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Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the author makes a distinction between torturing the accused on the one hand and, on the other hand, torture as an instrument to force a witness' incriminating testimony against third parties (in German: Zeugenfolter), torture as a means to avert dangers (lifesaving torture), torture as an additional cruelty to the accused's punishment (in German: Straffolter), and corporal punlishment for lying in a court. Only the first manifestation, namely torturing the accused intending to extort his confession, is the real subject of this paper.
Subject of this publication is torture as an interrogational instrument in criminal proceedings from a legal history point of view. Thereby, the paper at hand is the continuation of Volume I (published in 2014, number 68 of the Legal Policy Forum).
Volume II covers the following historical periods: Late Middle Ages and Early Modern Age; the latter ending with the 18th century as the so called Century of Enlightenment, being the actual beginning of the Modern Age in criminal law and criminal procedure law.
The paper ends with critical remarks against the predominant view that the torture's reign of terror in the former inquisitionsprozess merely was the inevitable consequence of the unreasonable kaw on evidence applicable at that time.
While women's evolving contribution to entrepreneurship is irrefutable, in almost all nations, gender disparity is an existing reality of entrepreneurship. Social and economic outcomes make women entrepreneurship an important area for scholars and governments. In attempts to find reasons for this gender disparity, academic scholars evaluated various factors and recognised perceptual variables as having outstanding explanatory value in understanding women's entrepreneurship. To advance our knowledge of gender disparity in entrepreneurship, the present study explores the influence of entrepreneurial perceptual variables on women's entrepreneurship and considers the critical role of country-level institutional contexts on the women's entrepreneurial propensity. Therefore, this study examines the impact of perceptual variables in different nations. It also offers connections between entrepreneurial perceptions, women entrepreneurship, and institutional contexts as a critical topic for future studies.
Drawing on the importance of perceptual factors, this dissertation investigates whether and how their perception of entrepreneurial networks influences the individuals' decision to initiate a new venture. Prior scholars considered exposure to entrepreneurial role models as one of the most influential factors on the women's inclination towards entrepreneurship; thus, a systemized analysis makes it possible to identify existing research gaps related to this perception. Hence, to draw a clear picture of the relationship between entrepreneurial role models and entrepreneurship, this dissertation provides a systemized overview of prior studies. Subsequently, Chapter 2 structures the existing literature on entrepreneurial role models and reveals that past literature has focused on the different types of role models, the stage of life at which the exposure to role models occurs, and the context of the exposure. Current discourse argues that the women's lower access to entrepreneurial role models negatively influences their inclination towards entrepreneurship.
Additionally, although the research on women entrepreneurship has proliferated in recent years, little is known about how entrepreneurial perceptual variables form women's propensity towards entrepreneurship in various institutional contexts. The work of Koellinger et al. (2013), hereafter KMS, is one of the most influential papers that investigated the influence of perceptual variables, and it showed that a lower rate of women entrepreneurship is associated with a lower level of their entrepreneurial network, perceived entrepreneurial capability, and opportunity evaluation and with a higher fear of entrepreneurial failure. Thus, this dissertation replicates the work of KMS. Chapter 3 explicitly investigates the influence of the above perceptions on women's entrepreneurial propensity. This research has drawn data from the Global Entrepreneurship Monitor, a cross-national individual-level data set (2001-2006) covering 236,556 individuals across 17 countries. The results of this chapter suggest that gender disparities in entrepreneurial propensity are conditioned by differences in entrepreneurial perceptual variables. Women's lower levels of perceived entrepreneurial capability, entrepreneurial role models and opportunity evaluation and their higher fear of failure lead to lower entrepreneurial propensity.
To extend and generalise the relationship between perceptions and women's entrepreneurial propensity, in Chapter 4, two studies are conducted based on replicated research. Extension 1 generalises the results of KMS by using the same analysis on more recent data. Accordingly, this research implemented the same analysis on 372,069 individuals across the same countries (2011-2016). The recent data show that although gender disparity became significantly weaker, the gender gap is still in men's favour. However, similarly to the replicated study, this research revealed that perceptual factors explain a larger part of the gender disparity. To strengthen prior empirical evidence, in extension 2, utilising a sample of 1,029,863 individuals from 71 countries (2011-2016), the study conducted the same measures and analysis in a more global setting. By including developing countries, gender disparity in entrepreneurial propensity decreased significantly. The study revealed that the relative significance of the influences of perceptions' differs significantly across nations; however, perceptions have a worldwide effect. Moreover, this research found that the ratio of nascent women entrepreneurs in less developed countries to those in more developed nations is 2. More precisely, a higher level of economic development negatively influences the impact of perceptions on women's entrepreneurial propensity.
