bluuebunny/crossref_metadata_2025 huggingface dataset:
Damage identification in a complex truss structure using modal characteristics correlation method and sensitivity-weighted search space
Authors: Nguyen Khac-Duy , Chan Tommy HT , Thambiratnam David P , Nguyen Andy
Published: November 2018

Damage identification for complex structures is a challenging task due to the large amount of structural elements, limited number of measured modes and uncertainties in referenced numerical models. This article presents a study on enhancing the effectiveness of modal characteristics correlation methods for damage identification of complex structures. First, a correlation method using change in the ratio of modal strain energy to eigenvalue is introduced. Damage information is determined via a forward approach by optimizing the correlation level between the patterns of the analytical and measured changes in the ratio of modal strain energy to eigenvalue. Different from traditional optimization-based forward methods that require accurate numerical models, damage sensitivity coefficients of the ratio of modal strain energy to eigenvalue are directly estimated from the experimental modal information. To enhance the damage identification capability, both the elemental modal strain energy–eigenvalue ratio and the total modal strain energy–eigenvalue ratio components are examined in the correlation function. Second, a sensitivity-weighted search space scheme incorporated with genetic algorithm is developed to overcome the ill-posed problem that causes false detection errors. Finally, the correlation method and the enhanced technique are experimentally tested on a complex truss model with nearly 100 elements. To deal with the huge number of degrees of freedom in this structure, a multi-layout roving test with the adoption of redundant channels is designed, and a three-criterion strategy is used for the selection of modes. Results demonstrate the effectiveness of the proposed damage assessment framework to locate and estimate damage in complex truss structures.
Multi-task hybrid dictionary learning for vehicle classification in sensor networks
Authors: Wang Rui , Shen Miaomiao , Wang Tao , Cao Wenming
Published: November 2018

In this article, we propose a novel multi-task hybrid dictionary learning approach for moving vehicle classification tasks using multi-sensor networks to improve the classification accuracy in complex scenes with low time complexity, which considers both correlations and complementary information among multiple heterogeneous sensors simultaneously to learn a hybrid dictionary within observations of each sensor. The efficient hybrid dictionary consists of a synthesis dictionary and an analysis dictionary, where discriminative codes can be generated by the trained analysis dictionary and class-specific discriminative reconstruction can be achieved by the trained synthesis dictionary. Extensive experiments are conducted on real data sets captured by the multiple heterogeneous sensors, and the results demonstrate that the proposed method can use the multi-feature fusion method to improve the vehicle classification accuracy, and it can learn a hybrid dictionary to make sure that the sparse coding matrix is obtained by simple linear mapping function. Moreover, the problem of [Formula: see text]-norm[Formula: see text] sparse coding can been solved, to reduce the time complexity of this algorithm, compared with support vector machine, sparse representation classification, label consistent KSVD, Fisher discrimination dictionary learning, hybrid dictionary learning, multi-task sparse representation classification, and multi-task Fisher discrimination dictionary learning algorithms.
Improving the security and quality of real-time multimedia transmission in cyber-physical-social systems
Authors: Sun Qindong , Cao Han , Qi Wenjing , Zhang Jingpeng
Published: November 2018

Real-time multimedia transmission from smart physical terminals usually meets the challenges of quality and security problems in cyber physical social systems, such as in the Internet of things systems, social network, and industrial Internet of things. The quality of real-time video transmission is often disturbed by the instability of cyber-physical-social systems, and the security of real-time video can be compromised if fake contents are embedded into the video during the transmission. According to the video coding information and the conditions of cyber-physical-social systems like mobile network, we design a sliding window scheme to solve the out-of-order and loss problems and thus improve the quality of real-time video. In the scheme, the key video frame can be retransmitted in a dynamic range of sliding window. The scheme also simplifies the process of packet sorting and can quickly complete the process of unpacking and playing of the video stream with high accuracy. To defend the attack of inserting fake video into real-time video, we also design a detection algorithm based on time-related token. The experimental results show that the proposed methods can guarantee the continuity of video stream, improve the quality of image in the mobile network and ensure the security during transmission effectively.
A model-free hull deformation measurement method with time delay compensation
Authors: He Ying , Peng Xiafu , Zhang Xiaoli , Hu Xiaoqiang
Published: November 2018

Estimation and compensation for hull deformation is an indispensable step for the ship to establish a unified space attitude. The existing hull deformation measurement methods are dependent on the pre-established deformation model, and an inaccurate deformation model will reduce the deformation estimation accuracy. To solve this problem, a hull deformation estimation method without deformation model is proposed in this article, which utilizes the neural network to fit the hull deformation. To train the neural network online, connection weights of the neural network are regarded as system state variables which can be estimated by the Unscented Kalman Filter. Simultaneously, considering the time delay problem of inertial data, a time delay compensation method based on the quaternion attitude matrix is proposed. The simulation results show that the proposed method can obtain high estimation accuracy without any deformation model even when the inertial data are asynchronous.
Mechanical design and analysis of a gripper for non-cooperative target capture in space
Authors: Zheng Yili , Lei Guannan , Zhang Mingwei , Che Qianbo
Published: November 2018

