bluuebunny/crossref_metadata_2025 huggingface dataset:
Using Data Mining on Students’ Learning Features: A Clustering Approach for Student Classification
Authors: Zhou Xiaolan ,   School of Foreign Languages, China University of Geosciences, An Jianqi , Zhao Xin , Dong Yuanxing ,   School of Automation, China University of Geosciences
Published: December 2016

Students have different levels of motivation, approaches to learning, and intellectual levels. The better that instructors understand these differences, the better the chances they have of improving their quality of teaching. To explore differences thoroughly, we focuses on three crucial factors in student learning features – i.e., personality, learning style and multiple intelligences – and propose an approach effective in classifying students for the purpose of instructing instructors while optimizing their teaching process. We collected data on learning features from a class of 58 college students and analyzed these data by using principal component analysis (PCA) and then classified them using Ward clustering. Results of experiments indicate that our proposal effectively classifies students based on their learning features and that classification results facilitate instructors in creating personalized teaching strategies.
Simulation of Human Detection System Using BRIEF and Neural Network
Authors: Yasuoka Yuto ,   Kochi University of Technology, Shinomiya Yuki , Hoshino Yukinobu
Published: December 2016

Pedestrian detection systems are increasing in popularity recently. These systems that work together with car-mounted cameras need to operate in real-time. A Field Programmable Gate Array (FPGA) is able to work in a highly optimized parallel process and hence it is expected to work in real-time. However, it is difficult for FPGA to calculate complex processes. Therefore, pedestrian detection methods must have low computational costs in order to implement the system using FPGA. This paper proposes a system that uses Binary Robust Independent Elementary Features (BRIEF) and a Neural Network (NN) as a pedestrian detection method. The system was simulated using a CPU and the human detection performance was evaluated. Additionally, the NN was trained using three Particle Swarm Optimization (PSO) methods. The performance of our approach was shown using a Receiver Operating Characteristic (ROC) curve with respect to each learning method. In the future, the system needs to improve the human detection rate and it will be implemented and simulated using an FPGA.
Signal Processing on Precursory “Fingerprint” Image Pattern Feature of Yushu Earthquake
Authors: Yang Yue ,   School of Automation, China University of Geosciences, Liu Wei , Zeng Zuoxun , Xue Wei ,   School of Earth Sciences, China University of Geosciences
Published: December 2016

Precursory earthquake data are linked closely to the earthquake processes. Taking the Tibetan Autonomous Region’s Yushu County earthquake as an example, we analyzed three types of earthquake signals and studied a modeling method for self-adaptative matching warning data on precursory data’s fingerprint features. We calculated different timescale features of precursory fingerprint pattern images based on statistical physics and image matching. We also developed corresponding fuzzy discriminant rules and established a database of warning-image fingerprint pattern features for the Yushu County region and studied evolutionary laws for the data feature patterns under different time scales during abnormal development in front of and behind of abnormal development. Result were similar to the general “fingerprint” pattern feature among precursory earthquake data for different signal channels, but the details of these characteristics are completely different. This special “fingerprint” image pattern feature is useful as on early warning of possible geological follow-up activity. Our method could improve the limitations on and low efficiency of manual handling and could also heighten observational accuracy and work efficiency.
MODEL BISNIS USAHA AGRIBISNIS “KELOMPOK TANI KATATA” : SEBAGAI INSPIRASI BISNIS BAGI USAHA KECIL AGRIBISNIS
Authors: Mukti Gema Wibawa , Budi Kusumo Rani Andriani , Nursyamsiyah Nursyamsiyah
Published: December 2016

Perkembangan pasar terstruktur sebagai alternatif pasar bagi petani hortikultura menimbulkan optimisme tinggi bagi para petani hortikultura untuk terus mengembangkan usahanya.. Tujuan Penelitian adalah mengetahui proses dan tahapan tahapan memulai wirausaha produk hortikultura dan bagaimana pengembangan usaha yang telah dilakukan, agar menjadi inspirasi bagi pelaku usaha hortikultura skala kecil lainnya. Desain penelitian adalah kualitatif deskriptif. Teknik penelitian yang digunakan dalam penelitian ini adalah teknik studi kasus. Rancangan Analisis Data menggunakan model bisnis canvas. Hasil penelitian menunjukkan bahwa kelompok tani Katata merintis jalan dengan memfokuskan diri memenuhi permintaan pasar modern dan ekspor. Dalam perjalanannya, Katata berkolaborasi dengan Perguruan Tinggi dan Bank Indonesia, untuk mempermudah akses terhadap teknologi, informasi pasar dan aspek keuangan. Dengan kolaborasi tersebut, maka Katata dapat menjalankan bisnis dengan efektif, sehingga dapat memenuhi permintaan pasar secara optimal dan mendapatkan profit dari aktivitas bisnisnya tersebut. Model bisnis yang diterapkan oleh kelompok tani Katata tersebut diharapkan dapat menjadi inspirasi bagi kelompok – kelompok tani lainnya atau bahkan masyarakat yang ingin berbisnis di bidang pertanian.
KEUNGGULAN KOMPARATIF KOMODITAS HORTIKULTURA DI KAWASAN AGROPOLITAN KECAMATAN BELIK
Authors: - Watemin
Published: December 2016

