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Abstract: We argue that perceptions of the U.S. Supreme Court can be influenced by stimuli paired with state courts. People with low levels of court knowledge will exhibit an assimilation effect in which residing in a state with an elected supreme court increases perceptions of the Court being political. People with greater knowledge will demonstrate a contrast effect, meaning that the Court will be perceived as less political compared to an elected state court. Using existing survey data and a new survey experiment, we find evidence of the assimilation effect for low-knowledge participants. Our results imply that fundamental perceptions of the Supreme Court can be shaped by stimuli that are objectively unconnected to the Court, and that many people do not effectively differentiate between different types of court.

BackgroundBritish American Tobacco (BAT) released an industry-first human rights report in 2020, which extolled the efforts and objectives of the tobacco industry giant for promoting human rights. How BAT came to brand itself as a human rights champion, being a leader in an industry long accused of enabling human rights violations from leaf-to-stub including profiting from a product which inherently violates the right to health, is unknown. Exploring BAT's evolution through reviewing its materials and Tobacco Industry Documents could shed light on their development and what it means in the tobacco control and human rights context.MethodologyWe reviewed publicly available materials from BAT as well as conducted archival research in the Tobacco Industry Documents digital archives at University of California San Francisco. We focused on how and when BAT used terms such as 'human rights', 'right to health', 'sustainable development goal' and 'harm reduction' as well as 'Framework Convention on Tobacco Control'.ResultsWe reviewed 48 BAT publications and 45 documents from the Tobacco Industry Documents archives. These materials demonstrate both BAT's increasing utilisation of human rights language as well as BAT's reuse of the same language, concepts and general rhetoric. BAT has not engaged significantly or meaningfully on the human right to health.ConclusionBAT's increasing use of human rights rhetoric does not appear to reflect a shift in the company's human rights positions, particularly with respect to the right to health of consumers and BAT's lack of impactful measures to eliminate the harms of its tobacco products.

How political speech is regulated has changed, with online spaces presenting new challenges. Private platforms now play a significant role in providing spaces for political speech with their own rules and algorithms. This paper examines the current state of legal regulation for political speech, both online and offline, and identifies gaps in governance. As we navigate the ever-evolving landscape of online political speech, it is essential to consider the changing and stricter rules that are being put in place. Private actors have played a crucial role in providing space for this speech. It is worth examining the similarities and differences between offline and online political speech and advertising regulation to ensure everyone's voices are heard and respected. Analyzing applicable public and private law, we investigate how different compliance pulls from national and EU law (existing and upcoming) influence the commitments made by the parties, using the most recent federal elections in Germany as an example. Thus, we assess the German legislative framework, which is also influenced by EU legislation. These investigations reflect new European rules, including the Digital Services Act. After analyzing how parties engage with national law and (self-regulatory) commitments, the paper provides suggestions for improving online speech governance. [ABSTRACT FROM AUTHOR]

Private security officers outnumber police by a wide margin, and the gap may be growing. As cities have claimed to defund the police, many have quietly expanded their use of private security, reallocating spending from the public to the private sector. It is difficult to know what to make of these trends, largely because we know so little about what private security looks like on the ground. On one prevalent view of the facts, a shift from public to private security would mean little more than a change of uniform, as the two labor markets are deeply intertwined. Indeed, academics, the media, popular culture, and the police themselves all tell us that private security is some amalgam of a police retirement community and a dumping ground for disgraced former cops. But if, instead, private officers differ systematically from the public police—and crossover between the sectors is limited—then substitution from policing to private security could drastically change who is providing security services. We bring novel data to bear on these questions, presenting the largest empirical study of private security to date. We introduce an administrative dataset covering nearly 300,000 licensed private security officers in the State of Florida. By linking this dataset to similarly comprehensive information about public law enforcement, we have, for the first time, a nearly complete picture of the entire security labor market in one state. We report two principal findings. First, the public and private security markets are predominantly characterized by occupational segregation, not integration. The individuals who compose the private security sector differ markedly from the public police; they are, for example, significantly less likely to be white men. We also find that few private officers, roughly 2%, have previously worked in public policing, and even fewer will go on to policing in the future. Second, while former police make up a small share of all private security, roughly a quarter of cops who do cross over have been fired from a policing job. In fact, fired police officers are nearly as likely to land in private security as to find another policing job, and a full quarter end up in one or the other. We explore the implications of these findings, including intersections with police abolition and the future of policing, at the paper's close. [ABSTRACT FROM AUTHOR]

