Search results for: proof obligation

Authors: Sakshi Singh, Shampa Chakraverty

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One of the essential characteristics of Blockchain is the ability to validate the integrity of new transactions added to the Blockchain. Moreover, one of the essential consensus algorithms, Proof of Work, performs this job. In this work, we implemented the Proof of Work consensus method on the block formed by performing the transaction using Ganache. The primary goal of this implementation is to understand the process and record how Proof of Work works in reality on newly created blocks.

Keywords: proof of work, blockchain, ganache, smart contract

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Authors: Monica Alzate, Marcos Dono, Jose Manuel Sabucedo

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As long as collective action and its predictors constitute a big body of work in the field of political psychology, context-dependent studies and moral variables are a relatively new issue. The main goal of this presentation is to examine the differences in the predictors of collective action when taking into account two different types of protest, and also focus on the role of moral obligation as a predictor of collective action. To do so, we sampled both protesters and non-protesters from two mobilizations (N=376; N=563) of different nature (catalan Independence, and an 'indignados' march) and performed a logistic regression and a 2x2 MANOVA analysis. Results showed that the predictive variables that were more discriminative between protesters and non-protesters were identity, injustice, efficacy and moral obligation for the catalan Diada and injustice and moral obligation for the 'indignados'. Also while the catalans scored higher in the identification and efficacy variables, the indignados did so in injustice and moral obligation. Differences are evidenced between two types of collective action that coexist within the same protest cycle. The frames of injustice and moral obligation gain strength in the post-2010 mobilizations, a fact probably associated with the combination of materialist and post-materialist values that distinguish the movement. All of this emphasizes the need of studying protest from a contextual point of view. Besides, moral obligation emerges as key predictor of collective action engagement.

Keywords: collective action, identity, moral obligation, protest

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Authors: Frode van der Laak

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The paper contributes to the feasibility of using a 5G mobile connection as a node for a Proof of Authority (PoA) blockchain, which is used for microtransactions at the same time. It uses the phone number identity of the users that are linked to the crypto wallet address. It also proposed a consensus protocol based on Proof-of-Authority (PoA) blockchain; PoA is a permission blockchain where consensus is achieved through a set of designated authority rather than through mining, as is the case with a Proof of Work (PoW) blockchain. This report will first explain the concept of a PoA blockchain and how it works. It will then discuss the potential benefits and challenges of using a 5G mobile connection as a node in such a blockchain, and finally, the main open problem statement and proposed solutions with the requirements.

Keywords: 5G, mobile, connection, node, PoA, blockchain, microtransaction

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Authors: Ying Yi Wu

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In this paper, we present a proof of the fact that a finite morphism is proper. We show that a finite morphism is universally closed and of finite type, which are the conditions for properness. Our proof is based on the theory of schemes and involves the use of the projection formula and the base change theorem. We first show that a finite morphism is of finite type and then proceed to show that it is universally closed. We use the fact that a finite morphism is also an affine morphism, which allows us to use the theory of coherent sheaves and their modules. We then show that the map induced by a finite morphism is flat and that the module it induces is of finite type. We use these facts to show that a finite morphism is universally closed. Our proof is constructive, and we provide details for each step of the argument.

Keywords: finite, morphism, schemes, projection.

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Authors: Rajaa Filali, Mohamed Bouhdadi

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This paper presents an incremental formal development of the Wireless Transaction Protocol (WTP) in Event-B. WTP is part of the Wireless Application Protocol (WAP) architectures and provides a reliable request-response service. To model and verify the protocol, we use the formal technique Event-B which provides an accessible and rigorous development method. This interaction between modelling and proving reduces the complexity and helps to eliminate misunderstandings, inconsistencies, and specification gaps. As result, verification of WTP allows us to find some deficiencies in the current specification.

