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A note on summability in Banach spaces
No full textLet and be Banach spaces. Suppose that is Asplund. Let be a bounded set of operators from to with the following property: a bounded sequence in is weakly null if, for each , the sequence is weakly null. Let be a sequence in such that: (a) for each , the set is relatively norm compact; (b) for each sequence in , the series is weakly unconditionally Cauchy. We prove that if is Dunford–Pettis and \inf_{n\in\mathbb{N}}\|T(z_n)\|\|z_n\|^{-1}>0, then the series is absolutely convergent. As an application, we provide another proof of the fact that a countably additive vector measure taking values in an Asplund Banach space has finite variation whenever its integration operator is Dunford–Pettis
The dimension of projections of planar diagonal self-affine measures
No full textWe show that if is a self-affine measure on the plane defined by an iterated function system of contractions with diagonal linear parts, then under an irrationality assumption on the entries of the linear parts,
for any non-principal orthogonal projection
Luettelo Turun akatemian professorien tieteellisten töiden käsikirjoituksista Turussa
Get PDFTämä luettelo syntyi tarpeesta selvittää, mitä Turun akatemian professorien ja muun henkilökunnan tuottamia julkaisemattomia tieteellisiä käsikirjoituksia on löydettävissä turkulaisista arkistoista ja kirjastoista. Aikarajaus on akatemian Turun ajassa sen perustamisesta 1640 Turun paloon 1827
Vapaaehtoisiin eläkevakuutuksiin avioero-osituksessa liittyvät tulkintaongelmat
No full textVoluntary pension insurance in the division of matrimonial propertyThis article considers voluntary pension savings in the division of property following a divorce, particularly in cases where this would result in unreasonable outcomes. In one such case, KKO 2016:67, the Supreme Court stated that, in principal, voluntary pensions constitute assets subject to the matrimonial rights of the other spouse if the pension savings can be redeemed during the divorce process. Here, spouse B’s pension scheme was voluntary, whereas spouse A’s pension scheme was statutory and as such not considered property subject to the matrimonial right. The marriage had lasted a long time and both spouses had actively contributed to the household and engaged in the accumulation and preservation of common assets. Owing to B’s voluntary pension, B was deemed to own more assets than A, which suggested the need for redistribution of B’s assets in A’s favour. The Supreme Court, however, considered this to be unreasonable and adjusted the division so that A was not, under the matrimonial right, to receive anything from B.
The article examines the rule of adjustment (section 103b) in the Finnish Marriage Act, noting that the provision does not cover many potentially unreasonable cases that might arise from voluntary pension schemes. For instance, the rule does not, in principle, provide means to adjust the division of assets in favour of the spouse with less assets. In Finland, unlike in other Nordic countries, there has not been any broader discussion on adjustment in relation to voluntary pensions. In other Nordic countries, the subject has been actively discussed in the literature, and Sweden has enacted a specific provision regarding voluntary pensions in the division of matrimonial property. The article examines this discussion and the Swedish provision and suggests means for solving potentially unreasonable situations in Finnish legislation.
The author concludes by proposing the addition of a specific provision in the Marriage Act concerning voluntary pensions in the division of matrimonial property, such as that in the Swedish Marriage Act. Alternatively, the current Finnish rule of adjustment could be amended so that voluntary pensions could be, for weighty reasons, totally or partly excluded from the marital right. In either case, further research is needed in Finland on voluntary and statutory pensions in the division of matrimonial property
Tieteidenvälisen tutkimuksen asemointi ja yhteiskunnan osasysteemit
No full textInterdisciplinary research and social systemsThe attention on multi-, cross- and interdisciplinary research (for short, interdisciplinary research) is evident today. Research that combines several disciplines aims for interaction between different fields, breaking boundaries and providing new approaches. However, the theoretical positioning of such research may be a challenge. This is because interdisciplinary research can be seen as part of jurisprudence, science, economics, politics or some other social system. At the same time, it can be a connection, a structural coupling between the different systems. The positioning affects the relevance, audience and methodology of the research. The challenge of interdisciplinary research is that the various social systems cannot see each other. In the article, the Theory of Social Systems is analysed in order to shed light on the challenges and advantages of such positioning. The theory illustrates complexity and various functions within society. Interdisciplinary research is first and foremost an internal communication of the system of science. That said, the system of science is pluralistic; it mirrors the other social systems e.g. in the fields of jurisprudence and economics. While planning and positioning an interdisciplinary research project, one is obliged to face the uncertainty of how the research will be received in various systems. The whole of the research will remain unseen for each individual system. Despite these challenges, interdisciplinary research may act as a catalyst for broader development and change that reaches several systems simultaneously.
Rikoksentekijän pyrkimys edistää rikoksensa selvittämistä – syyllisyys ja tarkoituksenmukaisuusargumentti
No full textAn offender’s attempt to further the clearing up of the offence – issues of culpability and expediencyAccording to the Criminal Code of Finland, punishments can be reduced if the offender attempts to further the clearing up of the offence (chapter 6, section 6(3)). This reason for reducing the punishment can be justified and by both the principles of appropriateness and expediency, even though the currently prevailing view tends towards the latter. The article asks whether an offender’s attempt to contribute to the investigation should be seen solely as a pragmatic issue, or should it be seen also as an issue of culpability.