Increasing population density in urban areas in recent decades has led to the need to develop the building environment in an accelerated way, being necessary for the construction of buildings and their vertical development for a higher percentage of occupancy of the population on a small area of land. Urban expansion has determined the need to impose restrictions on public law through laws and regulations, to reduce the negative impact on the environment and to increase the quality of life of the population. Integrating restrictions, rights and responsibilities into cadastral systems would be an important step in developing integrated real estate management systems. This article aims to monitor the impact of public law restrictions on buildings in the urban area and to present urban regulations and legislation in Romania with applicability in the field of construction through the study of case in which a 3D model of representation and visualization of the restrictions of public law of the buildings is developed. [ABSTRACT FROM AUTHOR]

Assessing when a legal entitlement begins and expires is necessary to make sense of the law. To this end, the law resorts to the following temporal slots: a present, which the law can regulate, and a past and a future that, to different extents, are usually outside of the law's scope and command. Sometimes, however, past and future issues need a present regulation, and therefore laws with a backward or forward-looking projection are enacted. Global constitutionalism is traditionally at odds with an unlimited projection of the law in time and therefore is sceptical of retroactive and 'ultractive' laws. Still, the more moderate forms of retrospective and 'ultraspective' laws can usefully tackle public law decisions, since they inherently live in a mobile flow of time that rejects a strict division between past, present, and future. [ABSTRACT FROM AUTHOR]

In response to extreme conditions, government endowed with extraordinary powers in the form of a state of exception, released from the norms of a rule of law legal order, has been accepted as a modern political institution with an essential role in safeguarding democracy. It is only then, that a democratic government may achieve effective measures necessary to best address the extremities unfolding. The lack of public law theory legitimizing such an institution, alongside the heavy reliance on the medieval principle necessitas legem non habet as the institution's theoretic premise, prompt contemporary theorist Giorgio Agamben to question the role of the state of exception within modern democracy. This paper will first present how Agamben grounds the state of exception to the concept of necessity, tracing the theory of necessity to its apparent European origin, in the writings of Gratian and Thomas Aquinas. Then, this paper will focus on divergent interpretations of necessity drawn from the halls of the Swiss Federal Palace, whilst discussing the fate of recent state of exceptions. These divergent interpretations of necessity, namely by Ernest Paul Graber and Robert Grimm, both historic members of the Swiss Federal Assembly, indicate how necessity may be interpreted in different ways. Finally, this paper will question the extent to which this parallel relationship, between the state of exception and the concept of necessity, may undermine a democratic rule of law legal order. [ABSTRACT FROM AUTHOR]

Copyright of Computer und Recht is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Umsatzsteuer-Rundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Umsatzsteuer-Rundschau is the property of De Gruyter and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The following article critically examines how the structure of international law falls short of embracing common global problems. In this context, the article focuses on the ecological aspects of governance that tend to go beyond state-centric interests. Putting forward an overview of how issues beyond the states' national jurisdiction are addressed in the present structure of international law, the article examines the challenges of incorporating the Earth-centric approach reflected in the Indigenous cosmovision into that body of law. While the analysis does not attempt to provide any conclusive solutions, it argues that the Earth-centric approach cannot be incorporated into the current international legal framework. Although absolutely indispensable for a sustainable planetary process, the approach would require a complete deconstruction of the global legal order or a radical re-organization of the current structure of international law. [ABSTRACT FROM AUTHOR]

Police killings of individuals with mental illness have prompted calls for greater funding of mental health services to shift responsibilities away from the police. Such investments can reduce police interactions with vulnerable populations but are unlikely to eliminate them entirely, particularly in cases in which individuals with mental illness have a weapon or are otherwise dangerous. It remains a pressing question, then, how police should respond to these and other vulnerable aggressors with diminished culpability. This article considers and ultimately rejects three potential approaches from the ethics of defensive force literature. It looks to improve on them by developing what I call the fusion account, which explains how vulnerability and diminished culpability fit together to provide moral grounds for extra protections from deadly force. The article's final sections explore the policy implications of the fusion account for police administrators, officers, and the law. [ABSTRACT FROM AUTHOR]