Keywords: event-B, wireless transaction protocol, proof obligation, refinement, Rodin, ProB

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Authors: Rahmayanti, Theresia Simatupang, Ronald H. Sianturi

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Corruption criminal act develops rapidly since in the transition era there is weakness in law. Consequently, there is an opportunity for a few people to do fraud and illegal acts and to misuse their positions and formal functions in order to make them rich, and the criminal acts are done systematically and sophisticatedly. Some people believe that legal provisions which specifically regulate the corruption criminal act; namely, Law No. 31/1999 in conjunction with Law No. 20/2001 on the Eradication of Corruption Criminal Act are not effective any more, especially in onus probandi (the burden of proof) on corruptors. The research was a descriptive analysis, a research method which is used to obtain description on a certain situation or condition by explaining the data, and the conclusion is drawn through some analyses. The research used judicial normative approach since it used secondary data as the main data by conducting library research. The system of the burden of proof, which follows the principles of reversal of the burden of proof stipulated in Article 12B, paragraph 1 a and b, Article 37A, and Article 38B of Law No. 20/2001 on the Amendment of Law No. 31/1999, is used only as supporting evidence when the principal case is proved. Meanwhile, how to maximize the implementation of the burden of proof on the perpetrators of corruption criminal act in which the public prosecutor brings a corruption case to Court, depends upon the nature of the case and the type of indictment. The system of burden of proof can be used to eradicate corruption in the Court if some policies and general principles of justice such as independency, impartiality, and legal certainty, are applied.

Keywords: burden of proof, perpetrator, corruption criminal act

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Authors: Yingxu Wang

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The base 6 structure and properties of mirror primes are discovered in this work towards the proof of Goldbach Conjecture. This paper reveals a fundamental pattern on pairs of mirror primes adjacent to any even number nₑ > 2 with symmetrical distances on both sides determined by a methodology of Mirror Prime Decomposition (MPD). MPD leads to a formal proof of the Goldbach conjecture, which states that the conjecture holds because any pivot even number, nₑ > 2, is a sum of at least an adjacent pair of primes divided by 2. This work has not only revealed the analytic pattern of base 6 primes but also proven the infinitive validation of the Goldbach conjecture.

Keywords: number theory, primes, mirror primes, double recursive patterns, Goldbach conjecture, formal proof, mirror-prime decomposition, applications

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Authors: Andra Blumberga, Uldis Bariss, Anna Kubule, Dagnija Blumberga

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European Union Energy Efficiency Directive provides a set of binding energy efficiency measures to reach. Each of the member states can use either energy efficiency obligation scheme or alternative policy measures or combination of both. Latvian government has decided to divide savings among obligation scheme (65%) and alternative measures (35%). This decision might lead to significant energy tariff increase hence impact on the national economy. To assess impact of alternative policy measures focusing on energy management scheme based on ISO 50001 and ability to decrease share of obligation scheme a System Dynamics modeling was used. Simulation results show that energy efficiency goal can be met with alternative policy measure to large energy consumers in industrial, tertiary and public sectors by applying the energy tax exemption for implementers of energy management system. A delay in applying alternative policy measures plays very important role in reaching the energy efficiency goal. One year delay in implementation of this policy measure reduces cumulative energy savings from 2016 to 2017 from 5200 GWh to 3000 GWh in 2020.

Keywords: system dynamics, energy efficiency, policy measure, energy management system, obligation scheme

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Authors: Feng-Hisang Lai

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CFD(Computational Fluid Dynamics) is conducted to numerically study the flow and heat transfer features of a two-pole, 6,080HP, 60Hz, 3,150V open drip-proof (ODP) motor. The stator and rotor cores in this high voltage induction motor are segmented with the use of spacers for cooling purposes, which leads to difficulties in meshing when the entire system is to be simulated. The system is divided into 4 parts, meshed separately and then combined using interfaces. The deviation between the CFD and experimental results in temperature and flow rate is less than 10%. The internal flow is further examined and a final design is proposed to reduce the winding temperature by 10 degrees.