Whereas prior scholars increasingly underlined the importance of perceptions in explaining a large part of gender disparities in entrepreneurship, most of the prior investigations focused on nascent (early-stage) entrepreneurship, and evidence on the relationship between perceptions and other types of self-employment, such as innovative entrepreneurship, is scant. Innovation is a confirmed key driver of a firm's sustainability, higher competitive capability, and growth. Therefore, Chapter 5 investigates the influence of perceptions on women's innovative entrepreneurship. The chapter points out that entrepreneurial perceptions are the main determinants of the women's decision to offer a new product or service. This chapter also finds that women's innovative entrepreneurship is associated with the country's specific economic setting.
Overall, by underlining the critical role of institutional contexts, this dissertation provides considerable insights into the interaction between perceptions and women entrepreneurship, and its results have implications for policymakers and practitioners, who may find it helpful to consider women entrepreneurship in systemized challenges. Formal and informal barriers affect women's entrepreneurial perceptions and can differ from one country to the other. In this sense, it is crucial to design operational plans to mitigate formal and stereotypical challenges, and thus, more women will be able to start a business, particularly in developing countries in which women significantly comprise a smaller portion of the labour markets. This type of policy could write the "rules of the game" such that these rules enhance the women's propensity towards entrepreneurship.
Up until May 2021, the post-election insecurity in Belarus had mostly been a national affair, but with Lukashenka’s regime starting to retaliate against foreign actors, the crisis internationalised. This article follows the development of Belarus-Lithuania border dynamics between the 2020 Belarusian presidential election and the start of the 2022 Russian invasion of Ukraine. A qualitative content analysis of English-language articles published by Lithuanian public broadcaster LRT shows that shows that there were relatively few changes to the border dynamics in the period between 9 August 2020 and 26 May 2021. After 26 May 2021, the border dynamics changed significantly: The Belarusian regime started facilitating migration, and more than 4,200 irregular migrants crossed into Lithuania from Belarus in 2021. In response, Lithuania reinforced its border protection and tried to deal with the irregular migration flows. Calls for action were made, protests were held, and the country received international support.
This study scrutinizes press photographs published during the first 6 weeks of the Russian War in Ukraine, beginning February 24th, 2022. Its objective is to shed light on the emotions evoked in Internet-savvy audiences. This empirical research aims to contribute to the understanding of emotional media effects that shape attitudes and actions of ordinary citizens. Main research questions are: What kind of empathic reactions are observed during the Q-sort study? Which visual patterns are relevant for which emotional evaluations and attributions? The assumption is that the evaluations and attributions of empathy are not random, but follow specific patterns. The empathic reactions are based on visual patterns which, in turn, influence the type of empathic reaction. The identification of specific categories for visual and emotional reaction patterns are arrived at in different methodological processes. Visual pattern categories were developed inductively, using the art history method of iconography-iconology to identify six distinct types of visual motifs in a final sample of 33 war photographs. The overarching categories for empathic reactions—empty empathy, vicarious traumatization and witnessing—were applied deductively, building on E. Ann Kaplan's pivotal distinctions. The main result of this research are three novel categories that combine visual patterns with empathic reaction patterns. The labels for these categories are a direct result of the Q-factorial analysis, interpreted through the lense of iconography-iconology. An exploratory nine-scale forced-choice Q-sort study (Nstimuli = 33) was implemented, followed by self-report interviews with a total of 25 participants [F = 16 (64%), M = 9 (36%), Mage = 26.4 years]. Results from this exploratory research include motivational statements on the meanings of war photography from semi-structured post-sort-interviews. The major result of this study are three types of visual patterns (“factors”) that govern distinct empathic reactions in participants: Factor 1 is “veiled empathy” with highest empathy being attributed to photos showing victims whose corpses or faces were veiled. Additional features of “veiled empathy” are a strong anti-politician bias and a heightened awareness of potential visual manipulation. Factor 2 is “mirrored empathy” with highest empathy attributions to photos displaying human suffering openly. Factor 3 focused on the context. It showed a proclivity for documentary style photography. This pattern ranked photos without clear contextualization lower in empathy than those photos displaying the fully contextualized setting. To the best of our knowledge, no study has tested empathic reactions to war photography empirically. In this respect, the study is novel, but also exploratory. Findings like the three patterns of visual empathy might be helpful for photo selection processes in journalism, for political decision-making, for the promotion of relief efforts, and for coping strategies in civil society to deal with the potentially numbing or traumatizing visual legacy of the War in Ukraine.
