Torture is unequivocally prohibited under all circumstances, whether in peacetime, wartime, or during a state of national emergency. Any justification for the use of torture is indefensible under international law. The prohibition of torture constitutes a peremptory norm (jus cogens) of international law, binding upon all states that have ratified the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment or Punishment (CAT). This paper examines the provisions of the CAT in relation to Vietnam’s legal framework governing the rights (...) of the accused in criminal proceedings. The analysis reveals that Vietnam’s legal provisions lack the necessary clarity and specificity, contributing to the continued occurrence of torture coupled with an inaccurate statistical recording of such cases. To align more closely with the CAT and enhance the protection of human rights, this paper argues for the imperative need to strengthen Vietnam’s Penal Code and criminal procedure laws. Furthermore, the establishment of robust enforcement mechanisms is essential to ensuring compliance and effectiveness. The author recommends the development of a comprehensive legal framework dedicated to the protection of human rights and the formulation of strategic measures aimed at preventing torture. (shrink)

This study contrasts the evidence exclusion principles within the adversarial legal system of the United States, particularly the “fruit of the poisonous tree” doctrine, with the inquisitorial system of Vietnam. The U.S. model, emphasizing the exclusion of unlawfully obtained evidence to protect the presumption of innocence and ensure fair trials, relies on the Fourth Amendment to prevent police misconduct. Conversely, Vietnam, with its focus on uncovering the truth, has started to adopt adversarial elements, including evidence exclusion, to align with international (...) standards and enhance human rights protections within its criminal justice system. The research examines the application of the “fruit of the poisonous tree” doctrine in the U.S. and its implications for Vietnamese legal reforms, especially the proposed amendments to Article 87 of Vietnam's Criminal Procedure Code. These reforms aim to exclude unlawfully obtained evidence while allowing for the use of evidence collected independently from illegal actions. Highlighting the need for a balanced approach that respects procedural rights and promotes justice, the study advocates for comprehensive legal reforms in Vietnam. It suggests amendments to refine evidence exclusion principles, ensuring they reflect both the Vietnamese context and the progressive features of U.S. criminal justice practices, thereby enhancing the fairness and integrity of criminal proceedings. (shrink)

Despite some reforms in youth criminal justice policy, Vietnam keeps witnessing termed imprisonment as the most frequent sentence for young offenders. Taking this as the most urgent issue, the authors of this paper clarifies that the reasons for this phenomenon remain within the sentencing regime. Some derive from integrating juvenile sentencing regime into the traditional criminal system. The others come from Vietnamese traditional criminal law’s theoretical and practical controversies. In addition, the paper also discusses the ambiguity of the nature of (...) supervisory and educational measures and the issue of the discretion assigned to judicial authorities to the extent they harm upholding the child right-based approach. To conclude, the paper offers some recommendations for Vietnam to overcome these short- and long-term challenges. (shrink)

This paper examines Jacques Derrida's deconstruction of Giorgio Agamben's account of the history of bio-politics in the Beast and the Sovereign. In this account, the ‘threshold of bio-political modernity’ is identified with the collapse of an allegedly immemorial distinction between life and the law. According to Derrida, however, this in-distinction between life and the law, which supposedly marks the historical emergence of the bio-political, is in fact an originary event. Agamben, therefore, announces a bio-political modernity that has always already existed. (...) In this essay, I argue that Derrida, in the Beast and the Sovereign, fails to grasp the significance of one of the principal figures employed in Agamben's theory of the bio-political, the ‘threshold’. This figure, which Agamben opposes, elsewhere in his writings, to the Derridean notion of difference/deferral, does not refer to either an historical beginning or something that has always already existed. Rather, the threshold is defined as a particular moment in which an originary phenomenon becomes a decisive historical norm. In his ‘history’ of the bio-political, therefore, Agamben identifies the modernity of the latter in terms of the historical normalization of an in-distinction between law and life that has always already occurred. (shrink)

Crime victims are forgotten in criminal proceedings. Criminal justice systems tend to treat crime victims quite poorly, but, when they deal with child victims, their frequent failure to respect the child’s rights finds no excuse. Law enforcement and criminal justice interventions made in the name of protecting children against violent crime often fail to consider what is truly in the best interests of the child and end up further victimizing the child victims. Vietnam has instituted justice reforms that recognize the (...) need for special measures to protect the rights of child victims and witnesses of crime. This article reviews the progress achieved in implementing these reforms and points at several areas where implementation has been slow or further reforms are needed. Based on a comparative legal analysis, the article exemplifies how legal semiotics can contribute to an understanding of the complexity of policy transfer in the area of justice and human rights. (shrink)

