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  1. Last 7 days
    1. Amazing how Nixon & Reagan begun the War on Drugs to actually taret hippies (Peace movement) & niggers (Civil rights movements).

  2. Nov 2022
  3. Local file Local file
    1. . Η αποχήτων βενιζελικών από τις εκλογές παρέπεμπε σε θεμελιώδη πολιτική ανωμαλία και δενπροδίκαζε ομαλές πολιτικές εξελίξεις. Αξίζει να σημειωθεί ότι τούτο είναι εγγεγραμμέ-νο στη θεσμική μνήμη και του σημερινού πολιτεύματος της χώρας. Το Σύνταγμα του1975 απαγορεύει την πρόωρη διάλυση της Βουλής για τον ίδιο λόγο μέσα σε ένα έτος.Ο συντάκτης του Συντάγματος, Κωνσταντίνος Τσάτσος, παλαιός βενιζελικός, σημείωσερητά ότι τούτο οφειλόταν στην ανάγκη να αποφευχθεί μια επανάληψη των γεγονότωνπου επέφεραν τον Εθνικό Διχασμό.

      Αντισυνταγματικότητα και συσχετιση με Συνταγμα 1974

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    1. ΙτΕΕ ΙΕ' σελ.33: * Παρὰ τὶς αὐθαιρεσίες τῶν Συμμάχων, παραμένει γεγονός, όπως θὰ δειχθεῖ ἀργότερα, ὅτι καὶ ὁ βασιλιὰς καὶ τὸ Γενικὸ Επιτελεῖο ἦταν ἀποφασισμένοι νὰ ὑπονομεύσουν τὶς συµµα- χικὲς δυνάµεις τῆς Θεσσαλονίκης, καὶ εἶχαν ἀρχίσει να θεωροῦν μιὰ γερμανικἡ εἰσβολὴ στὴν Ἑλλάδα ἀπελευθερωτικὴ ἐνέργεια. * Όπως ἦταν ἑπόμενο, οἱ ἑλληνοσυμμαχικὲς σχέσεις [μετά τις Εκογές του Δεκεμβρίου] χει- ροτέρεψαν μὲ γοργό ρυθµό, φτάνοντας, στὶς ἀρχές Φεβρουα- ρίου, σὲ σημεῖο ἀνοικτῆς ρήξεως, κυρίως ἑξαιτίας τῆς αὐθαί- ρετης τακτικῆς τῶν γαλλικῶν ἀρχῶν στὴν Ἑλλάδα. Τὸ κυριό- τερο ὅμως γεγονός, ποὺ τὴν προκάλεσε, ἦταν ἢ κατάληψη τῆς Κέρκυρας ἀπὸ τοὺς Συμμάχους στὶς 28 Δεκεμβρίου/10 Ἰανουαρίου, μὲ σκοπὸ τὴ συγκέντρωση καὶ ἀναδιοργάνωση τῶν καταλοΐπων τοῦ σερβικοῦ στρατοῦ, προκειµένου νά τα χρησιμοποιήσουν ἀργότερα στὴ Μακεδονία. * Στὸ ἑξῆς ἡ χώρα θὰ κυβερνιόταν οὐσιαστικὰ ἀπὸ τὸ βασιλιὰ καὶ τοὺς ἄμεσους συμβούλους του.

    2. ΙτΕΕ ΙΕ' σελ.28 για τη συνταγματικές προεκτάσεις του ΕΔ: Ὁ βασιλιὰς θεώ- ρῃσε τὶς διαβεβαιώσεις τῆς Γερμανίας ἁσαφεῖς, ἰδιαίτερα στὸ θέµα τῶν ἐγγυήσεων, ἀλλὰ ἧταν πλέον ἱκανοποιημένος καὶ ὑποσχέθηκε τὴν οὐδετερότητα τῆς Ἑλλάδος χωρὶς τὴν ἑνη- µέρωση ἢ τὴν ἔγκριση τῆς κυβερνήσεως, πράξη καθαρὰ ἀντι- συνταγματική.

    3. ΙτΕΕ ΙΕ' σελ.30 για την αντισυνταγματικότητα του Βασιλια:

      Ὁ ἀντισυνταγματικὸς τρόπος ἀποπομπῆς τοῦ Βενιζέλου ἀπὸ τὸν Κωνσταντῖνο καὶ ἡ διάλυση τῆς Βουλῆς, δύο φορὲς µέσα σὲ λίγους μῆνες, ὑπῆρξε ἀντικείμενο διαμάχης. Ἡ ἔπα- νάληψη ἐδῶ τῶν νομικιστικῶν ἐπιχειρημάτων δὲ θὰ συνέβαλε στὴ διαλεύκανση τοῦ θέµατος. Οἱ ὑποστηρικτὲς τοῦ Κωνσταντί- νου ἐπέμεναν ὅτι, σύμφωνα μὲ τὰ ἄρθρα 31 καὶ 37 τοῦ Συντά- γματος, τὸ δικαίωμά του νὰ διορίξει καὶ νὰ παύει ὑπουργοὺς καὶ νἁ διαλύει τὴ Βουλὴ ἦταν ἀπεριόριστο. Παρόλα αὐτά, ὅμως, μιὰ συγκριτικἠ µελέτη ὅλων τῶν ἄρθρων, ποὺ ἀναφέ- ρονται στὰ δικαιώµατα τοῦ θρόνου, ἀνασκευάζουν τὸ ἐπιχεί- ρηµα αὐτό. 'Ἡ ἀλήθεια βέβαια εἶναι ὅτι στὸ παρελθὸν ὁ βασιλιὰς τῆς "Ελλάδος, ἀλλὰ καὶ τῶν ἄλλων Βαλκανικῶν χωρῶν, εἶχε σηµαντικἡ καί, συχνά, ἀποφασιστικὴ ἐπίδραση στὸ θέµα τῆς ἐξωτερικῆς πολιτικῆς, ἀλλά ἡ προσπάθεια τοῦ Κωνσταντίνου νὰ ἐπιβάλει τὴν κυριαρχία τοῦ θρόνου καὶ ἡ προκλητική του συμπεριφορὰ ἀπέναντι στὴν καθιερωμένη κοινοβουλευτικἡ διαδικασία ἦταν καθαρῇ παράβαση καὶ τοῦ Συντάγματος καὶ μιᾶς μακροχρόνιας κοινοβουλευτικῆς πρα- κτικῆς. Σὲ τελευταία ἀνάλυση, τὸ ὅλο πρόβλημα ἔγκειται στὸ ἂν δέχεται κανένας τὴν ἀρχὴ τῆς κυριαρχίας τοῦ λαοῦ ἢ τῆς μοναρχικῆς ἀπολυταρχίας. ᾽Ανεξάρτητα, ὅμως, ἀπὸ τὰ προβλή- µατα ἑρμηνείας, ὅπως ἤδη ἀναφέρθηκε, ὁ Κωνσταντῖνος εἶχε σχεδιάσει τὴν ἀποπομπὴ τοῦ Βενιζέλου καὶ τὴ διάλυση τῆς Βουλῆς, πρὶν αὐτὴ ἀκόμη συνέλθει. Οἱ µηχανορραφίες του καὶ στὰ ἐξωτερικὰ καὶ στὰ ἐσωτερικὰ ζητήματα ἦταν καθαρὰ ἀντισυνταγματικές.