Penelitian ini bertujuan untuk mengetahui keunggulan komparatif dari komoditas hortikultura yang dibudidayakan oleh petani di Kawasan Agropolitan Kecamatan Belik Kabupaten Pemalang. Penelitian dilakukan dengan menggunakan metode survey. Data penelitian diperoleh dari responden sebanyak 50 orang petani yang dipilih secara sengaja. Data penelitian yang diperoleh selanjutnya dianalisis dengan menggunakan analisis Koefisien Biaya Sumber Daya Domestik (Koefisien BSD). Hasil analisis menunjukan bahwa koefisien biaya sumber daya domestik lebih besar dari satu (koefisien BSD > 1). Dengan demikian komoditas hortikultura utama yang dibudidayakan oleh petani di Kecamatan Belik tidak memiliki keunggulan komparatif dibandingkan dengan komoditas sejenis yang dibudidayakan oleh petani di negara lain.
Transparência e opacidade na gênese e desenvolvimento das línguas pidgins e crioulas: o caso das palavras interrogativas
Authors: Lucchesi Dante
Published: December 2016

A partir da relação de implicação entre simplificação morfológica e incremento da transparência no funcionamento das línguas, este artigo focaliza como essas categorias atuam nos processos de pidginização e crioulização. A base empírica desta reflexão é fornecida por dados de mudanças que normalmente afetam as palavras interrogativas (e.g., onde, quando, quem) na gênese das línguas pidgins e crioulas. O objetivo deste artigo é contribuir para uma teoria mais equilibrada da mudança linguística, evitando os paradoxos que cercam as teorias tradicionais que se orientam por um princípio único, como o de que as línguas humanas tendem à simplificação em seu devir histórico.
Engajamento e processamento discursivo: diálogos entre a Linguística Sistêmico-Funcional e a Linguística Cognitiva
Authors: Gonçalves-Segundo Paulo Roberto
Published: December 2016

O objetivo deste artigo é analisar o processamento cognitivo de recursos de engajamento (MARTIN; WHITE, 2005), a partir da Teoria do Espaço Dêitico (CHILTON, 2014), abordagem que considera a cognição espacial e a capacidade de perspectivação como dois dos pilares para a configuração da linguagem e para a execução do processamento linguístico-discursivo. A teoria propõe analisar, de forma integrada, a interação entre os domínios de atenção/referência, tempo e modalidade, a partir de um conjunto de eixos coordenados tridimensionais baseados na geometria euclidiana. Assim, torna-se possível hipotetizar formas de processamento deiticamente ancorado de uma diversidade de fenômenos, dentre os quais se destacam para este artigo: a negação, o discurso relatado, a modalização epistêmica e a adjunção modal.
Características acústicas de laterais em posição intervocálica em produções de falantes curitibanos
Authors: Furtado Maria Julia Fonseca
Published: December 2016

Este estudo investiga acusticamente consoantes laterais em posição intervocálica no português brasileiro (PB). Foram observadas laterais em palavras como “vela” e “velha” e após a interação com a morfologia formando palavras como “velinha” e “velhinha”. Os resultados obtidos apontam para a presença de dois grandes grupos: o primeiro, com valores médios de F2-F1 em torno de 650 Hz e com caraterísticas apontadas na literatura condizentes com as da lateral alveolar; e o segundo com valores médios de F2-F1 crescendo de 1300 Hz a 1600 Hz, interpretados como laterais com um grau crescente de palatalização. Notou-se que a interação com a morfologia parece levar a um enfraquecimento da distinção entre os sons laterais do português.
Reflexões sobre o ensino de língua materna: a relação entre concepção de língua e construção dos sentidos
Authors: Vidal Maria Eunice Barbosa
Published: December 2016

Este artigo examina em que medida e por que universitários se servem mais de algumas estratégias sintáticas do que de outras, na reescrita de textos, a fim de devolver clareza a trechos obscuros. Também se sugere, a partir das reflexões sobre esses textos, uma alternativa de ensino da sintaxe sob a perspectiva do paradigma da complexidade.
Role of Positron-Emission Tomography in Prognosis of Outcomes of High-Dose Chemotherapy with Autologous Hematopoietic Stem Cell Transplantation in Hodgkin’s Lymphoma
Authors: Potapenko Vsevolod Gennad'evich , Mikhailova N.B. , Smirnov B.I. , Skorokhod I.A. , Chaginskaya D.A. , Ryabchikova V.V. , Samorodova I.A. , Podol'tseva E.I. , Ipatov V.V. , Boikov I.V. , Semelev V.N. , Gornostaev D.A. , Potapenko T.G. , Kulibaba T.G. , Medvedeva N.V. , Afanas'ev B.V.
Published: December 2016