In this collection of her provocative essays on Third World art and culture, award-winning filmmaker and theorist Trinh Minh-ha offers new challenges to Western regimes of knowledge. Bringing to her subjects an acute sense of the many meanings of the marginal, Trinh examines Asian and African texts, the theories of Barthes, questions of spectatorship, the enigmas of art, and the perils of anthropology. In one essay, taking off from ideas raised earlier by Zora Neale Hurston, Trinh considers (...) with astonishment the search by Western "experts" for the hidden values of a person or culture, a process of legitimized voyeurism that, she argues, ultimately equates psychological conflicts with depth , while inner experience is reduced to mere personal feeling. When the Moon Waxes Red is an extended argument against reductive analyses, even those that appear politically adroit. Feminist struggle is heterogeneous. The multiply-hyphenated peoples of color are not simply placed in a duality between two cultural heritages; throughout, Trinh describes the predicament of having to live "a difference that has no name and too many names already." She argues for multicultural revision of knowledge so that a new politics can transform reality rather than merely ideologize it. By rewriting the always emerging, already distorted place of struggle, such work seeks to "beat the master at his own game.". (shrink)

This paper introduces a novel method to control the operation of the active suspension system. In this research, a quarter-dynamic model is used to simulate the vehicle’s vibrations. Besides, the sliding mode-PID-integrated algorithm with five state variables is proposed to be used. This is a completely original and novel algorithm. The process of establishing the control algorithm is clearly described. The simulation is performed by the MATLAB software. The results of the paper have shown the advantages of the sliding mode-PID (...) algorithm used in this research. Accordingly, the displacement and acceleration of the sprung mass were significantly reduced when this algorithm was used. The maximum and average values of the displacement of the sprung mass are only 1.31% and 1.29%, respectively, compared with the situation of the vehicle using a passive suspension. Similarly, the value of the acceleration is 6.98% and 2.94%, respectively. In addition, the phenomenon of “chattering” has also been significantly reduced when using this controller. In the future, some more complex algorithms can be proposed. (shrink)

This paper explores the relationship between revolution and corruption in Jean Genet’s accounts of the Palestinian movement in his final work, Prisoner of Love. For Genet, corruption does not simply expose the actions of a revolutionary subject as an empty impersonation, performed for the actual ends of acquiring personal power and fortune. Rather, it exposes the ‘pretension’ inherent in the revolution it undermines as well as in the accumulation of value. For Genet, the misappropriation of money by the Palestinian leadership (...) makes manifest the imaginary character of both devotion to a revolutionary cause and greed for the commodity-fetish. Corruption, in other words, betrays revolution as well as the ‘imaginary wealth and power’ which the ‘game of revolution’ attempts to destroy. (shrink)

This paper argues for the contemporary significance of the ‘Critique of Violence’ by proposing a Benjaminian reading of two important analyses of the relationship between history, politics and the Rights of Man: Hegel’s account of the French Revolution and the concept of dissensus proposed by Jacques Rancière. For both Hegel and Rancière, the gap between right and reality – between the ideal of equality, for example, and the existence of concrete inequality – does not warrant a rejection of the Rights (...) of Man. Rather, the gap is a constitutive condition of law and political rights. From the perspective of Benjamin’s ‘Critique of Violence’, however, these analyses serve to perpetuate a bourgeois legality, one that both Hegel and Rancière acknowledge can never be realized due to the constitutive discrepancy between right and reality. In preserving the promise of legal equality, these analyses preclude the possibility of a suspension or ‘absolution’ from law. This suspension of law is a task that Benjamin identified with the proletarian general strike, a strategy whose pure violence is supposed to secure what Benjamin described, enigmatically, as a ‘wholly transformed work’. Remarkably, however, the relationship between the suspension of law in a general strike and a total transformation of labour is never clearly defined in the ‘Critique’. This paper will develop an account of this relationship by pursuing the references to Marx’s critical theory of capitalism in Benjamin’s writings. (shrink)

Inferences that result from exhaustification of a sentence S depend on the set of alternatives to S. In this paper, we present some inference patterns that are problematic for previous theories of alternatives and propose some structural constraints on the derivation of formal alternatives which derive the observations.

