• 제목/요약/키워드: Science and law

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Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • 제22권11호
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

The Impact of Kinship in Criminal Cases under the Saudi Criminal Law

  • Alnasyan, Mohammed Sulaiman
    • International Journal of Computer Science & Network Security
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    • 제22권6호
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    • pp.357-363
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    • 2022
  • Kinship is a permanent relationship which is likely to impact the regulations adopted by the legislator to deal with crimes involving close relatives. Accordingly, the title "Impact of Kinship on a Criminal Case" is intended to highlight the legal provisions related kinship, regarding such case, and the procedures associated therewith; as the legislator takes kinship into account, particularly with respect to the procedures related to crimes between relatives; and it is the legislator's aim to protect such relation.

다문화가정의 고부만족도, 문화적응스트레스 및 스트레스 대처전략이 노인 우울에 미치는 영향 (Effects of Satisfaction Level in the Relationship between Mother-in-law and Daughter-in-law, Acculturative Stress and Stress Coping Strategies on Elderly Depression in Multi-cultural Families)

  • 정은숙
    • 가정간호학회지
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    • 제24권2호
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    • pp.133-141
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    • 2017
  • Purpose: This descriptive study aims to analyze the effects of the satisfaction level in the relationship between mother-in-law and daughter-in-law, conflicts between them, acculturative stress and stress coping strategies on elderly depression in multi-cultural families. Methods: The survey was conducted on 89 mothers-in-law, aged 65 or older, in multi-cultural families with a foreign daughter-in-law. Data were collected through structured questionnaires, and then were used to conduct t-test, ANOVA, correlation and multiple regression analyses using the statistical program SPSS 21.0. Results: This study found several factors contributing to depression of mothers-in-law in multi-cultural families. Those factors include living alone without a spouse, poor health, a high level of perceived discrimination and a passive reaction in terms of stress coping strategies. Conclusion: A sense of discrimination perceived by the mothers-in-law having a foreign daughter-in-law implies that the people around them and the community should make efforts to reject distorted perspectives and remove prejudice against foreign daughters-in-law. In addition, the mothers-in-law should receive education and training to use more active and positive stress coping strategies in a stressful situation with the foreign daughter-in-law.

부처간 정책갈등과 조정에 관한 연구 -과학기술기본법 제정과정을 중심으로- (A Study on Inter-Ministerial Policy Conflict and Coordination: Focusing on the Science and Technology Basic Law Making Process in Korea)

  • 박정택
    • 과학기술학연구
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    • 제3권1호
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    • pp.105-156
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    • 2003
  • 본 연구는 1990년 이후 모방형에서 혁신형으로 과학기술정책의 패러다임이 변화되면서 과학기술정책형성을 둘러싸고 다양하게 발생하는 부처간 정책갈등 현상과 그 조정과정을 분석하였다. 연구를 위해 과학기술기본법(기본법) 제정과정을 사례로 선정하고, 연구의 시간적 범위를 '92년부터 '01년까지로 하여, 법률안 태동기, 과도기, 입법기 등 3개의 시기단위로 구분하여 비교 분석하였다. 부처간 정책갈등의 원인과 양상을 부처간 상호작용의 동기를 기준으로 정책 지향적 갈등과 관할권 지향적 갈등으로 구분 분석하였다. 갈등조정 방법의 분석은 수평적 분석적 조정과 수직적 정치적 조정을 그 기준으로 하였다. 연구결과를 부처간 정책 갈등양상, 정책갈등의 특징, 정책갈등의 조정과정, 그리고 참여자들의 특징적 양상 등을 중심으로 요약하면 다음과 같다. 첫째, 정책갈등은 태동기에는 부처간 정책지향의 차이에 따른 갈등이 관할권 지향에 의한 갈등보다 우위현상을 보였고, 과도기에는 정책 지향과 관할권 지향에 의한 갈등이 복합적으로, 그리고 입법기에는 관할권 지향에 의한 갈등이 지배적인 현상을 보였다. 둘째, 정책갈등에 대한 조정과정은 태동기에는 수평적 분석적 조정이 주류를 이루었고, 과도기에는 수평적 수직적 정치적 조정양상이 다양하게 나타났으며, 입법기에는 수직적 정치적 조정 양상이 두드러지게 나타났다. 셋째, 정책갈등에 대한 조정결과는 참여자들의 특징을 중심으로 분석하였다. 그 결과부처간 정책갈등을 해결하는 데 있어서 국회와 정당이 결정적인 역할을 했음을 보여주었다.