Aim. To perform a comparative analysis of the prognostic significance of positron-emission tomography (PET) with other prognostic factors of the efficacy of high-dose chemotherapy (HDCT) with autologous hematopoietic stem cell transplantation (auto-HSCT) in patients with Hodgkin's lymphoma. Methods. Data on 84 patients with Hodgkin's lymphoma receiving treatment over the period from October 2007 till November 2015 were analyzed. The median age was 26.6 years (range: 10-62). The median follow-up was 25 months (range: 1-81 months). The prognostic significance of sex, response to the initial chemotherapy, time to relapse, second-line chemotherapy regimen type, B-symptoms, tumor size (>5 cm in cases of relapse prior to the HDCT), serum LDH and albumin levels, CT findings, the number of chemotherapy lines, conditioning regimen before the auto-HSCT, and the metabolic activity before the HDCT (PET1, n = 82) and after auto-HSCT (PET2, n = 57) was analyzed. Results. The two-year overall (OS) and event-free (EFS) survival rates were 70.6 % and 58.7%, respectively. Prognosis was the worst in patients with CT-confirmed lymphoma progression by the initiation of HDCT. In the presence of a CT-response, the PET status of lymphoma has a prognostic significance. The 2-year OS and EFS rates of PET1-negative and PET1-positive patients were 82 % vs. 62 % (p = 0.056) and 74 % vs. 44 % (p = 0.003), respectively. In PET2-negative and PET2-positive patients, the OS and EFS rates were 90 % vs. 65 % (p = 0.013) and 72 % vs. 52 % (p = 0.014), respectively. From the prognostic point of view, PET2 findings prevailed over PET1 findings. The multivariate analysis confirmed only PET2 significance for OS prediction. Conclusion. The tumor sensitivity to the chemotherapy assessed by the CT is the most important prognostic factor. In case of a positive CT dynamics, the achievement of PET1 or PET2 negativity before or after HDCT/auto-HSCT is a favorable prognostic factor. The worst prognosis was observed in patients with tumor metabolic activity before or after HDCT/ auto-HSCT.
Pemanfaatan Media Pembelajaran Berbasis ICT pada Lembaga Pendidikan Non-Formal TPQ
Authors: Muslih Muslih
Published: December 2016

It is the fact that technology has developed rapidly today. Such a development has influenced communication pattern among people, including communication in the field of education, particularly the process of instruction in a class between teacher and student. Audio visual aids began to be utilized to deliver educational messages. In this case, these audio visual aids were functioned  not merely as device aids in education but more than that they can function as an effecitve educational message deliverer. To support the success of teaching and learning process in a class, the utilization of audio visual aids need to be maximized. The utilization of instructional media, especially the ones based on Information and Communication Technology (ICT) is a must and need to be adopted by all teachers today if they wish to have effective and efficient instructions. This is valid for not only teachers who work in formal educational institution like a school, but also for teachers working in non-formal educational institution such as educational park of the Quran (TPQ).
Pemanfaatan Information and Communication Technology bagi Pengembangan Guru Madrasah Sub Urban
Authors: Chodzirin M.
Published: December 2016

The seriousness of the school/madrasah in updating instructional media hampered by the incompetence of some teachers use ICT-based learning media as one way of presenting the material. Mastery and knowledge of information technology will facilitate the teacher in finding the source of learning, so that students will not get bored attend classes. ICT training has been able to change mindside teacher of the conventional learning becomes more interactive learning. Teachers are becoming more aware that the presence of technology is inevitable in the learning process. Rapid technological developments should be exploited so that teachers who emerges is a positive impact, and not vice versa. The use of technology can help the learning process becomes more effective and efficient, and fun.
Pendampingan Pembelajaran Berbasis Lesson Study dan Penelitian Tindakan Kelas dalam Rangka Optimalisasi Kinerja Guru Mapel Bahasa Inggris
Authors: Tarwiyah Siti
Published: December 2016

English Language Learning in some schools had not been conducted maximally.  One of the influencing factors was the pedagogic and professional competence of the teachers which had not met the standard as mentioned in the Permendikbud No 16 Year 2007. Lesson Study and Classroom Action was expected to enhance pedagogic and professional competence to meet the process standard and the quality of English teaching learning process in general.  The achievement indicators of this program were: (1) arranging lesson plan based on the requirement of process standard, (2) understanding and implementing contextual learning, (3) creating varied learning activities based on text-based learning, (4) choosing and developing learning media appropriately, (5) developing and delivering learning materials, (6) Arranging instrument and conducting assessment and evaluation, (7) doing reflective teaching, (8) enhancing teaching preparedness, (9) planning a Classroom Action Research.
Physical and chemical impacts of conventional unit processes and coagulants on the dinoflagellate, Ceratium hirundinella
Authors: Ewerts H. , Janse van Vuuren S. , Swanepoel A. , Tiedt L.
Published: December 2016

The freshwater dinoflagellate, Ceratium hirundinella (C. hirundinella) with its complex morphology and robust thecal plate cell covering, is responsible for extensive problems during drinking water production. To have a better understanding of these problems, knowledge of what happens to the integrity of the cells after each step of the conventional water treatment process is essential. Therefore, the aim of this study was to investigate the physical and chemical impacts of conventional unit processes (prior to sand filtration) on the morphology of C. hirundinella cells and the appearance of cells in aggregation or in flocs. Source water samples enriched with C. hirundinella cells (>500 cells/ml) were used to conduct jar stirring experiments. Samples for scanning electron microscopy (SEM) were collected from raw water, after flash mixing and from the sediment that formed when dosing various coagulant chemicals. The coagulant options included hydrated lime and activated silica (Ca(OH)2-SiO2) which increase the pH to levels above 10, hydrated lime in combination with organic polymer (Ca(OH)2-poly) that increases the pH to levels of approximately 9 and organic polymer (poly) alone which has no effect on the pH of the water. Results obtained from SEM investigations revealed significant damage to the cells due to flash mixing, as well as due to the dosing of Ca(OH)2-SiO2. When dosing organic polymer alone, no further impacts on the cell integrity were observed after flash mixing, but it resulted in poor cell removal. Ca(OH)2-poly caused less damaging effects to the cells when compared to Ca(OH)2-SiO2, but resulted in moderate removal of C. hirundinella cells. Treatment plants that experience algal-related problems, especially during coagulation should consider using SEM to select appropriate coagulant dosages in order to avoid further cell damage that may occur during floc formation.
Assessing human resources renovation needs in water utilities
Authors: Feliciano J. , Almeida R. , Santos A. , Ramalho P. , Ganhão A. , Covas D. , Alegre H.
Published: December 2016

