Relevant bibliographies by topics / Critical legal theory

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  1. Journal articles
  2. Dissertations / Theses
  3. Books
  4. Book chapters
  5. Conference papers
  6. Reports

Academic literature on the topic 'Critical legal theory'

Author: Grafiati
Published: 4 June 2021
Last updated: 26 January 2023

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Journal articles on the topic "Critical legal theory"

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Croissant, Jennifer L. "Critical Legal Theory and Critical Science Studies." Cultural Dynamics 12, no. 2 (2000): 223–36. http://dx.doi.org/10.1177/092137400001200206.

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Thornhill, Chris. "Critical Theory and Legal Theory—A Genealogical Study." King's Law Journal 15, no. 1 (2004): 23–43. http://dx.doi.org/10.1080/09615768.2004.11423641.

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HUNT, ALAN. "THE THEORY OF CRITICAL LEGAL STUDIES." Oxford Journal of Legal Studies 6, no. 1 (1986): 1–45. http://dx.doi.org/10.1093/ojls/6.1.1.

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Golder, Ben. "Book Review:Introduction to Critical Legal Theory." Social & Legal Studies 15, no. 1 (2006): 154–57. http://dx.doi.org/10.1177/096466390601500112.

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Herbeck, Dale A. "Critical Legal Studies and argumentation theory." Argumentation 9, no. 5 (1995): 719–29. http://dx.doi.org/10.1007/bf00744752.

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Olsen, Frances. "Liberal Rights and Critical Legal Theory." German Law Journal 12, no. 1 (2011): 234–46. http://dx.doi.org/10.1017/s2071832200016849.

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So much has been written about liberal rights and critical legal theory that many of us begin to find the topic boring. It is with some trepidation that I impose yet one more discussion of rights analysis upon the waiting - but satiated - world.
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Gaus, Daniel. "Critical theory and reconstruction: On Hauke Brunkhorst’s Critical Theory of Legal Revolutions." Philosophy & Social Criticism 41, no. 10 (2015): 995–1019. http://dx.doi.org/10.1177/0191453715595458.

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O'Brien, Sean Marie, Christian Joerges, and David Trubek. "Critical Legal Theory: An American-German Debate." American Journal of Comparative Law 38, no. 3 (1990): 723. http://dx.doi.org/10.2307/840320.

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Habermas, Jürgen. "Hauke Brunkhorst’s Critical Theory of Legal Revolutions." Social & Legal Studies 23, no. 4 (2014): 533–46. http://dx.doi.org/10.1177/0964663914545560.

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Tushnet, Mark V. "THE POST-CRITICAL FUTURE OF LEGAL THEORY." Constitutional Forum / Forum constitutionnel 2, no. 1 - 4 (2011): 1990. http://dx.doi.org/10.21991/c9q08h.

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Dissertations / Theses on the topic "Critical legal theory"

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Shen, Phoebe. "A Critical Race Theory Intervention into the Cultural Defense Debate." Scholarship @ Claremont, 2017. http://scholarship.claremont.edu/scripps_theses/911.

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The cultural defense is an informal term that describes the use of cultural information to mitigate criminal responsibility, often used in conjunction with traditional defense strategies such as provocation or insanity. Arguments for the cultural defense include respecting cultural practices under the liberal narrative that frames the United States as a multicultural and pluralistic society. Advocates of the cultural defense recognize the harmful effects of the false universalism of the law. However, the cultural defense has been criticized as essentialist and harmful as it has been used in high profile cases to justify violence against women of color. The cultural defense superficially prioritizes the needs of marginalized communities by acknowledging the importance of culture in the administration of the criminal law. The rationale behind the cultural defense is politically appealing, but the impacts of the defense are incompatible with the goals of antisubordination, which will be further described by Critical Race Theory. Because the debate surrounding the cultural defense has yet to make significant advances, I argue that Critical Race Theory offers an essential starting point in intervening in the debate, ultimately transforming the realm of legal jurisprudence through its explicit race consciousness and examination of racialized power. In particular, I will examine the concepts of intersectionality and interest convergence which will offer valuable perspective into the cultural defense debate.
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Ben-Dor, Oren Isaac Moshe. "Constitutional limits and the public sphere : a critical study of Bentham's legal and constitutional theory." Thesis, University College London (University of London), 1997. http://ethos.bl.uk/OrderDetails.do?uin=uk.bl.ethos.266077.

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Merino, Roger. "Law as field of critique and power. The politics of legal theory from Latin America." Derecho & Sociedad, 2017. http://repositorio.pucp.edu.pe/index/handle/123456789/117292.