Stress position in English words is well-known to correlate with both their morphological properties and their phonological organisation in terms of non-segmental, prosodic categories like syllable structure. While two generalisations capturing this correlation, directionality and stratification, are well established, the exact nature of the interaction of phonological and morphological factors in English stress assignment is a much debated issue in the literature. The present study investigates if and how directionality and stratification effects in English can be learned by means of Naive Discriminative Learning, a computational model that is trained using error-driven learning and that does not make any a-priori assumptions about the higher-level phonological organisation and morphological structure of words. Based on a series of simulation studies we show that neither directionality nor stratification need to be stipulated as a-priori properties of words or constraints in the lexicon. Stress can be learned solely on the basis of very flat word representations. Morphological stratification emerges as an effect of the model learning that informativity with regard to stress position is unevenly distributed across all trigrams constituting a word. Morphological affix classes like stress-preserving and stress-shifting affixes are, hence, not predefined classes but sets of trigrams that have similar informativity values with regard to stress position. Directionality, by contrast, emerges as spurious in our simulations; no syllable counting or recourse to abstract prosodic representations seems to be necessary to learn stress position in English.
Spatial Queues
(2000)
In the present thesis, a theoretical framework for the analysis of spatial queues is developed. Spatial queues are a generalization of the classical concept of queues as they provide the possibility of assigning properties to the users. These properties may influence the queueing process, but may also be of interest for themselves. As a field of application, mobile communication networks are modeled by spatial queues in order to demonstrate the advantage of including user properties into the queueing model. In this application, the property of main interest is the user's position in the network. After a short introduction, the second chapter contains an examination of the class of Markov-additive jump processes, including expressions for the transition probabilities and the expectation as well as laws of large numbers. Chapter 3 contains the definition and analysis of the central concept of spatial Markovian arrival processes (shortly: SMAPs) as a special case of Markov-additive jump processes, but also as a natural generalization from the well-known concept of BMAPs. In chapters 4 and 5, SMAPs serve as arrival streams for the analyzed periodic SMAP/M/c/c and SMAP/G/infinity queues, respectively. These types of queues find application as models or planning tools for mobile communication networks. The analysis of these queues involves new methods such that even for the special cases of BMAP inputs (i.e. non-spatial queues) new results are obtained. In chapter 6, a procedure for statistical parameter estimation is proposed along with its numerical results. The thesis is concluded by an appendix which collects necessary results from the theories of Markov jump processes and stochastic point fields. For special classes of Markov jump processes, new results have been obtained, too.
The vision of a future information and communication society has prompted leading politicians in the United States, the European Union and Japan to influence or even lead the economic and social transition in the context of an active technology policy. The technological development of society, however, is a product of a complex interplay of technological, economic and socio-political constraints. These constraints limit the political decision-making and implementation abilities. Moreover, facts and information are continuously changing during a paradigmatic technological, economic and social shift, which limits political decision-making abilities. This study compares political decision-making to promote computer-mediated communications in the Triad since the beginning of the 1980s, on four levels: the development of a political vision, the long-term aims and strategies, technology policy (e.g. the promotion of technological development and competition policy) and regulatory policy (e.g. universal access, protection of privacy and intellectual property). While technology policy tends to be uncontroversial, during a paradigmatic shift regulatory policy is difficult and lengthy. Nevertheless, the inclusion of interest groups, which rise during this paradigmatic shift and which are close to the technologies and their societal consequences, help to aid decision-making processes. In this context, politics in the United States has been more successful that in the European Union and especially Japan. Although this study predates the rise of eCommerce over the Internet, it addresses many of the themes underlying it. Of these themes, many remain politically unsettled, both on national, supranational and especially international levels. For example, for encryption and secure payments, which are necessary for eCommerce, no international standards do yet exist. The issue of taxation has hardly been opened for discussions. In sum, this study does not only offer a historical overview of the development of the Internet, but it also discusses issues of continuing present concern.