Keywords: CFD, open drip proof, induction motor, cooling

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Authors: Jia Liu

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This article explores the shifting nature of physician-patient relationship in mainland China. Specifically, it takes the physician-patient relationship during the barefoot doctor program in 1968-1978, the marketization of healthcare services in 1978-2002, and the healthcare reform in 2003-2020 as three typical historical periods, illustrating how the nature of the physician-patient relationship has changed over time in mainland China. Drawing on recent jurisprudential literature that emphasizes the roles and functions done by and through obligation rather than right, it explores how the obligations of physicians and patients along with the implementation of informed consent, marketization of the healthcare system, and the basic healthcare reform have affected their relationship. One key feature of this article is that it analyzes the ways in which commodification and decommodification of healthcare have defined and in many different ways have determined the expectations and practices of physicians and patients, which illustrates how the trust between physicians and patients threatens to collapse and the bond between the citizen and the state fails to be firmly established in the mainland Chinese healthcare context. It also pays special attention to the role played by law and legal institutions—for instance, the implementation of informed consent and the liability law—in being complicit in facilitating the decoupling of the practices of physicians and patients from their ethical senses of obligation and undermining the bond (the trust relationship) between them.

Keywords: healthcare, marketization, physician-patient relationship, sense of obligation

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Authors: Rajaa Filali, Mohamed Bouhdadi

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This paper presents an incremental development of the Dynamic Host Configuration Protocol (DHCP) in Event-B. DHCP is widely used communication protocol, which provides a standard mechanism to obtain configuration parameters. The specification is performed in a stepwise manner and verified through a series of refinements. The Event-B formal method uses the Rodin platform to modeling and verifying some properties of the protocol such as safety, liveness and deadlock freedom. To model and verify the protocol, we use the formal technique Event-B which provides an accessible and rigorous development method. This interaction between modelling and proving reduces the complexity and helps to eliminate misunderstandings, inconsistencies, and specification gaps.

Keywords: DHCP protocol, Event-B, refinement, proof obligation, Rodin

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Authors: Rabinder Singh Bharj, Sandeep Kumar

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This investigation presents preparation of sample and analysis of results of ballistic impact test as per EN 1063 on the size, thickness, number, position, and type of the bonding interlayer Polyvinyl Butyral, Poly Carbonate and Poly Urethane on bullet proof glass. It was observed that impact energy absorbed by bullet proof glass increases with the increase of the total thickness from 33mm to 42mm to 51mm for all the three samples respectively. Absorption impact energy is greater for samples with more number of bonding interlayers than with the number of glass layers for uniform increase in total sample thickness. There is no effect on the absorption impact energy with the change in position of the bonding interlayer.

Keywords: absorbed energy, bullet proof glass, laminated glass, safety glass

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Authors: Rafaella Nogaroli

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It is presented hypothetical cases in the context of AI algorithms to support clinical decisions, in order to discuss the importance of doctors to respect AI ethical principles. Regarding the principle of transparency and explanation, there is an impact on the new model of patient consent and on the understanding of qualified information. Besides, the human control of technology (AI as a tool) should guide the physician's activity; otherwise, he breaks the patient's legitimate expectation in a specific result, with the consequent transformation of the medical obligation nature.

Keywords: medical law, artificial intelligence, ethical principles, patient´s informed consent, medical obligations

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Authors: Ahmed Tarek, Ahmed Alveed

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In the theory of computing, there are a wide variety of direct and indirect proof techniques. However, mathematical induction (MI) stands out to be one of the most powerful proof techniques for proving hypotheses, theorems, and new results. There are variations of mathematical induction-based proof techniques, which are broadly classified into three categories, such as structural induction (SI), weak induction (WI), and strong induction (SI). In this expository paper, several different variants of the mathematical induction techniques are explored, and the specific scenarios are discussed where a specific induction technique stands out to be more advantageous as compared to other induction strategies. Also, the essential difference among the variants of mathematical induction are explored. The points of separation among mathematical induction, recursion, and logical deduction are precisely analyzed, and the relationship among variations of recurrence relations, and mathematical induction are being explored. In this context, the application of recurrence relations, and mathematical inductions are considered together in a single framework for codewords over a given alphabet.

