To see the other types of publications on this topic, follow the link: Dental jurisprudence.
Journal articles on the topic 'Dental jurisprudence'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Dental jurisprudence.'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
Shashibhushan, K. K., V. V. Subba Reddy, Sathyajith Naik, and Deepa Benni. "DENTAL ETHICS AND JURISPRUDENCE–A REVIEW." CODS Journal of Dentistry 3, no. 1 (2011): 32–35. http://dx.doi.org/10.5005/cods-3-1-32.
Full text
2
R. K. Swetha, R. Sobana, M. R. C. Rajeshwari, B. Prem karthick, and Gnanambigai. "Knowledge of dental ethics and jursiprudence among dental professionals." Magna Scientia Advanced Research and Reviews 8, no. 1 (May 30, 2023): 061–64. http://dx.doi.org/10.30574/msarr.2023.8.1.0068.
Full textAbstract:
Aim: To assess the knowledge of dental ethics and jurisprudence among dental professionals. Background: Ethics is the study of the ideal human character and conduct in circumstances when a distinction between right and wrong should be made. Dental jurisprudence is a set of legal regulations set forth by each state's legislature describing the legal limitations and regulations related to the practice of dentistry. Materials and methods: The present study is a descriptive cross-sectional survey of 324 dental practioners, including students from CRI. A self-structured, close-ended questionnaire was administered that consisted of 15 questions was included. The questions were created through an online google form, and it was circulated among the study participants through online mode. With the use of statistical analysis tool SPSS software, the data were collected in a systematic manner. Results: The present study is a descriptive cross-sectional survey of 324 dental practioners, including students from CRI. In the current study, over 91% of the participants have stated that dental ethics deals with moral studies of dentists towards his colleagues, patients and society, while 40% of the participants stated that COPRA act is not applicable to hospitals that provide free treatment Conclusion: The current study brought attention to dental practioners and show lack of knowledge in dental ethics and law. It highlights the need for further educational initiatives and curriculum revisions that put an emphasis on morality, jurisprudence, and legal issues relevant to clinical practise.
3
Choi, Yu-Ri, Hye-Yeon Seo, Eun-Ju Ryu, and Eun-Mi Choi. "Dental Hygienists’ Awareness of Medical Technician Jurisprudence." Journal of Dental Hygiene Science 16, no. 6 (December 31, 2016): 495–501. http://dx.doi.org/10.17135/jdhs.2016.16.6.495.
Full text
4
MacGregor, A. J. "Handbook of dental jurisprudence and risk management." Journal of Dentistry 17, no. 3 (June 1989): 153–54. http://dx.doi.org/10.1016/0300-5712(89)90124-3.
Full text
5
Curley, Arthur W. "Dental Implant Jurisprudence: Avoiding the Legal Failures." Journal of the California Dental Association 29, no. 12 (December 1, 2001): 847–52. http://dx.doi.org/10.1080/19424396.2001.12223246.
Full text
6
Mghabar, Mohammed. "Jurisprudence of priorities, and an inventory of definitions." International Uni-Scientific Research Journal 4, no. 1 (2023): 37–40. http://dx.doi.org/10.59271/s44867-023-2047-7.
Full textAbstract:
The jurisprudence of priorities, a new term that hardly exceeds fifty years, but it was and still is present in all aspects of life, but it was not marked as jurisprudence or an independent scientific field. As usual with all sciences, especially jurisprudential ones, several sub-fields descended from them, such as the jurisprudence of reality, the jurisprudence of the stage, and so on, due to an urgent necessity for people and jurists alike. It is possible to imagine an analogy for this matter, for the medical sciences, for example, dentistry became independent of the medical profession, due to its sterility and its compatibility with the alternative dental industry, but with time other characteristics appeared, such as dental surgery and orthodontics, and other specializations may appear, depending on time and place. This research is concerned with an inventory of definitions of the jurisprudence of priorities, linguistically, idiomatically, and Sharia, and an inventory of some of the literature on this art, so that the researcher finally concludes with a brief definition that enables researchers, male and female, to pay attention and concern with this topic.
7
Kesavan, R., AVinita Mary, M. Priyanka, and B. Reashmi. "Knowledge of dental ethics and jurisprudence among dental practitioners in Chennai, India: A cross-sectional questionnaire study." Journal of Orofacial Sciences 8, no. 2 (2016): 128. http://dx.doi.org/10.4103/0975-8844.195915.
Full text
8
Indumathy Pandiyan, Meignana Arumugham Indiran, Pradeep Kumar Rathinavelu, and Arthi Balasubramaniam. "Awareness and Perception towards Dental Ethics and Ethical Dilemmas among Dental Professionals -A Cross-Sectional Study." International Journal of Research in Pharmaceutical Sciences 11, no. 4 (December 21, 2020): 7805–10. http://dx.doi.org/10.26452/ijrps.v11i4.3976.
Full textAbstract:
Dentists are one among the medical professionals who often encounter complex ethical issues. Playing the role of a health professional, business enterpriser and academician they often run into specific and conflicting ethical demands in practice and research. This cross-sectional study was conducted among dental professionals attached to educational institutions and private practitioners. A total of 95 participants, including private practitioners, faculty members, and post-graduate students, were recruited. A pre-validated, questionnaire containing questions related to awareness and perception in dental ethics was administered. Descriptive statistics was done to report the level of awareness and perception of dental professionals. About 65% of post-graduate professionals had awareness in clinical ethics when compared to undergraduate professionals who had 58% awareness. However, 75% of undergraduate professionals had awareness in research ethics compared to post-graduate professionals with 70% awareness. There was no difference in the perception level among graduate and post-graduate professionals. The awareness of dental ethics varied among dental professionals. There is a need to introduce specific continuing dental educational (CDE) programs to promote knowledge on dental ethics and dental jurisprudence to save dentist and their patients from encountering uneventful situations.