Human resources are one of the most important assets of water utilities (WUs), being responsible for assuring systems management and playing an important role in the tacit forms of organizational knowledge. In organizations with responsibility for managing extensive, diverse infrastructure with long life-cycles, with adequate service and acceptable risk levels, knowledge transfer between peers should be assured to maintain a stable human resources framework. In WUs, strategic asset management should include the long-term planning of human resources alongside urban water infrastructure assets, to ensure service sustainability. Based on these assumptions and driven by the legal obligations in developing infrastructure asset management plans, Administração e Gestão de Sistemas de Salubridade, S.A. (AGS) created and implemented a novel personnel aging index (PAI) with the main goal of evaluating the human resources framework, including employee ages and professional categories, and the remaining time needed to transfer knowledge to new members of staff. This paper describes AGS' approach to human resources management under the asset management policy and PAI's formulation. A case study with 10 AGS WUs is presented, aiming to evaluate their teams' maturity level and allowing comparison between WUs.
River safe yield with the constraint of a contracted rectangular weir for surface water supply
Authors: Lau Jing Teck , Mah Darrien Yau Seng , Hasan Alsidqi
Published: December 2016

Aydin et al. introduced the weir velocity concept in 2011 for discharge measurement in contracted rectangular sharp-crested weirs. Gharahjeh et al. further reinforced this formula in 2015 to allow discharge to be computed using only weir velocity and crest width. These newly introduced expressions are tested and demonstrated to determine surface water yield of Tapah River in Sarawak. Aydin and Gharahjeh's formula is found to perform similarly to the improved discharge coefficient developed by French in 1986, but is simpler and easier to use. Exploring Aydin and Gharahjeh's formula through theoretical, experimental, and field approaches, it has been found that the formula performs well in a controlled environment. Discharge computations based on field data were determined to have been formerly underestimated, with the reason as yet undetermined.
Paisagens da Mobilidade na Cidade de Anápolis: o caso da Avenida Brasil
Authors: Rézio Tiago José Duarte , Valva Milena D’Ayala
Published: December 2016

As discussões levantadas nesse artigo tomam partido da escala regional e, sobretudo da escala local, para analisar como os impactos causados por intervenções urbanísticas e de infraestrutura ocorridas na Av. Brasil em Anápolis, Goiás, interferem na dinâmica da circulação da cidade e principalmente na mobilidade do pedestre e sua relação com a paisagem. Progressivamente a saturação da capacidade viária da Avenida está gerando eventos que reduzem a eficiência não só da própria via, mas da cidade em seu conjunto, dada a importância dessa arterial no contexto urbano. Entende-se que compreender as dinâmicas que envolvem a Av. Brasil, o pedestre e a paisagem no qual ele se insere, será fundamental para uma reflexão acerca da produção do espaço urbano em Anápolis. Desta forma, justificamos os estudos sobre o direcionamento dos investimentos em mobilidade e em uma infraestrutura urbana socialmente justa.
Controle Populacional do Morcego Hematófago Desmodus rotundus e Redução de Ataques a Herbívoros Domésticos no Município de São Pedro, São Paulo, Brasil
Authors: Mialhe Paulo Jacques , Moschini Luiz Eduardo
Published: December 2016

Foi realizado um estudo numa região serrana do Estado de São Paulo a fim de verificar a eficácia do controle seletivo direto e comparar com tratamentos semelhantes realizados em outros estudos. Às proporções de ataques antes e após o controle populacional foi aplicado o teste t de Student, com significância de 5%, indicando que houve uma redução dos ataques de D. rotundus em função do controle populacional realizado nos abrigos destes morcegos. O controle eliminou todos os morcegos nos abrigos, mas os ataques no rebanho continuaram, sendo reduzidos a um percentual inferior ao encontrado em outros estudos. Essas diferenças podem ser devido às diferentes condições naturais dos abrigos, clima, cobertura vegetal e topografia de cada região. O percentual de ataque ao rebanho total foi reduzido a níveis inferiores a 5%, não havendo mais necessidade da realização do controle seletivo direto, sendo recomendado somente o controle seletivo indireto.
Diretrizes Curriculares Nacionais: Qual o caminho para Educação Física?
Authors: Oliveira-Silva Iransé , Oliveira Ricardo Jacó de , Guimarães Juracy Da Silva
Published: December 2016

A presente nota técnica problematiza as questões relativas às diretrizes curriculares nacionais referentes à área da Educação Física, sobretudo no que diz respeito à origem, aos documentos históricos relacionados à divisão da formação, e as evidências trazidas pelo projeto de Minuta do CNE. Além disso, apresenta elementos teórico-conceituais e evidências históricas acerca da Educação Física no Brasil. Após percorrer a gênese da construção da área, enfatiza-se o atual momento de incerteza sobre a formação, conclui-se que o caminho para a Educação Física passa por um entendimento entre as correntes ideológicas da área, e o alinhamento entre a formação e o mercado.
PRAWO BOLSZEWIKÓW: REWOLUCJA I EWOLUCJA
Authors: Lityński Adam
Published: December 2016