XML (Extensible Markup Language) ist ein sequentielles Format zur Speicherung und Übermittlung strukturierter Daten. Obwohl es ursprünglich für die Dokumentenverarbeitung entwickelt wurde, findet XML heute Verwendung in nahezu allen Bereichen der Datenverarbeitung, insbesondere aber im Internet. Jede XML-Dokumentenverarbeitungs-Software basiert auf einem XML-Parser. Der Parser liest ein Dokument in XML-Syntax ein und stellt es als Dokumentbaum der eigentlichen Anwendung zur Verfügung. Dokumentenverarbeitung ist dann im wesentlichen die Manipulation von Bäumen. Moderne funktionale Programmiersprachen wie SML und Haskell unterstützen Bäume als Basis-Datentypen und sind daher besonders gut für die Implementierung von Dokumentenverarbeitungs-Systemen geeignet. Um so erstaunlicher ist es, dass dieser Bereich zum größten Teil von Java-Software dominiert wird. Dies ist nicht zuletzt darauf zurückzuführen, dass noch keine vollständige Implementierung der XML-Syntax als Parser in einer funktionalen Programmiersprache vorliegt. Eine der wichtigsten Aufgaben in der Dokumentenverarbeitung ist Querying, d.h. die Lokalisierung von Teildokumenten, die eine angegebene Strukturbedingung erfüllen und in einem bestimmten Kontext stehen. Die baumartige Auffassung von Dokumenten in XML erlaubt die Realisierung des Querying mithilfe von Techniken aus der Theorie der Baumsprachen und Baumautomaten. Allerdings müssen diese Techniken an die speziellen Anforderungen von XML angepasst werden. Eine dieser Anforderungen ist, dass auch extrem große Dokumente verarbeitet werden müssen. Deshalb sollte der Querying-Algorithmus in einem einzigen Durchlauf durch das Dokument ausführbar sein, ohne den Dokumentbaum explizit im Speicher aufbauen zu müssen. Diese Arbeit besteht aus zwei Teilen. Der erste Teil beschreibt den XML- Parser fxp, der vollständig in SML programmiert wurde. Insbesondere werden die Erfahrungen mit SML diskutiert, die während der Implementierung von fxp gewonnen wurden. Es folgt eine Analyse des Laufzeit-Verhaltens von fxp und ein Vergleich mit anderen XML-Parsern, die in imperativen oder objekt- orientierten Programmiersprachen entwickelt wurden. Im zweiten Teil beschreiben wir einen Algorithmus zum Querying von XML- Dokumenten, der auf der Theorie der Waldautomaten fundiert ist. Er findet alle Treffer einer Anfrage in höchstens zwei Durchläufen durch das Dokument. Für eine wichtige Teilklasse von Anfragen kann das Querying sogar in einem einzelnen Durchlauf realisiert werden. Außerdem wird die Implementierung des Algorithmus in SML mit Hilfe von fxp dargestellt.
The study at hand deals with madness as it is represented in English Canadian fiction. The topic seemed most interesting and fruitful for analysis due to the fact that as the ways madness has been defined, understood, described, judged and handled differ quite profoundly from society to society, from era to era, as the language, ideas and associations surrounding insanity are both strongly culture-relative and shifting, madness as a theme of myth and literature has always been a excellent vehicle to mirror the assumptions and arguments, the aspirations and nostalgia, the beliefs and values, hopes and fears of its age and society. Thus, while the overall intent of this study is to elucidate some discernible patterns of structure and style which accompany the use of madness in Canadian literature, to investigate the varying sorts of portrayal and the conventions of presentation, to interpret the use of madness as literary devices and to highlight the different statements which are made, the continuity, variation, and changes in the theme of madness provide an informing principle in terms of certain Canadian experiences and perceptions. By examining madness as it represents itself in Canadian literature and considering the respective explorations of the deranged mind within their historical context, I hope to demonstrate that literary interpretations of madness both reflect and question cultural, political, religious and psychological assumptions of their times and that certain symptoms or usages are characteristic of certain periods. Such an approach, it is hoped, might not only contribute towards an assessment of the wealth of associations which surround madness and the ambivalence with which it is viewed, but also shed some light on the Canadian imagination. As such this study can be considered not only as a history of literary madness, but a history of Canadian society and the Canadian mind.
