Discussions of metaphysical grounding have recently found their way into general jurisprudence. It is becoming increasingly common to frame the debate between positivism and antipositivism as a disagreement about what facts metaphysically ground legal facts. In this article we critically evaluate this grounding turn. First, we argue that articulating the debate about the nature of law in terms of grounding holds the promise of recasting it in a common vocabulary. Second, we argue that this comes at a cost: framing the (...) debate in this way obscures a range of further disagreements that cannot be usefully analyzed in terms of metaphysical grounding. We conclude that grounding may give us a clearer picture of what we already knew, while obfuscating a number of important questions to which it cannot, and is not intended to, provide answers. (shrink)

Analysis of case law from the US, Germany, South Africa, Canada, Israel, and the ECtHR forms the basis of Tripkovic's exploration of constitutional adjudication from an antirealist standpoint. This highly original work identifies the salient value-based arguments in constitutional practice and exposes the implicit assumptions that lie therein.

Volume 11, Issue 1, March 2020, Page 140-149.

Strategic Environmental Assessment, as a support to strategic planning, is a starting point in the creation of a sustainable concept of managing waste that is based on the principles of a circular economy. The role of SEA is to guide the planning process towards the goal of securing the best effects in relation to the quality of the living environment and the socio-economic aspects of development. SEA is also an instrument that can be used when making optimal decisions about spatial (...) development, which further contributes to its importance and role in the planning process. The implementation of SEA allows developers to establish the benefits and implications of the proposed spatial changes, taking into account the capacity of the space to sustain the planned development, and to determine the degree of acceptability of the proposed spatial changes. This paper presents a specific method used for impact assessment in SEA for the Agro-Waste Management Plan for Oplenac Vineyard. The specificity of this method is that it combines specific goals, indicators and criteria for assessing the effect of planning solutions formulated in the simulated AWMP for Oplenac Vineyard using a semi-quantitative expert method. The results of the paper indicate the possibility of using GIS tools to increase objectivity in the expert evaluation of planning solutions, particularly in relation to a group of criteria for assessing the spatial dispersion of the impacts. This reduces the subjectivity that is characteristic of all expert methods. The graphical presentation of the results in GIS technology and the use of matrices and graphs to present the results makes them easier to understand and creates a good basis for making optimal decisions on future activities concerning the elimination of waste from wineries and viticulture. The research was carried out within the framework of the NoAW project, which is supported by the European Commission through the Horizon2020 research and innovation program. (shrink)

Since the latest political changes, the FRY faces a choice of a transition strategy and privatization model whithin it. After ten years of transition in East Europen countries, well established patterns in marked oriented reforms and subsequent results are observed and could serve as policy lessons for the FRY. Regarding the significant impact that initial conditions have on efforts and results of transition macroeconomic policy and structural reform implementation, the paper presents the prevailing institutional setting of the Yugoslav economy inherited (...) from the communist regime. Also, the ten years of Yugoslav privatization experience is reported to have weak results due to the poor concept. Debates on privatization, as well on structural reforms and macroeconomic policy, have again become lively in the FRY.Depuis les derniers changements politiques, la République Fédérale de Yougoslavie fait face à un choix de stratégies de transition et de modèles de privatisation. Après dix années de transition dans les pays de l’Europe de l’Est, des schémas bien établis de réformes menant à l’économie de marché et les résultats qui en découlent sont observés et pourraient servir de leçon pour la République Fédérale de Yougoslavie sur le plan politique. Eu égard à l’impact significatif qu’ont les conditions initiales sur les efforts et les résultats de la politique macroéconomique de transition et d’instauration de la réforme structurelle, l’article souligne que l’environnement institutionnel de l’économie yougoslave est un héritage du régime communiste. Aussi, les dix années de privatisation en Yougoslavie ont donné lieu à des résultats peu significatifs, précisément à cause de l’héritage évoqué. Les débats autour de la privatisation, des réformes structurelles et de la politique macroéconomique sont à nouveau d’actualité en République Fédérale de Yougoslavie. (shrink)

We prove that there exists a function f which reduces a given Π1 1 subset P of an internal set X of an ω1-saturated nonstandard universe to the set WF of well-founded trees possessing properties similar to those possessed by the standard part map. We use f to define the Lusin-Sierpinski index of points in X, and prove the basic properties of that index using the classical properties of the Lusin-Sierpinski index. An example of a Π1 1 but not Σ1 (...) 1 set is given. (shrink)

We prove that every countably determined set C is U-meager if and only if every internal subset A of C is U-meager, provided that the cofinality and coinitiality of the cut U are both uncountable. As a consequence we prove that for such cuts a countably determined set C which intersects every U-monad in at most countably many points is U-meager. That complements a similar result in [KL]. We also give some partial solutions to some open problems from [KL]. We (...) prove that the set K = {1,...,H}, where H is an infinite integer, cannot be expressed as a countable union of countably determined sets each of which is U-meager for some cut U with min{cf (U), ci (U)} ≥ ω1. Also, every Borel, Σ1 m or countably determined set C which is U-meager for every cut U is a countable union of Borel, Σ1 m or countably determined sets respectively, which are U-nowhere dense for every cut U. Further, the class of Borel U-meager sets for min{cf(U), ci(U)} ≥ ω1 coincides with the least family of sets containing internal U-meager sets and closed with respect to the operation of countable union and intersection. The same is true if the phrase "U-meager sets" is replaced by "U-meager for every cut U.". (shrink)