The Bolsheviks’ Law: Revolution and EvolutionSummary The Bolsheviks presented revolutionary ideas and concepts about creating revolutionary law. This law was supposed to be totally different from the “bourgeois” one. The revolutionary law was supposed to exist only during the transition period, on the way to Communism. According to concepts of Marx and Lenin, the state and law in Communism should disappear completely. However, in the mid 30’s revolutionary concepts and revolutionary law became more civilized and they started to approach to the European regulations. We can conclude the paradox of history – that the gradual change and process of making Soviet law more civilized started when the Stalin’s terror was the most cruel. The reality and the legal norm were completely divergent at that time.
‘DAMNATIO MEMORIAE’ JAKO ŚRODEK WALKI Z OPOZYCJĄ POLITYCZNĄ
Authors: Dyjakowska Marzena
Published: December 2016

‘DAMNATIO MEMORIAE’ AS A KIND OF PENALTY FOR REPRESSING THE MEMORY OF THE PUBLIC ENEMYSummary The paper presents damnatio memoriae – a kind of penalty for repressing the memory of the public enemy in ancient Rome. This penalty might be imposed by decree of the senat (or of the emperor) in case of the posthumous prosecution or conviction of a person on charges of treason (crimen maiestatis). Damnatio memoriae (or – in a technical, juridical expression – memoria damnata) was not intended to destroy recollection of a person who was condemned, but rather to dishonor the record of such a person. Penalties for repressing the memory, enacted separately or together, included for instance the eradication of visual representations of the person, in particular of statues, busts, coins and medallions, or the erasure of his name. The representations of the condemned, which already existed, were to be altered or destroyed, and there were to be no representations in the future. Some statues have meen modified – removed, replaced or reworked to represent someone new. The name of the enemy might be erased from some public documents (especially from the state lists of officials – the fasti) and inscriptions. Historians were sometimes not allowed to use names of those, who have suffered the penalty in question. There were also some decrees of the senat requiring the family to discontinue the use of a particular element of the name of public enemy (praenomen or cognomen). The penalties included a ban of the observance of the funeral and mourning. The family of convicted was forbidden to keep his portraits within the home or to mour for him. The body of the public enemy could be denied to his relatives and not buried. His bust could not be paraded at the funeral ceremonies of members of his family. According to Tacitus, who used to criticize the political repressions of the early emperors, damnatio memoriae is a vain penalty – memory will survive.
PRAWO RZYMSKIE A EUROPEJSKA TRADYCJA PRAWNA
Authors: Kabat-Rudnicka Danuta
Published: December 2016

ROMAN LAW AND EUROPEAN LEGAL CULTURESummary The Roman law and the later neo-Roman law (ius commune), underlies the legal systems of the Western world, i.e. the continental system (civil law) and the Anglo-American system (common law). The essential constants of European legal culture, formed also by the Roman law are: personalism, referring to the individual as subject, end and an intellectual point of reference in the law; legalism, meaning not merely the monopoly of the modern legislator to create and change the law, but the need to base decisions about social relationships and conflicts on a general rule of law, whose validity and acceptance does not depend on moral, social and political values or purposes; intellectualism that relates to the particular way in which the phenomenon of law is understood. And even today, when we observe a trend towards the unification of law, whether on global or only a regional scale, the Roman law can still serve as a point of reference.
ROK 1956 W POLSCE – DYSKUSJE PRAWNIKÓW O SĄDACH, PROKURATURACH I PRAWIE KARNYM
Authors: Maksimiuk Diana
Published: December 2016

The Year 1956 in Poland – Lawyers’ Discussions aboutbJustice, Public Prosecutors’ Offices and Criminal LawSummary The year 1956 was frequently described as a “breakthrough” in the postwar history of Poland and constituted the end of the Stalin’s epoch. The change of the political conditions which took place during that time, as well as accompanying freedom of speech, created unlimited opportunity to criticise that period. In deliberation of the state of Poland the debate about the issue of the justice has been also led. The law society which participated actively in those events was aimed mainly at restoring the rule of law and reconstructing the justice’s authority. Definitely, the most important matter under discussion was to deal with the past. Criticism and even self-critical opinions occured together with proposals concerning the future situation. Among so many solutions which have been presented by lawyers, the most noticeable was the tendency to bring the status of prewar law back. Although this returing was not achieved, in consequence of that debate the transformation which symbolised new age was introduced.
GŁÓWNE NURTY IDEOLOGICZNO-METODOLOGICZNE W ŚRODOWISKU WARSZAWSKICH PRAWNIKÓW PRZED WYBUCHEM POWSTANIA LISTOPADOWEGO
Authors: Pomianowski Piotr
Published: December 2016