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    1. Μπορεί η δημοκρατική αρχή και η αρχή της δεδηλωμένης να είχαν κατοχυρωθεί από το 1864 και το 1875 αντίστοιχα και το Σύνταγμα του 1911 να κατοχύρωνε όχι μόνο μια σειρά από ατομικά δικαιώματα αλλά και το κυριότερο μέσο προστασίας τους (την προσωπική και λειτουργική ανεξαρτησία των δικαστικών λειτουργών), ωστόσο η Βουλή διαλυόταν επανειλημμένως προκειμένου να παρακαμφθεί η λαϊκή ετυμηγορία, ο Βασιλιάς υπερέβαινε τις αρμοδιότητές του παραβιάζοντας την αρχή της δεδηλωμένης και διεκδικώντας τον πρώτο λόγο σε θέματα εξωτερικής πολιτικής

      Ο βασιλιας παραβιαζε επανειλλημενως και την Δημοκρατική Αρχη & της Δεδηλωμενης.

    2. Τα γεγονότα του 1915 με τη διπλή διάλυση της Βουλής επηρέασαν τη διαμόρφωση και του ισχύοντος συνταγματικού δικαίου: Σύμφωνα με το άρθρο 41 παρ. 2 του Συντάγματός μας ναι μεν η Βουλή μπορεί να διαλυθεί προώρως «για ανανέωση της λαϊκής εντολής προκειμένου να αντιμετωπιστεί εθνικό θέμα εξαιρετικής σημασίας», πλην όμως αποκλείεται η διάλυση της νέας Βουλής «για το ίδιο θέμα». Εξάλλου, η παράγραφος 4 του ίδιου άρθρου ορίζει ότι, πλην εξαιρετικών περιπτώσεων (μη δυνατότητα σχηματισμού Κυβέρνησης που να απολαμβάνει την εμπιστοσύνη της Βουλής και έλλειψη κυβερνητικής σταθερότητας), η «Βουλή που εκλέχτηκε μετά τη διάλυση της προηγούμενης δεν μπορεί να διαλυθεί πριν περάσει ένα έτος αφότου άρχισε τις εργασίες». Πρόκειται για συνταγματικές ρυθμίσεις, οι ρίζες των οποίων ανάγονται στα γεγονότα του 1915.

      Για την σχεση του μοντερνου Συνταγματος 1974 με τη διπλή αποπομπή του Βενιζέλου στον Εθνικο Διχασμό.

    3. Η απάντηση στο ερώτημα αυτό δεν μπορούσε παρά να είναι αρνητική: Παρά το γεγονός ότι το Σύνταγμα του 1911 δεν περιείχε κάποιο ρητό περιορισμό στην αρμοδιότητα του Βασιλιά για διάλυση της Βουλής, σε ένα δημοκρατικό πολίτευμα η Βουλή διαλύεται προκειμένου να εκφρασθεί ο λαός και όχι προκειμένου να ακυρωθεί η πρόσφατη ετυμηγορία του. Με άλλες λέξεις, ο Ανώτατος Άρχων δεν μπορούσε να διαλύει συνεχώς τη Βουλή, έως ότου πετύχει την επιθυμητή κοινοβουλευτική σύνθεση που θα συμπορευόταν με τις δικές του απόψεις. Οι συνέπειες της διπλής διάλυσης της Βουλής το 1915 δεν περιορίζονται χρονικά μέχρι το 1917, όταν την εξουσία καταλαμβάνουν οι βενιζελικοί και καταργούν τη δεύτερη χρονικά Βουλή (που προήλθε από τις εκλογές του Δεκεμβρίου του 1915) για να επαναφέρουν τη Βουλή που προήλθε από τις εκλογές του Μαΐου του 1915 (την επονομαζόμενη και «Βουλή των Λαζάρων»).

      Για το αν η μη ρητη συνταγματική ρυθμιση της Δεδηλωμενης επηρέασε τον ΕΔ.

  4. Oct 2022
    1. nistration of Justice (Scotland) Act 1972. This made provision on the Courtof Session and the Sheriff Court being able to order the recovery of documents whichare relevant to an existing case or a likely forthcoming case. The 1972 Act waswithout prejudice to the existing powers of the Court of Session and the Sheriff Courtin this area.

      The Law can be used to get court document from a person - i.e recover documents [[Administration of Justice (Scotland) Act 1972]]

    1. academic law libraries pool resources, through a consortium, to create a centralizedcollection of legal materials, including copyrighted materials, and to digitize thosematerials for easy, cost-effective access by all consortium members. For the sake ofexpediency, this proposal will be referred to here as TALLO (Taking Academic LawLibraries Online) and the proposed consortium as the TALLO consortium.

      Coining "TALLO" (Taking Academic Law

      Libraries Online)

      The [[Controlled Digital Lending]] theory was first proposed as a way for academic law libraries to form a consortium to share the expense of collection-building.

    1. Earlier this year, Police Commissioner James O'Neill admitted that a "theft of services" arrest (the legal code name for turnstile jumping) could in fact lead to an immigrant getting deported. And earlier this month, a series of bills the City Council passed last year encouraging the use of civil summonses instead of arrests for quality of life crimes like public drinking, public urination and littering went into effect.

      Excusing criminality in a matter of deference to foreign nationals who are unlawfully present in the United States is perverse. The immigration laws have many provisions by design to ensure that foreign nationals who violate the laws of the United States in certain ways are not allowed to remain and harm the safety of Americans.