La couverture indique :"L'infini est le sujet le plus vaste que l'imagination puisse embrasser. Il a tout le temps fasciné les hommes, qu'ils soient artistes, philosophes ou scientifiques. Mais l'infini se manifeste-t-il vraiment dans la réalité physique, ou est-il seulement un concept de notre imagination, comme le pensait Aristote? Des artistes comme Escher, des écrivains comme Borges ont tenté de le représenter, mais c'est Georg Cantor qui assoit fermement l'infini dans le paysage des mathématiques et nous dévoile ses propriétés étranges (...) et magiques. L'univers est, par excellence, le lieu où l'infini se manifeste. Dans un univers infini, nous serions confrontés au paradoxe de l'éternel retour, où chacun de nous posséderait un nombre infini de sosies. Les avancées en physique de ces dernières décennies ont donné au mot "infini" un sens nouveau. Il se réfère non seulement à notre univers, mais aussi à une infinité d'univers parallèles, le tout formant un vaste et fantastique "multivers". A ces sujets vertigineux, Trinh Xuan Thuan apporte ses réflexions avec la pédagogie lumineuse, à la fois scientifique, philosophique et poétique qui lui est coutumière et qui fait le grand succès de La Mélodie secrète, du Chaos et l'harmonie, et, plus récemment, du Cosmos et le lotus.". (shrink)

This essay considers Deleuze and Guattari’s paradoxical claim that Marx’s critique of political economy implies as a universal history derived from the singular features of capitalism. In this critique, capitalism is defined by the commodity form, as a relationship of economic equivalence that replaces the bonds of dependence underlying other social formations. By negating relations of kinship and caste, capitalism reveals, a contrario, the universal foundation of other societies. As the “negative of all social formations,” capitalism conditions a universal history, (...) defined, retrospectively, from the singular standpoint of a society, based upon the negation of kinship and caste. In this universal history, moreover, the negation of capitalism is identified with the possibility of a new and equally singular form of society. In Anti-Oedipus, the latter is defined as a “schizophrenic” condition liberated from the commodity as well as from the bonds of dependence that constituted the universal foundation of earlier societies. (shrink)

This article aims at conceptualising the notion of embarrassment as a negativistic figure of thought that takes the experience of one’s own non-sovereignty as a starting point and emphasises an engagement with situations of not-knowing. This consideration is clarified in discussion with the figure of Socrates or with the philosophical attitude of Socrates. Because the negativistic thrust of the conceptualisation undertaken is reminiscent of irony, the paper then addresses the question of what distinguishes embarrassment understood as a figure of thought (...) from irony. For this purpose, Kierkegaard’s reading of Socratic irony is drawn upon. It is shown that irony is inherently a negativism, which in the last consequence aims at a retention of rights; but this is exactly what embarrassment avoids, because, as the article shows, it is not a negativism of strength, but of weakness. (shrink)

This research investigates the factors influencing the disparity between domestic gold prices (SJC gold and 9999 gold) and global gold prices in Vietnam from January 2011 to December 2023. Using the Autoregressive Distributed Lag (ARDL) model, we identify key macroeconomic determinants impacting this price spread, including interest rates, oil prices, and consumer demand. Our findings reveal that higher interest rates are associated with larger price spreads, suggesting that monetary policy plays a significant role in the domestic gold market. Oil prices (...) exhibit a negative relationship with the price spread for 9999 gold, indicating that rising oil prices tend to align domestic gold prices more closely with global trends. Consumer demand notably affects the SJC_Global price spread but not the 9999_Global spread, reflecting the different market dynamics of finished goods versus raw materials. Additionally, the error correction terms in both models indicate a robust mechanism for long-term equilibrium, demonstrating the Vietnamese gold market’s resilience. These insights highlight the need for policymakers to reconsider existing regulations, such as Decree 24, to ensure a stable and efficient gold market. The study concludes that while the Vietnamese gold market exhibits sustainable practices, regulatory revisions are necessary to support both market growth and community development. Future research should consider additional macroeconomic variables and the impact of regulatory changes over time to further understand the dynamics of gold price disparities in Vietnam. (shrink)

Breheny et al. argue against the structural approach to alternatives. The empirical force of their argument comes mostly from challenges raised against Trinh and Haida. This paper aims to respond to these challenges, showing how they can be met by a natural refinement of Trinh and Haida’s proposal which turns out to capture additional facts previously not accounted for. Another aim of this paper is to recount the debate with enough precision and explicitness in order to enhance understanding (...) and facilitate future discussions. (shrink)