This article provides an account of the structure of property law based on the principle of subsidiarity. This principle holds that more centralized organizations, including governments, should fulfil a subsidiary role in relation to the individuals and groups of which they are comprised. While subsidiarity has been highly influential in the areas of public law, constitutional law, and international law, its relevance to property law has been underappreciated. Property rights distribute decision-making authority over resources to non-state parties. This promotes a number of interrelated benefits associated with subsidiarity, including the qualitatively distinct contributions made by individuals and groups to the common good, the instrumental benefits of decentralized decision-making, the intrinsic benefits of involvement in actions and decisions affecting oneself, and the development of virtues. However, the principle of subsidiarity also suggests important roles for public authorities, including assuring an appropriate distribution of resources in society and intervening where the private authority of owners fails to uphold the common good. In this respect, subsidiarity offers a distinctive understanding of the divide between private and public law. Private law doctrine appropriately provides owners with a significant sphere of presumptive authority, yet this is subject to broad powers of public authorities to alter the baseline where, in their judgment, the common good requires it. This article argues that the concept of subsidiarity can help to bridge the divide between progressive property theory and theoretical approaches that emphasize the authority of owners. It can also contribute to an understanding of the concept of property, public access rights to private property, property-based community governance, and legal protections for property rights. [ABSTRACT FROM AUTHOR]

The doctrinal project of delineating the supervisory jurisdiction of the common law courts and the scholarly project of elucidating the public law–private law divide have had a long and close relationship. The Supreme Court of Canada strengthened this relationship in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, establishing a bright-line test for the availability of judicial review that takes a presumed state/non-state dichotomy as its organizing principle. In this article, I build on existing critiques of the decision, describing how Wall's categorical paradigm has reduced the judicial oversight of powerful decision makers that have historically been subject to standards of fairness and rationality. However, I also use Wall to raise a more fundamental question, which is whether the public law–private law divide continues to provide the best vocabulary and framework for determining judicial review's boundaries. I explore legal pluralism, a project that has developed in parallel with the public law–private law scholarship and consider whether it might provide a superior framework for understanding the challenges to practices of normative decision making that lie at the heart of cases like Wall. I argue that legal pluralism is more phenomenologically correspondent than the public law–private law divide with cases involving norm-generating communities and more coherent with the values that the common law supervisory jurisdiction should be seeking to promote. [ABSTRACT FROM AUTHOR]

The article presents a case study on the law that regulates disciplinary processes in the Brazilian Federal Public Service (Act 8,112/1990). The aim of this investigation is to examine the features of the law that may lead to unfairness in disciplinary processes. Two theoretical concepts guide the investigation: "institutional corruption" and "administrative evil." Institutional corruption refers to rules, arrangements, and procedures that, despite their legality and ethical intent, exert a systemic and strategic influence that impairs organizational performance and effectiveness. Administrative evil alludes to the phenomenon in which public officials cause harm to innocent people while explaining away their responsibility, usually by projecting negative emotions to an external "object" (i.e., another person). Through a comparison between disciplinary processes and criminal cases, the analysis makes evident that Act. 8,112/1990 deviates from its original purpose of promoting ethical behaviour in the public service because it fails to provide individual protections to defendants. Thus, disciplinary processes in the Brazilian Federal Government can be seen as a case of institutional corruption that opens opportunities for administrative evil. The article presents measures to prevent disciplinary processes from becoming conveyors of institutional corruption and administrative evil and suggest a theme for further research. [ABSTRACT FROM AUTHOR]

Interdisciplinary studies are one of the new fields in epistemology, which have gone beyond the realm of classical studies and offer us a new methodology. Public policy is an interdisciplinary concept in human sciences that is known for its contextual application, as a "specialized concept" to an "academic discipline". This situation shows its importance and high capacity among the concepts of human sciences. Understanding such importance, the present paper seeks to explore this concept in the knowledge of public law. In this regard, this paper achieved these results using a descriptive analytical method. First; the interdisciplinary nature of public policy makes it difficult to properly and accurately understand this concept in public law. Secondly; since the first place of this concept is in other sciences, so public law can use its capacity only as a succedent knowledge. Thirdly; the reading of the mentioned concept in public law can be evaluated as legal based on its practical context in law, such as judicial policies. Therefore, the concept in public law alone cannot be considered as a specialized establishment. Fourth; it seems that the concepts of politics and policy-making at the moment when they are placed as an interdisciplinary concept among specific sciences have a conceptual color and smell and can be discussed according to the context of a specific knowledge. [ABSTRACT FROM AUTHOR]