    2. The change in how turnstile jumping will be prosecuted comes at a time when the city's reliance on Broken Windows policing is under fire because of its impact on New York's low-income non-white community

      Crime has a significant effect on the entire New York City community, but especially on the low income community. Many NYC officials prioritize minimizing the effect of the law on criminals over minimizing the effect of criminals on law-abiding citizens.

    3. Vance announced in a press release this morning that his office "will no longer prosecute the overwhelming majority of individuals charged with Theft of Services for subway-related offenses, unless there is a demonstrated public safety reason to do so," starting in September of this year.

      DA Vance ignoring the possibility that people who engage in theft of public services are more likely to present a risk to public safety than those who do not.

    1. Currently, most theft-of-service cases are handled with summonses and rarely reach prosecution, according to a spokesman for the Brooklyn District Attorney’s Office. Manhattan District Attorney Alvin Bragg does not prosecute fare beaters, according to a spokesman for his office.

      DA Alvin Bragg continuing Cyrus Vance's policy of declining to enforce theft of public services law.

    2. “We have seen over a 55% increase of assaults on officers this year,” NYPD Transit Chief Jason Wilcox said. “The majority of these assaults began as they were engaging persons who have committed fare evasion or other quality of life violations on the trains and stations.”

      Violent incidents wherein officers are attacked trying to issue summonses to criminals engaging in turnstile jumping.

    3. NYPD enforcement is also up. Police have issued 45, 667 summonses for fare beating this year, up from 36,669 in 2021, according to an NYPD spokesperson. Other transit crimes that have been a growing issue are grand larceny, robbery, and felony assault, according to Comp Stat figures.

      Increase in summonses for fare evasion in 2022 over 2021.

    1. Fortunately, there are other ways to protect the transit system’s revenue stream and promote orderly conduct without jeopardizing the personal liberty of riders. In Washington, D.C., the city council voted to decriminalize fare evasion, overriding the mayor’s veto.

      Unclear why Washington DC, which is one of the highest crime jurisdictions in the United States and has serious financial issues, is a model to follow.

    2. The crackdown should concern New Yorkers, because fare evasion enforcement is highly disproportionate. According to the most recent NYPD data, 92% of the 481 fare evasion arrests in the fourth quarter of 2019 were of non-white riders; 60% were black. Data like that led New York Attorney General Letitia James to announce a probe of racial disparities in fare evasion stops.

      There's an unexplained assumption that people NYC-wide crime statistics should mirror population statistics. This is not the case with many crimes where enforcement disparities would have no effect, homicides being one example.

    1. Finally, non-citizens can face potential immigration-related issues as a result of this otherwise-minor charge. Though immigration questions relating to criminal arrests and convictions are very complicated, the Immigration and Naturalization Act does plainly make a non-citizen deportable for a conviction of a crime involving moral turpitude. Moreover, theft of services (Penal Law 165.15) is probably a crime involving moral turpitude, meaning that a non-citizen could conceivably be deported or denied entry back into the United States for a conviction of this charge.

      Immigration consequences of fare beating. With that being said, there is no precedent decision on whether theft of public services under NYPL 165.15(3) is a categorical CIMT, and both Second and Third Circuit left the matter unresolved in non-precedent decisions. BIA has found in at least two non-precedent decisions that it is a CIMT. Does not appear to come up often in the context of removal charges.

    2. The charge for jumping a subway turnstile is Theft of Services, a violation of New York Penal Section 165.15, a Class A misdemeanor punishable by up to one year in jail.

      Theft of public services statute - amenable to fare beating.

    1. With intent to obtain railroad, subway, bus, air, taxi or any other public transportation service without payment of the lawful charge therefor, or to avoid payment of the lawful charge for such transportation service which has been rendered to him, he obtains or attempts to obtain such service or avoids or attempts to avoid payment therefor by force, intimidation, stealth, deception or mechanical tampering, or by unjustifiable failure or refusal to pay

      Theft of services statute which covers fare-beating.

    1. By the end of the day, Gov. Andrew M. Cuomo weighed in with a statement urging “all parties” to find “balance” — but declining to take a side.

      Former Governor Cuomo, who went on to sign the bail reform law, refusing to support Mayor de Blasio on the importance of policing fare evasion in 2018.

    2. “The New York miracle, if you will, began with fare evasion — fare evasion enforcement on the subway 25 years ago,” Mr. Bratton said in February 2014, when he was newly appointed by Mr. de Blasio as commissioner. “We’re still at it.”

      Former NYPD Commissioner Bill Bratton on the significance of policing fare evasion to New York City's revival in the 1990s.

    3. Mr. de Blasio, a champion of improving the lot of poor New Yorkers, has adamantly defended the police practice of using evasion of the $2.75 fare as a means for officers to check the names and warrants of those they stop, most of whom are black or Hispanic.He has been unpersuaded by critics on the left who believe the approach — pioneered in the 1990s by William J. Bratton, Mr. de Blasio’s first police commissioner — is a form of biased and overly aggressive policing akin to stop-and-frisk. And he does not think most are motivated by poverty.“A lot of people who commit fare evasion and the police encounter have a lot of money on them,” Mr. de Blasio said during a news conference at Police Headquarters on Tuesday. “I think I have a lot of validity on the question of income inequality and how we fight it, but you never heard me say, you know, open up the gates of the subway for free. That’s chaos.”

      Former Mayor de Blasio making a terrific point about the importance of policing fare evasion, an issue he understood despite not always acting in accordance with his correct statements.

    1. nd another population that both our mayor and governor have spoken passionately about protecting would stand to suffer greatly as a result of a new enforcement policy: immigrants. Immigrants who have even minor contact with the criminal justice system face far more drastic consequences. Under the Trump administration, an arrest for jumping a turnstile or even a criminal summons could result in deportation, family separation, and destroyed lives.

      If a foreign national who is in the United States without legal authorization does something stupid and is required to appear in Court as a result, he or she may be more likely to come to the attention of immigration authorities. As an initial matter, the solution is to not violate the immigration laws of the United States. However, if one chooses to violate the immigration laws, he or she ought to avoid doing things like jumping turnstyles. Many Americans likely avoid taking certain liberties that they do in the United States when they are traveling in foreign countries.

    2. Poor black and brown people should not take the fall for the sins of politicians who have allowed the MTA to become a laughing stock. Arrests won’t solve the MTA’s problems, but they could devastate New Yorkers.