Keywords: alphabet, codeword, deduction, mathematical, induction, recurrence relation, strong induction, structural induction, weak induction

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Authors: Gyoutae Park, Seungho Han, Byungduk Kim, Youngdo Jo, Yongsop Shim, Yeonjae Lee, Sangguk Ahn, Hiesik Kim, Jungil Park

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In this paper, we presented not only development technology of an explosion proof type and portable combustible gas leak detector but also algorithm to improve accuracy for measuring gas concentrations. The presented techniques are to apply the flame-proof enclosure and intrinsic safe explosion proof to an infrared gas leak detector at first in Korea and to improve accuracy using linearization recursion equation and Lagrange interpolation polynomial. Together, we tested sensor characteristics and calibrated suitable input gases and output voltages. Then, we advanced the performances of combustible gaseous detectors through reflecting demands of gas safety management fields. To check performances of two company's detectors, we achieved the measurement tests with eight standard gases made by Korea Gas Safety Corporation. We demonstrated our instruments better in detecting accuracy other than detectors through experimental results.

Keywords: accuracy improvement, IR gas sensor, gas leak, detector

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Authors: Mirza Amin Ul Haq

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Purpose – the purpose of conducting this research is to check the impact of nudges constructs, whether they create an encouragement factor with consumer brand loyalty and relating of word-of-mouth power have some kind of effect with all independent variables. Desin/Methodology/Approach – this study adopted the four constructs (i.e., Digital Nudge, Social Proof Nudge, Trust, and the mediator Word of Mouth) and explore its effect and connection with Brand Loyalty. A total of 390 respondents were selected for self-administrated questionnaire to obtain the finding of the research. Findings – the impact and cause between the constructs were done through structural equation modeling. The findings show a positive impact of social proof nudge and word of mouth whereas, digital nudge and trust have the weaker influence on the consumer choices when talk about brand loyalty. Originality/Value – Further implication for research and its marketing strategies in the field of clothing industry creating brand loyalty with customer.

Keywords: nudge, digital nudge, social proof, online buying, brand loyalty, trust, word of mouth

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Authors: Mohammad Mahmoud Mandurah

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The existence of InfoMiracles in scripture is evidence that the scripture has a divine origin. It is also evidence to the existence of God. An InfoMiracle is an information-based miracle. The basic component of an InfoMiracle is a piece of information that could not be obtained by a human except through a divine channel. The existence of a sufficient number of convincing InfoMiracles in a scripture necessitates the existence of the divine source to these InfoMiracles. A mathematical equation is developed to prove that the Qur’an has a divine origin, and hence, prove the existence of God. The equation depends on a single variable only, which is the number of InfoMiracles in the Qur’an. The Qur’an is rich with InfoMiracles. It is shown that the existence of less than 30 InfoMiracles in the Qur’an is sufficient proof to the existence of God and that the Qur’an is a revelation from God.

Keywords: InfoMiracle, God, mathematical proof, miracle, probability

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Authors: Peter J. Morgan

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In response to evidential arguments from evil, Stephen Wykstra presents CORNEA (Condition of Reasonable Epistemic Access) as a foundational principle for Skeptical Theism which urges one to think in terms of what can be expected in a given situation. The use of CORNEA results in skepticism regarding the ability of human ken to know divine levels of knowledge in instances of intense evil. However, William Rowe presents a critique of Skeptical Theism that questions its ability to argue successfully for theism. Rowe contends that siding with Skeptical Theism is akin to boarding a trolley car that does not stop. Contra Wykstra, Rowe observes that, for all that can be known, there could be greater amounts of evils than goods, and the goods that are seen may not be the best possible goods. This amounts to a mortally challenging critique of Skeptical Theism. However, there is a brake on Rowe’s Trolley. This paper makes the argument that the ubiquitous presence of Moral Obligation (MO) serves as a braking system for Rowe’s Trolley. When the rider begins to feel lost in an epistemic stalemate of good and evil it is MO that turns the tide: MO serves as evidence towards the good on a basic human level, and it is a reminder that God’s character will result in actions towards the good.