The author notes that a court ought to be able to base its judgment explicitly on culpability argumentation, instead of resorting solely to pragmatic reasons. This is because the fulfilment of the provision’s objective (process economy) requires that the provision has an effect on the offender’s will to contribute and on their concrete actions. The author notes further that offenders will most probably confess in a situation where they can be certain that the confession will be taken into consideration regardless of whether they have actually resulted in process-economic benefits. This type of reasoning in the sentencing process requires reliance on deontological culpability argumentation. This is because if the sentencing consideration is based solely on expediency instead of culpability argumentation, the will and efforts of the offender will not be taken into account reliably and credibly. In other words, the offender’s will and concrete endeavours ought to be sufficient grounds for reducing the punishment, but this cannot be fully guaranteed by relying only on pragmatic expediency argumentation. Apart from the goal-oriented and pragmatic aspects of the provision, the author justifies the argument also by examining the foundations of the sentencing system (principles of proportionality and equality)
Suostumus huostaanottoon
No full textConsenting to the taking of a child into careThe article analyses the consent required for taking a child into care on a voluntary basis. According to the Finnish Child Welfare Act, a decision on taking a child into care or placement into substitute care can be made by a municipal social worker if the custodian(s) and a child of 12+ years of age do not oppose (consent to) the taking into care or placement into substitute care. In the absence of consent, the case is decided by an administrative court. In both situations, the legal implications are the same, signifying interference with the custodian’s and the child’s fundamental rights and freedoms. The analysis focuses on the validity criteria of consent in this particular context. Reference is made to the doctrine of informed consent, as there are no specific provisions on this issue in the Child Welfare Act. The article concludes with interpretations of what constitutes adequate information, how the relevant information provided can be understood, as well as the custodian’s and the child’s capacity to express consent. The most problematic criterion is the latter, as it involves an absence of coercion and undue influence. As a decision on taking a child into care may be made on a voluntary or an involuntary basis, without any difference regarding material preconditions and legal implications, any consent will inevitably be given under more or less coercion. Finally, the question arises concerning the purpose of the chance granted to the custodian and the child to consent to or to oppose the taking into care: Is the aim in the first place to safeguard the custodian’s and the child’s right of self-determination or, for example, to facilitate the future co-operation between the custodian(s) and the child welfare authority? The article is based on the idea to take the right of self-determination seriously
Psykojuridinen näkökulma tuomarin päätöksentekoon, erityisesti rangaistuksen määräämiseen
No full textDistrict Judges’ decision-making in sentencingThe authors present a multidisciplinary view of sentencing decision-making in Finnish courts of first instance (District Courts). Their aim is to provide a psychologically realistic view of a judge’s decision-making when drafting a sentence. The article describes results of foreign studies on the topic of expert decision-making, from the point of view of cognitive dual-rocess theories. These studies have revealed that irrelevant factors have effects on expert decisions, including judicial decisions. The authors look at the implications of these results on sentencing norms.
Judges as well as many other professionals generally believe that their expertise develops with experience. However, this would require their decision-making environment to be valid, i.e., stable, predictable, and such that it provides clear and timely feedback. The authors argue that judges’ decision-making environment actually is none of the above, which is why judges cannot rely on the development of their intuition via implicit learning. At worst, an expert operating in an invalid decision-making environment may develop false confidence in the quality of his or her work. Judges should develop their expertise by conscious, systematic study of the law while being aware of the effects of intuition on their work. Also legislators who draft criminal and procedural rules should be cognisant of human decision-making processes and biases.
Finland does not have much of a tradition of experimental research in the field of judicial psychology. The authors present some possible experimental settings for the future study of a judge’s decision-making in sentencing
Vankien asunnottomuus ja liikkuvuus sosiaalisen integraation haasteena: systemaattinen katsaus
No full textLack of housing and residential mobility as challenges in postrelease social integration of prisoners: A systematic reviewLack of housing among ex-prisoners is a major problem from the point of view of social integration, and possibly also relevant for desistance from crime. The place where ex-prisoners settle after release can also affect integration. Over the recent decades, the Finnish government has initiated several action plans to address these problems, yet an easily accessible policy-supporting overview of research has been lacking. In this article, the authors conduct a systematic review of research on these issues. They conducted searches in the available research published in the Nordic languages and in English. Based on the research corpus (N=91), program effects evaluations give an ambivalent picture on intervention efficacy, as evaluated projects have often incorporated also other elements than housing provision. In contrast, observational research supports the notion that lack of housing increases the risk of recidivism. Regarding both types of research, there is a shortage of work from outside the United States. The authors conclude by discussing the findings in terms of research and public policy, from a Finnish perspective. They recommend that in the future, the planning of housing-related support measures should always be preceded by a systematic review of prior research, and the incorporation of evaluation research design to the implementation of interventions