Contents: I. History of the Korean Civil Code II. Background for Initiation of the Amendment of the Civil Code (Property Law) and their Progress III. Fundamental Direction of the Amendment of the Civil Code (Property Law) IV. Major Foreign Statutes Used as Reference for the Amendment of the Civil Code (Property Law) V. Major Details of the Amendment of the Civil Code (Property Law) VI. Concluding Remarks: Evaluation
The goal of this thesis is to transfer the logarithmic barrier approach, which led to very efficient interior-point methods for convex optimization problems in recent years, to convex semi-infinite programming problems. Based on a reformulation of the constraints into a nondifferentiable form this can be directly done for convex semi- infinite programming problems with nonempty compact sets of optimal solutions. But, by means of an involved max-term this reformulation leads to nondifferentiable barrier problems which can be solved with an extension of a bundle method of Kiwiel. This extension allows to deal with inexact objective values and subgradient information which occur due to the inexact evaluation of the maxima. Nevertheless we are able to prove similar convergence results as for the logarithmic barrier approach in the finite optimization. In the further course of the thesis the logarithmic barrier approach is coupled with the proximal point regularization technique in order to solve ill-posed convex semi-infinite programming problems too. Moreover this coupled algorithm generates sequences converging to an optimal solution of the given semi-infinite problem whereas the pure logarithmic barrier only produces sequences whose accumulation points are such optimal solutions. If there are certain additional conditions fulfilled we are further able to prove convergence rate results up to linear convergence of the iterates. Finally, besides hints for the implementation of the methods we present numerous numerical results for model examples as well as applications in finance and digital filter design.
This work is concerned with the numerical solution of optimization problems that arise in the context of ground water modeling. Both ground water hydraulic and quality management problems are considered. The considered problems are discretized problems of optimal control that are governed by discretized partial differential equations. Aspects of special interest in this work are inaccurate function evaluations and the ensuing numerical treatment within an optimization algorithm. Methods for noisy functions are appropriate for the considered practical application. Also, block preconditioners are constructed and analyzed that exploit the structure of the underlying linear system. Specifically, KKT systems are considered, and the preconditioners are tested for use within Krylov subspace methods. The project was financed by the foundation Stiftung Rheinland-Pfalz für Innovation and carried out in joint work with TGU GmbH, a company of consulting engineers for ground water and water resources.
Due to the breath-taking growth of the World Wide Web (WWW), the need for fast and efficient web applications becomes more and more urgent. In this doctoral thesis, the emphasis will be on two concrete tasks for improving Internet applications. On the one hand, a major problem of many of today's Internet applications may be described as the performance of the Client/Server-communication: servers often take a long time to respond to a client's request. There are several strategies to overcome this problem of high user-perceived latencies; one of them is to predict future user-requests. This way, time-consuming calculations on the server's side can be performed even before the corresponding request is being made. Furthermore, in certain situations, also the pre-fetching or the pre-sending of data might be appropriate. Those ideas will be discussed in detail in the second part of this work. On the other hand, a focus will be placed on the problem of proposing hyperlinks to improve the quality of rapid written texts, at first glance, an entirely different problem to predicting client requests. Ultra-modern online authoring systems that provide possibilities to check link-consistencies and administrate link management should also propose links in order to improve the usefulness of the produced HTML-documents. In the third part of this elaboration, we will describe a possibility to build a hyperlink-proposal module based on statistical information retrieval from hypertexts. These two problem categories do not seem to have much in common. It is one aim of this work to show that there are certain, similar solution strategies to look after both problems. A closer comparison and an abstraction of both methodologies will lead to interesting synergetic effects. For example, advanced strategies to foresee future user-requests by modeling time and document aging can be used to improve the quality of hyperlink-proposals too.
