Odwołania do szkół filozoficzno-prawnych w uzasadnieniach orzeczeń polskich sądów

The article presents the results of a quantitative and qualitative study of the Polish case law in terms of the presence of direct references to schools of legal thought in the written justifications of judgments. Although these types of references are very rare, their intensification can be observed in the last decade. In justifications of court decisions, references were made to just a few strands of jurisprudence. Most references relate to jusnaturalism and legal positivism. Courts characterize schools of legal thought in a simplified and exaggerated manner, and sometimes also incorrectly. The judicature usually disregards the authors’ versions of particular strands of jurisprudence, reaching for the claims derived from these strands in their ‘average’ form. The paper posits that legal philosophy is potentially useful for courts, especially in hard cases. It may help judges to perform the explanatory and persuasive functions of justifications of judgments. The condition for this is that references to the tenets of specific schools of legal thought should not be superficial, shallow or slogan-like. Otherwise, they play only an ornamental role, not an argumentative one.

A GAMMA MOVING AVERAGE PROCESS FOR MODELLING DEPENDENCE ACROSS DEVELOPMENT YEARS IN RUN-OFF TRIANGLES

ABSTRACT We propose a stochastic model for claims reserving that captures dependence along development years within a single triangle. This dependence is based on a gamma process with a moving average form of order $p \ge 0$ which is achieved through the use of poisson latent variables. We carry out Bayesian inference on model parameters and borrow strength across several triangles, coming from different lines of businesses or companies, through the use of hierarchical priors. We carry out a simulation study as well as a real data analysis. Results show that reserve estimates, for the real data set studied, are more accurate with our gamma dependence model as compared to the benchmark over-dispersed poisson that assumes independence.

Analysis of height and width of mandibular condyle and shape of the articular eminence with and without clicking using TMJ radiography

The temporomandibular joint (TMJ) is the joint of the mandibular condyle with the glenoid fossa of the temporal bone and is the only joint in the head that is responsible for opening and closing movements of the jaw. Cliking is the most frequent symptom indicating temporomandibular joint dysfunction. Several radiographic techniques are used to establish the diagnosis in the examination of the temporomandibular joint. This research was carried out using closed mouth TMJ radiography. The purpose of this study was to determine the height and width of the mandibular condyle and the form of eminence with and without clicking using TMJ radiographs. This research is a descriptive analytic study. The results showed that the average height of the mandibular condyle with clicking was 18,796 mm and without clicking was 22,812 mm. The average width of the mandibular condyle with cliking is 11673mm and without cliking is 11,181mm. The average form of articular eminence with clicking is 36.754 ° and without cliking is 41.081 °. The conclusion of the study was that using the Independent t test there were significant differences in the height of the mandibular condyle and the shape of the articular eminence but there was no significant difference in the width of the mandibular condyle with and without clicking using TMJ radiographs.

A GEOMETRIC MORPHOMETRIC APPROACH TO THE ANALYSIS OF THE SHAPE VARIABILITY OF THE HAPTORAL ATTACHMENT STRUCTURES OF LIGOPHORUS SPECIES (PLATYHELMINTHES: MONOGENEA)

The taxonomy of Ligophorus Euzet & Suriano, 1977, like the most of monopisthocotylean monogeneans, relies heavily on the morphology of sclerites of the posterior attachment organ (haptor). Geometric morphometric approach is used to analyse variability and compare the shapes of haptoral structures of these monogeneans. We outline the shapes of the sclerities by cubic Bezier curves and store results in SVG files. Every SVG outline is reduced to a set of harmonics of Elliptic Fourier transform using ElFourier program. Harmonics are the sequence of unique numbers that describe the shape of structures and are invariant to their sizes, rotation, and orientation. They allow reconstructing source outline images, finding their average form, analyzing variability and comparing shapes in combination with other numerical data like dimensions. We use that approach to investigate intra- and interspecific variability of 400 haptoral structures of seven representatives of Ligophorus, parasitising four mullet species from the Black Sea, and to discriminate these monogeneans. This method is perspective for the creation of semiautomatic key for identification of helminthes, which are mainly distinguished by the shape and dimensions of the attachment organs. The obtained results and method prospects are discussed.

Capital Structure in Start-up Firms in the Conditions of the Czech Economy

The aim of this article is to characterise the form of capital structures in start-up companies in the Czech economy and to identify what determines them. The choice of theme for this research was motivated by the important role that start-up companies have played in the development of economies especially in its contribution to employment, while having a low empirical understanding of the structure of capital resources of the firms. In this contribution, we have managed to identify the average form of the capital structures of start-up companies in the Czech economy. Moreover, they were in keeping with the Trade-Off Theory of Capital Structure testing the factors determining the composition of the capital resources of the firms. However it was only possible to empirically support the conclusions in part.

Terminal Falling Characteristics of a Sand Grain with Dufour and Soret Effects

The transient effect of double diffusive natural convection of flow in a differentially heated sand grain with Soret and Dufour coefficients is studied numerically. The right vertical wall has constant temperature Tc. The lower inlet opening is heated uniformly with fixed temperature Th and the velocity at the inlet of the fluid domain is set to the falling velocity Vi. The condition Th > Tc is maintained all over the domain. The concentration in right wall is maintained higher than inlet opening (Cc < Ch). The governing equations are solved numerically subject to appropriate boundary conditions by a penalty finite-element method. Solutions are obtained for fixed Prandtl number (Pr = 1.73), Rayleigh number (Ra = 104), Dufour coefficient (Df = 0.5) and Soret coefficient (Sr = 0.5). Transient analysis of the streamlines, isotherms, iso-concentration, falling velocity and forces on sand grain, the local and average Nusselt number and Sherwood number, temperature and concentration at subdomain centre as well as average form, subdomain horizontal and vertical velocities are presented graphically. It is found that the rate of heat transfer and mass transfer in the sand grain enhances and reduces respectively for shorter time periods and then they become almost steady.© 2013 JSR Publications. ISSN: 2070-0237 (Print); 2070-0245 (Online). All rights reserved.doi: http://dx.doi.org/10.3329/jsr.v5i1.10003 J. Sci. Res. 5 (1), 91-103 (2013)

A NOTE ON PRIMES IN SHORT INTERVALS

Montgomery and Soundararajan obtained evidence for the Gaussian distribution of primes in short intervals assuming a quantitative Hardy–Littlewood conjecture. In this article, we show that their methods may be modified and an average form of the Hardy–Littlewood conjecture suffices.

Modulus of elasticity and tensile strength of Douglas-fir roots

The modulus of elasticity and the tensile strength were determined for a sample of live Douglas-fir (Pseudotsugamenziesii (Mirb.) Franco) roots collected in the Oregon Coast Range. Most of the roots displayed both a "form" modulus of elasticity and a "material" modulus of elasticity. The form modulus occurred as a tortuous root straightened out, whereas the material modulus developed following this initial straightening as the wood fibers within the root directly resisted elongation. The average form and material moduli of elasticity were, respectively, 185 and 503 MPa, whereas the average tensile strength was 17 MPa.

Volume par unité de surface terrière, comme moyen d'évaluer la productivité de stations et la production des plantations d'épinette blanche au Québec

This paper presents a method of evaluating site productivity by volume per square foot of basal area, comparing it with the method of dominant height. Based on this method, this study also offers tables for estimating the production of plantations in relation to the average height, the average form quotient, and to the average basal area of the stand. Moreover, this study gives practical instructions about several factors influencing growth and yield of white spruce (Piceaglauca, Moench.) plantations in the province of Quebec.