Functions of casual interpretation Dudko, G.N.
Известия высших учебных заведений. Поволжский регион: Общественные науки,
03/2024
4
Journal Article
Peer reviewed
Open access
Background. The essence of any state-legal phenomenon can be known through the disclosure of its functions. The casual interpretation of legal norms is no exception. It is obvious that this type of ...activity is carried out daily by each person in the realization of their interests, however, in the legal literature there are very few studies devoted to its fea-tures, features, and functions performed by it. This determines the relevance of the issue raised. The purpose of the work is to analyze the concept and the classification series of functions performed by the casual interpretation of legal norms. Materials and methods. The implementation of research tasks was achieved on the basis of an analysis of the posi-tions of scientists in the legal literature regarding the concepts and types of interpretation functions in general. The methodological potential includes dialectical, formal-legal and functional methods of research, which allow us to formulate a definition of the functions of causal interpretation, as well as to propose their classification series. Results. The positions of leading jurists who understand the functions of interpreting law in different ways are studied, the main varieties of interpretation are analyzed, signs of the functions of causal interpretation are identified, and their main varieties are considered. Conclusions. The anal-ysis made it possible to conclude that the functions of interpretation can be proposed as: cognitive, informative and educational, communicative, activity, as well as the functions of clarifying the rules of law, streamlining social relations, adapting the rule of law to a legal incident, establishing and overcoming technical and legal defects, gaps and contradictions in legal norms.
The subject of the article is the analysis of Art. 150 of the Polish Criminal Code – criminal liability for euthanasia. The paper presents arguments indicating a narrow understanding of Art. 150 of ...the Polish Criminal Code that it penalizes only extreme cases of shortening the dying of a human being. Some arguments for the claim that Art. 150 of the Polish Criminal Code covers a wide spectrum of situations, not limited to accelerating the dying process of the victim, has been also presented. As a result, it has been clarified that the provision of Art. 150 of the Polish Criminal Code applies to all situations of ending the human life at the request of he or she and under the influence of compassion for her or him.
Objective
: to document the declining respect for expertise in the US Congress, the implications for policymaking given the wholesale nature of the legislative process, and some possible ways to ...account for the decline of expertise in the legislative process.
Methods
: dialectical approach to cognition of social phenomena, allowing to analyze them in historical development and functioning in the context of the totality of objective and subjective factors, which predetermined the following research methods: formal-logical and sociological.
Results
: It is no surprise to anyone that the US Congress has become a hyperpartisan battleground where little effort is expended to promote policies that work for Americans. While the US Congress has always viewed policy issues through the lens of party politics, the role of nonpartisan expertise in the legislative process is at an all-time low. The disrespect for experts is growing across society, but the decline in their use is particularly troubling in the US Congress because it exacerbates deficiencies that are inherent to the legislative process. The US Congress passes laws of general applicability and does not sit in judgment of specific applications of the law. Whether the US Congress does a good job setting those general policies depends on the process it uses for doing so. Sometimes, though increasingly rarely, the US Congress gathers the relevant facts and arguments about different aspects of a problem before acting. More often, legislators have specific outlier problems or prototypes in mind when they draft legislation, and if there is not an expert fact-finding process in place to study a proposal, cognitive biases may go unchecked.
Scientific novelty
: Part I details the role nonpartisan experts have played in the legislative process over time and documents the various ways that experts have fallen out of favor in the US Congress. Part II explains why this decline of expert involvement in legislation is particularly troubling given the way the US Congress operates as a body making wholesale policy with little individualized feedback on how its policies are applying to real-world scenarios. Part III then turns to the question of what, if anything, could or should be done about it. While the US Congress could, in theory, shift course, that seems unlikely. Throughout its history, the US Congress has cared about nonpartisan expertise when it worried about presidential overreach. But with parties dominating the political landscape, there is little likelihood that the US Congress will care enough about its institutional position relative to the executive. In the absence of legislative reform, Part III therefore considers two additional implications of the decline of expertise in the legislative process. First, the decline of internal expertise in the legislative body places greater weight on the use of administrative agencies to provide that guidance. Ironically, the US Supreme Court may be toying with a revitalization of the nondelegation doctrine at the precise moment that delegation is most urgently needed. Second, courts and other bodies that interpret statutes could consider the relationship between statutory meaning and the US Congress’s consultation with nonpartisan experts to help address statutory ambiguities.