Keywords: CORNEA, moral obligation, problem of evil, skeptical theism

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Authors: Yingxu Wang

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This work presents basic research on the recursive structures and dual sequential patterns of primes for the formal proof of the Twin-Prime Conjecture (TPC). A rigorous methodology of Twin-Prime Decomposition (TPD) is developed in MATLAB to inductively verify potential twins in the dual sequences of primes. The key finding of this basic study confirms that the dual sequences of twin primes are not only symmetric but also infinitive in the unique base 6 cycle, except a limited subset of potential pairs is eliminated by the lack of dual primality. Both theory and experiments have formally proven that the infinity of twin primes stated in TPC holds in the P x P space.

Keywords: number theory, primes, twin-prime conjecture, dual primes (P x P), twin prime decomposition, formal proof, algorithm

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Authors: M. Rodionov, Z. Dedovets

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The article describes the theoretical concept of teaching secondary school students proof demonstration skills in mathematics. It describes in detail different levels of mastery of the concept of proof-which correspond to Piaget’s idea of there being three distinct and progressively more complex stages in the development of human reflection. Lessons for each level contain a specific combination of the visual-figurative components and deductive reasoning. It is vital at the transition point between levels to carefully and rigorously recalibrate teaching to reflect the development of more complex reflective understanding. This can apply even within the same age range, since students will develop at different speeds and to different potential. The authors argue that this requires an aware and adaptive approach to lessons to reflect this complexity and variation. The authors also contend that effective teaching which enables students to properly understand the implementation of proof arguments must develop specific competences. These are: understanding of the importance of completeness and generality in making a valid argument; being task focused; having an internalised locus of control and being flexible in approach and evaluation. These criteria must be correlated with the systematic application of corresponding methodologies which are best likely to achieve success. The particular pedagogical decisions which are made to deliver this objective are illustrated by concrete examples from the existing secondary school mathematics courses. The proposed theoretical concept formed the basis of the development of methodological materials which have been tested in 47 secondary schools.

Keywords: education, teaching of mathematics, proof, deductive reasoning, secondary school

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Authors: Sangguk Ahn, Youngyu Kim, Jaheon Gu, Gyoutae Park

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In this paper, we developed a dual gas leak instrument to detect Hydrocarbon (HC) and Monoxide (CO) gases. To two kinds of gases, it is necessary to design compact structure for sensors. And then it is important to draw sensing circuits such as measuring, amplifying and filtering. After that, it should be well programmed with robust, systematic and module coding methods. In center of them, improvement of accuracy and initial response time are a matter of vital importance. To manufacture distinguished gas leak detector, we applied intrinsically safe explosion-proof structure to lithium ion battery, main circuits, a pump with motor, color LCD interfaces and sensing circuits. On software, to enhance measuring accuracy we used numerical analysis such as Lagrange and Neville interpolation. Performance test result is conducted by using standard Methane with seven different concentrations with three other products. We want raise risk prevention and efficiency of gas safe management through distributing to the field of gas safety. Acknowledgment: This study was supported by Small and Medium Business Administration under the research theme of ‘Commercialized Development of a portable intrinsically safe explosion-proof type dual gas leak detector’, (task number S2456036).