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The dominant theoretical frameworks that define the ontological and epistemological limits of legal theory have marginalized or excluded alternatives visions on justice and social organization. Moreover, and in spite of being deeply embedded in specific political and ideological matrix, these frameworks have attempted to obscure the role of the political in the definition of its conceptual basis. The theoretical perspective that is developed in this article - and that is part of a long tradition of critical theories (in plural) - seeks to reveal the deep relation between Law and Politics and reformulate it analytically in order to propose a broad vision of the legal theory from Latin America.<br>Los marcos teóricos dominantes que definen los límites ontológicos y epistemológicos de la teoría legal han marginalizado o excluido visiones alternativas sobre la justicia y la organización social. Además, y a pesar de estar profundamente arraigados a una matriz política e ideológica determinada, estos marcos teóricos han pretendido oscurecer el rol de lo político en la definición de su base conceptual. La perspectiva teórica que se desarrolla en el presente artículo, y que es parte de una larga tradición de teorías críticas (en plural), busca revelar la profunda relación entre el Derecho y la Política, y reformularla analíticamente para proponer una visión amplia sobre la teoría legal desde América Latina.
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Ball, Matthew J. "A 'deleterious' effect? : Australian legal education and the production of the legal identity." Thesis, Queensland University of Technology, 2008. https://eprints.qut.edu.au/28601/1/Matthew_Ball_Thesis.pdf.

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A body of critical legal scholarship argues that, by the time they have completed their studies, students who enter legal education holding social ideals and intending to use their legal education to achieve social change, have become cynical about the ability of the law to do so and no longer possess such ideals. This is explained by critical scholars to be the result of a process of ideological indoctrination, aimed at ensuring that graduates uphold the narrow and conservative interests of the legal profession and capitalist society, being exercised by law schools acting as adjuncts of the legal profession, and exercised upon the passive body of the law student. By using Foucault’s work on knowledge, power, and the subject to interrogate the assumptions upon which this narrative is based, this thesis intends to suggest a way of thinking differently to the approach taken by many critical legal scholars. It then uses an analytics of government (based on Foucault’s notion of ‘governmentality’) to consider the construction of the legal identity differently. It examines the ways in which the governance of the legal identity is rationalised, programmed, and implemented, in three Queensland law schools. It also looks at the way that five prescriptive texts to ‘surviving’ law school suggest students establish and practise a relation to themselves in order to construct their own legal identities. Overall, this analysis shows that governance is not simply conducted in the profession’s interests, but occurs due to a complex arrangement of different practices, which can lead to the construction of skilled legal professional identities as well as ethical lawyer-citizens that hold an interest in justice. The implications of such an analytics provide the basis for original ways of understanding legal education, and legal education scholarship.
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Ball, Matthew J. "A 'deleterious' effect? : Australian legal education and the production of the legal identity." Queensland University of Technology, 2008. http://eprints.qut.edu.au/28601/.

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A body of critical legal scholarship argues that, by the time they have completed their studies, students who enter legal education holding social ideals and intending to use their legal education to achieve social change, have become cynical about the ability of the law to do so and no longer possess such ideals. This is explained by critical scholars to be the result of a process of ideological indoctrination, aimed at ensuring that graduates uphold the narrow and conservative interests of the legal profession and capitalist society, being exercised by law schools acting as adjuncts of the legal profession, and exercised upon the passive body of the law student. By using Foucault’s work on knowledge, power, and the subject to interrogate the assumptions upon which this narrative is based, this thesis intends to suggest a way of thinking differently to the approach taken by many critical legal scholars. It then uses an analytics of government (based on Foucault’s notion of ‘governmentality’) to consider the construction of the legal identity differently. It examines the ways in which the governance of the legal identity is rationalised, programmed, and implemented, in three Queensland law schools. It also looks at the way that five prescriptive texts to ‘surviving’ law school suggest students establish and practise a relation to themselves in order to construct their own legal identities. Overall, this analysis shows that governance is not simply conducted in the profession’s interests, but occurs due to a complex arrangement of different practices, which can lead to the construction of skilled legal professional identities as well as ethical lawyer-citizens that hold an interest in justice. The implications of such an analytics provide the basis for original ways of understanding legal education, and legal education scholarship.
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Hope, Daniel. "Social and Political Discourse in America: The Civil Republican Revival in American Legal Theory and the Critical Theory of Jurgen Habermas." Oberlin College Honors Theses / OhioLINK, 1993. http://rave.ohiolink.edu/etdc/view?acc_num=oberlin1503322236098925.

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Arntson, Margaux. "A Critical Analysis of Humanitarian Intervention as a Source of Reputational Credibility." Scholarship @ Claremont, 2018. http://scholarship.claremont.edu/cmc_theses/1958.