      It is unclear to me how the MTA's own incompetence exonerates people from stealing public services. I am confident that fare beaters, black, brown, white, or anything else, are stealing public services because the MTA is a train-wreck. Both issues contribute to the current mess in the NYC Subway system, but they are not otherwise related.

    3. Years of grappling with the ripple effects of Broken Windows policing have shown us that arrests are not the way to deal with minor offenses, like riding your bike on the sidewalk, having an open container of alcohol, smoking marijuana, or jumping a turnstile. An uptick in enforcement would reverse the recent positive trend of fewer fare evasion arrests. Through October, police have made 5,236 arrests for fare evasion. That is still 5,236 arrests too many, but it represents a 66 percent drop compared to the same period last year.

      Not prosecuting crimes is a positive trend, apparently. This disregards how NYC transformed itself in the 90s and 00s under the leadership of Mayors Giuliani and Bloomberg, and how that success was maintained at least when former Mayor de Blasio wisely chose William Bratton as NYPD Commissioner.

    4. An analysis of New York Division of Criminal Justice Services data from the last four years by the Marshall Project shows that nearly 90 percent of people arrested for turnstile jumping were black or Hispanic. Given the NYPD’s history of targeting people of color for arrests and summonses for low-level offenses, let’s call the new proposal to crack down on fare evasion what it is: a plan that would funnel thousands more black and brown New Yorkers into the criminal justice system, and to scapegoat people of color for the decades of underfunding and mismanagement that are responsible for the MTA’s current problems.

      This must be it. There are no alternative explanations such as the possibility that certain crimes may be disproportionately committed by people who share one characteristic and not another (see NYC homicide statistics). Moreover, it is unclear to me why the writer is lumping "black and Hispanic" people together since, if this is purely a race-based claim against the NYPD, there may be different statistics for these two very broad groups.

    5. Police resources must be spent on working with the community and identifying the types of behaviors that cause the most harm—not physically harmless fare evasion.

      This disregards the fact that there is a high correlation between "behaviors that cause the most harm" and "fare evasion," lest the author would suggest that of people who commit crimes on transit, a meaningful number of them pay the fare.

    6. The MTA and NYPD pledged last week to crack down on fare evaders. The MTA’s plan is to send agency executives and NYPD officers to subway stations and bus stops across the city. The executives will stand at subway turnstiles and on busses to create body blockades to bar anyone trying to get in without a Metrocard. More armed police officers at subway stations make an already harrowing commute for New Yorkers even more intolerable, and for many, will serve to add unnecessary fear into the way they start or end their day.

      I will venture that most New Yorkers are more concerned about lawless behavior on subways than by the presence of uniformed police.

    1. “If we start saying it’s alright for you to jump the turnstile, we are creating an environment where any and everything goes,” the mayor warned. “It’s a crime. Now, you could defer prosecution, you could people in programs, you could do all sorts of things, but let’s not ignore it, and that’s what’s happening to our subway system.”

      Mayor Adams was correct to the extent that he noted that turnstyle jumping is a crime and should not be permitted - however, he has not used all of tools at his disposal to police the Subways against the opposition of the District Attorneys.

    1. At least fifty-six New Yorkers have been pushed onto subway tracks over the past two years. Subway crimes have more than doubled, so far, this year, compared with the same time last year. According to MTA board member Andrew Albert, another major issue is turnstile jumping. 99.99% of people that are committing crimes in the subways did not pay their fare. If we can stop that at the turnstiles, we've not only helped the MTA bottom line, but we've stopped crime in its tracks.

      This is a very important point. Policing fare evasion is not only a financial issue or a fairness question, it is a matter of public safety. It is true that not every person who engages in theft of public services is violent, but as Andrew Albert notes, violent felons are overwhelmingly likely to not pay MTA fares.

    1. Now, though, Vance’s office is voicing its displeasure with the fact that the NYPD has continued to arrest turnstile-jumpers. But how can Vance deter people from farebeating through diversion or dropped charges, and see if this approach yields better results for everyone—particularly the public—if police never arrest fare evaders in the first place?

      This is a very interesting passage. It highlights that the NYPD is free to enforce the law and make arrests notwithstanding the efforts of District Attorneys to rewrite the law through the refusal to prosecute laws that they do not like. Former DA Vance's "displeasure" highlights that the NYPD and Mayor are not helpless - and that they can put pressure on lawless District Attorneys by continuing to enforce the law. The refusal of the Mayor and the NYPD leadership to use the tools in their toolbox has been a driving force in the increase in fare-beating.

    2. Deterring people from stealing from the MTA keeps mass transit safe and improves the lives of everyone who rides.

      Well said.

    3. The DA’s reasoning is that this misdemeanor charge—called theft of services for transit—can carry a punishment of up to a year in jail. The misdemeanor conviction, so the argument goes, victimizes otherwise law-abiding people too poor to afford the subway fare, burdening them with a criminal record as they seek employment or housing.

      Theft of public services, like other kinds of theft, does have the potential to "burden" offenders with a criminal record.

    1. In my mind, there are three prerequisites to shift the Hoverton window. First, the speaker must have sufficient intellectual gravitas. Specifically, he must be able to generate a novel idea, that departs sufficiently from conventional wisdom, but also anticipates and preempts the most likely response. He must also have a reputation which warrants his ideas being taken seriously. Second, the speaker must have secure tenure-in-office. To challenge the status quo, you need decisional independence. No one can override your position, or worse, tell you to stand down after an uproar emerges. (Tenured academics and Article III judges are among the few people who fit in this category.) Third, the speaker must have courage. You must be willing to publicly articulate your principle, knowing full well that you will be savagely attacked from all corners. (Very few academics and Article III judges fit in this category.)

      Criteria for being well-positioned to advance an idea that is an affront to elite legal sensibilities:

      1. "Speaker must have intellectual gravitas"
      2. Speaker must have sufficient reputation for his or her ideas to be taken seriously
      3. Speaker must have independence to stand by idea when he or she receives criticism

      Very interesting perspective. In the specific context of changing policies at law schools, the argument is well-reasoned. The premises have been considered in the broader debate about the limitations of populism in effecting changes in culture and policies (see e.g., Curtis Yarvin's You Can Only Lose the Culture War vs Jeremy Carl's response).

  5. Sep 2022
    1. Can copyright vest in an AI? The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.

      Can copyright vest in an AI?

      The primary objective of intellectual property law is to protect the rights of the creators of intellectual property.10 Copyright laws specifically aim to: (i) promote creativity and encourage authors, composers, artists and designers to create original works by affording them the exclusive right to exploit such work for monetary gain for a limited period; and (ii) protect the creators of the original works from unauthorised reproduction or exploitation of those works.