In China, a hosting audio‐visual platform does not bear a copyright general monitoring obligation. It bears a public law obligation to monitor content proactively and constantly to safeguard the governance objective of cybersecurity. Little literature has discovered that Chinese case law has shown a risk that this public law obligation can impose an actual copyright general monitoring obligation upon platforms. The crux lies in that the public law obligation weakens the rationale of the copyright no monitoring obligation that a platform cannot access and assess each piece of work proactively. Copyright general monitoring seems to be workable as a platform is given such an opportunity to access and evaluate each content upon the fulfillment of the public law obligation. It, however, is unjustifiable to create this copyright law obligation by transferring it from the public law obligation, as copyright monitoring is much more complicated and costly within China's online environment. Access to content does not necessarily indicate a platform's ability to figure out content's copyright authorization status. China should retain adopting the no copyright general monitoring obligation even considering that the public law obligation has been contextually emphasized as a mandatory obligation to platforms. [ABSTRACT FROM AUTHOR]

According to the Constitution of Ukraine, human rights and freedoms are a priority in state activity, and their consolidation and provision is the main task of the state. The implementation of this provision depends on the effective functioning of the state authorities, including the administrative judiciary. According to the Constitution of Ukraine, the main purpose of the functioning of administrative courts is to protect the rights, freedoms and interests of individuals in the field of public-legal relations. For a full and comprehensive consideration of the case, the evidence, which is collected in a legal manner with compliance with their admissibility and propriety, has an important place. The norms of administrative-procedural legislation establish that any public-law dispute referred to the jurisdiction of an administrative court requires a sufficient and comprehensive investigation of the evidence, that is, the establishment of factual information that is important for the resolution of the case. The legislation establishes that any data on the basis of which the court makes a decision, i.e. resolves a dispute, is recognized as evidence in administrative proceedings. The court establishes the presence or absence of circumstances (facts) that justify the claims and objections of the participants in the case, and other circumstances that are important for the correct resolution of the case. Therefore, the evidence makes it possible to completely or partially reproduce the circumstances of the dispute during the trial. In turn, the content and volume of evidence, types and amount of evidence during the consideration and resolution of an administrative case depends on the subject of evidence. In administrative proceedings, evidence and the process of proof have specific features, namely: official clarification of all circumstances in the case, presumption of "guilt" of the subject of authority. Evidence is a sequential process that has clearly defined stages that must be carried out in a certain order in compliance with the rules and regulations established by law. The study of the issue of evidence and proof is important in the administrative process, because the correct definition of the concept of evidence, understanding of what belongs to evidence, distinguishing the means of proof - will contribute to a comprehensive consideration of the case and rendering of a legal decision. [ABSTRACT FROM AUTHOR]

The article is devoted to current trends in the development of scientific provisions regarding administrative-legal disputes in the field of administrative justice. The relevance of the study is due to the importance of administrative and legal disputes regarding the provision of human rights and fundamental freedoms. It is indicated that the methodological basis of the research is determined by the object and subject and includes philosophical, general and special scientific methods: dialectical, historical, comparative-legal, formal-logical, methods of analysis and synthesis. The system of used methods of cognition was aimed at solving the tasks and achieving the goal of scientific work. The object of the research is social relations regulated by law, which arise in connection with the interaction of state authorities and local self-government, other bodies that implement public functions with natural and legal entities regarding the adoption of individual or normative administrative acts. The subject of the study is the norms of Ukrainian and foreign legislation on administrative-legal disputes, the practice of application by administrative bodies and courts, doctrinal sources of administrative law, official analytical materials. It was noted that the activities of public authorities, despite the adoption of the Law of Ukraine «On Administrative Procedure» and a large number of secondary legal acts, did not receive a modern legislative foundation in public law. Formation of a single and consistent adequate socio-economic and legal theory of administrative justice, improvement of legal regulation of relevant relations is one of the important problems of public law. It was emphasized that the judicial system faces uncertainty in the public sphere of conflict relations It was determined that in the context of European integration, the issue of understanding administrative-legal disputes in the Western European doctrine is of interest. The study made it possible to clarify the content of the category of administrative-legal dispute regarding the procedural part and in the context of administrative discretion. [ABSTRACT FROM AUTHOR]