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Since his election into office, a cloud of uncertainty has surrounded President Trump’s foreign policy ambitions. Much of today’s scholarship concerns its unpredictable nature and scope. President Trump, like previous presidents who have come before him, entered office with very little foreign policy experience. A key feature of his non-principled, fast-alternating foreign policy is that few people know exactly what he is going to propose next in terms of his international strategy. Coupled with this strategy is Trump’s desire for international credibility and a strong reputation. This desire seems fundamentally at odds with his foreign policy strategy, as Trump proposes isolationist measures and countries learn to fear his foreign policy’s unpredictability. This paper aims to take a critical look at the role of humanitarian intervention in a country’s foreign policy. It analyses whether countries like the United States can successfully introduce humanitarian intervention as a successful foreign policy prescription. More specifically, it aims to answer the following research question: is it possible for the United States to reclaim its founding values through intervention in humanitarian crises without hindering the country’s military credibility? This paper first proposes theory, then aims to cement that theory in a real-world scenario through the analysis of a specific case study. It uses a combination of primary sources, secondary sources, and more qualitative methods of data gathering to deeply analyze the relationship between humanitarian intervention, military credibility, and the United States’ founding values. It then goes on to critically analyze the application of these findings to the genocide currently occurring in West Sudan.
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Henry, Daniella. "Reimagining Potential Life: A Socialized Right to Reproductive Freedom." Scholarship @ Claremont, 2019. https://scholarship.claremont.edu/scripps_theses/1370.

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A more conservative supreme court will likely have the chance to overrule Roe v. Wade. Many states have passed heartbeat laws that will probably be taken all the way to the supreme court, these cases will ask the supreme court to affirm fetal personhood, giving fetuses a constitutionally recognized right to due process and making abortion illegal. In this thesis, I will defend an expansion of protections for pregnant peoples through a socialized right to abortion.
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Macduff, Anne. "Advance Australia Fair? Citizenship Law, Race and National Identity in Contemporary Australia." Phd thesis, Canberra, ACT : The Australian National University, 2017. http://hdl.handle.net/1885/133589.

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Although the ‘White Australia policy’ was officially rejected over 40 years ago, this thesis argues that it continues to influence notions of belonging in Australia today. While racial exclusion from the national community was once achieved through discretionary mechanisms embedded in migration laws and policy, today, it is achieved through Australian citizenship laws and policy. This thesis critically examines the package of law reforms introduced in 2007, which subsequently became the Australian Citizenship Act 2007 (Cth) (‘ACA’). It explores the extent to which Australian citizenship law enables or limits culturally diverse expressions of belonging in a liberal, multicultural and democratic nation. The thesis is underpinned by a critical race theory approach, which understands the relationship between law and culture as mutually constitutive. That is, it sees the law as not only reflecting social norms but participating in their production and reinforcement. The thesis draws out ways that Australian citizenship laws mobilise narratives of belonging which construct a racialised Australian national imaginary. Using a range of interdisciplinary approaches (including legal analysis, Critical Discourse Analysis and critical legal geography), the thesis identifies and analyses narratives about belonging circulating in three significant fields of public discourse; legal, political and media discourse. It argues that these public discourses articulate the meaning of the legal status of citizenship through racially exclusionary narratives about Australian values and an ‘Australian way of life’. The thesis argues that Australian citizenship law is an increasingly important site used to produce and sustain a racially exclusionary national imaginary. It analyses how narratives about Australian citizenship status are increasingly articulated in opposition to migrants generally, but the Muslim Other in particular. These racialised narratives of belonging are conveyed through decisions made under the ACA. Having identified how the law mobilises narratives which produce and sustain a White national imaginary, Judith Butler’s theory of performativity is used to identify some possible citizenship counter-narratives. It concludes that, contrary to official statements, Australian citizenship status does not facilitate an inclusive notion of national belonging. Instead, it is a mechanism that produces and sustains a White national imaginary.
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Corcodel, Veronica. "Modern law and otherness : the dynamics of inclusion and exclusion in comparative legal thought." Thesis, Paris, Institut d'études politiques, 2015. http://www.theses.fr/2015IEPP0053.

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Cette thèse porte sur la pensée juridique des comparatistes euro-américains. Elle analyse les travaux d’un nombre important de comparatistes, qui ont eu une place significative au sein de la discipline en Europe et aux Etats-Unis entre les années 1860 et le début des années 2000. En examinant les représentations du monde non-occidental, elle met en avant les tensions entre l’inclusion et l’exclusion des spécificités non-occidentales, tout en insistant sur la nécessité de développer une pratique critique de résistance. En s’inspirant des théories postcoloniales, ce travail aborde les questions suivantes: comment le savoir sur les sociétés non-occidentales est-il construit dans la pensée juridique des comparatistes euro-américains ? Quelles sont les préconceptions qui facilitent la production de ce savoir ? Quel est le fondement théorique qui anime ces constructions et quelles sont leurs implications politiques ? Dans quelle mesure la pensée juridique comparative alimente-t-elle les attitudes de domination ou bien les remet-elle en question ? De quelle manière les réponses à ces questions sont-elles reproduites ou modifiées d’une époque à l’autre, d’un auteur à l’autre ?<br>This dissertation focuses on Euro-American comparative legal thought. It analyses the works of an important number of comparatists operating in Europe and in the United States, roughly from the 1860s to the early 2000s. Examining their representations of non-Western societies, it puts emphasis on the tensions between inclusion and exclusion of particularism and it argues in favor of a critical praxis of particularism. Inspired from postcolonial theories, it addresses the following questions: how are non-Western societies constructed in Euro-American comparative legal thought? What are the preconceptions that make the production of such knowledge possible? What is the theoretical framework that animates these constructions and what are their political implications? What elements internal to comparative legal knowledge fuel attitudes of domination or/and challenge them? How do they change and how are they reproduced from one epoch to another, from one author to another?
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Books on the topic "Critical legal theory"

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Critical legal positivism. Ashgate, 2002.