    1. To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.

      To my knowledge, conferring copyright in works generated by artificial intelligence has never been specifically prohibited. However, there are indications that the laws of many countries are not amenable to non-human copyright. In the United States, for example, the Copyright Office has declared that it will “register an original work of authorship, provided that the work was created by a human being.” This stance flows from case law (e.g. Feist Publications v Rural Telephone Service Company, Inc. 499 U.S. 340 (1991)) which specifies that copyright law only protects “the fruits of intellectual labor” that “are founded in the creative powers of the mind.” Similarly, in a recent Australian case (Acohs Pty Ltd v Ucorp Pty Ltd), a court declared that a work generated with the intervention of a computer could not be protected by copyright because it was not produced by a human.

    1. With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.

      With the advent of AI software, computers — not monkeys — will potentially create millions of original works that may then be protected by copyright, under current law, for more than 100 years.

    1. Running this simulation over many time steps, Lilian Weng of OSoMe found that as agents' attention became increasingly limited, the propagation of memes came to reflect the power-law distribution of actual social media: the probability that a meme would be shared a given number of times was roughly an inverse power of that number. For example, the likelihood of a meme being shared three times was approximately nine times less than that of its being shared once.
    1. Integrative Lawyers are reflective.Integrative Lawyers are values and purpose-based.Integrative Lawyers are system and design thinkers.Integrative Lawyers are harbingers of evolutionary consciousness.

      !- values : integrative lawyer - design contracts for regular people, not lawyers

  6. www.justine-haupt.com www.justine-haupt.com
    1. We need police.

      We need security, but they do a terrible job of providing it.

      We also need to be free of a lot of things they always do: https://www.youtube.com/watch?v=rTOP-twoWj0

      So maybe we need the good things police do (that all people may do) without the bad things they do, like murdering people without accountability and enforcing dumb laws (because it's easier than catching murderers).

    1. copyright laws (the Dwarfelles are used as substitutes for the original Dwarfs, since Disney owns the Dwarf characters, and this is not a Disney film).
  7. Aug 2022
    1. Zeynep's law: Until there is substantial and repeated evidence otherwise, assume counterintuitive findings to be false, and second-order effects to be dwarfed by first-order ones in magnitude.
    1. There is nothing at all absurd in theconclusion. It seems to me quite possible that at that particular moment in thedevelopment of Western thought there was the possibility for the birth of a sci-ence of psychology of a sort that still does not exist, a psychology that beginswith the problem of characterizing various systems of human knowledge andbelief, the concepts in terms of which they are organized and the principles thatunderlie them, and that only then turns to the study of how these systems mighthave developed through some combination of innate structure and organism –environment interaction. Such a psychology would contrast rather sharply withthe approach to human intelligence that begins by postulating, on a priorigrounds, certain specific mechanisms that, it is claimed, must be those underly-ing the acquisition of all knowledge and belief. The distinction is one to whichI will return in a subsequent lecture.

      a building block approach?

      Gall's law

    Tags

    Annotators

    1. "It's difficult because we can't tell people exactly what's allowed and not allowed," said Chris Castelli, a manager for the Department of State Lands. "It's even tougher for law enforcement that gets called out to very heated disputes and doesn't have strict laws they can apply." 
    1. The extent of public use varies, with Montana affording the greatest access. Rafters can float and fishermen can wade in rivers that flow through private land so long as they enter from public property. They can even leave the river and walk up to the high-water mark.
  8. Jul 2022
    1. ; until, in 1907, eachclass had come to be dealt with according to principles which wereobviously very different from those of 1834. The report of this investi¬gation was presented to the Poor Law Commission, with the interest¬ing result that we heard no more of the “ principles of 1834 ”! It wassubsequently published as English Poor Law Policy (1910).

      Beatrice Webb studied the effects of the British "principles of 1834" and how they were carried out (differently) from area to area to see the overall effects through 1907. The result of her study apparently showed what a poor policy it had been to the point that no one mentioned the old "principles of 1834" again.

      How might this sort of sociological study be carried out on the effects of laws within the United States now in terms of economics and equality for various movements like redlining, abortion, etc.? Is anyone doing this sort of work?


      There is an example of the Eviction Lab at Princeton has some of this sort of data and analysis. https://evictionlab.org/map

    1. Harold Jarche looked at his most visited blog postings over the years, and concludes his blog conforms to Sturgeon’s Revelation that 90% of everything is crap. I recognise much of what Harold writes. I suspect this is also what feeds impostor syndrome. You see the very mixed bag of results from your own efforts, and how most of it is ‘crap’. The few ‘hits’ for which you get positive feedback are then either ‘luck’ or should be normal, not sparse. Others of course forget most if not all of your less stellar products and remember mostly the ones that stood out. Only you are in a position to compare what others respond to with your internal perspective.

      The cumulative effect of one's perception of Sturgeon's law may be a driving force underlying imposter syndrome.

      While one see's the entirety of their own creation process and realizes that only a small fraction of it is truly useful, it's much harder seeing only the finished product of others. The impression one is left with by availability heuristic is that there are thousands of geniuses in the world with excellent, refined products or ideas while one's own contribution is miniscule in comparison.


      Contrast this with Matt Ridley's broad perspective in The Rational Optimist which shows the power of cumulative breeding and evolution of ideas. One person can make their own stone hand axe, but no one person can make their own toaster oven or computer mouse alone.

      Link to: - lone genius myth (eg. Einstein's special relativity did not spring fully formed from the head of Zeus, there was a long train of work and thought which we don't see the context of)

    1. Under this test, a transaction is deemed an investment contract if a person,

      Howey Test for determining if something is a security

      "Invest his money in a common enterprise "and is led to expect profits solely from the efforts "of the promoter or a third party."

  9. Jun 2022
    1. Data protection authorities have found that the U.S. legal system does not guarantee the same standards of protection as the EU. The situation stems from a set of U.S. laws that allow government organizations to request access to consumers’ personal data from US-based services, regardless of where the data centers or servers are located. In light of this, NOYB filed 101 complaints with European DPAs to find that transferring European users’ data to the U.S. was unlawful. The decisions, which have noted the illegitimacy of the transfers, focus on the analysis of additional technical, contractual and organizational measures.
    1. I used to tell students (including PhD students) that 90% of what they will write will not be any good. But the only way they will get to the 10% that is good is by writing the 90% that isn't. So, they'd better start writing now! ;-)
    2. This can also be considered The Iceberg Principle. The 10% (really 9%) you do see is only visible because of the 90% (really 91%) you don't see. Without that 90% you don't get the 10%.