In the article, the author analyzes the available scientific approaches to understanding the concept of «function» in general and to those related to law enforcement by objects and subjects, in relation to which their functions are distinguished. In particular, the author summarizes the understanding of the meaning of the concepts of «functions of law», «functions of the state», «functions of law enforcement», «functions of the court», «functions of justice», and directs his scientific research to the study of the specifics of the separation and interpretation of the content of the functions of law enforcement, which is carried out a special entity - the administrative court and courts whose competence includes consideration of cases on administrative offenses. The author's understanding of the functions of judicial enforcement in the order of administrative proceedings and judicial proceedings in cases of administrative offenses, the consideration of which is assigned to the competence of the court, is offered as possible options for the influence of the court's activity on the administration of justice (consideration of administrative cases and cases of administrative offenses), law enforcement acts of the court on the behavior persons under private and public law. The author notes such common ways of highlighting the functions of judicial law enforcement in scientific and other sources as their characteristics: through the disclosure of the content of generalized categories («functions of the state», «functions of law», etc.); through disclosure of the content of categories closer to judicial law enforcement, in particular: a) through detailing (clarification, highlighting the specifics) of law enforcement functions in general (including the law enforcement function and the function of individual legal regulation); b) due to the detailing (emphasis on specificity) of the functions of the subject of application - the court (including, among others, the restoration of the violated rights of individuals and legal entities; control over legality in the country; guaranteeing. Having studied the content of concepts related to the functions of judicial law enforcement, the author emphasizes that any legal concepts with the component «function» combine such characteristics as «activity», «dynamics», «possibility of influence for the purpose of change», etc. Most of the functions that are outlined in scientific sources as «functions of law» have a manifestation, and, therefore, can be simultaneously recognized as functions of judicial law enforcement, which is carried out in the order of administrative proceedings and judicial proceedings in cases of administrative offenses (those cases whose consideration is assigned to the competence of the court). Among such functions, the author singles out informative, indicative, preventive, educational and communicative functions, and also emphasizes the special role of protective and protective functions of judicial law enforcement. [ABSTRACT FROM AUTHOR]

This article provides an account of the structure of property law based on the principle of subsidiarity. This principle holds that more centralized organizations, including governments, should fulfil a subsidiary role in relation to the individuals and groups of which they are comprised. While subsidiarity has been highly influential in the areas of public law, constitutional law, and international law, its relevance to property law has been underappreciated. Property rights distribute decision-making authority over resources to non-state parties. This promotes a number of interrelated benefits associated with subsidiarity, including the qualitatively distinct contributions made by individuals and groups to the common good, the instrumental benefits of decentralized decision-making, the intrinsic benefits of involvement in actions and decisions affecting oneself, and the development of virtues. However, the principle of subsidiarity also suggests important roles for public authorities, including assuring an appropriate distribution of resources in society and intervening where the private authority of owners fails to uphold the common good. In this respect, subsidiarity offers a distinctive understanding of the divide between private and public law. Private law doctrine appropriately provides owners with a significant sphere of presumptive authority, yet this is subject to broad powers of public authorities to alter the baseline where, in their judgment, the common good requires it. This article argues that the concept of subsidiarity can help to bridge the divide between progressive property theory and theoretical approaches that emphasize the authority of owners. It can also contribute to an understanding of the concept of property, public access rights to private property, property-based community governance, and legal protections for property rights. [ABSTRACT FROM AUTHOR]