THE MAIN IDEOLOGICAL AND METHODOLOGICAL STREAMS AMONG WARSAW JURISTS IN 1820SSummary The text concerns the main streams in legal thought in Warsaw in Times of constitutional Kingdom of Poland (Congress Poland: 1815-1830). It is based especially on articles published in Themis Polska which was issued between 1828 and 1830 in Warsaw by young and well-educated lawyers. In Polish legal thought of those times none of philosophical schools had dominant position. However four most important streams may be indicated. The first was a school of natural law, similar to the first understanding of this notion in Enlightenment. Representatives of this stream believed in existence of natural rules of law, which are universal and should be used in any time and in any part of the world. They claimed that statutory law should be only a declaration of natural law. The second direction was école de l’exégèse. Followers of this view gave first position to statutory law. They treated jurisprudence only as a method of interpretation of statutes. Third was historical school. Its adherents treated law like a product of the history of the particular nation and claimed that it is impossible to create universal and rational law. The last of important streams was represented by critics of historical school. They were the followers of Hegel and believed that law, likewise each other social phenomenon, is a product of rational and indispensable historical process. The analysis presented in the text shows that polish legal thought in 1820s was a reflection of ideas originated from the West Europe. The environment of Warsaw jurists in those times was diverse in opinions concerning the nature of law with no one dominant school.
OCHRONA MIEJSC ŚWIĘTYCH W PRAWIE RZYMSKIM
Authors: Kamińska Renata
Published: December 2016

PROTECTION OF HOLY PLACES IN ROMAN LAW SUMMARY Loca sacra enjoyed a broad scope of legal protection in Roman law. They were protected by interdicts, operis novi nuntiatio, and by government officials. The interdictive protection of holy places was analogous to the protection given to public places. One of the injunctions issued by the praetor to protect holy places was the loca sacra ne quid in loco sacro fiat prohibitory interdict, which imposed a ban on harmful activities on loca sacra premises, and prohibited offensive behaviour by private individuals in holy places. A second interdict for the protection of holy places was restitutory, whereby the praetor could order full restitution for offences committed in a holy place (quod in loco sacro religiosove factum est restituatur). The purpose of these two interdicts was to eliminate all obstacles to free and open access for all to holy places. A third interdict for the protection of holy places, interdictum quod vi aut clam, was restitutory as well. The creation of such a broad catalogue of legal measures including interdicts as administrative law remedies, testifies to the importance of holy places both in the public (including religious) and private life of the ancient Romans.
ROSYJSKIE SEMINARIUM PRAWA RZYMSKIEGO PRZY BERLIŃSKIM UNIWERSYTECIE
Authors: Zieliński Marcin
Published: December 2016

The Russian Seminar of Roman Law at the University of Berlin and its Polish Participants Summary After the university reform of 1884 in the Russian Empire there was a need to educate more scholars of Roman law for appointments to vacant chairs. The tsar’s government in cooperation with University of Berlin established a special institution in Berlin called the Russian seminar of Roman law. This seminar was intended for graduates of Law and Classics. Distinguished German professors of Roman and civil law, H. Dernburg, A. Pernice, and E. Eck, were tutors to the tsar’s students. The prescribed course of lectures took two years and students had to write a final dissertation. Some of the tsar’s students were of Polish origin, and they included L. Petrażycki, who was probably the most renowned, K. Dynowski, T. Siemiradzki, and W. Juszkiewicz. Later only Dynowski and Juszkiewicz continued their interest in Roman law. Petrażycki became a famous scholar of the theory and sociology of law. Siemiradzki did not finish the seminar, because he conspired against the tsar’s government in a Polish underground organisation in Berlin and the Russian government sent him to prison.
KOMPUTER JAKO NARZĘDZIE PRZESTĘPSTWA
Authors: Szczepaniec Maria
Published: December 2016

The Computer as the Tool of the CrimeSummary The article presented the classification of computer crimes on the basis of Polish criminal law and some issues concerning computer crime. Was also presented a brief analysis of selected computer crime, such as: grooming and computer cheating. The article describes also questions concerning security of cyberspace.
GRECKIE I RZYMSKIE WZORCE KONSTYTUCJI STANÓW ZJEDNOCZONYCH AMERYKI
Authors: Lewicki Zbigniew
Published: December 2016

GREEK AND ROMAN MODELS FOT THE AMERICAN CONSTITUTION Summary The question of the use that the Founding Fathers made of the theoretical achievements and practical experience of ancient political thinkers and politicians has been occupying American scholars for a long time. There is no doubt that they knew the Classics and relied on them. However, this does not automatically mean that their own work benefited from the achievements of the past, as many researchers indicate. The article reviews various aspects and areas of potential indebtedness. The area where the creators of the Constitution sought guidance most intensively was the issue of relations between the federal government and individual states. Rome did not provide guidance in this area but turned out to be much more useful in the discussion of the structure of the legislature. The discussion shows that the Founding Fathers, even when they clearly fell back on the examples taken from Antiquity, did not feel constrained by them. They used whatever facts they needed, freely interpreted others, ignored still others, and did not feel obligated by precedents. In other words, they displayed a clearly utilitarian approach to historical sources and interpreted them so as to best suit their own political goals.
PRAWNE ŚRODKI ZAPOBIEGANIA POCHOPNEMU ZAWIERANIU MAŁŻEŃSTW W ŚWIETLE BADAŃ SOCJOLOGICZNYCH
Authors: Stojanowska Wanda
Published: December 2016

