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In a number of related papers Michael S. Moore has advanced a powerful theory of retributive punishment. The position as stated is simple: “retributivism is the view that we ought to punish offenders because and only because they deserve to be punished”. Desert is a necessary and sufficient condition for just punishment. However simple and straightforward the view, it still needs to be defended and Moore has been energetic in defending his corner against traditional objections and against replies that his account has attracted since first publication. His latest effort invites readers to pursue these problems in still greater depth. This is an invitation I am happy to accept. First I want to reexamine the charge that there is circularity in his account and second, I want to look more closely at the intuitions which ground his acceptance of the principle of desert.One worrying thought, for Moore, is that he may be begging the question. His argument proceeds by inviting us to consider a range of cases. In “The Moral Worth of Retribution” the focus is on a couple of savage murders. In “Justifying Retributivism” we are asked to practice Kant's thought-experiment: how should we deal with the last murderer before we leave the island; and ponder the fate of Dostoyevsky's nobleman who set his dogs to tear a child to pieces.
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Bschor, Tom, and Christopher Baethge. "Unjustified conclusions." British Journal of Psychiatry 216, no. 6 (May 26, 2020): 345. http://dx.doi.org/10.1192/bjp.2020.23.
Manley, Ian S. Chart Ann, and Susan Hunter Youngren. "Study Criticisms Unjustified." Environmental Health Perspectives 112, no. 3 (March 1, 2004): a151—a152. http://dx.doi.org/10.1289/ehp.112-a151.
Durston, Kirk. "Apparently unjustified evil and the existence of God." Thesis, National Library of Canada = Bibliothèque nationale du Canada, 1997. http://www.collectionscanada.ca/obj/s4/f2/dsk3/ftp04/mq23293.pdf.
Rittmayer, Ashley D. "The perils of unjustified confidence : an examination of casino blackjack play and performance /." Electronic thesis, 2005. http://etd.wfu.edu/theses/available/etd-05122005-165837/.
Shemtov, Noam. "The legal regulation of decompilation of computer programs : excessive, unjustified and in need of reform." Thesis, Queen Mary, University of London, 2012. http://qmro.qmul.ac.uk/xmlui/handle/123456789/3132.
The objective of this thesis is to examine the internal contradiction within copyright law regarding the practice of decompilation as well as the ever-growing use of prohibitive contractual provisions, to highlight the flaws that presently exist under our legal systems in these contexts and to offer suitable amendments and modifications to the law as it currently stands.
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Maxwell, Catherine J. "Aspects of multi-party unjustified enrichment in South African law : a comparison with German law." Master's thesis, University of Cape Town, 2006. http://hdl.handle.net/11427/8916.
Includes bibliographical references. In this thesis, aspects of the South African law of multi-party enrichment are compared with the equivalent rules of German law. Against the background of a general comparison of the German and South African law of unjustified enrichment, the following sets of factual circumstances are examined in detail: performance of the obligation of another; performance in accordance with an instruction; and performance in response to a cession. Rather than following a conventional comparative approach (viz where a chapter is devoted to each of the legal systems under consideration, and then comparisons are made in a final, analytical chapter), this thesis is structured as follows: each chapter begins with a comparative treatment of the legal context in which such situations arise. Then various factual permutations are treated, taking into account the German and South African approaches to such practical situations and the underlying policy factors that influence the law. On the basis of this critical evaluation, recommendations are made for the development of South African law.
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Glover, Graham. "The doctrine of duress in the law of contract and unjustified enrichment in South Africa." Thesis, Rhodes University, 2004. http://hdl.handle.net/10962/d1003187.