The doctrinal project of delineating the supervisory jurisdiction of the common law courts and the scholarly project of elucidating the public law–private law divide have had a long and close relationship. The Supreme Court of Canada strengthened this relationship in Highwood Congregation of Jehovah's Witnesses (Judicial Committee) v Wall, establishing a bright-line test for the availability of judicial review that takes a presumed state/non-state dichotomy as its organizing principle. In this article, I build on existing critiques of the decision, describing how Wall's categorical paradigm has reduced the judicial oversight of powerful decision makers that have historically been subject to standards of fairness and rationality. However, I also use Wall to raise a more fundamental question, which is whether the public law–private law divide continues to provide the best vocabulary and framework for determining judicial review's boundaries. I explore legal pluralism, a project that has developed in parallel with the public law–private law scholarship and consider whether it might provide a superior framework for understanding the challenges to practices of normative decision making that lie at the heart of cases like Wall. I argue that legal pluralism is more phenomenologically correspondent than the public law–private law divide with cases involving norm-generating communities and more coherent with the values that the common law supervisory jurisdiction should be seeking to promote. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The military detention facility at the Guantánamo Bay naval base is the most enduring manifestation of the US “war on terror.” It is also materially and symbolically central to US torture, war crimes, and other egregious violations of law in the post-9/11 era. Since the first detainees arrived in 2002, Guantánamo has been the subject of controversy and debate, as well as a key setting for legal challenges to government policies. This article traces the legacy of the prison and the military commissions across four administrations. It demonstrates that the lack of a common understanding or shared narrative about what Guantánamo means or has meant is a product of entrenched partisanship that characterizes contemporary US politics more broadly. Guantánamo's confounding legacy reflects the lack of a national consensus about the role of laws and courts as guarantors of even the most basic rights.

In this article, I will explore how the underlying research values of ‘openness’ and ‘mutual responsiveness’, which are central to open science practices, can be integrated into a new ethos of science. Firstly, I will revisit Robert Merton's early contribution to this issue, examining whether the ethos of science should be understood as a set of norms for scientists to practice ‘good’ science or as a set of research values as a functional requirement of the scientific system to produce knowledge, irrespective of individual adherence to these norms. Secondly, I will analyse the recent codification of scientific practice in terms of ‘scientific integrity’, a framework that Merton did not pursue. Based on this analysis, and illustrated on the case of COVID-19 as a case in which the institution of science was challenged to deliver urgently on societal desirable outcomes, I will argue that promoting open science and its core norms of collaboration and openness requires broader governance of the institution of science in its relationship with society at large, rather than relying solely on self-governance within the scientific community through a new ethos of science. This conclusion has implications for re-evaluating research assessments, suggesting that the evaluation of the scientific system should take precedence over evaluating individual researchers, and that incentives should be provided to encourage specific research behaviour rather than solely focusing on individual research outputs.

The core insight of this thoughtful and provocative article is that science has become engineering and must be re-governed appropriately. Science today is as much artefact constructing as it is knowledge-producing. Certified knowledge is found through certified construction; science has become technoscience. As such, received practices of and models for governance need re-examining. It is not possible here to address the full range of insights and questions that René von Schomberg’s challenging paper puts on the table. His argument is clearly the outgrowth of years of critical reflection in the science policy trenches of the European Commission. I would wager that there’s no one who has thought longer, harder, and at greater depth about these issues. I will concentrate my comments on the question concerning engineering.

Von Schomberg’s call to place mutual responsiveness – which I understand as the ability of researchers and the research system as a whole to foster meaningful exchanges and learn from novel experiences, no matter where those originate – at the core of Open Science and related efforts to reform the scientific landscape is both timely and significant. Widespread sharing is not enough to guarantee responsible and inclusive research, nor are vague appeals to improve research culture, whatever it is that such culture may turn out to include (Leonelli, 2023). Rather, emphasis needs to be placed on the conditions under which sharing materials, methods and insights – and debating the goals and directions towards which these may be put to use – may improve research exchange, communication and scrutiny, resulting in scientific outputs that are both reliable and socially responsive. Hence von Schomberg’s focus on the interplay between institutional and behavioural features of science and his plea for a reform in governance structures, such as initiated by COARA, are very well-taken. He is, however, too quick to dismiss the importance of some degree of autonomy for those involved in creating knowledge. To show why this matters, I here briefly discuss two of von Schomberg’s additional claims: (1) his focus on ‘knowledge actors’ as the protagonists of research efforts; and (2) his critique of the effectiveness of self-governance efforts by researchers.