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Ian, Ward. Introduction to critical legal theory. 2nd ed. Cavendish Pub., 2004.

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Critical legal theory: Critical concepts in law. Routledge, 2011.

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Ian, Ward. An introduction to critical legal theory. Cavendish Pub., 1998.

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Rhetorical knowledge in legal practice and critical legal theory. University of Alabama Press, 2006.

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Luban, David. Legal theory and the modernist predicament. Faculty of Law, University of Toronto, 1992.

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Jean, Stefancic, ed. Critical race theory: An introduction. New York University Press, 2001.

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Jean, Stefancic, ed. Critical race theory: An introduction. 2nd ed. New York University Press, 2011.

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Mamidi, Pavan K. A critical evaluation of Prof. Roberto Unger's legal theory. Indian Institute of Management Bangalore, 1998.

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Gies, Lieve. Autopoiesis and discourse in legal theory: A critical inquiry. University of Birmingham, 1997.

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Book chapters on the topic "Critical legal theory"

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Bauman, Richard W. "Legal Theory." In Critical Legal Studies. Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-7.

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McLeod, Ian. "Critical Perspectives on Law." In Legal Theory. Macmillan Education UK, 1999. http://dx.doi.org/10.1007/978-1-349-14269-9_9.

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Tushnet, Mark V. "Critical Legal Theory." In The Blackwell Guide to the Philosophy of Law and Legal Theory. Blackwell Publishing Ltd, 2008. http://dx.doi.org/10.1002/9780470690116.ch5.

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Bauman, Richard W. "Critical Race Theory." In Critical Legal Studies. Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-23.

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Bauman, Richard W. "Social Theory." In Critical Legal Studies. Routledge, 2021. http://dx.doi.org/10.4324/9780429044793-28.

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Binder, Guyora. "Critical Legal Studies." In A Companion to Philosophy of Law and Legal Theory. Wiley-Blackwell, 2010. http://dx.doi.org/10.1002/9781444320114.ch16.

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Davies, Margaret. "Doing critical-socio-legal theory." In Routledge Handbook of Socio-Legal Theory and Methods. Routledge, 2019. http://dx.doi.org/10.4324/9780429952814-6.

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Ailwood, Sarah. "Jane Austen, Feminist Legal Philosopher." In Jane Austen and Critical Theory. Routledge, 2021. http://dx.doi.org/10.4324/9781003181309-13.

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Broekman, Jan M., and Larry Catà Backer. "Legal Theory and Semiotics: The Legal Semiotics Critical Approach." In Lawyers Making Meaning. Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-5458-4_10.

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Kloosterhuis, Harm. "The Rule of Law and the Ideal of a Critical Discussion." In Legal Argumentation Theory: Cross-Disciplinary Perspectives. Springer Netherlands, 2012. http://dx.doi.org/10.1007/978-94-007-4670-1_5.

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Conference papers on the topic "Critical legal theory"

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Trofimov, Vasily. "On shaping the constitutional principles and understanding the nature of their effectiveness in the legal life of society." In East – West: Practical Approaches to Countering Terrorism and Preventing Violent Extremism. Dela Press Publishing House, 2022. http://dx.doi.org/10.56199/dpcshss.uuls2668.

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The theory of shaping the constitutional principles as the leading principles of law in a multi-level pyramid of legal forms (in fact, the theory of the legal form of the highest level) is set forward. The dialectical approach, the method of rising from the abstract to the concrete in understanding the regular law formation processes, the theory of factors, the theory of law formation, the critical reflection method, comparative analysis, systemic and sociological-legal approaches were used as the methodological foundations of the research. Two main groups of approaches to understanding the nature of the principles of constitutional law, namely subjective-right-positivist and objective-social ones, are presented. The subjective-legal positivist approach to the problem of the emergence of the principles of law in general and the principles of constitutional law, in particular, is critically assessed. It is noted that the objective-social approach to understanding the nature of the principles of law is more true; it allows to answer the question of the unconditional effectiveness of constitutional principles in the legal life of society, despite changing market circumstances in politics, economics etc. It is argued that shaping the constitutional principles is based on the most powerful and fundamental factors in the development of social and legal life. Some examples with the principles of the priority of human and civil rights and freedoms, the rule of law, the concept of separation of powers etc. are given. It is concluded that the principles of law express the objective laws of social and legal life and this gives them inviolability and all-time practical significance.
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Tallova, Lydie. "ANTICIPATORY LITERARY PLAGIARISM AS PHENOMENON CHANGING COPYRIGHT PARADIGM." In NORDSCI Conference Proceedings. Saima Consult Ltd, 2021. http://dx.doi.org/10.32008/nordsci2021/b1/v4/16.