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제조물책임법상 제조물로서 의약품의 결함 (Defective Medicine according to Product Liability Law)

  • 전병남
    • 의료법학
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    • 제8권1호
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    • pp.235-277
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    • 2007
  • In Product Liability law, the 'defection' of the manufactured products is its key concept, defined in detail. The concept had been already developed through the precedents and theories for the past years even before the PL law was enacted and the concept was listed. Especially, the medicine products need the different approach, because they might directly harm to the human life and body due to their being injected or taken, unlikely other manufactured articles. Since the medical products have the double contradictory functions such as effects and side effects, the defection decisions become so difficult. However, because there are high concerns that wrong medical products will directly harm the human life and body, the decision standards should be more strengthened. The decision standards should include the risk-effect standard as the considered components and make the customer-expecting standard as the final standard. The decision time for defection should be made considering the science technology level when the medical products were provided, not when the accident occurred. It is the most important for the manufacturers to prevent the damages by making and selling the non-defective medicine products for themselves, rather than by taking the legal remedy means afterwards. Therefore, the non-defective guidelines for the medicine manufacturers will help increase the effects and minimize the side-effects.

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A new Bayesian approach to derive Paris' law parameters from S-N curve data

  • Prabhu, Sreehari Ramachandra;Lee, Young-Joo;Park, Yeun Chul
    • Structural Engineering and Mechanics
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    • 제69권4호
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    • pp.361-369
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    • 2019
  • The determination of Paris' law parameters based on crack growth experiments is an important procedure of fatigue life assessment. However, it is a challenging task because it involves various sources of uncertainty. This paper proposes a novel probabilistic method, termed the S-N Paris law (SNPL) method, to quantify the uncertainties underlying the Paris' law parameters, by finding the best estimates of their statistical parameters from the S-N curve data using a Bayesian approach. Through a series of steps, the SNPL method determines the statistical parameters (e.g., mean and standard deviation) of the Paris' law parameters that will maximize the likelihood of observing the given S-N data. Because the SNPL method is based on a Bayesian approach, the prior statistical parameters can be updated when additional S-N test data are available. Thus, information on the Paris' law parameters can be obtained with greater reliability. The proposed method is tested by applying it to S-N curves of 40H steel and 20G steel, and the corresponding analysis results are in good agreement with the experimental observations.

Guidance Law for Vision-Based Automatic Landing of UAV

  • Min, Byoung-Mun;Tahk, Min-Jea;Shim, Hyun-Chul David;Bang, Hyo-Choong
    • International Journal of Aeronautical and Space Sciences
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    • 제8권1호
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    • pp.46-53
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    • 2007
  • In this paper, a guidance law for vision-based automatic landing of unmanned aerial vehicles (UAVs) is proposed. Automatic landing is a challenging but crucial capability for UAVs to achieve a fully autonomous flight. In an autonomous landing maneuver of UAVs, the decision of where to landing and the generation of guidance command to achieve a successful landing are very significant problem. This paper is focused on the design of guidance law applicable to automatic landing problem of fixed-wing UAV and rotary-wing UAV, simultaneously. The proposed guidance law generates acceleration command as a control input which derived from a specified time-to-go ($t_go$) polynomial function. The coefficient of $t_go$-polynomial function are determined to satisfy some terminal constraints. Nonlinear simulation results using a fixed-wing and rotary-wing UAV models are presented.

법의 지배와 한국정치학의 빈 구멍 (The Lack of Judicial Politics and Challenge of Democracy in Korea)

  • Kang, Miongsei
    • 분석과 대안
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    • 제1권1호
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    • pp.3-16
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    • 2017
  • This paper aims to emphasize the necessity of beginning and developing judicial politics in Korea. Law is constitutive of politics, and judicial politics is vital in understanding how politics is influenced by law. Disappointingly, social science in Korea has not recognized the importance of judicial politics. Judicial branch in Korea does not have the capacity to constrain the executive or other government agencies governed by elected officials. The rule of law does not work. Judicial politics has not yet been introduced in Korea, despite its enormous importance in shaping political economy. The rule of law and courts are believed to be the institutional foundation for economic growth. Law embodied in "no one is above the law" is recognized to provide fairness and stability with a democracy. Little attention to judicial politics results in leaving behind a missing link in a polity. The fortification of the rule of law is necessary to make democracy consolidated in Korea, as shown in impeachment of former president Park Geunhae. A new scholarship in Korea on judicial politics is in need to discuss what conditions under which the rule of law is possible and how to make it sustainable.

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A Missile Guidance Law Based on Sontag's Formula to Intercept Maneuvering Targets

  • Ryoo, Chang-Kyung;Kim, Yoon-Hwan;Tahk, Min-Jea;Choi, Kee-Young
    • International Journal of Control, Automation, and Systems
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    • 제5권4호
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    • pp.397-409
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    • 2007
  • In this paper, we propose a nonlinear guidance law for missiles against maneuvering targets. First, we derive the equations of motion described in the line-of-sight reference frame and then we define the equilibrium subspace of the nonlinear system to guarantee target interception within a finite time. Using Sontag's formula, we derive a nonlinear guidance law that always delivers the state to the equilibrium subspace. If the speed of the missile is greater than that of the target, the proposed law has global capturability in that, under any initial launch conditions, the missile can intercept the maneuvering target. The proposed law also minimizes the integral cost of the control energy and the weighted square of the state. The performance of the proposed law is compared with the augmented proportional navigation guidance law by means of numerical simulations of various initial conditions and target maneuvers.