Von Schomberg offers a compelling examination of key open science principles and their potential role in fostering responsible research and innovation (RRI). Utilizing Merton's Ethos of Science framework, the paper constructs a series of arguments supporting a central thesis: “the transition towards open science is vital to facilitate RRI.” This transition necessitates significant institutional reforms within the scientific community and adjustments to incentive structures that promote the adoption of open and mutually responsive practices. The manuscript reframes the discourse surrounding responsibility and responsiveness in light of the evolving landscape of open science, shifting the focus from normative commitments to actionable frameworks in research and open science practices. Overall, the position paper strives to bridge the gap between idealised models of scientific communities based on RRI principles and the reality of actual scientific endeavour (Anderson et al., 2007; Politi, 2021, 2024). However, it is important to acknowledge certain omissions that could enrich the analysis. Firstly, a more comprehensive examination of the profound crisis facing science amidst the increasing marketisation and commodification of academia and research would provide valuable context beyond discussions of system failures related to productivity and reproducibility. Secondly, a more nuanced and critical approach to conceptualising open science would enrich the discussion, considering its multifaceted nature and potential pitfalls. Thirdly, the validity of the Mertonian framework and its selective analysis of values, particularly its exclusive focus on the norm of communism. Lastly, a deeper exploration of the challenges and promises inherent in the pursuit of responsible Open Science within ongoing institutional processes.

It is hard to disagree with the thrust of René von Schomberg’s position paper. It is driven by the worry that current conceptions of “open science” are all too impoverished – that they need to be complemented by the social practice of “mutual responsiveness”. In terms of political theory or notions of democracy, on the one hand, in terms of socially relevant research practice, on the other hand, only an ambitious commitment to open science will be robust enough to make a difference and contribute to the solution of pressing problems. In contrast, it is paying lip service only to the ideal of openness when “open science” becomes reduced to “open access publishing” or data storage rituals. As von Schomberg shows, this might actually deepen disparities and redundancies within dysfunctional science.

René von Schomberg’s article (von Schomberg, 2024) makes an invigorating case for the co-responsibility of societal actors to give direction to the pursuit of science. In this reply, I wish to endorse his position as a much-needed reconceptualisation in the face of societal challenges and internal scientific developments. At the same time, I urge that there remain theoretical and practical intricacies in attempting to steer science.

Personal comment on the responses to “Towards a New Ethos of Science or a Reform of the Institution of Science? Merton Revisited and the Prospects of Institutionalizing the Research Values of Openness and Mutual Responsiveness” by René von Schomberg.

In this paper, I consider the construction of patents as social practices. The goal is to observe patents in action, that is, to catch patents in the act of becoming patents. This method of “following the action” is well established in the sociology of science. Similar consideration of the artifices by which a new patent is staged reveals parallels to the known staging of technical papers, including the recruitment of rhetorical allies, se¬mantic fortification against subsequent challenges, and trials of cognitive strength. In each situation, assertions become stabilized facts only if subsequent recipients are in¬duced to accept them as such. However, the patent is formed in a process that largely sidesteps the mechanisms of peer review and material experimentation, substituting in¬stead legal and procedural affordances to facilitate closure. Thus, following the action from which the stabilized patent is fabricated reveals the patent as a uniquely legal, rather than technical, social object.

The study examines the main components of the organizational framework for macro-prudential management in the Member States of the European Union. The organizational design of macro-prudential management is a competence of the Member States, which can themselves be grouped into different models. First, the study provides an overview of the international and EU standards and recommendations on the legal status of macro-prudential bodies in the Member States. Then, it lists those basic features of the legal status of macro-prudential bodies which are relevant with a view to the present inquiry before finally turning to address those very features. The study concludes that there is a tendency for the EU macro-prudential body to standardize the basic elements of the legal status of the Member State macro-prudential bodies. However, the process of standardization, in terms of the content of the institutional framework, is still at an early stage and a variety of legal solutions may be identified for each of the substantive aspects. As such, we claim that the institutional framework of macro-prudential policy is best described by a coordinated standardization of the substantive pillars with different formal features and with different legal solutions.

The paper discusses the concepts of culture and identity within the context of the Fundamental Law of Hungary. The first part focuses on the relationship between the state and culture, both from a conceptual and an ideological point of view. The second part examines how references to culture and identity appear in the Fundamental Law. It is argued that by juxtaposing the two terms in Article R, the Fundamental Law seeks to broaden the meaning of constitutional identity, to include a historical-cultural dimension, and make it a rhetorical topic useful for the construction of exclusivist arguments.