This thesis analyses the doctrine of duress and its application in the law of contract and unjustified enrichment in South Africa. Following an initial examination of the historical development of the doctrine from its roots in Roman and Roman-Dutch law, the study focuses on the current legal position in the two areas of law under review, identifies the substantive and formal deficiencies in the current approach, and suggests, using comparative authorities, how the law might be developed. As far as the law of contract is concerned, after exposing the difficulties inherent in the current approach, and placing the doctrine in its proper context in the South African law of contract generally, it is argued that the duress doctrine finds its juridical basis in the principle of good faith. A more modern and coherent test for duress is then proposed: one that concentrates on the question whether an illegitimate threat was made, which induced a contract in that it left the other person no reasonable choice but to succumb to the proposal. Additionally, the need for South African contract law to recognise and deal with cases of economic duress is emphasised. The study then shifts to an examination of the position in situations where non-contractual performances have occurred under duress: cases that are decided in terms of the principles of the law of unjustified enrichment. The current position is reviewed, and it is shown that the approach to duress cases is substantially different to the approach that applies in contract. An attempt is made to reconcile this problem. From a structural perspective, the nature and application of the relevant enrichment action where a non-contractual performance is made under duress (the condictio indebiti) is also investigated, in the light of approaches to enrichment adopted in both Germany and England, in an attempt to make better sense of this enrichment action in the South African context. The study closes with an analysis of the various contractual, delictual and enrichment remedies that are available once a case of duress has been proved.
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Meijer, Johan Willem Marius Karel. "Ongerechtvaardigde verrijking : een systematische analyse van het begrip ongerechtvaardigdheid, toegepast op kostenverhaal bij bodemsanering = Unjustified enrichment /." [Den Haag] : Sdu Uitgevers, 2007. http://swbplus.bsz-bw.de/bsz286865211inh.htm.
Montes, de Oca Moreno Marlene Alejandra. "Enfranchisement on the basis of integration : A normative critique against time requirements and bureaucratic burdens as unjustified obstacles to citizenship: the Swedish case." Thesis, Uppsala universitet, Statsvetenskapliga institutionen, 2018. http://urn.kb.se/resolve?urn=urn:nbn:se:uu:diva-371277.
In a globalized world, the constant mobilization of people highlights the relevance of citizenship as the mean for full membership in the state. Considering that, in practice, the population of modern states does not only consist of citizens, this thesis presents a theoretical analysis on the principles and policies for the inclusion of non-citizens. This discussion considers two concerns: first, who should be included as members of the state qua citizens, and second, how should non-citizens be enfranchised. In the first part, I review models that discuss if membership in the state should be more restrictive or more inclusive; the second part analyzes formal mechanisms for the inclusion of non-citizens, in particular integration and citizenship policies. The conclusions drawn from this discussion suggest that integration is the core requirement for citizenship, thus it is arbitrary to condition either citizenship acquisition or enfranchisement with other requirements. Specifically, the thesis offers a normative critique against universal time requirements and bureaucratic burdens as unjustified obstacles to citizenship. As an illustration for the arguments given, I study the policy for the acquisition of citizenship in Sweden.
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Meyer-Spasche, Rita Antonie. "The recovery of benefits conferred under illegal or immoral transactions : a historical and comparative study with particular emphasis on the law of unjustified enrichment." Thesis, University of Aberdeen, 2002. http://digitool.abdn.ac.uk/R?func=search-advanced-go&find_code1=WSN&request1=AAIU153297.
The thesis deals with the recovery of benefits that have been transferred under illegal or immoral transactions, in particular from the perspective of the law of unjustified enrichment. The rules governing this area of law in all the legal systems that are studied originate in classical Roman law, which principally granted a remedy for the recovery of benefits conferred under a tainted cause (the so-called condictio ob turpem vel iniustam causam). Only where both parties were involved in an immoral transaction was recovery barred, according to the maxim in pari delicto potior est possidentis. However, modern law usually applies the bar to recovery not only to immoral but also to illegal transactions. This extension of the bar, as well as its strict legal consequence of completely barring recovery, can lead to overly harsh results. The comparison of two civilian legal systems, Germany and Italy, will demonstrate modern civilian approaches on how to mitigate the strict consequences of the bar. The study of English law identifies a very different approach to the solution of the same problem. The law of the mixed legal system of Scotland started from a civilian basis in this area. However, it subsequently came under the influence of the common law, which received only the bar to recovery, and developed it into a principle of non-recovery in cases of illegality. The thesis argues that it is undesirable to follow the common law influences in the Scots law of unjustified enrichment. Scots law should rather develop its civilian roots and proceed on the assumption that transfers made under immoral and illegal transactions are recoverable in principle. It is also argued that Scots law has sufficient authority to restrict the pari delicto rule to its original scope and thereby apply the bar to recovery only to cases of mutual turpitude.
