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21.
In this article, we investigate whether the design of the electoral system used in the elections of local councils affects the position of national parties and their main competitors, local independent lists. We study the case of the electoral reform enacted recently in Poland which modified the rules of council elections by introducing the first-past-the-post (FPTP) system, quite rarely used in local elections. Using empirical evidence from the municipalities where FPTP replaced the open-list proportional representation (OLPR) system, we demonstrate that the introduction of single-member districts, and majoritarian rule in council elections, increased the number of single independents, unaffiliated to any party or committee, and limited the (already poor) presence of party candidates and councillors. The reform also strengthened the position of directly elected mayors, in Poland – usually independent, by assuring many of them safe majorities in councils. We found that the share of seats for the winning mayor’s list increased by 10 pp on average after the reform.  相似文献   
22.
In this paper, we discuss the problem of the relationship between legal concepts and legal norms. We argue that one of the widespread theories of legal concepts, which we call ??the embedding theory??, is false. The theory is based on the assumption that legal norms are central for any legal system and that each legal norm establishes an inferential link between a certain class of facts and a certain class of legal consequences. Alf Ross??s embedding theory was presented in his famous paper ??Tu?CTu??. According to Ross, the sole function of legal concepts is to simplify normative information. Hence, the use of legal concepts may be a matter of convenience, rather than necessity. We criticize this approach mainly by pointing to the existence of so-called second order substantive concepts, which are not reducible to any determined set of conditional sentences (inferential links). In short, second order substantive concepts play the role of general standards, and general standards are used to provide flexibility for a particular legal system. In addition, general standards are ??value loaded??, since they serve as a frame of reference for judges applying law to particular cases. To understand such general standards as a predefined set of conditionals means to overlook their ??open?? content, and thus their function. In our opinion, the acceptance of the embedding theory means to misinterpret the function of general standards. We also argue that Giovani Sartor??s idea of defective legal concepts doesn??t help to clarify or defend the embedding theory.  相似文献   
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24.
The article reflects on the possibility of conceptualising the complex problem of the normativity of international legal rules, including in particular the phenomenon of “relative normativity.” The author utilises the critical potential of Ronald Dworkin's proposal for a new philosophy of international law to reflect on the classical accounts explaining normativity of international law. By building on Dworkin's argument, the author argues for a constitutional account of international law. The far‐reaching constitutional proposals may provide a more complex and coherent set of possible rationalisations of international legal rules. International law is in great need of a comprehensive theory that could better explain its normative character as well as its sources, and it is argued that international constitutionalism has the potential to serve this purpose.  相似文献   
25.
Although the problem of handwriting variability due to lying body position has practical significance, particularly for last will cases, it has not been sufficiently studied. The presented experiment aimed to recognize how such posture may influence handwriting features. Samples of text and signatures were collected from 50 healthy individuals, aged 23–58, produced in three postures: typical sitting position (SP) and two different lying positions (LP1 & LP2). Using the SP sample of each individual as a specimen, eleven characteristics in LP1 and LP2 samples were evaluated as similar or different. Nine other features were measured with a specialized software, and their conformity was tested with Student's t‐test. Although none of the characteristics differed significantly in most cases, variation occurred in pen pressure, margins, baselines, and heights of letters. Additionally, a series of blind tests revealed that lying position of the individuals did not hinder the possibility to identify their writings.  相似文献   
26.
The Supreme Court of the Republic of Poland confirmed in itsjudgment a novel method for establishing the quantum of profitsgained by an infringer in the course of his trade mark infringement.  相似文献   
27.
The development of a nucleic acid extraction method based on magnetic separation has opened up possibilities forl automation of DNA extraction. The BioRobot M48 is one of robotic stations applicable to automated DNA extraction in forensics. However, each new method should be thoroughly validated before application to routine casework. Our aim was to compare the effectiveness of the currently utilized organic/Microcon 100 based extraction procedure and magnetic extraction with BioRobot M48. The DNA concentration of DNA extracts obtained from different kinds of typical forensic material was evaluated followed by amplification with the SGM Plus or Identifiler kit and capillary electrophoresis using ABI 3100 Avant. We can conclude that BioRobot M48 is a very effective instrument for DNA extraction from most specimens and can be successfully applied in forensic laboratories.  相似文献   
28.
The paper presents a unique case of a complex suicide committed by a young man, mostly probably triggered by a disappointment in love. The uniqueness of the suicide lies in the fact that the victim inflicted several deep stab wounds on himself, in the chest and abdomen, while standing partly submerged in the sea and, having done so, he dropped and disappeared in the water. The postmortem examination showed, apart from deep wounds in the trunk, characteristics of drowning that manifested itself in the form of aqueous emphysema of the lungs. Suicide was clearly determined on the basis of the circumstances preceding death, the location, and arrangement of the trunk wounds and the testimony given by a witness of the incident. The circumstances preceding the suicidal act clearly suggest an underlying undiagnosed mental disorder.  相似文献   
29.
A case of corpse dismemberment into 850 fragments was investigated at the Cracow Department of Forensic Medicine. The perpetrator employed various tools to divide the body into fragments and subsequently boiled the pieces to reduce their volume. The thus-prepared body decreased its volume to 30 kg. Subsequently, the perpetrator placed the body fragments in 2 large pots, which were then positioned in the space under the stairs and walled in.  相似文献   
30.
Allele frequencies for 15 short tandem repeats (STRs) included in AmpFlSTR Profiler and AmpFlSTR SGM Plus kits were obtained from populations of Pomorze Gdanskie, Wielkopolska, Kujawy, Pomorze Zachodnie, Mazury and Mazowsze regions of Poland.  相似文献   
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