Space grippers are the key devices for accomplishing space non-cooperative target capture, which has a great significance for satellite services and space debris removal. This article proposes a novel mechanical gripper device for the capture of aluminum honeycomb panels of non-cooperative satellites. The gripper was modeled and assembled in the three-dimensional modeling platform UGNX. The model was imported into the simulation software ADAMS. ADAMS is capable of analyzing the kinematic feasibility of the gripper model. Collision and penetrating power analysis of the mechanical claws into an aluminum honeycomb plate were carried out in LS-DYNA. Through non-vertical piercing experiment, the maximum approaching angle tolerance is 10°. The established rigid connection can withstand a destructive force greater than 1000 N. A prototype of the mechanical gripper is built. A ground test was carried out with this prototype, in which a test-platform simulated the space microgravity environment. The results certified that the prototype could reach the target at a relative speed of 0.5 m/s and then quickly complete the grabbing motion and establish a rigid connection. The experiment shows that this mechanical gripper can accomplish the task of repeatedly capturing the surface of non-cooperative space satellites.
Effects of hula hooping and mini hooping on core muscle activation and hip movement
Authors: Chen Wei-Han , Yang Wen-Wen , Liu Ya-Chen , Pan Wen-Hsuan , Liu Chiang
Published: November 2018

Hula hoops are a popular piece of fitness equipment used to attempt to slim the waistline and improve core muscle endurance. Although there are obvious visible movements at the waist and hip, no study has quantified the intensity of muscle activity during hula hooping. Therefore, this study analyzed muscle activation in the torso and hip during hula hooping. Because injury to the waist often occurs after prolonged, repeated impact between the waist and a hula hoop, this study developed a novel waist fitness hoop that eliminates impact, called the “Mini Hoop,” and determined the effects of mini hooping on hip movement and muscle activation. A total of 16 healthy females performed hula hooping and mini hooping at a self-selected pace. Results showed that hula hooping caused larger muscle activation, with 46%–49% maximum voluntary isometric contraction for the external oblique, spinal erectors, and gluteus medius, whereas gluteus maximus and adductor longus muscle activation were with 22%–29% maximum voluntary isometric contraction. Mini hooping required a smaller range of hip motion in flexion, extension, abduction/adduction, higher pelvic oscillation frequency, and lower muscle activation for the external oblique, spinal erectors, gluteus medius, gluteus maximus, and adductor longus (13%–33% maximum voluntary isometric contraction) compared with hula hooping ( p < 0.05). In conclusion, hula hooping and mini hooping differ in their range of hip motion, pelvic oscillation frequency, and muscle activation requirements. Hula hooping is suitable for moderate-intensity core muscle activation, whereas the Mini Hoop is suitable for low-level core muscle activation.
Treatment of an acute motor and sensory axonal neuropathy with propionate in a 33-year-old male
Authors: Yoon Min-Suk , Pitarokoili Kalliopi , Sturm Dietrich , Haghikia Aiden , Gold Ralf , Fisse Anna Lena
Published: November 2018

Background:

The aim of this work was to report a case of an acute motor and sensory axonal neuropathy (AMSAN) treated with propionate to evaluate its therapeutic potential in AMSAN.

Materials and methods:

The patient was investigated by clinical examination, electroneurography, high-resolution nerve ultrasound and confocal corneal microscopy at baseline and the 2 month follow up. We compared the outcome with those of five other patients with acute motor axonal neuropathy (AMAN) and AMSAN of who were referred to our neurology department in the past 5 years.

Results:

Considering the poor prognosis of patients with acute axonal neuropathies and in comparison with the previously treated patients with AMAN or AMSAN in our clinic, the regression of our patient’s symptoms and the improvement in the additional examinations under propionate seemed exceptionally good.

Conclusion:

Propionate may have an additional therapeutic effect in autoimmune inflammatory neuropathies.
One-year follow up of three Italian patients with Duchenne muscular dystrophy treated with ataluren: is earlier better?
Authors: Ruggiero Lucia , Iodice Rosa , Esposito Marcello , Dubbioso Raffaele , Tozza Stefano , Vitale Floriana , Santoro Lucio , Manganelli Fiore
Published: November 2018

Background:

Ataluren was approved for the treatment of nmDMD, both the efficacy and safety have been previously reported only from clinical trials but no report exists about real-life experience.

Patient/methods:

we describe three Italian children with nmDMD treated with ataluren for 1 year. Measurements were made every 3 months and was evaluated the 6-Minute Walking Distance (6MWD).

Results:

Case1 involves a patient with a 6MWD at T0 of 360 m, who started ataluren therapy at age 10 years. Case2 is a child who began treatment with ataluren at age 8 years when he had severe ambulatory compromise (6MWD < 75 m at T0). A third patient (case3) had a 6MWD of 320 m when he started ataluren therapy at age 5 years. The best improvement in 6MWD was observed in case3, a patient in whom treatment with ataluren was started much earlier. In case1, ataluren was started relatively late and 6MWD was maintained at a stable level. Surprisingly, we observed a 50% improvement in 6MWD in case2, a patient who began therapy early, but with a severe loss of lower limb muscle function at the time.