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The contribution introduces the theory of anticipatory or foreseen plagiarism which should prompt us to reexamine the existing copyright paradigm. The literary anticipation theory creates a hypothesis that some authors to outlive their time due to their literary style or thematic vision and in the process, allegedly “robbing the literary treasury” of authors living and writing centuries later. The foreseen plagiarism theory transcends time and space which allows for an understanding of the mechanisms responsible for the overflow of the literary gene among authors living in different centuries. This article contrasts anticipatory plagiarism with the plagiarism concept of unauthorized and deliberate copying of a work in the past. The article morally assesses different types of plagiarism, therefore explaining the nature of copyright consequences. The legal definition of the concept of plagiarism and its depiction as a social offense the legal consequences of which may affect various areas of the private law, have, in the context of this work, a platform function providing space for developing the hypothesis on the possible existence of another literary phenomenon defined as anticipatory plagiarism. The anticipatory plagiarism theory destroys the inflexible conception of temporal impact which serves as a symbolic key to decoding the context of the development of a number of important but controversial (in terms of authorship) works of world literary heritage. This contribution focuses on clarifying the possible nature of the phenomenon in question while demonstrating the need for reexamination of the existing concept of literary history and the plagiarism phenomenon (in terms of copyright) through the introduction of circumstances discovered. The topic of literary plagiarism is presented in a historical, legal, psychological and economic contexts. The author further develops the anticipatory plagiarism theory described by the French literature professor Pierre Bayard and adds an additional attribute, thus constructing a new legal doctrine with the potential to confirm the nature of the investigated phenomenon. Anticipatory plagiarism in described as a phenomenon on the edge of paranormal phenomena while providing empirical evidence of its existence. The text takes into account the critical approach to the issue in question offering ideal conditions for factual debate and approaching the topic at hand as objective and comprehensively incorporated.
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Georges, Fanny. "Une éthique énonciative des concepts socionumériques face à la naturalisation du numérique dans la société ?" In 2ème Colloque International de Recherche et Action sur l’Intégrité Académique. « Les nouvelles frontières de l’intégrité ». IRAFPA, 2022. http://dx.doi.org/10.56240/cmb9909.

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How to observe the process of naturalization to take it into account in an academic enunciative ethics? This article presents a problematization of the naturalization of socio-digital concepts in the context of conflicts of interest, of an epistemic order, specific to the academic eristic framing of digital technologies. . This problematization is implemented, by a definition of the ethical values and academic integrity of critical research on socio-digital devices (section 2), and the presentation of a case study of work on the algorithm in France (section 3), in a sociosemiotic approach based on grounded theory. It points to a paradoxical phenomenon: the critical function of academic research and university teaching on the uses of digital technologies is threatened by the interdisciplinary implications specific to their social, legal, economic and political issues.
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Heinz, Manuela, Mary Fleming, Pauline Logue, and Joseph McNamara. "Collaborative learning, role play and case study: Pedagogical pathways to professionalism and ethics in school placement." In Learning Connections 2019: Spaces, People, Practice. University College Cork||National Forum for the Enhancement of Teaching and Learning in Higher Education, 2019. http://dx.doi.org/10.33178/lc2019.26.

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Teachers are moral agents. Acting professionally in loco parentis teachers have a legal and moral duty of care to students (DES, 2017). Moreover, they can be regarded as moral ‘role models’ (Bergen, 2006; Lumpkin, 2013). Professional codes of practice assist teachers in their moral agency (Alberta Teachers’ Association, 2004; CDET, 2017; DfE, 2011; Education Council, 2017; Teaching Council, 2012; 2016; World Class Teachers, 2017). In conjunction with official codes of conduct, TE ethics programmes contribute to the development of “a moral language” and raise awareness of moral agency in teaching (Shapira-Lishchinsky, 2010). In 2014 the National University of Ireland, Galway (NUIG) and the Galway-Mayo Institute of Technology (GMIT) jointly developed a cross-institutional training programme entitled ‘The Ethical Teacher Programme’, designed to facilitate student teachers to reflect upon professionalism and ethics during School Placement. The programme incorporated both a study of the Teaching Council Code of Professional Conduct for Teachers (Code) (2012) and explorations of selected ethical ‘case studies’ in teaching, using collaborative learning (CL) and role play strategies. The ‘ethical dilemma’ approach employed mirrored literature studies (Colenerud, 1997; Husu &amp; Tiri, 2003; Klassen, 2002). Unique to the approach, however, was the method of application of selected classical and contemporary ethical philosophies to moral dilemmas in teaching. The programme was designed to include a one-hour introductory lecture on professionalism and ethics (from the perspectives of moral literacy and ethical theory) followed by a two-hour applied workshop. The workshop employed student-centred, active teaching and learning methods, specifically, collaborative learning, role play and case study analysis. Six ethical philosophical principles (or ‘lenses’) were integrated into programme delivery - teleology, deontology, virtue ethics, justice ethics, care ethics and relationality ethics. These lenses were applied to real-world teaching case studies. One cohort to which this training programme is offered annually is the student teachers on the Professional Master of Education (PME) programme in NUIG. The PME cohort (2015-2016) is the focus of the present study. The study sought a critical reflection on, and evaluation of, this training programme, from a student perspective. This study is phase one of a larger on-going study.
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Stanković, Gordana, and Marijana Dukić Mijatović. "PRUŽANjE BESPLATNIH PRAVNIH USLUGA." In XV Majsko savetovanje: Sloboda pružanja usluga i pravna sigurnost. University of Kragujevac, Faculty of Law, 2019. http://dx.doi.org/10.46793/xvmajsko.411s.