Keywords: gas leak, dual gas detector, intrinsically safe, explosion proof

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Authors: Monika Florczak-Wator

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The model of positive obligations of the state concerning the protection of the rights of an individual was created within the jurisdiction of the German Federal Constitutional Court in the 1970s. That model assumes that the state should protect an individual against infringement of their fundamental rights by another individual. It is based on the idea concerning the modification of the function and duties of the state towards an individual and society. Initially the state was perceived as the main infringer of the fundamental rights of an individual formulating the individual’s obligations of negative nature (obligation of noninterference), however, at present the state is perceived as a guarantor and protector of the fundamental rights of an individual of positive nature (obligation of protection). Examination of the chosen judicial decisions of that court will enable us to determine what the obligation of protection is specifically about, when it is updated and whether it is accompanied by claims of an individual requesting the state to take actions protecting their fundamental rights against infringement by the private entities. The comparative perspective for the German model of positive obligations of the state will be an analogous model present in the jurisdiction of the European Court of Human Rights. It is justified to include it in the research as the Convention, similarly to the constitution, focuses on the protection of an individual against the infringement of their rights by the state and both models have been developed within the jurisdiction for several dozens of years. Analysis of the provisions of the Constitution of the Republic of Poland as well as judgements of the Polish Constitutional Tribunal will allow for the presentation of the application the model of the protective duties of the state in Poland.

Keywords: human rights, horizontal relationships, constitution, state protection

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Authors: Leila Angélica de O. Castro, Thiago R. Pereira

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The number of refugees currently is alarming, having overcome the numbers of World War II. The objective of this research will be to examine this refugee crisis the light of the main contemporary ethical theories, mainly by analyzing whether there is an ethical obligation to assist these refugees. Among the many existing theories like virtue ethics, Kantian ethics, utilitarian ethics, ethical egoism and psychological egoism, will be the ethical theories used to analyze the current refugee crisis. The ethics of virtue is the oldest of theories, an action can be considered correct if we are acting virtuously if we predisposition to act that virtuously, where the goal is always the eudaimonia, a good life, a happy life. The Kantian ethics of the works of the philosopher Immanuel Kant, where we apply the hypothetical and categorical imperatives to find universal truths, actions that we consider to be universally correct. Utilitarian ethics believes that action will be considered as correct to bring happiness to the greatest possible number of people, even if they somehow have to bring unhappiness to any number of people. Ethical egoism should be concerned first with our individual happiness, and then we can worry about the happiness of others, so long as it causes us some happiness. Thus, action is correct since it is causing us a greater degree of happiness than unhappiness. Finally, the psychological egoism does not seek to determine whether an action is right or not, but claims that all our actions, even if they seem altruistic, actually has another motivation, which will always be a selfish motivation, that is, concerned with the our well-being. From these initial concepts, the issue of refugees, especially the question of whether states and their citizens have or not any ethical obligation to help them and receive them in their territories will be analyzed .

Keywords: refugees, ethics, obligation to help, contemporary theories

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Authors: Maelle Noir

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International Human rights norms prescribe the obligation to protect refugee women against violence which requires, inter alia, state provision of justiciable, accessible, affordable and non-discriminatory access to justice. However, the interpretation and application of the law still lack gender sensitivity, intersectionality and a trauma-informed approach. Consequently, many refugee survivors face important structural obstacles preventing access to justice and often experience secondary traumatisation when navigating the legal system. This paper argues that the unique nature of the experiences of refugees with gender-based violence against women exacerbated throughout the migration journey calls for a tailored practice of the law to ensure adequate access to justice. The argument developed here is that the obligation to provide survivors with justiciable, accessible, affordable and non-discriminatory access to justice implies radically transforming the practice of the law altogether. This paper, therefore, proposes feminist lawyering as an alternative approach to the practice of the law when addressing gender-based violence against women refugees. First, this paper discusses the specific nature of gender-based violence against refugees with a particular focus on two aspects of the power-violence nexus: the analysis of the shift in gender roles and expectations following displacement as one of the causes of gender-based violence against women refugees and the argument that the asylum situation itself constitutes a form of state-sponsored and institutional violence. Second, the re-traumatising and re-victimising nature of the legal system is explored with the objective to demonstrate States’ failure to comply with their legal obligation to provide refugee women with effective access to justice. Third, this paper discusses some key practical strategies that have been proposed and implemented to transform the practice of the law when dealing with gender-based violence outside of the refugee context. Lastly, this analysis is applied to the specificities of the experiences of refugee survivors of gender-based violence.