      Often you may need to dig below the surface of something to find it's real value.

      This is related to quotes about being able to find something interesting, redeeming, valuable about bad books as well as being able to learn from the fool.

    3. "Sturgeon's Law". According to those who were there, Theodore Sturgeon the SF author made this comment at a convention in 1953. it is that:90% of everything is crud, and it's the 10% that isn't crud that is important.

      I've also heard a version of this that relates to only 1% of what's in the Library of Congress being widely known or read.

      Related to: - Pareto principle - iceberg principle

    1. Das gerichtliche Aktenzeichen dient der Kennzeichnung eines Dokuments und geht auf die Aktenordnung (AktO) vom 28. November 1934 und ihre Vorgänger zurück.[4]

      The court file number is used to identify a document and goes back to the file regulations (AktO) of November 28, 1934 and its predecessors.

      The German "file number" (aktenzeichen) is a unique identification of a file, commonly used in their court system and predecessors as well as file numbers in public administration since at least 1934.

      Niklas Luhmann studied law at the University of Freiburg from 1946 to 1949, when he obtained a law degree, before beginning a career in Lüneburg's public administration where he stayed in civil service until 1962. Given this fact, it's very likely that Luhmann had in-depth experience with these sorts of file numbers as location identifiers for files and documents.

      We know these numbering methods in public administration date back to as early as Vienna, Austria in the 1770s.


      The missing piece now is who/where did Luhmann learn his note taking and excerpting practice from? Alberto Cevolini argues that Niklas Luhmann was unaware of the prior tradition of excerpting, though note taking on index cards or slips had been commonplace in academic circles for quite some time and would have been reasonably commonplace during his student years.

      Are there handbooks, guides, or manuals in the early 1900's that detail these sorts of note taking practices?

      Perhaps something along the lines of Antonin Sertillanges’ book The Intellectual Life (1921) or Paul Chavigny's Organisation du travail intellectuel: recettes pratiques à l’usage des étudiants de toutes les facultés et de tous les travailleurs (in French) (Delagrave, 1918)?

      Further recall that Bruno Winck has linked some of the note taking using index cards to legal studies to Roland Claude's 1961 text:

      I checked Chavigny’s book on the BNF site. He insists on the use of index cards (‘fiches’), how to index them, one idea per card but not how to connect between the cards and allow navigation between them.

      Mind that it’s written in 1919, in Strasbourg (my hometown) just one year after it returned to France. So between students who used this book and Luhmann in Freiburg it’s not far away. My mother taught me how to use cards for my studies back in 1977, I still have the book where she learn the method, as Law student in Strasbourg “Comment se documenter”, by Roland Claude, 1961. Page 25 describes a way to build secondary index to receive all cards relatives to a topic by their number. Still Luhmann system seems easier to maintain but very near.


      <small><cite class='h-cite via'> <span class='p-author h-card'> Scott P. Scheper </span> in Scott P. Scheper on Twitter: "The origins of the Zettelkasten's numeric-alpha card addresses seem to derive from Niklas Luhmann's early work as a legal clerk. The filing scheme used is called "Aktenzeichen" - See https://t.co/4mQklgSG5u. cc @ChrisAldrich" / Twitter (<time class='dt-published'>06/28/2022 11:29:18</time>)</cite></small>


      Link to: - https://hypothes.is/a/Jlnn3IfSEey_-3uboxHsOA - https://hypothes.is/a/4jtT0FqsEeyXFzP-AuDIAA

    1. Unsurprisingly, each system often tries to prevent the princi-ples it holds dear from being changed, and even attempts to make anyeffort to challenge them illegal.
    2. 18. The success of the referendum orga nized by Uber and Lyft to preserve their ex-tremely precarious model in California in 2020 illustrates the limits of an idyllic visionof direct democracy, as well as the need to reconceive a salarial status that makes it pos-sible to reconcile protection and autonomy.
    1. Expected to come into force on June 27, India's new data retention law will force VPN companies to keep users' data - like IP addresses, real names and usage patterns - for up to five years. They will also be required to hand this information over to authorities upon request. 

      Some draconian Indian data-retention laws are coming.

    1. Gall's Law is a rule of thumb for systems design from Gall's book Systemantics: How Systems Really Work and How They Fail. It states: .mw-parser-output .templatequote{overflow:hidden;margin:1em 0;padding:0 40px}.mw-parser-output .templatequote .templatequotecite{line-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0}A complex system that works is invariably found to have evolved from a simple system that worked. A complex system designed from scratch never works and cannot be patched up to make it work. You have to start over with a working simple system.

      This feels like an underlying and underpinning principle of how the IndieWeb which focuses on working real world examples which are able to build up more complex systems instead of theoretical architecture astronomy which goes no where.

      Reference: John Gall (1975) Systemantics: How Systems Really Work and How They Fail p. 71

  10. May 2022
    1. Since there is no Maritime law in Liechtenstein, Nicolas Reithner, Hannes Mähr, and Mario Frick, the attorneys who wrote this book, left most of the pages blank indicating in bold in the front matter:

      Please use the remaining pages of this work as a notebook.

      Source

      This is by far the funniest law book out there pic.twitter.com/zWYOAsMIOM

      — Nicole A. Rizza (JD Era) 🏳️‍⚧️ (@NicoleARizza) May 25, 2022
      <script async src="https://platform.twitter.com/widgets.js" charset="utf-8"></script>
    1. Frank Wilhot's: "Conservatism consists of exactly one proposition, to wit: There must be in-groups whom the law protects but does not bind, alongside out-groups whom the law binds but does not protect." https://crookedtimber.org/2018/03/21/liberals-against-progressives/
    1. By 1860, the American Medical Association sought to end legal abortion. The Comstock Law of 1873 criminalized attaining, producing or publishing information about contraception, sexually transmitted infections and diseases, and how to procure an abortion.
    1. If you are using RDFa within your pages, you can use the resource attribute to indicate that you are linking to a piece of legislation while including a link to another source of information. For example,

      html The <a rel="cite" resource="http://www.legislation.gov.uk/id/ukpga/1999/17" href="http://en.wikipedia.org/wiki/Disability_Rights_Commission_Act_1999">Disability Rights Commission Act 1999</a> replaced the National Disability Council with the Disability Rights Commission (DRC). will generate the triple

      <> xhv:cite <http://www.legislation.gov.uk/id/ukpga/1999/17>

  11. Apr 2022
    1. Assignment

      Assignment provisions of a contract tend to have to do with transferring rights between different parties.