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The right to free legal aid, guaranteed by the Constitution, is operationalized by the provisions of the Law on Free Legal Aid (2018), which provides for the legal owners of this right and the conditions under which it is acquired, the procedure for granting free legal aid and the right to remedy if the same is not approved, types of free legal services, providers of free real aid and free legal support, supervision of their work, control of the provision of services and financing of free legal aid. The paper critically analyzes certain legal provisions regulating this institute.
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Dwivedi, Vimal. "Case Studies of Contractual (Legal) Automation Using Smart Contracts." In Construction Blockchain Conference 2021. Design Computation, 2021. http://dx.doi.org/10.47330/cbc.2021.eocj4680.

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Smart contracts are a key component of today’s blockchains. They are critical in controlling decentralized autonomous organizations (DAO). However, smart contracts are not yet legally binding nor enforceable; this makes it difficult for businesses to adopt the DAO paradigm. Therefore, this study reviews existing Smart Contract Languages (SCL) and identifies properties that are critical to any future SCL for drafting legally binding contracts. This is achieved by conducting a Systematic Literature Review (SLR) of white- and grey literature published between 2015 and 2019. Using the SLR methodology, 45 Selected and 28 Supporting Studies detailing 45 state-of-the-art SCLs are selected. Finally, 10 SCL properties that enable legally compliant DAOs are discovered, and specifications for developing SCLs are explored.
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Mikhnev, Ilia Pavlovich, and Svetlana Vladimirovna Mikhneva. "Ensuring the security of critical information infrastructure: the powers of the federal government bodies of the Russian Federation." In International Research-to-practice conference. Publishing house Sreda, 2019. http://dx.doi.org/10.31483/r-32617.

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The article discusses the competences and powers of the state authorities of the Russian Federation within their legal status in the field of ensuring the security of critical information infrastructure. Some functions and authorities in the field of information security have changed in a number of federal executive bodies. In particular, the Federal Security Service, on the basis of a presidential decree, is authorized to create a state system for detecting, preventing and eliminating the consequences of computer attacks on information resources of the Russian Federation. However, not all rights and obligations are enshrined; a number of powers cause the duality of the legal status of certain federal bodies of state power. The clarity and unambiguity of securing the rights and obligations of state bodies authorized in the field of information security are guarantees for effectively ensuring the security of important information infrastructure facilities.
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Mikštienė, Ruta, and Violeta Keršulienė. "Legal decision support system application possibility in corporate governance." In Business and Management 2016. VGTU Technika, 2016. http://dx.doi.org/10.3846/bm.2016.39.

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Decision-making that must be supported by specific information or reasoning extensively relies on decision support systems, capable of handling data from multiple sources. Most decision-makers seek to find cost-effective solutions, i.e. mainly focusing on most efficient solutions in economic terms, consequently, it is the economic information that is basically processed and offered for decision-making process by decision support systems, along with economic models. Though businesses focus on the most rational solutions to the management process, other criteria also play an important role, including time costs, confidentiality, and friendly relations with service users, customers, partners and government agencies, etc., thus management decision-making may successfully rely on legal decision support systems. The article presents an overview of legal decision support systems and their potential as regards their application in addressing a wide array of business management issues. The article also focuses on the selection and screening of indicators critical to decision-making, and offers a potential structure for management decision- making.
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Matić, Dejan. "ZAKON O VISOKOM OBRAZOVANjU I AUTONOMIJA UNIVERZITETA." In 14 Majsko savetovanje. University of Kragujevac, Faculty of Law, 2018. http://dx.doi.org/10.46793/xivmajsko.745m.

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This paper examines the problem of autonomy of higher education institutions in the context of the current Law on Higher Education. The current situation in our higher education requires an analysis of exactly those positive legal norms that regulate the relations of the organs of executive authorities and higher education institutions, that is, their organs. In addition, the need for such a critical consideration, in itself, arises from the undoubted and immeasurable general importance that the service activity in higher education, in the nature of things, completely objectively possesses. It is precisely for the above reasons that this paper is dedicated to the critical analysis of the positive legal regulations, as well as pointing out the possible directions for overcoming similar problems in the future, so that the service activity in the field of higher education will have the necessary stability.
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Babii, Alexandra-Niculina. "THE USE OF CRITICAL THINKING AGAINST FAKE NEWS." In NORDSCI International Conference. SAIMA Consult Ltd, 2020. http://dx.doi.org/10.32008/nordsci2020/b1/v3/14.

