations." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 2 (July 19, 2022): 223–47. http://dx.doi.org/10.32084/tekapr.2021.14.2-17.
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The article presents the results of empirical research devoted to the motivation for serving as a lay judge of the Supreme Court of the Republic of Poland. The social factor was introduced into the Polish legal system under the Act of December 8th, 2017 on the Supreme Court. Public discourse has pointed to the legislature’s intent to provide broader, social legitimacy to the Supreme Court. The participation of the social factor is envisaged in the following proceedings: disciplinary and extraordinary appeal. The empirical study consisted in the Supreme Court lay judges filling a survey, which included a series of questions – mainly closed ones – concerning their motivation for holding the office, their management style, the way they work in a group, the role of rewards and reinforcements, but also their opinions on their functioning in the Supreme Court, their sense of satisfaction with their work, and their possible proposals for changes in the existing regulations. The article consists of a theoretical part, devoted to the legal regulations concerning the institution of lay judges of the Supreme Court, a discussion of the methodology of the study, its results and final conclusions. The authors only present and discuss the obtained results, without evaluating the legitimacy of introducing the social factor into the judicial process at the level of the Court of Cassation from the perspective of the theory and philosophy of law or the science of management and quality. The aim of the study was to examine the social attitudes of people who decided to run for the position of a lay judge of the Supreme Court and were sworn in after successfully passing the induction procedure. The analysis is interdisciplinary. The study was prepared with the participation of researchers representing a number of disciplines in the field of social sciences: economics, law, management and quality sciences and psychology.
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Rowbotham, Madam Justice Patricia. "Justice Bertha Wilson: One Woman's Difference, Kim Brooks, Ed (Vancouver: UBC Press, 2009)." Alberta Law Review 49, no. 3 (March 1, 2012): 751. http://dx.doi.org/10.29173/alr115.
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Justice Bertha Wilson: One Woman’s Difference is a collection of 16 essays which reflect upon Wilson’s contributions as jurist, speaker, chair of the Canadian Bar Association Task Force on Gender Equality in the Legal Profession, mentor, and role model to a generation of lawyers and judges. The authors are all women; fifteen of the essays are written by academics (and a student) from law faculties across Canada, and one essay is authored by a barrister. For the most part the authors write from the perspective of their own considerable expertise in a particular area of law. Their critical analysis of several of Wilson’s judgments from both the Ontario Court of Appeal and the Supreme Court of Canada caused me to reflect upon those judgments in novel ways. Some of the authors tackle the tricky issue of whether Wilson was a “feminist” judge.
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Symanski, Richard, and John Pickard. "Rules by which we judge one another." Progress in Human Geography 20, no. 2 (June 1996): 175–82. http://dx.doi.org/10.1177/030913259602000202.
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Harapah, Burhanudin, Solikhah Muslich Sugiyono, and Luthfiyah Trini Hastuti. "NON SECULARIZATION OF MARRIAGE LEGAL PROCEDURE BASED ON BELIEF IN ONE ALMIGHTY GOD IN INDONESIA." Yustisia Jurnal Hukum 9, no. 2 (August 30, 2020): 243. http://dx.doi.org/10.20961/yustisia.v9i2.27394.
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When disputing in court, non-Muslim citizens use positive laws established by the state that do not involve their religious beliefs. Philosophically, this is on the contrary to the constitution, which states that the country is based on belief in one Almighty God. Moreover, in every decision, judges are formally required to begin with "For the sake of the one Almighty God." This phenomenon may be the result of cultural and/or structural factors that require a research study. This research is normative legal research to devise models of religious legal formulation in the legal system in Indonesia. The results of the study illustrate that changing secular marriage law to religious marriage law is possible through formal procedural rules and substantial material rules. In the initial stages, efforts should be made to change the formal procedural arrangement stage using a procedure to examine, adjudicate, and decide a case. Before deciding on a divorce case, the religion of the disputing parties needs to be involved by (1) appointing a judge who is of the same religion as the disputing parties to examine, adjudicate, and decide the case; (2) requiring judges to present expert witnesses from religious leaders of the disputing parties. This is very important because religion is a truth system based on belief and not all religious beliefs can be rationalized.