Keywords: feminist lawyering, feminist legal theory, gender-based violence, human rights law, intersectionality, refugee protection

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Authors: Marwa Zein

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The long-term of the contract is one of the major features that distinguish international trade and investment contracts from other internal contracts. This is due to the nature of the contract and the huge works required to be performed from one hand or the desire of the parties to achieve stability in their transactions. However, long-term contracts might expose them to certain events and circumstances that impact the capability of the parties to execute their obligations pursuant to these contracts. During the year 2016, the Egyptian government has taken series of economic decisions which greatly impacted the economic and investment environment. Consequently, many contracts have encountered many problems in their execution due to such changes that greatly influence the performance of their obligation, a matter that necessitated the renegotiation of the conditions of these contracts on the basis of the unpredicted changes that could be listed under the Force Majeure Clause. The principle of fair and equitable treatment in investment placed on an obligation on the Egyptian government to consider the renegotiation of contract clauses based on the new conditions. This paper will discuss the idea of renegotiating international trade and investment contracts in Egypt with reference to the changes the economic environment has witnessed lately.

Keywords: change of circumstances, international contracts, investment contracts, renegotiation

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Authors: Yoshio Kurosawa

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To reduce the interior noise of cars in high-frequency region, sound proof materials are laminated with the body panels and the interior trims. Therefore, sound proof properties of the laminates play an important role for the efficient acoustical design. A program code which predicts both sound absorption properties and sound insulation properties of the laminates are developed. This program code is used for transfer matrix method by Biot theory. This report described the outline of this program code, and the calculation results almost agreed with the experimental results.

Keywords: porous media, transmission loss, Biot theory, transfer matrix method

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Authors: Konstancja Syller

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International law and European regulations remain hardly silent about the admissibility of evidence obtained illegally in a criminal trial. However, Article 6 of the European Convention on Human Rights guarantees the right to a fair trial, it does not normalise a proceeding status of specified sources or means of proof outright. Therefore, it is the preserve of national legislation and national law enforcement authorities to decide on this matter. In most countries, especially in Germany and Poland, a rather complex normative approach to the issue of proof obtained in violation of the right to privacy is evident, which pursues in practise to many interpretive doubts. In Germany the jurisprudence has a significant impact within the range of the matter mentioned above. The Constitutional Court and the Supreme Court of Germany protect the right to privacy quite firmly - they ruled on inadmissibility of obtaining a proof in the form of a diary or a journal as a protection measure of constitutional guaranteed right. At the same time, however, the Supreme Court is not very convinced with reference to the issue of whether materials collected as a result of an inspection, call recordings or listening to the premises, which were carried out in breach of law, can be used in a criminal trial. Generally speaking, German courts indicate a crucial importance of the principle of Truth and the principle of proportionality, which both enable a judgement to be made as to the possibility of using an evidence obtained unlawfully. Comparing, in Poland there is almost no jurisprudence of the Constitutional Tribunal relating directly to the issue of illegal evidence. It is somehow surprising, considering the doctrinal analysis of the admissibility of using such proof in a criminal trial is performed in relation to standards resulted from the Constitution. Moreover, a crucial de lega lata legal provision, which enables allowing a proof obtained in infringement of the provisions in respect of criminal proceedings or through a forbidden act, is widely criticised within the legal profession ant therefore many courts give it their own interpretation at odds with legislator’s intentions. The comparison of two civil law legal systems’ standards regarding to the admissibility of an evidence obtained in contravention of the right to privacy in a criminal trial, taking also into account EU legislation and judicature, is the conclusive aim of this article.