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The digital era has determined a very easy creation and propagation of fake news. As a consequence, it has become harder for people to fight this malicious phenomenon. However, the only weapon that can have results in this informational war is critical thinking. But who should use it? The creators of fake news that do this for different reasons? The social platforms that allow the circulation of fake news with ease? Mass media which does not always verify with much attention and rigour the information they spread? The Governments that should apply legal sanctions? Or the consumer that receives all the fake news, him being the final target? Even if critical thinking would be useful for every actor on fake news’ stage, the one who needs it the most is the consumer. This comes together with the big responsibility placed on his shoulders. Even if others are creating and spreading disinformation, the consumer must be aware and be careful with the information he encounters on a daily basis. He should use his reasoning and he should not believe everything just because it is on the Internet. How can he do that? Critical thinking seems to be a quite difficult tool to use, especially for non-specialized individuals. This paper’s aim is to propose a simplified model of critical thinking that can contribute to detecting fake news with the help of people’s self judgement. The model is based on theories from Informal Logic considering the structure of arguments and on Critical Discourse Analysis theories concerning the patterns found in the content of the information.
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Reports on the topic "Critical legal theory"

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Greenberg, Jane, Samantha Grabus, Florence Hudson, et al. The Northeast Big Data Innovation Hub: "Enabling Seamless Data Sharing in Industry and Academia" Workshop Report. Drexel University, 2017. http://dx.doi.org/10.17918/d8159v.

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Increasingly, both industry and academia, in fields ranging from biology and social sciences to computing and engineering, are driven by data (Provost &amp; Fawcett, 2013; Wixom, et al, 2014); and both commercial success and academic impact are dependent on having access to data. Many organizations collecting data lack the expertise required to process it (Hazen, et al, 2014), and, thus, pursue data sharing with researchers who can extract more value from data they own. For example, a biosciences company may benefit from a specific analysis technique a researcher has developed. At the same time, researchers are always on the search for real-world data sets to demonstrate the effectiveness of their methods. Unfortunately, many data sharing attempts fail, for reasons ranging from legal restrictions on how data can be used—to privacy policies, different cultural norms, and technological barriers. In fact, many data sharing partnerships that are vital to addressing pressing societal challenges in cities, health, energy, and the environment are not being pursued due to such obstacles. Addressing these data sharing challenges requires open, supportive dialogue across many sectors, including technology, policy, industry, and academia. Further, there is a crucial need for well-defined agreements that can be shared among key stakeholders, including researchers, technologists, legal representatives, and technology transfer officers. The Northeast Big Data Innovation Hub (NEBDIH) took an important step in this area with the recent "Enabling Seamless Data Sharing in Industry and Academia" workshop, held at Drexel University September 29-30, 2016. The workshop brought together representatives from these critical stakeholder communities to launch a national dialogue on challenges and opportunities in this complex space.
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Wærp, Eline. ‘Shifting Borders’ and Shifting Responsibility? Towards a More Just Model of Global Mobility MIM Working. Malmö University, 2022. http://dx.doi.org/10.24834/isbn.9789178772902.

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This working paper critically examines Ayelet Shachar’s (2020) concept of the ‘shifting border’ and the solutions she proposes to tackle this recent phenomenon, pointing out potential gaps, inconsistencies and unintended consequences of letting legal responsibility follow states’ ‘shifting borders’. Instead, the paper argues for the need to deterritorialize the right to asylumin order to prevent states from retracting back from or shifting out their responsibilities for refugees and migrants, and to question and ultimately relax our current state-imposed mobility controls which have come to be largely taken for granted, even among migration and border scholars.
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Megersa, Kelbesa. Alternative Systems for Managing Financial Transactions in Humanitarian Crises. Institute of Development Studies (IDS), 2021. http://dx.doi.org/10.19088/k4d.2021.136.

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Restrictions on the banking sector are having a growing adverse impact on the flow of funds to humanitarian agencies and assisting communities affected by humanitarian crises has also become much more difficult and costly. Delays, refusals of transactions by financial institutions and outright bank account closures worsen humanitarian crises by delaying aid distribution response times. The inability to channel funds and critical financial services into countries in humanitarian crisis prevents life-saving humanitarian assistance from reaching those who need it most. The absence of legal transfer channels means the financing vacuum is often filled by illicit means, which can facilitate the spread of crime and corruption (ODI, 2021). Humanitarian organisations have turned to a variety of transaction channels due to disruptions in legitimate transfer mechanisms. Without these alternative money transfer channels humanitarian organisations have been unable to run some parts of their programming. These alternatives means of obtaining funds requires humanitarian organisations to enter into less regulated financial agreements that are not subject to international standards.
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Greenhill, Lucy. MASTS ‘Brexit’ event – summary report. Marine Alliance for Science and Technology for Scotland (MASTS), 2017. http://dx.doi.org/10.15664/10023.25094.