The purpose of this document is to identify which actions in the Equal Opportunities Plan 2023–2026 of the Ourense Provincial Council have the potential to increase equality of opportunity between women and men in positions of similar status, with respect to an analysis of the objectives of the First Equality Plan of (2017–2021). The methodology for measuring the achievements of these strategic objectives consisted of a descriptive comparative study, where the changes in the stated objectives were analyzed, and a quantitative functional study was undertaken to determine the relationship between the typology and functionality of each position. A clear distinction was made between the goals achieved and those requiring more decisive intervention in future. In addition, it recognizes that women are very underrepresented in the most desirable positions at Ourense Provincial Council.

With rapid technological advancements, developing a digitally literate workforce is imperative for public sector organizations to enhance performance. However, research linking digital literacy and employee outcomes in developing country contexts has been limited. This study investigated the relationship between digital literacy and productivity among local government employees in Nigeria. A survey was conducted with 113 employees in Ilorin West Local Government in Nigeria. PLS-SEM was used for the analysis. Digital literacy demonstrated significant positive effects on productivity. Access to ICT positively moderated the digital literacy-productivity relationship. The study makes important theoretical contributions by extending ICT adoption research to public sector contexts and revealing the performance benefits of digital literacy in the workplace. Practically, it capacitates public organizations to increase investments in structured digital skills development programs to motivate employees and unlock productivity improvements.

There is much research on how to improve the provision of local public services without having to increase municipal public spending. Latest trends stress out the role of citizens and non-governmental organizations (NGOs) that can provide various public services using private funding (donations) and volunteers. This paper analyses the relationship between the World Giving Index and donation in a selected NGO, the Lions Clubs International Foundation (LCIF). We investigate whether financial donations made to international humanitarian LCIF in different countries around the world influence the World Giving Index. Main methods used are panel regression and correlation analysis on the sample of 97 countries and 116,033 donors. The results suggest that donations made to LCIF have a positive impact on the World Giving Index. We support our findings with extended theory of planned behaviour model for Slovakia based on a questionnaire with 150 respondents.

This work comprehensively analyzes the legal definition of genocide. In so doing, it details the material and mental conditions that can lead to an individual’s punishment for the commission of the crime of genocide. Further, it addresses some of the difficulties that have arisen when interpreting and applying the legal rule. To this end, this work starts by presenting the basic structure of the crime of genocide, and also the goals of its legal prohibition. It then concentrates on the material element (actus reus) of genocide, placing emphasis on two difficulties; namely, the notion of the group, and how to identify the four protected groups. In addition, the conduct prohibited by the Convention is detailed. This work then focuses on the mental element (mens rea) of the crime, examining each term from the Convention’s formulation separately in order to better assess the concept of specific intent. This work then considers the meaning of article 30 from the ICC Statute. Ultimately, this work details the conventional definition of genocide and reveals some of the main interpretative challenges associated with it.

The incessant bandits’ activities vis-à-vis kidnapping of people for ransom, robbing them of their possessions, raping and even killing them at will by groups of people officially described as bandits in parts of Nigeria is worrisome. The study examines the nexus between governance and armed bandits’ activities, as well as its effects on the people and national development. The study relies on researchers’ observation of unfolding events in the study areas and secondary data. The study revealed that the poor quality of governance offered by the successive political leaders of Nigeria was the major inducing factor of these bandits’ activities. Other factors include political and economic reasons, a high unemployment rate, and a high level of poverty. The study concluded that bandits’ activities, if not quickly nipped in the bud will continue to inhibit the political, social, and economic development of the country, also, the activities are capable of truncating the evolving democratic governance and the corporate existence of Nigeria.

The purpose of this study is to review and understand Vietnam’s measurement of competitiveness for its local authorities. This paper delves into the application of two fundamental metrics, namely the Provincial Competitiveness Index (PCI) and the Department and District Competitiveness Index (DDCI). As Vietnam continues its trajectory of rapid economic development and regional integration understanding the dynamics of competitiveness at subnational levels has great importance. Drawing upon an overview of the competitiveness concept, case study, and perspectives, the article provides a holistic understanding of subnational competitiveness metrics in Vietnam. Results offer valuable insights for policymakers, researchers, and stakeholders involved in subnational development strategies and economic governance frameworks in Vietnam and beyond. This study also indicates future opportunities and challenges within research on pillars/indices, indicators and their impacts on creating the ease of doing business at subnational level.