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Aldrich, Liberty, and Judge Judy Harris Kluger. "New York's One Judge-One Family Response to Family Violence." Juvenile and Family Court Journal 61, no. 4 (September 2010): 77–86. http://dx.doi.org/10.1111/j.1755-6988.2010.01050.x.
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Rubaltelli, Enrico, and Paul Slovic. "Affective reactions and context-dependent processing of negations." Judgment and Decision Making 3, no. 8 (December 2008): 607–18. http://dx.doi.org/10.1017/s193029750000156x.
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AbstractThree experiments demonstrate how the processing of negations is contingent on the evaluation context in which the negative information is presented. In addition, the strategy used to process the negations induced different affective reactions toward the stimuli, leading to inconsistency of preference. Participants were presented with stimuli described by either stating the presence of positive features (explicitly positive alternative) or negating the presence of negative features (non-negative alternative). Alternatives were presented for either joint (JE) or separate evaluation (SE). Experiment 1 showed that the non-negative stimuli were judged less attractive than the positive ones in JE but not in SE. Experiment 2 revealed that the non-negative stimuli induced a less clear and less positive feeling when they were paired with explicitly positive stimuli rather than evaluated separately. Non-negative options were also found less easy to judge than the positive ones in JE but not in SE. Finally, Experiment 3 showed that people process negations using two different models depending on the evaluation mode. Through a memory task, we found that in JE people process the non-negative attributes as negations of negative features, whereas in SE they directly process the non-negative attributes as positive features.
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Solomon, Nathan. "“Only God Can Judge Me”: Faith, Trauma, and Combat." Interpretation: A Journal of Bible and Theology 69, no. 1 (December 18, 2014): 63–75. http://dx.doi.org/10.1177/0020964314552631.
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Bronshtein, M., and E. Zimmer. "Do not judge the fetus only by the calipers." Ultrasound in Obstetrics and Gynecology 15, no. 1 (January 2000): 85. http://dx.doi.org/10.1046/j.1469-0705.2000.00007.x.
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Alipour, Mohammad, and Soroor Tajfar. "Investigating (Im)politeness in online forums between English speakers and English as a foreign language learners." Global Journal of Foreign Language Teaching 9, no. 3 (August 31, 2019): 137–56. http://dx.doi.org/10.18844/gjflt.v9i3.4205.
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This study investigated the use of (im)politeness and disagreement in online discussion forums among English speakers and English as a foreign language (EFL) learners. It also explored how internet forum browsers judge (im)politeness and parameters of relational work ((in)appropriateness and negatively/positively marked behaviour) in disagreement. Three hundred and sixty disagreement responses were analysed following a list of disagreement strategies. The most frequent strategy applied by English speakers was 'making scornful and humiliating statements', while EFL learners used 'showing unmitigated disagreement' and 'showing smileys' as the highest and lowest ones. Most of the strategies used by English speakers were judged as polite and appropriate, but neither negatively nor positively marked, while 13 types of EFL strategies were considered as polite, but neither appropriate and positively marked nor inappropriate and negatively marked. Further, the three parameters had positive relationships with one another. This study provides worthwhile information for improving teaching communication skills in EFL courses.
Keywords: (Im)Politeness, disagreement, English as a foreign language learners, interactional and discursive approach, online forum
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Madhukar, M., and S. Verma. "Hybrid Semantic Analysis of Tweets: A Case Study of Tweets on Girl-Child in India." Engineering, Technology & Applied Science Research 7, no. 5 (October 19, 2017): 2014–16. http://dx.doi.org/10.48084/etasr.1246.
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Social networks have become one of the major and important parts of daily life. Besides sharing ones views the social networking sites can also be very efficiently used to judge the behavior and attitude of individuals towards the posts. Analysis of the mood of public on a particular social issue can be judged by several methods. Analysis of the society mood towards any particular news in form of tweets is investigated in this paper. The key objective behind this research is to increase the accuracy and effectiveness of the classification by the process of Natural Language Processing (NLP) Techniques while focusing on semantics and World Sense Disambiguation. The process of classification includes the combination of the effect of various independent classifiers on one particular classification problem. The data that is available in the form of tweets on twitter can easily frame the insight of the public attitude towards the particular tweet. The proposed work implements a hybrid method that includes Hybrid K, clustering and boosting. A comparison of this scheme versus a K-means/SVM approach is provided. Results are shown and discussed.