The world has been going through the process of economical, political and cultural integration for a long time. At the end of the 20th century, the integration received a new meaning. In the world?s policy, sovereign countries were in conflict or collaborated earlier. A stricter hierarchy of economical and political power hubs is being established now. In such processes of globalization, differences in development, wealth and power arise, people are less safe, the sovereignity of national states is being violated. The (...) story of equality remains in the sense of disappearance of cultural differences in floods of non-cultural culture. It is difficult to talk about democracy when the world?s power is getting stronger and stronger. Is it possible to have a globalization which would not affect human rights, and which would not prevent people from taking care of truth, freedom and happiness? Svet se odavno ekonomski, politicki i kulturno objedinjuje. Krajem 20. veka je objedinjavanje dobilo novo znacenje. U svetskoj politici su se ranije podrazumevali sukobi ili saradnja suverenih drzava. Sada se uspostavlja sve cvrsca hijerarhija medju raznim ekonomskim i politickim sredistima moci. Kod ovakvog globalizovanja se razlike u razvijenosti, bogatstvu i snazi povecavaju, ljudi postaju sve manje bezbedni, a suverenost nacionalnih drzava se osipa. Prica o jednakosti ima smisla samo kao nestajanje kulturnih razlika u poplavi nekulturne kulture. O demokratiji je tesko govoriti uz sve cvrscu dominaciju svetske moci. Da li bi moglo da postoji globalizovanje koje ne bi ugrozavalo ljudska prava, koje ne bi sprecavalo ljude da brinu o istini, slobodi i sreci? PR Projekat Ministarstva nauke Republike Srbije, br. 179006. (shrink)

Given two internal sets X and Y we prove that every Borel function whose graph is a subset of the product X x Y is a member of the least set containing the class of all internal functions and closed with respect to the operations of monotone countable union and intersection. We also prove that any Souslin function can be extended to a Borel function and obtain, as a corollary, a new proof of the recent result of Henson and Ross (...) about the measure preserving property of injective Souslin functions. Further we give a new proof of the fact that injective Borel functions map Borel sets into Borel. A structural result for Souslin graphs all of whose Y-sections are of cardinality n is given. (shrink)

We prove that a Borel subset of the product of two internal setsX andY all of whoseY-sections are ∏ 1 0 (K)(∑ 1 0 (K)) sets is the intersection (union) of a countable sequence of Borel graphs with internalY-sections. As a consequence we prove some standard results about the domains of graphs in the product of two topological spaces all of whose horizontal section are compact (open) sets. A version of classical Vitali-Lusin theorem for those types of graphs is given (...) as well as a new proof (and an extension) of a classical result of Kunugui. (shrink)

After Kant the meaning of freedom is considered not so much as inner experience, but rather as a requisite to understand the world. In this regard an act of freedom is not one among many human acts, but their precondition and cause. In its highest reaches freedom thus provides existence with a final possibility in which it presents itself as an aesthetic monolith. Aesthetics of freedom considers its sublimity, one that confronts the misery of suffering its deprivation. The syncope of (...) freedom consists in itself its aesthetic feasibility as a lunge equal to reaching, but not discovering freedom, the same freedom many have viewed differently in numerous moments of aspiration through the ages, but have never discovered it in the entirety of its sublimity due to evading responsibility for it. This presentation attempts to contribute to understanding whether the philosophical concept of freedom is in fact comparable to a square circle. (shrink)

Collateral legal consequences attached to criminal convictions (CLCs) are often criticised because they expose criminal offenders to various forms of harmful and/or wrongful treatment. In this article, we argue that CLCs are problematic because they undermine the power to punish, a distinct normative power that allows the relevant powerholders to directly change the offender's normative situation. The article identifies important features of the power to punish construed as the normative ability that judges should hold in liberal polities. In particular, we (...) examine how CLCs undermine two of the features – viz., robustness and attributability – that are central to the non-deficient functioning of the normative power to punish. Acknowledging the implausibility of a forthcoming demise of CLCs, we conclude with an outline of non-ideal proposals that would marginally mitigate the unwarranted effects that CLCs have on the exercise of the normative power to punish. (shrink)

We give positive answers to two open questions from [15]. (1) For every set C countably determined over A, if C is Π 0 α (Σ 0 α ) then it must be Π 0 α (Σ 0 α ) over A, and (2) every Borel subset of the product of two internal sets X and Y all of whose vertical sections are Π 0 α (Σ 0 α ) can be represented as an intersection (union) of Borel sets with (...) vertical sections of lower Borel rank. We in fact show that (2) is a consequence of the analogous result in the case when X is a measurable space and Y a complete separable metric space (Polish space) which was proved by A. Louveau and that (1) is equivalent to the property shared by the inverse standard part map in Polish spaces of preserving almost all levels of the Borel hierarchy. (shrink)