Conclusions:

treatment responses depend on the patient’s age and disease severity when therapy was initiated. On the basis of our experience, the main factor that influences the effectiveness seems to be earlier instigation of therapy and positive results may still be achieved in patients with more severe muscle involvement. Interestingly, these three boys with phenotypically different nmDMD provide useful information regarding future therapeutic recommendations for the ataluren administration in real clinical practice.
Lived experiences of patients on hemodialytic treatment: A discursive perspective on fatigue and motivational issues
Authors: Angioletti Laura , Bossola Maurizio , De Filippis Daniela , Balconi Michela
Published: November 2018

Fatigue is an incapacitating symptom for patients on chronic hemodialysis treatment. This study explored the relationship between hemodialysis patients’ subjective experience and motivation. The investigation of patients’ narratives and fatigue-related factors was performed by holding semi-structured interviews with 31 hemodialysis patients. Fatigue Severity Scale and Behavioral Inhibition/Activation System questionnaire were used to assess fatigue severity and motivational mechanisms. Results showed significant differences in the use of specific topics and words (such as “family,” “to manage,” “dialysis,” “psychological issues”) depending on high, medium, and low Behavioral Inhibition System, Behavioral Activation System, and Fatigue Severity Scale scores, indicating that hemodialysis patients’ narratives contain keywords related to the motivational sphere.
Communication Tools to Fight Bureaucratic Corruption in Iraqi Kurdistan: A Case Study
Authors: Omar Bali Ahmed
Published: November 2018

This study investigates the most important technological tools and techniques that have been introduced in some organizations in the Kurdistan Region of Iraq and compares those tools and techniques with that of the departments that still rely on a manual system. The research claims that technology, aside from its role in facilitating communication between employees and clients, is a potent force for fighting bureaucratic inefficiency and corruption and contributes to reassuring employees and clients. Theoretically, this research relies on an interdisciplinary approach which represents the connection between technology and human behavior, convenience, facilitation, and productivity within the administration communication systems. This research has adopted mixed-method approaches such as semi-structured interviews, participant observation, and surveys ( n = 422) as data collection tools, and it also analyzes data collected by thematic analysis as the main method of ethnographic study. The research finds that the communication tools can significantly contribute to administrative services and fight corruption, although such techniques have not been applied in Iraqi Kurdistan. The majority of the respondents recommended expanding technology tools in all organizations as there are no significant obstacles to introducing them even among the organizations that do not have requisite technology skills.
Developing Soft Skills: Exploring the Feasibility of an Australian Well-Being Program for Health Managers and Leaders in Timor-Leste
Authors: Tsey Komla , Lui Siu Man (Carrie) , Heyeres Marion , Pryce Josephine , Yan Li , Bauld Sharee
Published: November 2018

The article aims to describe the Family Wellbeing Program (FWB), a program that sets out to facilitate the enhancement of soft skills and to explore the relevance and acceptability of the FWB in the context of health managers and leaders in Timor-Leste. This article presents the fundamental principles of the FWB approach to facilitating soft skills in the context of trauma-informed training for managers and leaders. It describes how a participatory social learning approach advances deep, transformative, and long-lasting impacts. An exploratory mixed-methods design was adopted. Qualitative data were gathered from workshop participants through an evaluation form with open-ended questions allowing participants to provide comments on the program and how it could be enhanced. In addition, attendees participated in an online survey, which sought to capture data relating to demographics, soft skills for managers/leaders, personal well-being, and program satisfaction. Overall, the results show that the FWB program is both relevant and acceptable. The findings indicate that participants’ understanding of concepts of management and well-being, particularly as it is applied to the workplace, was improved. This outcome is important because it highlights how the FWB program can contribute to the development of more accomplished managers and leaders in the future. The results of this exploratory study will be useful in informing future management and leadership training for the Timorese health workforce.
Patient safety may be compromised if study conclusions are generalized to products that make similar claims but have no equivalent research evidence
Authors: Gefen Amit , Santamaria Nick , Creehan Sue , Black Joyce
Published: November 2018