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Urgolites, Zhisen J., Ramona O. Hopkins, and Larry R. Squire. "Spared Perception of the Structure of Scenes after Hippocampal Damage." Journal of Cognitive Neuroscience 31, no. 8 (August 2019): 1260–69. http://dx.doi.org/10.1162/jocn_a_01416.
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To explore whether the hippocampus might be important for certain spatial operations in addition to its well-known role in memory, we administered two tasks in which participants judged whether objects embedded in scenes or whether scenes themselves could exist in 3-D space. Patients with damage limited to the hippocampus performed as well as controls in both tasks. A patient with large medial-temporal lobe lesions had a bias to judge objects in scenes and scenes themselves as possible, performing well with possible stimuli but poorly with impossible stimuli in both tasks. All patients were markedly impaired at remembering the tasks. The hippocampus appears not to be essential for judging the structural coherence of objects in scenes or the coherence of scenes. The findings conform to what is now a sizeable literature emphasizing the importance of the hippocampus for memory. We discuss our results in light of findings that other patients have sometimes been reported to be disadvantaged by spatial tasks like the ones studied here, despite less hippocampal damage and milder memory impairment.
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Pilipiec, Sławomir, and Monika Kępa. "Prestiż zawodów prawniczych wśród studentów prawa a zamiar ich wykonywania." Studia Iuridica Lublinensia 28, no. 4 (December 30, 2019): 65. http://dx.doi.org/10.17951/sil.2019.28.4.65-87.
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<p class="Standard">The study presents the results of a qualitative survey carried out among students who study law at the Faculty of Law and Administration of the Maria Curie-Skłodowska University in Lublin, which refers to the results of a quantitative survey conducted in 2017. The qualitative research was carried out on a representative sample chosen in a deliberate-and-random manner. The research technique consisted of recording the results of direct interviews based on a standardised questionnaire. Substantive questions were aimed at identifying the reasons for the previously identified discrepancies between the prestige of legal professions as perceived by law students and their intention to pursue these professions. Definitely, the profession of judge enjoys the greatest prestige, but the future legal practitioners mostly do not indicate this profession as the one they intend to practise. Preferred are the professions related to the provision of legal assistance services, i.e. of advocate (<em>adwokat</em>) or attorney-at-law (<em>radca prawny</em>). The profession of judge is endowed with high prestige, while at the same time it is the most demanding legal profession. The difficulty of this profession consists especially in the manner of entry into the profession, the high responsibility and the stress related to the exercise of the function of judge. They have also pointed that judge’s salary is not proportionate to the workload and responsibility imposed on judges. On the other hand, the professions of advocate and attorney-at-law are the most popular ones because of the huge opportunities they offer. This includes the accessibility to these professions and the wide range of powers and autonomy of those who pursue them. They are associated with different forms in which legal assistance services may be provided, in the case of attorneys-at-law also under an employment contract.</p>
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Chairul Anwar and Nurmalia Ihsana. "TINJAUAN HUKUM TENTANG TINDAK PIDANA JUDI TOGEL JENIS PAKONG (STUDI KASUS PUTUSAN NOMOR 784/PID.B/2019/PN TNG." Juris 6, no. 2 (December 12, 2022): 280–89. http://dx.doi.org/10.56301/juris.v6i2.592.
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According to the Big Indonesian Dictionary, Gambling is risking a certain amount of money or property in a guessing game based on chance, with the aim of getting an amount of money or property that is greater than the original amount of money or property. Gambling is a phenomenon that cannot be denied in society. The act of gambling in Indonesian society can be found in various layers of society. There are also various forms of gambling, from traditional ones such as dice gambling, cockfighting and others such as the Pakong Type Togel Gambling which the author uses as a case study. The problem in this paper is how is the legal arrangement related to the crime of gambling? And what is the basis for the consideration of the Panel of Judges case Number 784/Pid.B/2019/PN Tng? The research method used is a normative research method that focuses on library research to obtain secondary data from legal materials. The normative approach is carried out by reviewing the applicable provisions or laws and regulations. The results of the study show that legal provisions related to the crime of gambling are formulated in Article 303 and Article 303 bis of the Criminal Code. The considerations of the Panel of Judges in dropping the criminal case number 784/Pid.B/2019/PN Tng are appropriate, namely by fulfilling all the elements in the indictment of Article 303 paragraph (1) 2nd of the Criminal Code, in addition to this being based on witness testimony, the defendant's statement, and evidence coupled with the conviction of the judge. In addition, the Panel of Judges in deciding cases considered mitigating and aggravating matters for the defendants.