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Alawneh, Tariq. "A critical analysis of the implied obligation against unjustified deviation : is the rule still relevant to the modern law on carriage of goods by sea?" Thesis, University of Huddersfield, 2015. http://eprints.hud.ac.uk/id/eprint/26283/.
The general area of this research is shipping law, more specifically the law governing the carriage of goods by sea. The research has been narrowed down to the implications of terms into contracts of affreightment, and then further narrowed down to the concept of deviation. The specific research question is whether or not the concept of deviation is still relevant to the law governing the carriage of goods by sea in the modern era. While this question has been posed before in the academic literature, it has never been discussed in sufficient depth. The researcher was therefore able to identify gaps in the literature through the literature review which the research has attempted to fill. The thesis on which the research is based is that the principle of deviation is a long standing and very important rule of law which form an integral part of the law and practice governing the carriage of goods by sea. However, a multi-jurisdictional review of both primary sources (i.e. conventions, statutes and cases) and secondary sources (academic literature) in relation to deviation indicates that there are many conceptual, legal and practical problems associated with the principle. Adding to this problem is the concept of quasi deviation in some jurisdictions such as the United States where there continues to be conflicting approaches to the concept even within the various federal circuits. Therefore the hypothesis of this study is based on the need for legal reform. Chapters 1 and 2 provide the background to the study as well as the conceptual framework for the research, including the literature review. The main research aims, objectives and research questions are addressed in Chapters 3, 4 and 5. Chapter 6 concludes the research by presenting the findings and recommendations together with an outline of the research contribution.
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Lopes, Sandra Denise Meira. "Factores associados ao absentismo: estudo na Câmara Municipal de Évora." Master's thesis, Universidade de Évora, 2012. http://hdl.handle.net/10174/14733.
A problemática do absentismo tem sido objecto de grande interesse, devido ao
elevado número de ausências registadas nos postos de trabalho. Contudo, a
preocupação relativa a este fenómeno não incide somente nas perdas económicas
para a organização, mas também no impacto que recaí sobre os funcionários. Assim,
a presente investigação tem como objectivo verificar quais os factores e motivos que
mais contribuem para o absentismo dos funcionários da Câmara Municipal de Évora. A
amostra é constituída por quinze participantes de cinco divisões: dez funcionários e
cinco chefes de divisão. Os resultados obtidos através de análise de conteúdo das
entrevistas efectuadas indicam que as questões relacionadas com a saúde são as que
mais contribuem para o absentismo sendo que as licenças médicas parecem estar
muitas vezes relacionadas com a “fuga ao trabalho”. Os factores de
desmotivação/insatisfação mais mencionados foram a falta de materiais e meios
técnicos, relacionamentos interpessoais, injustiça e o salário; ABSTRACT:The problem of absenteeism has been the subject of great interest due to the high
number of absences recorded in the workplace. However, the concern on this
phenomenon does not focus solely on economic loss to the organization, but also the
impact that falls on the employees. Thus, this research aims to determine what factors
and motives contribute most to the absenteeism of employees of the city council of
Évora. The sample is composed by fifteen participants of five divisions: ten employees
and five division supervisors. The results obtained through content analysis of
interviews indicated that the health related issues are those witch most contribute to
absenteeism and sick leave that often seem to be related to the “give up of the work”.
The dismotivation/unsatisfaction most often mentioned was lack of material and
technical means, interpersonal relationship, injustice and salary.
Weik, Martin H. "unjustified text." In Computer Science and Communications Dictionary, 1865. Boston, MA: Springer US, 2000. http://dx.doi.org/10.1007/1-4020-0613-6_20478.