This paper addresses a fundamentally important issue in health care, namely how to make informed decisions on product selection when two products, from different manufacturers, appear to be similar and have medical claims that sound comparable. In such cases, manufacturers of competing products often use each other’s evidence. They argue that the published evidence is generally applicable even if the original bioengineering tests and clinical trials were performed on a specific product, and no equivalence was obtained for their product that has similar medical claims. In this work, we use prophylactic dressings for pressure injury prevention as a good demonstrative example on how patient safety may be compromised if study conclusions are generally projected to such unstudied products. The medical device industry is regulated differently than the pharmaceutical industry, and consequently, voids in current medical device regulation are sometimes used to promote commercial interests. This paper analyzes gaps and potential pitfalls that occur where guiding documentations (e.g. guidelines, standards) do not cope well with medical technology. We explain how that can eventually lead to potential compromises to the well-being of patients, primarily if nurses are unaware of the aforementioned pitfalls. We conclude that currently, there is no alternative to rigorousness: Clinicians and decision-makers need to scrutinize up-to-date literature, decide which products have the best portfolio of bioengineering and clinical research to support the claims made, and which products have the best cost–benefit models. This is fundamentally different from simply buying the least expensive product because of appealing sale arguments.
Comparative cost-effectiveness of surgery, angioplasty, or medical therapy in patients with multivessel coronary artery disease: MASS II trial
Authors: Brandão Sara Michelly Gonçalves , Rezende Paulo Cury , Rocca Hans-Peter Brunner-La , Ju Yang Ting , de Lima Antonio Carlos Pedroso , Takiuti Myrthes Emy , Hueb Whady , Bocchi Edimar Alcides
Published: November 2018

Background

The costs for treating coronary artery disease (CAD) are high worldwide. We performed a prespecified analyses of cost-effectiveness of three therapeutic strategies for multivessel CAD.

Methods

From May 1995 to May 2000, a total of 611 patients were randomly assigned to coronary artery bypass graft (CABG), n = 203; percutaneous coronary intervention (PCI), n = 205; or medical treatment (MT), n = 203. This cost analysis study was based on the perspective of the Public Health Care System. Initial procedural and follow-up costs for medications, cardiology examinations, and hospitalizations for complications were calculated after randomization. Life-years and quality-adjusted life years (QALYs) were used as effectiveness measures. Incremental cost-effectiveness ratios (ICER) were obtained by using nonparametric bootstrapping methods with 5000 resamples.

Results

Initial procedural costs were lower for MT. However, the subsequent 5-year cumulative costs were lower for CABG. Compared with baseline, the three treatment options produced significant improvements in QALYs. After 5 years, PCI and CABG had better QALYs results compared with MT. The ICER results favored CABG and PCI, and favored PCI over CABG in 61% of the drawings. On the other hand, sensitivity analysis showed MT as the preferred therapy compared with CABG and PCI, in the analysis considering higher costs.

Conclusions

At 5-year follow-up, the three treatment options yielded improvements in quality of life, with comparable and acceptable costs. However, despite higher initial costs, the comparison of cost-effectiveness after 5 years of follow-up among the three treatments showed both interventions (CABG and PCI) to be cost-effective strategies compared with MT.

Trial registrationISRCTN, ISRCTN66068876, Registered 06/10/1994,http://www.controlled-trials.com/ISRCTN66068876
The effect of breakfast with different macronutrient composition on PYY, ghrelin, and ad libitum intake 4 h after breakfast in Indonesian obese women
Authors: Witjaksono Fiastuti , Lukito Widjaja , Wijaya Andi , Annisa Nagita Gianty , Jutamulia Joan , Nurwidya Fariz , Simadibrata Marcellus
Published: November 2018

Objectives

Gut hormones, such as PYY and ghrelin, are associated with appetite control and obesity. Protein is thought to be the most satiating nutrient and could affect the production of several gut hormones. The purpose of the current study was to find the effect of breakfast with different protein composition on PYY, ghrelin, and ad libitum intake 4 h after breakfast.

Results

This clinical trial involves 22 obese women participants. Subjects were given three types of breakfast: low protein consumption (12.4% protein), medium protein (23.5% protein), and high protein (40.6% protein). PYY and ghrelin levels were measured at 0, 15, 60, 120, and 180 min after breakfast. Ad libitum meal was given 4 h after breakfast and measured after. This study found that there is no significant difference in PYY and ghrelin level at each measurement time between different type of breakfast. This study also found no significant difference of ad libitum energy intake between different type of breakfast.

Trial registration ClinicalTrials.gov NCT03697486, 3 December 2018. Retrospectively registered
High frequency and molecular epidemiology of metallo-β-lactamase-producing gram-negative bacilli in a tertiary care hospital in Lahore, Pakistan
Authors: Ain Noor Ul , Iftikhar Anam , Bukhari Syeda Sadia , Abrar Samyyia , Hussain Shahida , Haider Muhammad Hayat , Rasheed Farhan , Riaz Saba
Published: November 2018

Background

Metallo-β-lactamase (MBL)-producing isolates have a strong impact on diagnostic and therapeutic decisions. A high frequency of MBL-producing gram-negative bacilli has been reported worldwide. The current study was based on determining the incidence of MBL-producing imipenem-resistant clinical isolates and investigating the β-lactamase gene variants in strains conferring resistance to a carbapenem drug (imipenem).

Methods

A total of 924 gram negative isolates were recovered from a tertiary care hospital in Lahore, Pakistan, during a two-year period (July 2015 to February 2017). The initial selection of bacterial isolates was based on antibiotic susceptibility testing. Strains resistant to imipenem were processed for the molecular screening of β-lactamase genes. Statistical analysis for risk factor determination was based on age, gender, clinical specimen and type of infection.