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Bzdyrak, Grzegorz Marcin. "The Status and Duties of Ecclesiastical Judges in Cases Concerning the Nullity of Marriage." Religions 14, no. 6 (May 23, 2023): 691. http://dx.doi.org/10.3390/rel14060691.
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The author discusses the status and duties of an ecclesiastical judge in processes concerning the declaration of nullity of marriage under canon law. The author addresses the requirements for candidates for the office of judge and highlights the changes introduced by the Motu Proprio Mitis Iudex Dominus Iesus in 2015. Next, the duties of the ecclesiastical judge in a matrimonial process are covered. First, the author points to the general duties and focuses on the most relevant ones. Second, the judge’s more specific duties are addressed. A major research problem investigated is who can be an ecclesiastical judge and what requirements the candidates must meet, both in the light of ecclesiastical and natural law. The author does not omit to discuss the origin of the power to judge and its consequences. The article cites papal speeches to the members of the Tribunal of the Roman Rota. They are a valuable source of guidance on exercising the power to judge. Special attention is paid to the ministry of the bishop as the first judge, as well as in light of the changes introduced by Pope Francis.
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Popa, Elena Isabela. "Water. Instrument and Judge of the Mesopotamian Witch." Revista CICSA online, Serie Nouă, no. 5 (2019): 42–54. http://dx.doi.org/10.31178/cicsa.2019.5.2.
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This article is a selective review of the roles that water played in the Mesopotamian imaginary. It is not only a natural resource that sustains the people’s daily existence, but it is also the embodiment of a plethora of terrifying forces that could both help and harm the humans. Sometimes water could act as a tool in the hands of malevolent individuals, such as the witch and warlock, whose main purpose is to bring misfortune to their peers, but the same element is considered to hold supernatural powers and could impersonate human roles such as the ones of judge and sometimes executioner of those who use it with evil intentions.
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Bushtets, Nikita V. "COMMUNICATION BARRIERS IN JURY TRIALS AND ORGANIZATIONAL AND LEGAL WAYS TO OVERCOME THEM." RUDN Journal of Law 24, no. 4 (December 15, 2020): 1169–86. http://dx.doi.org/10.22363/2313-2337-2020-24-4-1169-1186.
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The use of the Institute of jurors in Russia has been expanded since June 1, 2018. Today, courts with the participation of jurors consider criminal cases in regional courts and equivalent ones, as well as in district courts. At the same time, legislative innovations also affected the number of citizens who are members of the jury. These changes dictate the need for a scientific understanding of what happened, including the development of proposals aimed at optimizing the work of courts, representatives of the state prosecution and defense with a jury. In this regard, the purpose of the study is to improve the organization of criminal proceedings carried out by a court with the participation of jurors, taking into account the psychological characteristics of the judge, the public Prosecutor, the defense lawyer and the jury. In the course of the work, the author considers the results of psychological and legal research, which in one way or another affects the communicative features of participants in criminal proceedings. The paper makes the following main conclusions: a) to establish in the normative legal acts of the Judicial Department the main requirements for the list of property and technical means that provide comfortable conditions for jurors during the trial; b) to conduct systematic work with the staff of judges and employees of the court interacting with jurors in accordance with the recommendations given in the article; c) provide judges and employees of the court with methodological guidance concerning communication with a jury on work issues.
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Rowley, M., and E. J. Robinson. "Adolescents’ judgements about the evidential basis for complex beliefs." International Journal of Behavioral Development 26, no. 3 (May 2002): 259–68. http://dx.doi.org/10.1080/01650250143000120.