Keywords: criminal trial, evidence, Germany, right to privacy, Poland

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Authors: Ayşegül Çabuk, Mine Işıksal

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Mathematics is a sense-making activity so that it requires meaningful learning. Hence based on this idea, meaningful mathematical connections are necessary to learn mathematics. At that point, the major question has become that which educational methods can provide opportunities to provide mathematical connections and to understand mathematics. The amalgam of reasoning and proof can be the one of the methods that creates opportunities to learn mathematics in a meaningful way. However, even if reasoning and proof should be included from prekindergarten to grade 12, studies in literature generally include secondary school students and pre-service mathematics teachers. With the light of the idea that the amalgam of reasoning and proof has significant effect on middle school students' mathematical learning, this study aims to investigate middle grade students' tendencies while reasoning the correctness of statements related to numbers. The sample included 272 middle grade students, specifically 69 of them were sixth grade students (25.4%), 101 of them were seventh grade students (37.1%) and 102 of them were eighth grade students (37.5%). Data was gathered through an achievement test including 2 essay types of problems about algebra. The answers of two items were analyzed both quantitatively and qualitatively in terms of students' solutions strategies while reasoning the correctness of the statements. Similar on the findings in the literature, most of the students, in all grade levels, used numerical examples to judge the statements. Moreover the results also showed that the majority of these students appear to believe that providing one or more selected examples is sufficient to show the correctness of the statement. Hence based on the findings of the study, even students in earlier ages have proving and reasoning abilities their reasoning's generally based on the empirical evidences. Therefore, it is suggested that examples and example-based reasoning can be a fundamental role on to generate systematical reasoning and proof insight in earlier ages.

Keywords: reasoning, mathematics learning, middle grade students

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Authors: Susana Almeida

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The right to adequate food is a human right protected under several international human rights treaties of universal or regional application. In addition, this social right is – as we intend to demonstrate – guaranteed under the Portuguese Constitution. Therefore, in order to assure the protection of this right, the Portuguese State must not only abstain from interfering with this human right (negative obligation) but also take action to secure the human right to adequate food (positive obligation). In this context, the Portuguese State has developed several governmental policies, such as taxing sugary drinks, setting the maximum amount of salt in the bread or creating the National Program for the Promotion of Healthy Food. Nevertheless, we intend to demonstrate that special attention should be given to advertising, as advertisements have an extreme influence on the consumers' decisions and hence on the food decisions. In this paper, besides explaining the cross construction of the human right to adequate food, we aim to examine the Advertising Portuguese Code and to study the several provisions that could be held by the Portuguese consumer to challenge some advertisements due to the violation of the right to health and the right to adequate food. Moreover, having in mind the influence of advertising on the food decisions and the serious problems that unhealthy food may bring (e.g., child obesity), one should ask if this legal framework should not be reviewed in order to lay out some restrictions on advertising, namely setting advices like in alcohol advertisements.

Keywords: advertising code, consumer law, right to adequate food, social human right

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Authors: Arburim Iseni, Afrim Aliti, Nagri Rexhepi

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The blood feud or blood-taking is a social obligation to commit murder in order to salvage honor questioned by an earlier murder or moral humiliation. This social obligation is still preserved as a stub among Albanians when honor is violated. By the term honor are understood many things, such as honor to the family, house, guest, property, etc. Many Albanian family members are forced to stay locked up at home because of the blood killing, whereas other families abandon their houses and migrate to other places. Nonetheless, Albanians maintain close ties with their extended families, clans, and tribes and thus chances are high that the violence can beget more violence and without reconciliation of the blood these families will always be endangered. One of the reasons for the pervasiveness of the blood feud is the poor social conditions, political imbroglio and the power vacuum which comes from the corrupted and judiciary system of the state. Contrary to this, Albanian blood feud is not a phenomenon present only to the Albanians, but it also takes place in some other cultures and nations, such as: Chechens, Montenegrins, Serbians, and lately more radical one is between Amman and Israel who are at constant feud.

Keywords: honor, blood feud, reconciliation, power vacuum, poor social conditions, political imbroglio

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