  12. Mar 2022
    1. Gall’s Law, which states that a complex system that works is invariably found to have evolved from a simple system that worked. Contrast this with a complex system designed from scratch, which never works and cannot be patched up to make it work.

      Gall's Law: Working complex systems invariably evolve from simple systems which actually worked.

      It is rare to find working complex systems designed from scratch. They rarely work and are incredibly difficult to patch to make them work.

    1. ReconfigBehSci on Twitter: ‘@STWorg @ProfColinDavis @rpancost @chrisdc77 @syrpis this is the most in depth treatment of the impact of equalities law on pandemic policy that I’ve been able to find- it would seem to underscore that there is a legal need for impact assessments that ask (some) of these questions https://t.co/auiApVC0TW’ / Twitter. (n.d.). Retrieved 22 March 2022, from https://twitter.com/SciBeh/status/1485927221449613314

    1. nonexclusive, nontransferable, limited license

      A license of this type means that the licensee, or the person that is granted a license to use the service, cannot limit whom the licensor (e.g., the service provider) allows to also use the service.

      Note: This is information is intended to be educational rather than informative. It is NOT intended to be, nor should it be treated as legal advice, and is not intended to provide any indication that an attorney-client relationship is being sought or being established. Before you do anything that could have an impact on your legal or equitable rights, you should always retain counsel in your jurisdiction, after carefully considering the merits and qualifications of that counsel.

  13. Feb 2022
    1. Because of the constantly growing number of volumes, and to minimize coordination issues, Gottfried van Swieten emphasizes a set of instructions for registering all the books of the court library. Written instructions are by no means common prior to the end of the eighteenth century. Until then, cataloging takes place under the supervision of a librarian who instructs scriptors orally, pointing out problems and corrections as every-one goes along.

      Unlike prior (oral) efforts, Gottfried van Swieten created a writtten set of instructions for cataloging texts at the Austrian National Library. This helped to minimize coordination issues as well as time to teach and perfect the system.


      Written rules, laws, and algorithms help to create self-organization. This is done by saving time and energy that would have gone into the work of directed building of a system instead. The saved work can then be directed towards something else potentially more productive or regenerative.

    1. Many American employers continue to make their job offers contingent on fine-print conditions, such as noncompete clauses and forced arbitration, that can make it almost impossible to jump to a better workplace or hold management accountable when things go wrong. They seek out foreign workers who often, in theory or practice, lack the legal protections of U.S. citizens. They argue that they aren’t liable for any mistreatment of their subcontracted staff by the companies that technically employ those workers. And they charge staff for equipment or training essential to their duties, establishing a cycle of debt that, in conjunction with low wages, tends to build on itself
    1. Namibian society is fairly conservative, particularly where issues of morality, customs and family values are concerned

      familial law and culture are not in line with legal provisions

    2. customary law survives only to the extent that it does not confl ict with the Constitution

      customary law does not outweigh the constitution, government over culture

    3. Women’s rights and family matters
    4. Namibian government currently does not recognise polygamous marriages

      not recognized but still occurs, not outlawed

    5. Therefore, any law, custom, stereotype or belief that oppresses or deprives women of their inherent right to reach their full potential cannot be binding on any person at all
    6. Land rights and property
    7. Customary marriages
    8. most prominent within the sphere of the family household.

      Even though customary law may not enforce these practices, they persist nonetheless

    9. matters that pertain to the children.
    10. the maintenance of such gender and role conceptions in Namibian society at large

      patriarchal stereotypes of men and women throughout Namibia, but they vary from each individual culture in specifics

    11. the eldest son makes all the major decisions

      male authority trumps parental/age authority of a woman

    12. one of the few constitutions in the world that uses gender-neutral language throughout,

      equal consideration of men and women under their constitution, sets culture up to modify towards gender equality

  14. Jan 2022
    1. Goodhart's law is an adage often stated as "When a measure becomes a target, it ceases to be a good measure".[1] It is named after British economist Charles Goodhart, who advanced the idea in a 1975 article on monetary policy in the United Kingdom:[2][3] .mw-parser-output .templatequote{overflow:hidden;margin:1em 0;padding:0 40px}.mw-parser-output .templatequote .templatequotecite{line-height:1.5em;text-align:left;padding-left:1.6em;margin-top:0}Any observed statistical regularity will tend to collapse once pressure is placed upon it for control purposes.

      We measure what we find important.

      Measures can and often become self-fulfilling targets. (read: Rankings and Reactivity by W. Espeland and M. Sauder https://www.stmarys-ca.edu/sites/default/files/attachments/files/rankings-and-reactivity-2007.pdf)

      When a measure becomes a target it ceases to be a good measure.

      So why measure?


      Is observation and measurement part of a larger complex process which isn't finished until the process itself is finished?


      This seems related to the measurement problem in quantum mechanics, Schrödinger's cat, the Heisenberg uncertainty principle, and the observer effect).

    1. As Goodhart’s law suggests, metrics can fail if given too much power, and over-emphasizing metrics can lead to gaming, manipulation, or “a myopic focus on short-term goals.” Many of the most important parts of digital well-being cannot be captured by quantitative

      Goodhart's Law is an adage often stated as "When a measure becomes a target, it ceases to be a good measure". It is named after British economist Charles Goodhart, who advanced the idea in a 1975 article on monetary policy in the United Kingdom:

      Any observed statistical regularity will tend to collapse once pressure is placed upon it for control purposes.

    1. This document describes a Uniform Resource Name (URN) Namespace Identification (NID) convention as prescribed by the Internet Engineering Task Force (IETF) for identifying, naming, assigning, and managing persistent resources in the legal domain.
    1. The English common law was "immemorial" custom which ran to a "time whereof the memory of man runneth not to the contrary." "In the profound ignorance of letters which formerly overspread the whole west- em world," Sir William Blackstone noted in 1765, "letters were intirely traditional, for this plain reason, that the nations among which they pre- vailed had but little idea of writing. Thus the British as well as the Gallic druids committed all their laws as well as learning to memory; and it is said of the primitive Saxons here, as well as their brethren on the conti- nent, that leges

      sola memoria et usu retinebant.