Practical significance
:
the main provisions and conclusions of the article can be used in scientific, pedagogical and law enforcement activities when considering the issues related to the functioning of the US Congress
.
Speech recognition is an important research field in natural language processing. In Chinese and English, which have rich data resources, the performance of end-to-end speech recognition model is ...close to that of Hidden Markov Model—Deep Neural Network (HMM-DNN) model. However, for the low resource speech recognition task of Chinese English hybrid, the end-to-end speech recognition system does not achieve good performance. In the case of limited mixed data between Chinese and English, the modeling method of end-to-end speech recognition is studied. This paper focuses on two end-to-end speech recognition models: connection timing distribution and attention based codec network. In order to improve the performance of Chinese English hybrid speech recognition, this paper studies how to improve the performance of the coder based on connection timing distribution model and attention mechanism, and tries to combine the two models to improve the performance of Chinese English hybrid speech recognition. In low resource Chinese English mixed data, the advantages of different models are used to improve the performance of end-to-end models, so as to improve the recognition accuracy of speech recognition technology in legal Chinese English simultaneous interpretation.
Hermeneutics, or interpretation, can be defined as a procedure to clarify something that is incomprehensible, unclear or insufficiently understandable, insufficiently clear, and to interpret it to ...the level of comprehensibility. Hermeneutics can rightfully be called the art of understanding. Legal hermeneutics as an art is, in principle, a very complex process that can also be characterized as a process requiring the application of knowledge from various scientific fields. Legal knowledge, in the specific case of interpreting legal norms by procedural bodies, cannot be disputed. However, legal knowledge is not always sufficient to ensure adequate interpretation and application of law in a given case. The need for legal hermeneutics arises in situations where there is a discrepancy between the spirit and letter of a legal norm, when the legal norm is unclear, contradictory, ambiguous, or even polysemous, and of course, in situations where there is an absence of legal norms regulating a specific issue. The above indicates the importance and dimension of the application of legal hermeneutics as a timeless skill in the field of law and the application of legal norms. In line with the topic, the paper analyzes several important questions: how to define the term legal hermeneutics, what are the reasons leading to the need for legal hermeneutics, and finally, which characteristic forms of legal hermeneutics can be singled out and presented more closely, according to the criterion of means or methods of interpretation.
One of the most important tasks facing the judicial system is to achieve uniformity in judicial practice. Its absence makes law enforcement activity unpredictable, which not only complicates the ...activities of the subjects of procedural legal relations, but can also undermine public confidence in the judicial system. At the same time, due to the diversity, complexity and dynamism of social relations, it is not possible to achieve the specified qualitative state of judicial practice in all cases, and therefore the issue of identifying and comprehensive analysis of factors influencing the achievement of such uniformity is relevant. The article analyzes the problems associated with the existence and classification of factors affecting the uniform interpretation and application of the rule of law in civil and arbitration proceedings. Problems related to the specificity and degree of influence of these factors on the uniformity of judicial practice are analyzed. Special attention is paid to the study of the prerequisites for the observance and violation of such uniformity in the legislation. The aim of the study is to establish and classify factors affecting the uniform interpretation and application of the rule of law in civil and arbitration proceedings. To achieve this goal, the author has set the task of analyzing each of these factors in terms of the degree and specificity of its impact on the results of law enforcement. Also, the author has set the task of formulating conceptual proposals for improving the current legislation. Based on the results of the study, the author identified five categories of factors influencing the uniform interpretation and application of the rule of law in civil and arbitration proceedings, and also identified specific factors within each of the categories. It is proposed to concretize the list of applicable forms (sources) of law in the current legislation, including in an exhaustive way to resolve the issue of the possibility of using judicial precedent and legal doctrine as such. The author also proposed to regulate in detail and uniformly the essence and place of generalizations of the practice of courts of inspection instances, providing for the possibility of referring to them when passing judicial decisions on specific cases.