Results

The rate of imipenem resistance was calculated to be 56.51%. Among the 142 strains processed, the phenotypic tests revealed that the incidence of MBLs was 63.38% and 86.61% based on the combination disc test and the modified Hodge test, respectively. The frequencies of blaTEM, blaSHV,blaOXA,blaIMP-1, and blaVIM genes were calculated to be 46%, 34%, 24%, 12.5% and 7%, respectively. The co-expression of blaMBL (blaIMP and blaVIM) and blaESBL (blaTEM, blaSHV,blaOXA) was also detected through multiplex and singleplex PCR. blaOXA, blaTEM and blaSHV coexisted in 82% of the isolates. Co-expression of ESBL and MBL genes was found in 7% of the isolates.

Conclusion

To our knowledge, this is the first report from Pakistan presenting the concomitant expression of blaOXA, blaTEM and blaSHV with blaIMP-1 and blaVIM in MBL-producing gram-negative bacilli.
Does stricter immigration policy affect college enrollment and public-private school choice of natives?
Authors: Gunadi Christian
Published: November 2018

In recent decades, the USA has admitted a large number of foreign-born students into its educational system, raising concerns that the presence of foreign-born students would adversely impact the educational achievement of US-born students and incentivize them to move to private schools where there are fewer immigrant students. In this article, I attempt to extend our understanding of how stricter immigration policy, such as the Legal Arizona Workers Act (LAWA), may affect college enrollment and the public-private school choice of US-born individuals. The analysis shows that the share of immigrant students across Arizona’s educational system declined significantly by the passage of LAWA: the share of foreign-born students in elementary and secondary schools in Arizona would be higher by approximately 1.1 and 1.7 percentage points, respectively, in the absence of LAWA. Similarly, the share of foreign-born college students in Arizona declined significantly by 1.5 percentage points due to LAWA. Despite this decline, there is no evidence that LAWA has statistically significantly affected natives’ college enrollment rates. However, there is evidence that LAWA reduces the proportion of US-born white non-Hispanic student in higher education attending private colleges.
A Case Report of Paravertebral Block: A Safe Alternative for Microdiscectomy in a Pregnant Patient
Authors: Negi Charoo , Dash Hari Hara , Singh Balkar
Published: November 2018

Nonobstetric surgery during pregnancy is common. Administration of safe anesthesia to a pregnant patient, while minimizing its side effects on the fetus, is a major challenge for the anesthesiologist. Both general anesthesia and central neuraxial block are associated with risks during early pregnancy. Regional nerve blocks are being explored as possible alternatives whenever feasible. This report emphasizes the usefulness of ultrasound-guided, modified bilateral paravertebral block in a first-trimester pregnant patient undergoing microdiscectomy for cauda equina syndrome.
‘My own blood’: family relationships of unaccompanied asylum-seeking young people in the UK
Authors: Devenney Kelly
Published: November 2018

This article explores the family social networks of unaccompanied asylum-seeking young people in the UK. While significant attention has been paid to their experiences, few studies have considered family relationships. The findings in this article, based on empirical research with unaccompanied young people, suggests that they are engaged in complex and fluid family relationships both within the UK and transnationally. The young people in this study felt significant obligations towards family members and sought to provide care and support to those in the UK and abroad. However, they faced significant barriers to achieving these aims.
The gender gap in political knowledge revisited: Australia’s Julia Gillard as a natural experiment
Authors: McAllister Ian
Published: November 2018

Surveys have found a persistent gender gap in political knowledge, with women knowing less about politics than men. This article tests the explanations for the gap using surveys collected in Australia between 2001 and 2016. The results show that the gender gap in knowledge was stable between 2001 and 2007, but declined significantly in 2010, and returning to trend in 2013 and 2016. The decline in 2010 is largely accounted for by the election of Australia’s first female prime minister, Julia Gillard, which resulted in women displaying greater media attentiveness. The results confirm other research suggesting that enhanced descriptive representation of women may help to close the gender gap in political knowledge.
Gender, ownership and engagement during the European Union referendum: gendered frames and the reproduction of binaries
Authors: Guerrina Roberta , Exadaktylos Theofanis , Guerra Simona
Published: November 2018

The European Union referendum was supposed to be a significant moment for political engagement and ownership in the UK. This article looks at how the two official European Union referendum campaigns (Vote Leave and Remain) framed discussions about the UK’s membership of the European Union, as well as the impact of the campaign on women’s political activation. Using data from a survey questionnaire conducted two weeks after the European Union referendum (in July 2016), we analyse women’s sense of political efficacy and engagement with European politics. We project those findings on a frame analysis, where we assess the footprint of each campaign in terms of issue coverage and the salience of gender as a campaign issue. Our findings shed light on the way in which issue framing and confidence affect the quality of political engagement among ‘weak publics’.
The intersectional politics of bullshit
Authors: O’Dwyer Muireann
Published: November 2018