The discretization of optimal control problems governed by partial differential equations typically leads to large-scale optimization problems. We consider flow control involving the time-dependent Navier-Stokes equations as state equation which is stamped by exactly this property. In order to avoid the difficulties of dealing with large-scale (discretized) state equations during the optimization process, a reduction of the number of state variables can be achieved by employing a reduced order modelling technique. Using the snapshot proper orthogonal decomposition method, one obtains a low-dimensional model for the computation of an approximate solution to the state equation. In fact, often a small number of POD basis functions suffices to obtain a satisfactory level of accuracy in the reduced order solution. However, the small number of degrees of freedom in a POD based reduced order model also constitutes its main weakness for optimal control purposes. Since a single reduced order model is based on the solution of the Navier-Stokes equations for a specified control, it might be an inadequate model when the control (and consequently also the actual corresponding flow behaviour) is altered, implying that the range of validity of a reduced order model, in general, is limited. Thus, it is likely to meet unreliable reduced order solutions during a control problem solution based on one single reduced order model. In order to get out of this dilemma, we propose to use a trust-region proper orthogonal decomposition (TRPOD) approach. By embedding the POD based reduced order modelling technique into a trust-region framework with general model functions, we obtain a mechanism for updating the reduced order models during the optimization process, enabling the reduced order models to represent the flow dynamics as altered by the control. In fact, a rigorous convergence theory for the TRPOD method is obtained which justifies this procedure also from a theoretical point of view. Benefiting from the trust-region philosophy, the TRPOD method guarantees to save a lot of computational work during the control problem solution, since the original state equation only has to be solved if we intend to update our model function in the trust-region framework. The optimization process itself is completely based on reduced order information only.
The main purpose of this dissertation is to solve the following question: How will the emergence of the Euro influence the currency composition of the NICs?monetary reserves? Taiwan and Thailand are chosen as our investigation subjects. There are two sorts of motives for central banks' reserve holdings, i.e., intervention-related motives and portfolio-related motives. The need for reserve holdings resulting from intervention-related motives are justified because of the costs resulting from exchange rate instability. On the other hand, we use the Tobin-Markowitz model to justify the need for monetary reserves held for portfolio-related motives. The operational implication of this distinction is the separation of monetary reserves into two tranches corresponding to different objectives. An analysis of a central bank's transaction balance is a money quality analysis. Such an analysis has to do with transaction costs and non-pecuniary rates of return. The facts point out, that the Euro's emergence will not change the fact that the USD will continue to be the major currency of transaction balances of the central banks in Taiwan and Thailand. In order to answer the question about diversification of monetary reserves as idle balance in the two NICs, we carry out an analysis of the portfolio approach, which is based on the basic ideas of the Tobin-Markowitz model. This analysis shows that Taiwan and/or Thailand respectively cannot reduce risk at a given rate of return or increase the rate of return at a given risk by diversifying their monetary reserves as idle balance from the USD to the Euro.
In this thesis we focus on the development and investigation of methods for the computation of confluent hypergeometric functions. We point out the relations between these functions and parabolic boundary value problems and demonstrate applications to models of heat transfer and fluid dynamics. For the computation of confluent hypergeometric functions on compact (real or complex) intervals we consider a series expansion based on the Hadamard product of power series. It turnes out that the partial sums of this expansion are easily computable and provide a better rate of convergence in comparison to the partial sums of the Taylor series. Regarding the computational accuracy the problem of cancellation errors is reduced considerably. Another important tool for the computation of confluent hypergeometric functions are recurrence formulae. Although easy to implement, such recurrence relations are numerically unstable e.g. due to rounding errors. In order to circumvent these problems a method for computing recurrence relations in backward direction is applied. Furthermore, asymptotic expansions for large arguments in modulus are considered. From the numerical point of view the determination of the number of terms used for the approximation is a crucial point. As an application we consider initial-boundary value problems with partial differential equations of parabolic type, where we use the method of eigenfunction expansion in order to determine an explicit form of the solution. In this case the arising eigenfunctions depend directly on the geometry of the considered domain. For certain domains with some special geometry the eigenfunctions are of confluent hypergeometric type. Both a conductive heat transfer model and an application in fluid dynamics is considered. Finally, the application of several heat transfer models to certain sterilization processes in food industry is discussed.