Lucey, Kenneth G. "Essay #4: On Being Unjustified." In Pesky Essays on the Logic of Philosophy, 39–63. Cham: Springer International Publishing, 2014. http://dx.doi.org/10.1007/978-3-319-08063-5_4.
Moser, Paul K. "Epistemic Contextualism: Justification via the Unjustified." In Empirical Justification, 29–58. Dordrecht: Springer Netherlands, 1985. http://dx.doi.org/10.1007/978-94-009-4526-5_2.
Laugel, Thibault, Marie-Jeanne Lesot, Christophe Marsala, Xavier Renard, and Marcin Detyniecki. "Unjustified Classification Regions and Counterfactual Explanations in Machine Learning." In Machine Learning and Knowledge Discovery in Databases, 37–54. Cham: Springer International Publishing, 2020. http://dx.doi.org/10.1007/978-3-030-46147-8_3.
Možina, Damjan. "Restitution of use value of money in unjustified enrichment." In The Law of Obligations in Central and Southeast Europe, 143–55. London: Routledge, 2021. http://dx.doi.org/10.4324/9781003080565-9.
Carrier, Martin. "Identifying Agnotological Ploys: How to Stay Clear of Unjustified Dissent." In Philosophy of Science, 155–69. Cham: Springer International Publishing, 2018. http://dx.doi.org/10.1007/978-3-319-72577-2_9.
Schuerch, Res. "The Issue of Unjustified Asymmetry in the Enforcement of International Criminal Law." In International Criminal Justice Series, 139–68. The Hague: T.M.C. Asser Press, 2017. http://dx.doi.org/10.1007/978-94-6265-192-0_9.
Benati, Chiara. "Behüde mich vor vngerechtem gude. Were Goods Won in Game “Unjustified”? Medieval Gambling." In Pleasure and Leisure in the Middle Ages and Early Modern Age, edited by Albrecht Classen, 225–40. Berlin, Boston: De Gruyter, 2019. http://dx.doi.org/10.1515/9783110623079-005.
Czajka, Hanna, Szymon Czajka, Katarzyna Anna Dyląg, Elżbieta Borek, and Ernest Kuchar. "Vaccination Against Measles, Mumps, and Rubella in the Light of Current Epidemic Threats: Unjustified Postponement." In Advances in Experimental Medicine and Biology, 101–7. Cham: Springer International Publishing, 2019. http://dx.doi.org/10.1007/5584_2019_344.
ZIMMERMANN, REINHARD, DANIEL VISSER, and KENNETH REID. "Unjustified Enrichment." In Mixed Legal Systems in Comparative PerspectiveProperty and Obligations in Scotland and South Africa, 399–436. Oxford University Press, 2005. http://dx.doi.org/10.1093/acprof:oso/9780199271009.003.0014.
Laugel, Thibault, Marie-Jeanne Lesot, Christophe Marsala, Xavier Renard, and Marcin Detyniecki. "The Dangers of Post-hoc Interpretability: Unjustified Counterfactual Explanations." In Twenty-Eighth International Joint Conference on Artificial Intelligence {IJCAI-19}. California: International Joint Conferences on Artificial Intelligence Organization, 2019. http://dx.doi.org/10.24963/ijcai.2019/388.
Post-hoc interpretability approaches have been proven to be powerful tools to generate explanations for the predictions made by a trained black-box model. However, they create the risk of having explanations that are a result of some artifacts learned by the model instead of actual knowledge from the data. This paper focuses on the case of counterfactual explanations and asks whether the generated instances can be justified, i.e. continuously connected to some ground-truth data. We evaluate the risk of generating unjustified counterfactual examples by investigating the local neighborhoods of instances whose predictions are to be explained and show that this risk is quite high for several datasets. Furthermore, we show that most state of the art approaches do not differentiate justified from unjustified counterfactual examples, leading to less useful explanations.
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Aseev, Dmitriy Vladimirovich. "UNSUFFICIENT TAX ECONOMY: FEATURES AND PROBLEMS OF DEFINITION." In Russian science: actual researches and developments. Samara State University of Economics, 2020. http://dx.doi.org/10.46554/russian.science-2020.03-1-655/658.