LEGAL MEANS OF PREVENTING INJUDICIOUS MARRIAGE IN THE LIGHT OF SOCIOLOGICAL RESEARCH Summary The results of the statutory research presented in the present study are part of a completed research project on the methods of decreasing the number of divorces. The project envisaged two main research areas: 1) the prevention of injudicious marriage, and 2) divorce. An analysis was carried out on the research results for the former area, conducted by interviewers using the structured interview method. Interviews were conducted in eight voivodeships and within three groups of respondents: 120 newlyweds, 40 heads of Polish registry offices (Urząd Stanu Cywilnego), and 40 priests conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged conducting pre-marital courses. The subject of the research and its theoretical considerations were the legal means of preventing injudicious marriage provided for in the Family and Guardianship Code (Kodeks rodzinny i opiekuńczy), Article 4 (on the one-month mandatory waiting time for the contraction of marriage) and Article 10 (on the mandatory issue of court consent for a person between the ages of sixteen and eighteen to contract a marriage), as well as the need to introduce a compulsory pre-marital medical examination, which has been the subject of debate for a long time. The study ends with a summary presenting an evaluation of the current legal provisions and court practice, as well as proposals for changes in the law e.g. in methods of preparing couples for marriage as envisaged by Canon Law.
BEZROBOCIE JAKO CZYNNIK KSZTAŁTUJĄCY WSKAŹNIKI PRZESTĘPCZOŚCI
Authors: Szczepaniec Maria
Published: December 2016

UNEMPLOYMENT: A FACTOR IMPACTING ON CRIME RATE Summary The article presents the correlation between unemployment and crime. The main research issue in the present article is the hypothesis that unemployment is a factor determining criminal behaviour. The article presents empirical research which shows that unemployment may affect crime rate in various ways. Sometimes unemployment may lower crime rate, but there are also situations when it raises the crime rate.
SYTUACJA AKTORÓW I AKTOREK W RZYMSKIM PRAWIE MAŁŻEŃSKIM
Authors: Loska Elżbieta
Published: December 2016

THE SITUATION OF ACTORS AND ACTRESSES IN ROMAN MARRIAGE LAW Summary The people of the stage held a very peculiar position in Rome. This was true especially for the women of the theatre. For a long time in ancien Rome actresses fell in the category of feminae probrosae and were treated like other women subject to it. This did not change until the postclassical law when the emperors made it possible for actresses who abandoned their dishonourable profession to clear their name. This option was unavailable to other feminae probrosae. In the late 19th and 20th century the theory of the marital ineligibility of actresses and other feminae probrosae, based on the work of Savigny, was widespread in Romanistic doctrine. Some scholars even spoke of an enforced celibacy. However, it seems that this hypothesis is untenable. The status of actors and actresses in marriage law undoubtedly changed in the course of time. The regulations of the lex Iulia et Papia prohibited actresses from marrying men from the senatorial order, and perhaps all freeborn men. Under the lex Iulia et Papia this kind of union was not regarded as marriage and the couple were treated as unmarried (coelibes); consequently, they did not enjoy the privileges of the married and were subject to penalties. It seems, however, that notwithstanding such prohibitions, once concluded a marriage was treated as legal and valid iure civili. Subsequent emperors made significant changes in this regulation. From the sources preserved it is very hard to conclude how actors were treated by the law. We may safely assume that at least from the time of Augustus’ legislation onwards they could not marry women from the senatorial order. Whether this ban was abolished and if so when, remains a mystery. The Emperor Justinian is known to have permitted ex-actresses and their daughters to marry legally without the need to obtain permission from the emperor. Their position was exceptional – unlike other feminae probrosae they could have their reputation restored and marry persons of the senatorial order, first after gaining the consent of the emperor, later without it. It was a significant difference in relation to the classical law and might have resulted from the personal situation of the Emperor Justinian.
PODPORZĄDKOWANIE PRACOWNIKA PRACODAWCY W ASPEKCIE CZASU PRACY – WYBRANE PROBLEMY
Authors: Duraj Tomasz
Published: December 2016

THE EMPLOYEE’S SUBORDINATION TO THE EMPLOYERAS REGARDS WORKING HOURS. SELECTED PROBLEMSSummary The subject of this paper is a description of the characteristic features of an employee’s subordination to his employer as regards working hours. An employer’s management rights in this respect are particularly relevant as regards the efficiency of the employee’s work and reduce the risk that any defective work on the employee’s part could mean for the employer. The author analyses the management rights of employers relating to factors contributing to the organisation of working hours such as the standard, extent, system, and schedule of working hours. His deliberations on these issues show that an employer’s rights pertaining to unilateral determination of working hours are in fact restricted. This is so because usually the system or schedule of working hours tends to be established in the context of a collective employment system or set of rules, in other words the employer’s freedom to make decisions is limited since he is obliged to cooperate with the trade unions active in his company or business. The widest scope of rights employers enjoy as regards the organisation of working hours concerns the right to order employees to work overtime and unscheduled time (but with consideration of any hours of duty on a rota system or duty travel); and as regards the compilation of detailed timetables of working hours.
PROBLEMY Z OBSADZENIEM NUNCJATURY W POLSCE (XI 1935 – V 1937)
Authors: Łopatecki Karol
Published: December 2016

PROBLEMS WITH THE APPOINTMENT OF THE PAPAL NUNCIO TO POLAND, NOVEMBER 1935 – APRIL 1937SummaryThe article describes the appointment of Filippo Cortesi to the office of papal nuncio to the Republic of Poland, and reviews the role of the Polish diplomats accredited to the Holy See in this process. The appointment of a nuncio following the departure of Francesco Marmaggi was extremely complicated. The list of candidates was the resultant of a number of factors. The individuals whose names were on it had used influence with the pope, the Vatican’s secretary of state, or former nuncios to Warsaw. Both the Polish government and the bishops of Poland had a say in the final outcome. In addition there was also the volatile political situation in Europe at the time, especially in Spain and Yugoslavia, which exerted an effect on the process. In June 1936 Carlo Chiarlo received the nomination for the office. However, the unanimously negative position of the Conference of the Bishops of Poland, especially Cardinals Kakowski and Hlond, stopped the appointment at the last moment. The Polish Government did not want Ermenegildo Pellegrinetti to be appointed and tried to prevent it, considering Angelo Giuseppe Roncalli the ideal candidate. Eventually Pius XI appointed Filippo Cortesi, formerly nuncio to Argentina.
PODPORZĄDKOWANIE TELEPRACOWNIKA W STOSUNKU PRACY
Authors: Duchna Sylwia , Paluszkiewicz Magdalena
Published: December 2016