This paper discusses a set of observations, many of which are novel, concerning differences between the adjectival modals _certain_ and _possible_ and their adverbial counterparts _certainly_ and _possibly_. It argues that the observations can be derived from a standard interpretation of _certain_/_certainly_ as universal and _possible_/_possibly_ as existential quantifiers over possible worlds, in conjunction with the hypothesis that the adjectives quantify over knowledge and the adverbs quantify over belief. The claims on which the argument relies include the following: (i) knowledge (...) implies belief, (ii) agents have epistemic access to their belief, (iii) relevance is closed under speakers’ belief, and (iv) commitment is pragmatically inconsistent with explicit denial of belief. (shrink)

Although experts are valuable assets to organizations, they suffer from the curse of knowledge and cognitive entrenchment, which prevents them from being able to adapt to changing situational demands. In this study, I propose that experts’ performance goal orientation resulting from pressures to perform contributes to their flexibility, but this mechanism can be moderated by learning goal orientation and humility. Data from a small sample of healthcare professionals suggested that performance goal orientation partially explained the mechanism of why experts may (...) be inflexible. Humility, both as self-report and other-report measures, was found to be the most consistent moderator of this indirect effect. Experts with low levels of humility suffered from the negative effects of performance goal orientation, leading them to be less flexible compared to their counterparts with higher levels of humility. Experts who reported high levels of humility, on the other hand, were perceived to be more flexible as their expertise increased. Meanwhile, learning goal orientation partially moderated the indirect effect of expertise on flexibility through performance goal orientation. These findings lead to new conversations on how to get experts unstuck and highlight the importance of developing humility as both a personal virtue and a strategic advantage for organizations. (shrink)

Ao dai is a typical long dress of Viet Nam used to be worn by both men and women of the Viet and other ethnic peoples. In her shaping and development history, Viet Nam became a place that converged various cultural flows such as the Vietnamese indigenous culture and that of the Chinese, Champa and Indian etc. To the end of the 19th century, especially the 20th, Viet Nam continued to be influenced by the French culture and the American ways (...) of living. The acceptance of cultures from various nationalities and communities from the North to South, East to West made it possible for the Vietnamese fashion designers to harmonize all into an Ao dai for the Vietnamese women. This article will synthesize and analyze three renovation movements of Ao dai in the 20th century. It also discusses about these processes and introduces typical innovators whose contribution has created the Ao dai as it is today, a traditional dress that represents history of the Vietnamese culture, aesthetic sense, art and vitality. (shrink)

We present an argument-based formalism of contract dispute resolution following a modern view that the court would resolve a contract dispute by enforcing an interpretation of contract that reasonably represents the mutual intention of contract parties. Legal doctrines provide principles, rules and guidelines for the court to objectively arrive at such an interpretation. In this paper, we establish the appropriateness of the formalism by applying it to resolve disputes about performance relief with the legal doctrines of impossibility and frustration of (...) purpose in common laws of contract. The formalism is based on modular argumentation, a recently proposed extension of assumption-based argumentation for modelling contract dispute resolution. (shrink)

The recent availability of multiple avian genomes has laid the foundation for a huge variety of comparative genomics analyses including scans for changes and signatures of selection that arose from adaptions to new ecological niches. Nocturnal adaptation in birds, unlike in mammals, is comparatively recent, a fact that makes birds good candidates for identifying early genetic changes that support adaptation to dim‐light environments. In this review, we give examples of comparative genomics analyses that could shed light on mechanisms of adaptation (...) to nocturnality. We present advantages and disadvantages of both “data‐driven” and “hypothesis‐driven” approaches that lead to the discovery of candidate genes and genetic changes promoting nocturnality. We anticipate that the accessibility of multiple genomes from the Genome 10K Project will allow a better understanding of evolutionary mechanisms and adaptation in general. -/- . (shrink)

Geht es um die Frage, welche Faktoren zur Akzeptanz und Verbreitung von Verschwörungserzählungen beitragen, so verweist die Forschungsliteratur zur Erklärung oft auf sehr allgemeine Bedürfnisse, die in der Regel als anthropologische Gegebenheiten aufgefasst werden, wie etwa das Bedürfnis nach Sinngebung und Orientierung. Der vorliegende Artikel weist auf die möglichen Probleme einer anthropologischen Verkürzung der Sachlage bei solchen Erklärungsansätzen hin und formuliert einen genealogischen Ansatz, der es erlaubt, jene Bedürfnisse, die den Verschwörungsglauben begünstigen, als Resultat eines historisch voraussetzungsreichen Subjektivierungsprozesses zu begreifen. (...) Zur Beschreibung jenes Prozesses werden in Auseinandersetzung mit Nietzsches Genealogie der Moral insbesondere die Motive des Ressentiments und der Schuld als Triebkräfte herangezogen, die insbesondere unter säkularen Bedingungen Projektionsweisen befördern, auf denen Verschwörungserzählungen beruhen. (shrink)