The article is devoted to the problems of the occurrence of tax risks, the concept of unjustified tax economy, the problems of its regulation and the impact on tax control and interaction with taxpayers.
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Rozehnal, Petr, and Petr Krejci. "Justified and unjustified complaints on the quality of electricity in the Czech Republic." In 2013 13th International Conference on Environment and Electrical Engineering (EEEIC). IEEE, 2013. http://dx.doi.org/10.1109/eeeic-2.2013.6737892.
Fangxing Li, Yanli Wei, and S. Adhikari. "Improving an unjustified common practice in Ex Post LMP calculation: An expanded version." In Energy Society General Meeting. IEEE, 2010. http://dx.doi.org/10.1109/pes.2010.5590167.
Alekseeva, Valentina Evgenievna. "METHODICAL ASPECT OF STUDYING THE NOTION OF GENERAL SOLUTION OF THE DIFFERENTIAL EQUATION IN THE COURSE OF HIGHER MATHEMATICS." In International Scientific and Practical Conference. TSNS Interaktiv Plus, 2019. http://dx.doi.org/10.21661/r-497652.
Annotation: the article on a number of examples of equations with separable variables showed that the search for a general solution with strict adherence to the definitions may be associated with unjustified difficulties, whereas the description of the set of solutions in an arbitrary form is quite simple.
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Mazov, Nikolay, and Vadim Gureyev. "Journals’ hidden self-citation as the problem of publication ethics." In The Book. Culture. Education. Innovations. Russian National Public Library for Science and Technology, 2020. http://dx.doi.org/10.33186/978-5-85638-223-4-2020-140-149.
Twenty two science Russian periodicals in informatics and library studies are selected for the bibliometrical analysis of key journal indicators, including publication activity of the same journals’ editorial staff. For the first time for domestic journals, the study reveals hidden self-citation when editorial members include links to their journal from other publications. The available instruments of scientometrical databases, including Web of Science and Scopus, and the national system Russian Science Citation Index do not enable to identify this form of self-citation. The mentioned manipulations are aimed at boosting journal rating. In several cases, intensive and unjustified citation by journals’ editorial staff in other periodicals which we consider the violation of publication ethical principles, is revealed.
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Bogaerts, Bart, and Antonius Weinzierl. "Exploiting Justifications for Lazy Grounding of Answer Set Programs." In Twenty-Seventh International Joint Conference on Artificial Intelligence {IJCAI-18}. California: International Joint Conferences on Artificial Intelligence Organization, 2018. http://dx.doi.org/10.24963/ijcai.2018/240.
Answer set programming (ASP) is an established knowledge representation formalism. Lazy grounding avoids the so-called grounding bottleneck of ASP by interleaving grounding and solving; this technique was recently extended to work with conflict-driven clause learning. Unfortunately, it often happens that such a lazy grounding ASP system, at the fixpoint of the evaluation, arrives at an assignment that contains literals that are true but unjustified. The system then is unable to determine the actual causes of the situation and falls back to chronological backtracking, potentially wasting an exponential amount of time. In this paper, we show how top-down query mechanisms can be used to analyze the situation, learn a new clause or nogood, and backjump further in the search tree. Contributions include a rephrasing of lazy grounding in terms of justifications and algorithms to construct relevant justifications without grounding. Initial experiments indicate that the newly developed techniques indeed allow for an exponential speed-up.
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Rijkure, Astrida. "LNG Terminal Development Facilities in Latvia Basing on the Experience of Other States." In Contemporary Issues in Business, Management and Education. Vilnius Gediminas Technical University, 2017. http://dx.doi.org/10.3846/cbme.2017.009.