The ‘politics of bullshit’ is the practice of rhetoric that communicates falsehoods, with little regard for the truth, and Hopkin and Rosamond (2017: 2) have argued that ‘the rise of bullshit (and thus of austerity policies) is rooted in the broader hollowing out of Western democratic politics’. This article argues that seeking to understand bullshit without examining how it interacts with race and gender undermines this emerging research agenda, and weakens its ability to explain bullshit. It examines the role of bullshit in the Brexit campaign and highlights the insights that an intersectional analysis can bring.
Warunek si navis ex Asia venerit w starożytności i średniowieczu
Authors: Ożóg Jacek
Published: November 2018

The si navis ex Asia venerit condition made a spectacular career in the texts of Roman jurists. It was so characteristic that even the medieval works that drew on the Roman tradition had plenty of referrals to that condition. Its popularity was obviously connected with its reference to that sphere of life that was essential for the development of the Roman state. However, there is not enough data to allow determination to what extent the frequency of the reference to those words was influenced by sociological factors, or the authority of jurists whose words were quoted, and who referred to that condition. In other words, whether it was the ‘charisma’ of those authorities that played a decisive role in its wide reception and recognition. The review of texts that contain the formula of the above condition allows us to formulate a thesis that the si navis ex Asia venerit condition was used to present issues from almost all areas of law, including the procedural law. It usually took the form of a suspending, casuistic and positive condition. It appeared only once as a negative condition (Digests 44,7,44,2). A careful analysis of individual fragments of the selected texts in which the condition did appear allows us to formulate a postulate that a philological method in the research into Roman law should be used with a substantial degree of caution.
Sędziowski obowiązek wydania wyroku: regulacje prawa rzymskiego na tle prawa polskiego
Authors: Misztal-Konecka Joanna
Published: November 2018

In the Roman legislative process, the task of dissolving a dispute was vested in a private individual of a high social rank, but who usually lacked legal knowledge and experience. And yet, the law required from such judges due performance of their duties, and even provided for death penalty for a judge who had decided in favour of the party who paid him. Already in the 2nd century BC a judge’s liability was recognised for litem suam facere or improper conduct such as, inter alia, failure to deliver a decision, failure to keep the dates of trails, absence during a trail, or incompatibility of the judgment with the formula provided for in condemnatio. Therefore, in recognition of the potential difficulties of making a wrong decision as a consequence of a lack of legal knowledge or other necessary capabilities, judges were granted a right to turn to jurists or philosophers for advice, or could even take an oath in which they claimed their inability to solve the matter (sibi non liquere). In the contemporary Polish legal system, similarly to most other legal systems, judges may not refrain or escape from fulfilling their fundamental duty such as delivering a judgment, and justify such failure by unclear circumstances (doubts as to the actual circumstances), the absence of an unambiguous legal norm to apply in a given case (doubts as to the legal state of affairs) or an absence of an applicable norm (a gap in legal regulations). Today, the judicial duty to deliver a judgment arises from the requirement to implement and realise the principle of public access to the courts of justice, provided for, in Poland, in article 417 § 3 of the Civil Code.
Konstytucje „egzorbitancyjne” w Rzeczypospolitej w latach 1607-1648. Zarys problematyki
Authors: Kucharski Tomasz
Published: November 2018

The subject of this paper is the legislative activity in the field of repair and reconstructions, called exorbitance, of parliaments of the Noble Republic of Poland before the Partitions. To prove his arguments, the author has adopted a thesis that each normative result of the parliamentary activity that required a consent of the three estates in the parliament ought to be termed a parliamentary constitution. The consequence of the above assumption is a belief that the Seym (parliament) constitutions are of heterogenic character. One of the main criteria of the qualification of the internal Seym constitutions is their legal character. The author is of the opinion that constitutions should be divided into four categories: (i) those that make law (contemporarily known as legal acts); (ii) administrative constitutions (being results of the work of the parliament as an organ of administration); (iii) exorbitant constitutions (resulting from the work of the parliament as an organ of state control); and (iv) procedural constitutions (relating to the procedure of a given Seym). The paper focuses in particular on the manner in which constitution’s texts were formulated and the legislative techniques used, and analyses them in light of the Old Poland’s legal culture.
Problem powstania i charakteru prawa małżeńskiego z 1836 roku
Authors: Fastyn Arkadiusz
Published: November 2018