THE SUBORDINATION OF THE TELEWORKER IN THE EMPLOYMENT RELATIONSHIPSummaryThe aim of this article is to characterise the relation of subordination of teleworkers. The continuous development of various flexible forms of employment such as teleworking is affecting the traditional concept of subordination in the employer-employee relationship. In teleworking subordination is modified with regards to the workplace, which is located outside the employer’s domain. To supervise his teleworking employees the employer has to communicate with them over a certain distance. Hence, in the authors’ opinion, teleworking is characterised by certain specific features. An employer considering teleworking as a potential form of employment should take these special features into account alongside the qualifications of his prospective employeesbefore he decides to adopt teleworking.
‘DICTATOR SENATUI LEGENDO’. THE UNUSUAL DICTATORSHIP OF M. FABIUS BUTEO
Authors: Tarwacka Anna
Published: December 2016

‘dictator SenatUi leGendo’. niezWykła dyktatura M. faBiUSa BUteonaStreszczeniePo bitwie pod Kannami skład rzymskiego senatu był niepełny. W roku 216 p.n.e. dla dokonania lectio senatus nie wybrano jednak cenzorów, a powołano dyktatora M. Fabiusa Buteona na sześć miesięcy, bez dowódcy jazdy. W tym czasie urzędował już jeden dyktator, M. Iunius Pera, co stanowiło przypadek bez precedensu w historii republiki. Ograniczenie kompetencji Buteona tylko do uzupełnienia składu senatu nie było prawnie wiążące, a imperium obu dyktatorów miało tę samą rangę. Przyczyn tak nietypowego rozwiązania ustrojowego należy upatrywać w wyjątkowo kryzysowych okolicznościach i presji czasu. Wybranie cenzorów trwałoby dość długo, potem oni sami musieliby zgodnie przeprowadzić lectio, a zapewne także inne cenzorskie czynności. Dlatego powołano dyktatora, który przede wszystkim mianowany był od ręki i nie musiał się obawiać intercessio. Także to, że wybór padł na Buteona, nie było dziełem przypadku. Polityk ten sprawował już urząd cenzora, a zatem miał doświadczenie i sprawdził się doskonale na powierzonym stanowisku. Zdecydował, że nie usunie z senatu żadnego z obecnych senatorów, a nowych dobrał, stosując kryteria narzucone w lex Ovinia. Kiedy tylko zakończył lectio, złożył urząd i odszedł jako prywatna osoba, czym udowodnił, że działał wyłącznie w interesie państwa, a nie dla własnej ambicji.
FRANTIŠEK WEYR (1879-1951). ZAPOMNIANY NORMATYWISTA
Authors: Lewandowski Bartosz
Published: December 2016

FRANTIŠEK WEYR (1879-1951): A FORGOTTEN NORMATIVIST Summary František Weyr (1879-1951) was one of the most outstanding adherents of the normative theory of legal science during the inter-war period. His scholarly activity was focused on the basic issues important for normativism, on which he embarked shortly before Hans Kelsen’s, and with no influence from Kelsen (Weyr published his earliest book in 1908). Weyr was one of the founders and the main representative of the Czechoslovak Neo-Kantian Law School, which was composed of his former students, members of the Faculty of Law at the Tomáš Masaryk University in Brno. Members of the Czechoslovak Neo-Kantian Law School engaged in numerous polemics on key normativist issues (e.g. the nature of legal norms). F. Weyr’s work in the philosophy of law made a salient contribution to the turbulent history of Czechoslovakia, exerting an influence from the auspicious years of the independent Second Republic (1918-1938), through the period of the Czech and Moravian Protectorate under Nazi German occupation during the Second World War, to the postwar period under the Communist regime and its miserable demise in 1990. Weyr is appreciated in Czech scholarship for his achievements in the theory of law. Although he was one of the key figures associated with normativism, often compared with his colleague H. Kelsen, his work in scholarship is not well known in the Polish theory of law.
OSOBOWE ŹRÓDŁA INFORMACJI JAKO JEDNA Z METOD OPERACYJNEGO DZIAŁANIA ORGANÓW POLICYJNYCH
Authors: Teluk Rafał
Published: December 2016

INDIVIDIDUAL PERSONS AS SOURCES OF INFORMATION: AN OPERATIONAL METHOD USED BY POLICE FORCES Summary The aim of this article is to discuss an important issue in criminalistics, the use of information acquired from individuals in the police’s operational and investigative work. The author presents the methods and aims of the activities pursued out of court by authorised agencies of the state. He discusses the problems involved in the collection and recording of information from individuals who collaborate with the police, the influence this type of information has on the collection of evidence, and its value in court proceedings. Another issue discussed in the article is the institution of the secret police agent – probably the police’s oldest, classical source of confidential information. The article also addresses the question of the protection and remuneration of police informers.