No século XXI, o mundo se depara com grandes desafios políticos em relação à cultura, à sociedade e, especialmente, ao meio ambiente, não obstante desfrutar de brilhantes conquistas na ciência e na tecnologia, e, sobretudo, naeconomia. Observa-se que estesdesafios aumentam cada vez mais, e afetam a sobrevivência humana. Desse modo, buscar o desenvolvimento sustentável deve se tornar o objetivo central nas políticas de cada país.De acordo com a ideia de desenvolvimento social, segundo o pensamento de Ho Chi Minh, as decisões (...) políticas devem partir do povo, uma vez que é ele próprio o sujeito da história. Nas sendas deste pensamento, destacamos o papel do povo vietnamita, ligado profundamente ao desenvolvimento sustentável. Todo esforço deve consistir no trabalho de organizar os recursos do povopara desenvolver o país. Nesse sentido, o pensamento de Ho Chi Minh sobre a organização social não deve se valer, apenas, daqueles que participaram da revolução pela independência do Vietnã, mas deve se dar como força motriz para o desenvolvimento sustentável. Isto posto, temos que,junto àideia de desenvolvimento sustentável, é necessário desenvolver outros setores como a economia, a cultura e a sociedade, promovendo o estado de bem-estar social, elevando o Vietnã ao estágio de desenvolvimento de outros países.Nessa toada, o crescimento econômico deve refletir o progresso e a justiça social, traduzido em qualidade de vida e erradicação da pobreza. Assim, nosso objetivo neste artigo é investigar acerca das condições de aplicabilidade das ideias políticas de Ho Chi Minh sobre o papel do povo como sujeito do progresso, a fim de termos uma base de discussão sólida para a propositura de umprograma de desenvolvimento sustentável no Vietnã hoje. (shrink)

Computational drug repositioning has been proven as a promising and efficient strategy for discovering new uses from existing drugs. To achieve this goal, a number of computational methods have been proposed, which are based on different data sources of drugs and diseases. These methods approach the problem using either machine learning- or network-based models with an assumption that similar drugs can be used for similar diseases to identify new indications of drugs. Therefore, similarities between drugs and between diseases are usually (...) used as inputs. In addition, known drug-disease associations are also needed for the methods as prior information. It should be noted that those associations are still not well established due to the fact that many of marketed drugs have been withdrawn and this could affect the outcome of the methods. In this study, we propose a novel method named RLSDR to find new uses of drugs. More specifically, it relies on a semi-supervised learning model, Regularized Least Square, thus it does not require definition of non-drug-disease associations as previously proposed machine learning-based methods. In addition, the similarity between drugs measured by chemical structures of drug compounds and the similarity between diseases which share phenotypes can be represented in a form of either similarity network or similarity matrix as inputs of the method. Moreover, instead of using a gold-standard set of known drug-disease associations, we construct an artificial set of the associations based on known disease-gene and drug-target associations. Experiment results demonstrate that RLSDR achieves better prediction performance on the artificial set of drug-disease associations than that on the gold-standard ones in terms of area under the Receiver Operating Characteristic curve. In addition, it outperforms two representative network-based methods irrespective of the prior information of drug-disease associations. Novel indications for a number of drugs are also identified and validated by evidences from a different data resource. (shrink)

Philosophy in Vietnam is defined as a system of the most universal points of view on the world and the place of man in this world. Philosophy often plays a key role it plays in one’s worldview and methodology. The question is: on what problems should philosophy focus in order to successfully carry out its worldview andmethodological role in the present context? Firstly, if international philosophers are focusing their research on problems caused by globalization, Vietnamese philosophers should orient their research (...) on the practical problems raised by building and developing our country in the context of globalization and international economic integration. Secondly, one of the important tasks for Vietnamese philosophers is to research the philosophical thought of Vietnam. Thirdly, one of the no less important tasks for people engaging in research and teaching of philosophy in Vietnam is to investigate the trends and ideas of preeminent world philosophers, both in the East as well as in the West. (shrink)

Thomas Aquinas persistently defended the idea that the soul survives physical death. But what exactly is the rational soul that becomes separated from the body at death? When a person’s body dies, do they cease to exist? Over the past few decades, a nuanced debate has developed between “survivalists” and “corruptionists” over whether or not a separated soul is still a person, leading to impenetrable disagreements in which neither side can seem to sway the other. In this research, I propose (...) a previously unexplored answer to this contentious query: that a person whose soul has been separated from their body is an incomplete human being. (shrink)