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Background. As negotiations continue in relation to the UK’s departure from the European Union, considerable uncertainty remains around the final structure of any deal and the implications across all policy areas. Maritime issues are of key concern in Scotland and numerous reports and opinions are accumulating, highlighting significant areas of concern, ranging from fisheries to decommissioning, and some potential opportunities. There is a critical need for knowledge and capacity to support and influence the on-going negotiation process, at both the Scottish and UK level. Expertise regarding the broad range of marine research, operations and commerce is in demand to support discussion, promote interests and secure advances where possible. Such discussion must be based on the best available science but taking into account the socio-economic and historical context. The Marine Alliance for Science and Technology for Scotland1 (MASTS) is supporting this discussion, providing scientific expertise and promoting the development of emerging policy and progress towards sustainable marine management, during the transition period and for the post-departure UK organisation. This workshop, supported by MASTS, brought government and academia together to consider the legal, governmental and research framework under which Brexit is taking place and to identify priority areas and activities where information can be shared and options considered for enhancing scientific support for the Brexit process. The objectives were to: • Understand current status of Brexit with respect to marine systems and research capacity, including the legislative framework • Identify the priority gaps in knowledge • Develop ways to enhance communication pathways for the best scientific advice required to support the Brexit process.
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Rethinking Forest Regulations: Overcoming the challenges of regulatory reform. Rights and Resources Initiative, 2016. http://dx.doi.org/10.53892/bhec5247.

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This brief is directed towards public forest sector policy and decision makers involved with the regulation and oversight of natural and regenerated forests. As such, it speaks to a narrow but extremely critical area of forest governance: forest regulations and regulatory processes as instruments and vehicles for achieving sustainable forest management (SFM) objectives. Many of the drivers and factors that mitigate against SFM lie outside the forest sector, such as forest conversion for agriculture; it is neither the purpose nor the intention of this piece to attempt to address these. Here, the intent is to focus upon issues that normally would lie within the legal mandate of public forest sector agencies and thus, within the possibilities of their leaders to affect change.
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Securing Rights, Combatting Climate Change: How strengthening community forest rights mitigates climate change. Rights and Resources Initiative, 2014. http://dx.doi.org/10.53892/chet6628.

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The international community agrees on the urgent need to reduce greenhouse gas emissions from deforestation and forest degradation. With 13 million hectares of forest cleared every year, such efforts are critical to curbing climate change before it reaches a dangerous tipping point. But we are missing a vital opportunity to combat climate change—strengthening the land and resource rights of Indigenous Peoples and local communities whose well-being is tied to their forests. This publication analyzes the growing body of evidence linking community forest rights with healthier forests and lower carbon dioxide emissions from deforestation and forest degradation. It presents a compelling case for expanding and strengthening community forest rights based on evidence drawn from comparative studies, advanced quantitative research, case studies, and original deforestation and carbon analyses by the World Resources Institute. The findings center on examples from 14 forest-rich countries in Latin America, Africa, and Asia. Together, these countries contain about 323 million hectares of government-recognized community forest —68 percent of the estimated total in all low- and middle-income countries—as well as large areas of community forests without legal or official recognition. Our analysis focuses on the links between legal community forest rights (or lack thereof), the extent of government protection of those rights, and forest outcomes.
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Significance of Community-Held Territories in 24 Countries to Global Climate. Rights and Resources Initiative, 2021. http://dx.doi.org/10.53892/ybgf2711.

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This research provides a timely reminder of the global significance of community-held lands and territories; their importance for the protection, restoration, and sustainable use of tropical forestlands across the world; and the critical gaps in the international development architecture that have so far undermined progress towards the legal recognition of such lands and territories. Our findings indicate that Indigenous Peoples, Afro-Descendant Peoples, and local communities customarily hold and use at least 958 million hectares (mha) of land in the 24 reviewed countries but have legally recognized rights to less than half of this area (447 mha). Their lands are estimated to store at least 253.5 Gigatons of Carbon (GtC), playing a vital role in the maintenance of globally significant greenhouse gas sinks and reservoirs. However, the majority of this carbon (52 percent, or 130.6 GtC) is stored in community-held lands and territories that have yet to be legally recognized.
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Gender Inequalities and Demographic Behavior: Egypt. Population Council, 1994. http://dx.doi.org/10.31899/pgy1994.1010.

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This is one of three reports on the relationship between gender equity, family structure and dynamics, and the achievement of reproductive choice prepared by the Population Council for the 1994 International Year of the Family and the 1994 International Conference on Population and Development. These reports provide critical reviews of the relationship between gender inequality and demographic behavior in three demographically significant, culturally distinct parts of the developing world: Egypt, India, and Ghana and Kenya. Their purpose is to help governments and international agencies design and implement policies that are affirmative of women, sensitive to the family's central role in resource allocation and distribution, and effective in achieving broad-based population and development goals. The objectives of this report are to examine the legal, social, and policy context in which gender relations operate in Egypt and to better understand the links between gender dynamics and reproductive behavior.
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