Liquefaction of natural gas provides great opportunities for its trade and transportation, making it cost-effective and accessible to places where installing pipelines is impossible or economically unjustified. Liquefied natural gas also opens opportunities for market diversification, if the region is tied to one supplier, as it is in Latvia, with potential positive effects on both the market price and the region's energy security. In view of the growing LNG trade and transport industry, the article studies the possibility to import natural gas in liquefied form. Neither Latvia or Estonia has largescale facilities to import natural gas in liquefied form. The only natural gas sources are natural gas imported from Russia through piping. Latvia and Estonia can import and store liquefied petroleum gas (LPG), which is the drained by-product of natural gas extraction and liquefaction process, ethane and butane. Lithuania has the only LNG import terminal in the Baltic countries. The aim of the study is to understand the feasibility and validity of constructing a LNG terminal in Latvian territory based on the Lithuanian experience
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Campbell, Tara L., and Heather L. Treacy. "The Impact of Aboriginal Interests Upon Proposed Pipeline Projects." In 2004 International Pipeline Conference. ASMEDC, 2004. http://dx.doi.org/10.1115/ipc2004-0355.
This paper will seek to address the rapidly evolving issues relating to the impact of aboriginal interests upon resource development projects. In particular, this paper will address the interaction between aboriginal interests and pipeline projects and recent judicial decisions that have impacted upon this interaction. This paper will specifically discuss the extent of consultation obligations with aboriginal people and strategies that may be employed by proponents of pipeline projects. More specifically, this paper will address the following: Distinctions between various types of constitutionally protected aboriginal interests, including, treaty rights (both historic treaties and comprehensive land claim agreements), aboriginal rights, including aboriginal title, and Me´tis rights; Understanding the obligations of government and third party resource developers to consult with aboriginal people, including consultation and accommodation of aboriginal interests and compensation issues; - Consultation as part of the regulatory approval processes for both provincially and federally regulated pipelines, including both National Energy Board requirements and provincial requirements (British Columbia and Alberta); and - The practical realities of consultation, including the scope of remedies for the unjustified infringement of aboriginal interests; and how to create a more effective consultation process and protect the interests of proponents of pipeline projects.
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Dzhailov, Dzhumabek, and Mardalieva Leila. "Strategy to Increase Competitiveness and Agro-Export Potential of Kyrgyzstan in the Conditions of Eurasian Integration." In International Conference on Eurasian Economies. Eurasian Economists Association, 2018. http://dx.doi.org/10.36880/c10.02060.
The analysis of the development of the agrarian sector, dynamics and structure of exports and imports of food and the state of the food market in Kyrgyzstan is carried out. The assessment of the level of competitiveness of the industry and food security is presented. Factors and risks of increasing the competitiveness of the agricultural sector under conditions of integration are revealed. The factors of unjustified growth of import-privatizability of the domestic food market and a reduction in the volume of exports of agri-food products were revealed. It is determined that the primary development of small-peasant forms of entrepreneurial activity negatively affects the effective use of the economic potential, the dynamics and growth rates of production and, in general, the competitiveness of the industry. The directions of development of import substitution of food have been developed. Prospects and economic mechanisms for supporting and stimulating the development of the production of competitive products of the industry and developing the country's agro-export potential under conditions of integration are grounded. Measures are proposed for the development of agricultural cooperation and the formation of competitive forms of management that will facilitate the effective transformation of the country's agricultural sector within the framework of the Unified Energy System.
Звіти організацій з теми "Unjustified":
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Altantuya, Jigjidsuren,, Oyun Bayar, and Habib Najibullah. Rationalizing Mongolia’s Hospital Services: Experiences, Lessons Learned, and Future Directions. Asian Development Bank, August 2021. http://dx.doi.org/10.22617/wps210305-2.
Before the 1990s, Mongolia had a health care system that largely depended on hospital-based services. The country’s hospital sector was characterized by the extensive use of an excessive number of acute beds, a large number of medically unjustified admissions, and lengthy hospital stays. In the early 1990s, the Government of Mongolia started socioeconomic reforms as part of the transition to a market economy. It requested the Asian Development Bank (ADB) to support health sector reforms in the country. This paper describes the hospital sector in Mongolia along with the reforms and results achieved, challenges that remain, and ongoing and future directions for ADB support to better respond to the needs of the people.