The paper presents events that had preceded the work on the drafting of matrimonial law for the territory of Poland established at the Vienna Congress (1815) as an autonomous unit under the name the Kingdom of Poland, formerly under the occupation of the Russian Empire. The existing Napoleon Code that applied to that territory provided for a lay character of matrimony and as such was opposed by the Roman Catholic church. As a result, the dispute concerning the nature of the state matrimonial law that continued between 1818 and 1830 ended in the implementation in 1836 of a law of a mixed character that combined elements of the lay and well as religious approaches. That law had remained in force until 1945. The complexity of matrimonial law of 1836 was a consequence of its provisions based of religious principles of individual religious denominations. Hence, interpretation and application of that law, already difficult because of its dual character, was further hindered by the unclear relation of that law to the underlying it religious laws, and particularly, the importance of the Catholic canon law provisions in civil law relationships. The judicial decisions of the interwar period (1918-1945) did not provide any uniform interpretation of that issue. However, two basic views regarding the reception of religious law in the state’s matrimonial law were formulated. In one, pursuant to the adopted formula of incorporation of religious law in the matrimonial law enacted by the state, only those religious norms that were included in the state law constituted the basis for effective solutions and decisions. According to the other view, religious law attained a state law value by the very fact that the matrimonial law of 1836 had referred to religious laws and regulations. After the end of World War II, matrimonial law in its previous shape was practically neglected. Since 1989, following the change in the political regime, a religious concept of matrimony has been promoted, but nothing than mere postulates in that matter have been so far proposed.
Ocalenie Republiki. Charles de Gaulle wobec tradycji republikańskiej (1940-1946)
Authors: Ujazdowski Kazimierz M.
Published: November 2018

Contrary to the common belief, the Fifth Republic could not be established as a Republican monarchy. In France the idea of a republic was created by the French Revolution and its values were shaped in the fundamental confrontation with the monarchist tradition. The specifically understood idea of a nation’s sovereignty the formation of which was influenced by Rousseau’s though, as well as the ideas of the indivisibility and lay character of the republic, constituted a completely new model of statehood. In such a situation, the synthesis of antagonistic traditions was not possible. Although de Gaulle had been brought up in a family of pro-monarchist attitudes, he followed the state patriotism idea and was a supporter of the Republic as a durable basis for France’s existence. His views matured under the influence of French Republican nationalists Charles a Peguy and Maurice Barres, who inspired young de Gaulle and shaped his state patriotism. Later in his life de Gaulle’s idea was not so much to reconcile the monarchist and the republican tradition, but to create a republic that would integrate different families of ideas. This concept was also induced by manner of understanding the role of Christian obligations due to the public sphere. Following the spirit of the Catholic-liberal “Correspondent” de Gaulle believed that in the world shaped by the Revolution’s heritage Christian ideas do not need to be deemed to be defeated. During World War II, de Gaulle, then the leader of Free France, consistently strengthened the French Republican tradition in the Vichy dispute. In the years 1944-1946, as head of the temporary government, he made sure that Republican principles constituted the foundations of the post-war France. De Gaulle developed the state model of economy and the social character of the French republic. His decisions laid the Republican principles in the French Constitution and refer clearly to the Declaration of Human and Civil Rights of 1989 in both French post war constitutions. That is why the 5th Republic could only be established as an institutional variation within the framework of the Republican axiology.
Kształtowanie się ustroju kolegiów orzekających w Polsce Ludowej (1952-1956)
Authors: Łysko Marcin
Published: November 2018

In December 1951, a collegiate model of adjudicating on petty offences was introduced in Poland. The adjudicating boards were established at the local organs of state administration and included a member of the public sitting in them. Those organs drew lists of candidates for members of the adjudicating boards, who were appointed by work places (factories, plants, etc.) and social organisations. The lists were mechanically approved by national councils. It was only in 1955 when candidates were appointed based on their relevant skills and background. However, in very small units of administration (gromada), members of the adjudicating boards lacked basic administrative experience and often committed gross violations of law. Consequently, at the turn of 1956, the common opinion demanded liquidation of the penal-administrative adjudication power of adjudicating boards in gromadas.
Greckie tłumaczenie „demotycznego kodeksu z Hermopolis”
Authors: Skalec Aneta
Published: November 2018

Greckie tłumaczenie „demotycznego kodeksu z Hermopolis”
Wybrane dzieła Teodora Dydyńskiego jako przykład prekursorskich badań nad rzymskim prawem publicznym w Polsce
Authors: Kłodziński Karol
Published: November 2018

Wybrane dzieła Teodora Dydyńskiego jako przykład prekursorskich badań nad rzymskim prawem publicznym w Polsce
Przyczynek do studiów nad obecności problematyki konfederacji Marka Borkowica w Statutach Kazimierza Wielkiego
Authors: Kosztowny Kamil
Published: November 2018

Przyczynek do studiów nad obecności problematyki konfederacji Marka Borkowica w Statutach Kazimierza Wielkiego
„Dziewiędziesiąt dziewięć cudzych pomysłów, i jeden autora”. Porównanie myśli konstytucyjnej Wincentego Niemojowskiego i Benjamina Constanta
Authors: Królak Piotr
Published: November 2018

„Dziewiędziesiąt dziewięć cudzych pomysłów, i jeden autora”. Porównanie myśli konstytucyjnej Wincentego Niemojowskiego i Benjamina Constanta
Marzenie o szczęściu, czyli idea prawa natury w filozofi i Jana Jakuba Rousseau
Authors: Baranowska Marta
Published: November 2018