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Participants aged between 13 and 60 years read vignettes describing conflicting interpretations of limited evidence, explained why the different interpretations arose, and judged the importance of further evidence in resolving the dispute. Our focus was on participants’ views about how minds interpret information: Was their emphasis more on internal, psychological, or on external, information-based, factors in accounting for the existence of different interpretations? Participants of all ages agreed that further evidence would not be sufficient to resolve a value-laden dispute (whether youngsters should learn to drive) and explained the different views in terms of internal factors. However, younger participants discriminated less than older ones between the driving dispute and a dispute about a scientific/medical issue (the cause of a skin disease), and were less inclined to judge that views about the skin disease would be influenced by further evidence. We suggest that among people who accept the possibility of different interpretations of the same information, there are age-related differences in the importance placed on internal psychological processes in the construction of disparate views. Adolescents, compared with people who are older, seem to be particularly prone to assume that idiosyncratic interpretations will persist.
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Candelon, Mathieu, Jordi Ballester, Nathalie Uscidda, Jean Blanquet, and Yves Le Fur. "Sensory methodology developed for the investigation of Sciaccarello wine concept." OENO One 38, no. 2 (June 30, 2004): 147. http://dx.doi.org/10.20870/oeno-one.2004.38.2.924.
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<p style="text-align: justify;">The aim of the present work was to underline the existence of a sensory space relevant to Sciaccarello wines. Twenty-eight wines were selected for viticultural and enological characteristics, using 1/2 Sciaccarello/Non- Sciaccarello ratio. Sensory analyses (orthonasal then overall perceptions) were performed with a panel composed of seventeen judges. All of the judges were experienced in Sciaccarello wines knowledge. Statistical treatment by PCA was first carried out to display the consensus between the assessors. ANOVA was performed to discriminate accurate and inaccurate examples of Sciaccarello wines. This study demonstrated the existence of the sensory space in which most of Sciaccarello wines, described as good examples of the concept, were pooled.</p>
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Knobloch, Marie, Jesko L. Verhey, Michael Ziese, Marc Nitschmann, Christoph Arens, and Martin Böckmann-Barthel. "Musical Harmony in Electric Hearing." Music Perception 36, no. 1 (September 1, 2018): 40–52. http://dx.doi.org/10.1525/mp.2018.36.1.40.
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A cochlear implant (CI) restores hearing for profoundly deaf patients by transmitting sound to an array of electrodes that stimulates the inner ear. The small number of frequency bands and limited transmission of temporal fine structure affects the music perception. The present work investigates the pleasantness of chords and chord sequences in adults using such electric hearing. In the first task, participants compared chord types according to their perceived pleasantness. Normal-hearing listeners judged the major chord and the minor chord as the most pleasant ones compared to other chord types. CI users appraised the major chord as more consonant than other chord types. The second task used four-chord sequences, half of which ended on an authentic V-I cadence. In the other presentations, the final tonic was replaced either by a transposed major chord or by a dissonant chord. The participants had to judge whether the ending was conclusive. While normal-hearing listeners preferred authentic cadences, all but one CI user assessed the modified cadences as similarly satisfying. The results indicate that CI users appreciated consonance of isolated chords to a certain extent similar to normal-hearing listeners. Nevertheless, the majority of CI users fail to register the musical syntax in the harmonic progression of cadences.
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Byrne, Gavin. "The Self and Strong Legal Theory: A Heideggerian Alternative to Fish’s Scepticism." Canadian Journal of Law & Jurisprudence 19, no. 1 (January 2006): 3–30. http://dx.doi.org/10.1017/s0841820900005580.
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This essay concerns the question of whether it is possible to have an account of what judges ought to do when they decide cases if one accepts Stanley Fish’s thesis that man is a socially constructed creature, who can only see the world around him in terms of the practice that he is involved in. It puts forward the view that such a position is defensible, provided that one makes different metaphysical commitments to the ones made by Fish. It is argued that Fish is best understood as a metaphysical idealist. The essay seeks to demonstrate that Martin Heidegger’s conception of the self and interpretation are similar to those of Fish, but that, when understood as involving a commitment to metaphysical realism, Heidegger’s philosophy can hold the possibility of strong legal theory open in a way that Fish’s cannot. Michael S. Moore’s natural law position is used in order to articulate what such a position might be. Moore’s example of what a judge ought to do if called upon to define ‘death’ as a concept is used to illustrate the difference between Fish and Heidegger when it comes to metaphysics and strong legal theory, despite their similarities when it comes to an account of interpretation and of the self.