  15. Dec 2021
    1. The possibility of arbitrary internal branching.

      Modern digital zettelkasten don't force the same sort of digital internal branching process that is described by Niklas Luhmann. Internal branching in these contexts is wholly reliant on the user to create it.

      Many digital systems will create a concrete identifier to fix the idea within the system, but this runs the risk of ending up with a useless scrap heap.

      Some modern systems provide the ability for one to add taxonomies like subject headings in a commonplace book tradition, which adds some level of linking. But if we take the fact that well interlinked cards are the most valuable in such a system then creating several links upfront may be a bit more work, but it provides more value in the long run.

      Upfront links also don't require quite as much work at the card's initial creation as the creator already has the broader context of the idea. Creating links at a future date requires the reloading into their working memory of the card's idea and broader context.

      Of course there may also be side benefits (including to memory) brought by the spaced repetition of the card's ideas as well as potential new contexts gained in the interim which may help add previously unconsidered links.

      It can certainly be possible that at some level of linking, there is a law of diminishing returns the decreases the value of a card and its idea.

      One of the benefits of physical card systems like Luhmann's is that the user is forced to add the card somewhere, thus making the first link of the idea into the system. Luhmann's system in particular creates a parent/sibling relation to other cards or starts a brand new branch.

    1. Our notion that everyone is equal before the law,for instance, originally traces back to the idea that everyone is equalbefore the king, or emperor: since if one man is invested withabsolute power, then obviously everyone else is equal incomparison.
  16. Nov 2021
    1. ένα αποκλειστικά λευκό σώμα ενόρκων

      Η επιλογή των ενόρκων πρεπει να ειναι τυχαία ή σταθμισμένη (όπως γινόταν με τις "φυλές" της αρχαίας Αθήνας)? Κι ας έχουμε εδώ κ την ανάποδη ένδειξη, όπου 10 λευκοί + 1 μαύρος ένορκοι καταδίκασαν 3 λευκούς φονιάδες.

    1. Η σύνθεση του δικαστηρίου που αποφυλάκισε τον Πατέλη: πρόεδρος Κουζέλη Ουρανία, μέλη Πολέμη Μόσχα, Κοτσίφη Ευτέρπη, Τρίκα Μαρία, Ρουσέα Αριστέα (όπως είπαμε, μία από τις δύο τελευταίες εφέτες, που αντικατέστησαν αυτοεξαιρεθέντες συναδέλφους τους, ψήφισε κατά της αποφυλάκισης Πατέλη). Εισαγγελέας Κούτρας Ιωάννης.

      Μα τι συντηρητικά που ειναι τα μικρά ονόματα των γυναικών δικαστικών? Ευτέρπη, Ουρανία, Αριστέα...λες κι ειμαστε σε ταινία του [[Σακελλάριος]], το '50! Μηπως το "επαγγελμα του Δικαστή" πάει σόι στην Ελλάδα? Μηπως πρεπει να σπασει το άβατο με ενορκους?

    2. «Τι πάει να πει δημοσιογράφος; Οποτε υπάρχουν δημοσιογράφοι πρέπει η κοινωνία να κάθεται σούζα; Εμείς κάνουμε τη δουλειά μας ανεξάρτητα και εκπροσωπούμε σήμερα το ανώτερο δικαστήριο της χώρας σε επίπεδο ουσίας. Γίνανε όλοι αγωνιστές. Φερόμενοι αγωνιστές βέβαια, οι πραγματικοί είναι άλλοι».

      Το προβλημα στον εκφασισμό της ελληνικής Δικαιοσύνης ειναι ο θεσμός των εισσαγγελέων - πρεπει να αντικατασταθεί απο συμβούλια πολιτών, με συμμετοχή νομικών. Και οι πρόεδροι δεν πανε πισω βεβαια...

      (web archive link)

    1. δεν υπάρχει πίσω από αυτή την υπόθεση μια ισχυρή φαμίλια που έχει χάσει τον άνθρωπό της – υπάρχει μια λαϊκή οικογένεια από το Κερατσίνι. Δεν υπάρχει η πρεσβεία μιας ισχυρής χώρας που να τρώει τον κόσμο με τα τηλέφωνά της – υπάρχει μόνο η φωνή του αντιφασιστικού κινήματος. Δεν υπάρχει το φόβητρο της αντιτρομοκρατικής και των εισαγγελέων της

      Ο αγωνας ειναι ανισος, αλλα κ ασσυμετρος - όσο δεν ητταται το αντιφασιστικό από τη συντονισμενη επιθεση φασιτών-αστυνομίας-εισσαγελέων, κερδιζει.

    1. Οι ίδιες χώρες που μάχονται υπέρ του λιγότερου κράτους απαιτούν περισσότερο κράτος προκειμένου να συγκαλύψουν και να συγκρατήσουν τις επιζήμιες κοινωνικές συνέπειες που έχει στις κατώτερες περιοχές του κοινωνικού χώρου, η απορρύθμιση της μισθωτής εργασίας και η υποβάθμιση της κοινωνικής προστασίας. Η «μηδενική ανοχή» είναι μια φιλοσοφία φιλελεύθερη και μη παρεμβατική προς τα πάνω, σε ότι αφορά κυρίως τη φορολογία και την απασχόληση, αδιάλλακτη και παρεμβατική προς τα κάτω, σε ότι αφορά τη δημόσια συμπεριφορά των μελών των λαϊκών τάξεων, που είναι πιασμένα στη μέγγενη από τη μια μεριά της γενικευμένης υπο-απασχόλησης και της προσωρινής μισθωτής εργασίας και από την άλλη της ύφεσης της κοινωνικής προστασίας και της πενίας των δημοσίων υπηρεσιών.

      Αναπαντεχα ταξική τοποθετηση κορυφαίου δικαστικού της χώρας μας.

    2. εργασία των Georg Rusche και Otto Kirscheimer

      "Punishment and Social Structure" , a book written by Georg Rusche and Otto Kirchheimer, is the seminal Marxian analysis of punishment as a social institution (from wikipedia).

    3. η διάδοση και η καθιέρωση του δόγματος της «μηδενικής ανοχής», που πέρασε στα τέλη του 20ου αιώνα από τις ΗΠΑ στην Ευρώπη, εκφράζει τη ρητορική που εξομοιώνει τους παραβάτες – άστεγους, ζητιάνους, περιθωριακούς- με τους ξένους επιδρομείς, επιτάσσει χαλάρωση της νομικής δ