In “Reveries of the Solitary Walker” Jean Jacques Rousseau described his idea of universal happiness as living a life in compliance with nature. However, as Rousseau noted, achieving that state of happiness was not at all easy, and fi rst the human nature needed to be understood. Looking at one’s life from the introspective point of view could be a useful tool, as well as looking a human person as the creation of God. According to Rousseau, the laws of nature derive from the human nature and should therefore govern the interpersonal relations among people. Consequently, since freedom and equality are the fundamental laws and each human being, people should always, by nature, treat each other as free and equal. This positive perception of a human being made Rousseau postulate that rather than follow authorities, individuals should have more confi dence and belief in themselves.
Z problematyki rozwodów w Księstwie Warszawskim
Authors: Pomianowski Piotr
Published: November 2018

This paper looks at civil divorce introduced in the Duchy of Warsaw by the provisions of the Napoleonic Code. It was initially believed that the number of civil divorces in the Duchy never exceeded ten and that the Napoleonic Code divorce regulations remained a dead letter of the law. However, a recent study of the remaining sources, including judicial fi les and marriage registers has shown that the scale of civil divorces was signifi cantly larger, with at least nearly a hundred cases recognised by civil tribunals of the Duchy of Warsaw between 1808 and 1812. Most of the divorce decrees were based on the Napoleonic Code although four were found to be issued based on the earlier Prussian Landrecht in force. The legal grounds on which a civil divorce was most frequently adjudicated were the provisions of article 231 (exces, sevices ou injures graves) and article 230 (infi delity). Most petitioners for a divorce were women and 80% of their petitions were successful. Women would also be given custody of the minors and child maintenance. Civil divorce was sought by representatives from the whole spectrum of society (gentry, craftsmen, tradesmen, workers). Regarding religious affi liation of the petitioners, Catholics constituted the largest group.
Instrumentalizacja procesu legislacyjnego w carskiej Rosji i jej wpływ na specyfikę rosyjskiego systemu źródeł prawa
Authors: Smyk Grzegorz
Published: November 2018

The legislative mechanism of the Russian Empire and related to it types and hierarchy of the sources of law has always been, and continues to be, a controversial issue, giving rise to numerous polemics. This is because the very essence of the autocratic rule in the Russian Empire makes it impossible to accurately distinguish between the legislative and the executive powers. The lack of transparency of the hierarchy of sources of law also means that every attempt the Russian theorists of state and administrative law make to identify and clarify those sources is always deemed to fail. The political transformations of 1906 did not bring any change to the existing system either as no compromise was ever possible in an autocracy in which, despite appearances of legality, the predominant drive was to ensure the integrity of the absolute power of the tsar. The characteristic feature of the legislation in the Russian Empire was its complexity and lack of clarity both with regards to the types and forms of the law sources and the way in which laws were made. As a result, in the all-powerful bureaucratic system of the Russian Empire, laws could be breached, violated or bent with impunity and without observance of any acceptable procedure, merely at the discretion of the sovereign.
Testament ustny (testamentum nuncupativum) w wybranych komentarzach Bartolusa de Saxoferrato i Baldusa de Ubaldis
Authors: Stolarek Jakub
Published: November 2018

Testament ustny (testamentum nuncupativum) w wybranych komentarzach Bartolusa de Saxoferrato i Baldusa de Ubaldis
Enhancing the quality of life in lifelong learners: The influence of a meaning-order approach to pedagogical grammar on motivation and self-efficacy
Authors: Smithers Ryan W. , Gray James W.
Published: November 2018

The purpose of this study is to outline how a practitioner puzzling over the appropriateness of grammar instruction for an English as a foreign language (EFL) class of 11 adults, aged 56 to 78, used the Exploratory Practice (EP) framework to try and enhance the quality of life for these learners learning English as a hobby in Japan. More specifically, this case study sought to come to an understanding of whether the quality of older learners’ lives could be positively influenced through grammar instruction via a meaning-order approach to pedagogical grammar (MAP Grammar). The results demonstrated that older learners benefited from grammar instruction, specifically, MAP Grammar instruction. Furthermore, the quality of their lives was enhanced because, after training in MAP Grammar, these lifelong learners developed stronger self-efficacy beliefs and became more motivated to study EFL. Therefore, teachers who teach older language learners should try incorporating MAP Grammar instruction as part of their pedagogies to see if their practices can also be positively affected.
Two Ethical Hurdles Facing the Osterloh-Frey Proposal
Authors: Collier Paul
Published: November 2018

The proposal that Europe should sell the right to immigration to reflect the access to public goods raises two ethical objections. One draws on the proposition of Michael Sandel that there are things that ‘money can’t buy’. Public goods are the result of a reciprocal exchange of obligations within a community.As such, they are not transactions in a market and putting a price on them can inadvertently weaken their essentially moral nature. The other objection is that selling the right to immigrate would enable the elites of poor countries to exit their obligations to those left behind in their own societies. While potentially damaging poor societies by removing their most able people, it would create the comfortable illusion in Europe that we were being more generous to people from poor countries.