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Kruk, Ewa. "Judge’s Recusal as One of the Guarantees of Fair Criminal Trial. A few Remarks in the Context of Articles 40 and 41 of the Polish Penal Code." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 1 (June 30, 2023): 139–53. http://dx.doi.org/10.32084/tkp.5587.
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The article presents the issue of recusal of a judge as one of the guarantees of a fair criminal trial. The author presented in the first part of the text the question of recusal of a judge under Articles 40 and 41 of the Code of Criminal Procedure in historical perspective. Looking from that perspective, she analysed the fundamental context of recusal of a judge in view of procedural principles, namely the impartiality and independence of the judge, and the function of judge’s recusal. Finally, she presented conclusions for the currently applicable law and proposals for the law as it should stand and the consequences of admitting a judge affected by recusal under Article 40(1) or (3) of the Code of Criminal Procedure.
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Sarkar, Rupa, and Mahesh E. "Should We Judge PHCs by Only IPHS Guidelines or Probe Further?" Indian Journal of Community Health 32, no. 2 (June 30, 2020): 464–67. http://dx.doi.org/10.47203/ijch.2020.v32i02.031.
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Background: Indian Public Health Standards (IPHS) evaluates supply side compliance of Primary Health Centers (PHCs). Patient Satisfaction (PS) on the other hand, assesses the demand side. Objective: Examining the supply side compliance and relating it to PS in the domain of Reproductive Health (RH). Methods: Using multistage stratified sampling, six rural and three urban PHCs in sub-districts, Ramanagara and Channapatna, in District Ramanagara, state of Karnataka, India, were chosen. Information collected using IPHS proforma for PHCs was compared with PS questionnaire (PSQ 18) data, collected from 398 patients visiting these facilities. Results: Using descriptive and inferential analysis, sub-optimal compliance levels in ease of access, physical & human infrastructure, patient data and usage of untied funds was found. Existing behavioral compliance was found to be optimal. These findings were in alignment with PS findings. Conclusion: Results call for PHC capacity building, incentivization and a crucial need to look into PS side, before passing judgement about performance standard.
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Song, Ruihua, Qingwei Guo, Ruochi Zhang, Guomao Xin, Ji-Rong Wen, Yong Yu, and Hsiao-Wuen Hon. "Select-the-Best-Ones: A new way to judge relative relevance." Information Processing & Management 47, no. 1 (January 2011): 37–52. http://dx.doi.org/10.1016/j.ipm.2010.02.005.
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Zavidovskaia, Ekaterina A., Tatiana I. Vinogradova, and Dmitry I. Maiatskii. "Interpretation of Novels and Plays about Song Dynasty Judge Bao in the Chinese Illustrated Woodblock Editions and Popular Prints nianhua." Vestnik of Saint Petersburg University. Asian and African Studies 13, no. 3 (2021): 383–99. http://dx.doi.org/10.21638/spbu13.2021.306.
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The article aims to analyze various illustrations of court case stories about Song dynasty judge Bao Zheng (包拯, also named as Bao-gong 包公, Bao Longtu 包龍圖, 999–1062), found in Qing woodblock editions of the novel and popular woodblock prints nianhua, in order to determine how tales about the famous incorruptible judge have been transformed in the visual culture of late imperial times. The authors discovered several woodblock editions of novels about Judge Bao-gong, or Bao Dragon-Design (Bao Longtu), in the St. Petersburg State University library including one illustrated edition and several non-illustrated ones. The State Hermitage and other Russian collections hold an impressive number of popular prints depicting scenes from the traditional drama based on Judge Bao stories, while only several of them refer directly to literary pieces, being mostly scenes from the plays. The protagonists are shown wearing theatrical make-up matching their theatrical character, Judge Bao is recognized by a black-colored face symbolizing his astuteness and uncorrupted nature. The article attempts to find connections between Shi Yukun’s 石玉昆 novel “The Three Heroes and Five Gallants” (Sanxiawuyi 三俠五義, 1879), the traditional drama plays and nianhua prints featuring Judge Bao, which proliferated in the late 19th — early 20th centuries. This research claims to define sources of various types of illustrations and clarify connections between book illustration, popular prints and drama.