Se discute si los derechos emergentes detentan o no la naturaleza de derechos humanos, lo cual, desde perspectivas dogmáticas y formalistas, podría ser un obstáculo para su efectividad. En tal ...sentido, el objetivo del presente trabajo consistió en analizar las metodologías interpretativas y argumentativas utilizadas por la Corte Constitucional colombiana en el marco del Estado Constitucional que posibilitan concretar el alcance jurídico de nuevos derechos en aras de encauzar su justiciabilidad y materialización. Metodológicamente, se trata de una investigación jurídica, realizada desde el paradigma cualitativo, de tipo explicativo, mediante revisión bibliográfica. Respecto a los resultados, la investigación develó que si bien los derechos emergentes enfrentan dificultades en cuanto a su fundamentación por la ausencia de consenso acerca de si ostentan o no el carácter de derechos humanos, la especificidad de la interpretación constitucional, orientada en forma determinante por el postulado político Estado social de derecho, los valores de dignidad humana y justicia material en armonía con los enfoques de argumentación retórico y dialógico, constituyen herramientas vitales para su reconocimiento como derechos fundamentales. Este trabajo contribuye no solo a avanzar en la fundamentación teórica de los derechos emergentes, sino a viabilizar la determinación de sus contenidos a partir del análisis de la actividad hermenéutica y argumentativa propias del constitucionalismo contemporáneo. En conclusión, es dable sostener que el carácter especial de la interpretación constitucional aunada a los referidos enfoques argumentativos posibilita ampliar el ámbito de protección de los derechos a partir de la resignificación de los valores que soportan el sistema jurídico.
Influence of Legal Environment on Housing Delivery Krishnamurthy, Apoorva Dandinashivara; Mahesh, Gangadhar
Journal of legal affairs and dispute resolution in engineering and construction,
8/2024, Volume:
16, Issue:
3
Journal Article
Peer reviewed
AbstractDeveloping economies worldwide are pressed by the fundamental need of housing for their citizens. The present study assessed the influence of the existent legal environment in India on the ...delivery of assets in private housing market. In mass urban housing supply by private real estate promoters/developers, 14 key factors contributing to deficient housing supply were identified from within the framework and interpretation of real estate laws, while 33 factors captured deficiencies in execution of laws. A questionnaire survey was undertaken to gain the viewpoints of relevant sector-specific stakeholders on the identified factors. Statistical analyses were conducted to arrive at factors bearing statistical significance to deficient housing delivery. Gaping loopholes in the framework and interpretation of real estate laws were ascertained to have been further exacerbated by inefficiencies in execution of laws. The findings reflect the pressing need to enhance the efficiency of existent legal environment to optimize housing delivery in India.
The article is dedicated to the memory of Professor A.F. Cherdantsev, a well-known Russian legal theorist. In the focus are creative periods of the scientist's life. Particular attention is paid to ...his contribution to the development of legal science with the emphasis on law interpretation, scientists achievements in the field of investigating epistemological nature, values (principles) of interpretation of legal norms, formulation of linguistic, systemic and other rules. The author's contribution to the development of methodology of law and his criticism of the integrative approach in jurisprudence have also been illustrated. The article analyzes the scholars development of the legal norm doctrine, its structure, technical and legal regulations, etc. His contribution to the development of educational literature is separately considered and highly appreciated. The tribute is also given to his individual scientific papers. It is proposed to systematize and republish Professor Cherdantsevs works.
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