9
Indumathy Pandiyan, Meignana Arumugham Indiran, Pradeep Kumar Rathinavelu, and Arthi Balasubramaniam. "Awareness and Perception towards Dental Ethics and Ethical Dilemmas among Dental Professionals -A Cross-Sectional Study." International Journal of Research in Pharmaceutical Sciences 12, no. 1 (January 6, 2021): 186–91. http://dx.doi.org/10.26452/ijrps.v12i1.3976.
Full textAbstract:
Dentists are one among the medical professionals who often encounter complex ethical issues. Playing the role of a health professional, business enterpriser and academician they often run into specific and conflicting ethical demands in practice and research. This cross-sectional study was conducted among dental professionals attached to educational institutions and private practitioners. A total of 95 participants, including private practitioners, faculty members, and post-graduate students, were recruited. A pre-validated, questionnaire containing questions related to awareness and perception in dental ethics was administered. Descriptive statistics was done to report the level of awareness and perception of dental professionals. About 65% of post-graduate professionals had awareness in clinical ethics when compared to undergraduate professionals who had 58% awareness. However, 75% of undergraduate professionals had awareness in research ethics compared to post-graduate professionals with 70% awareness. There was no difference in the perception level among graduate and post-graduate professionals. The awareness of dental ethics varied among dental professionals. There is a need to introduce specific continuing dental educational (CDE) programs to promote knowledge on dental ethics and dental jurisprudence to save dentist and their patients from encountering uneventful situations.
10
Brinda, B., PD Madan Kumar, Shyam Sivasamy, and INanda Balan. "Knowledge, attitude, and practice of advocates regarding dental jurisprudence in Chennai: A cross-sectional study." Journal of Education and Ethics in Dentistry 6, no. 1 (2016): 45. http://dx.doi.org/10.4103/jeed.jeed_7_15.
Full text
11
Hinaz, Nashwah. "Knowledge of Dental Ethics and Jurisprudence Among Endodontists In Chennai, India: A Cross-Sectional Questionnaire Study." Bioscience Biotechnology Research Communications 13, no. 7 (August 25, 2020): 505–12. http://dx.doi.org/10.21786/bbrc/13.7/85.
Full text
12
عساكر, مدحت عبد العزيز عبد. "تجميل الأسنان في ميزان الفقه الإسلامي دراسة مقارنة Dental Beautification In The Balance Of Islamic Jurisprudence, (A Comparative Study)." مجلة البحوث الفقهية والقانونية 44, no. 44 (January 1, 2024): 571–668. http://dx.doi.org/10.21608/jlr.2024.254882.1334.
Full text
13
Wijaya, Sandra. "ANALISIS PENYEBAB TERJADINYA PENYIMPANGAN WEWENANG TUKANG GIGI/ AHLI GIGI BERDASARKAN PERMENKES NOMOR 39 TAHUN 2014 TENTANG PEMBINAAN, PENGAWASAN DAN PERIZINAN, PEKERJAAN TUKANG GIGI." Iqtishaduna: Jurnal Ilmiah Mahasiswa Hukum Ekonomi Syari'ah 2, no. 3 (December 14, 2020): 1. http://dx.doi.org/10.24252/iqtishaduna.v2i3.18019.
Full textAbstract:
AbstrakTukang gigi merupakan orang yang memiliki kemampuan membuat dan memasang gigi tiruan lepasan yang terbuat dari bahan akrilik, berdasarkan Peraturan menteri kesehatan Nomor 39 Tahun 2014 tentang Ahli Gigi. Fakta di lapangan menunjukan pembatasan wewenang tukang gigi tidak sejalan dengan keadaan, di mana permintaan dari masyarakat menengah ke bawah tidak dapat di hindarkan. Fokus bahasan ini mengarah pada penyebab terjadinya penyimpangan wewenang tukang gigi/ ahli gigi berdasarkan peraturan Menteri Kesehatan nomor 39 tahun 2014 tentang pembinaan, pengawasan dan perizinan, pekerjaan tukang gigi. Tujuan penelitian ini adalah mengkaji penyebab terjadinya penyimpangan yang di lakukan tukang gigi berdasarkan Peraturan Menteri Kesehatan Nomor 39 Tahun 2014 tentang Pembinaan, Pengawasan, dan Perizinan Pekerjaan Tukang Gigi. Penelitian yang dilakukan oleh penulis yaitu secara normatif dengan pendekatan Statue Approach perundang-undangan dilakukan dengan mengkaji berbagai peraturan perundang-undangan atau yurisprudensi terkait isu hukum yang di teliti. Hasil penelitian ini, dalam menentukan faktor penyebab penyimpangan ialah faktor ekonomi masyarakat, keadaan tanpa adanya pengawasan dari Dinas Kesehatan, ketentuan yang di canangkan menjadi penyebab penyimpangan para tukang gigi. Dinas Kesehatan belum memiliki program yang terstruktur untuk menanggulangi permasalahan tersebut.Kata Kunci: Penyimpangan, Tukang Gigi, Wewenang.AbstractA dentist is a person who has the ability to make and install removable dentures made of acrylic material, based on the Minister of Health Regulation No. 39/2014 on Dentists. The facts in the field show that limiting the authority of dental artisans is not in line with the situation, where requests from the middle and lower classes cannot be avoided. The focus of this discussion is directed at the causes of deviations in the authority of dental artisans / dentists based on the Minister of Health regulation number 39 of 2014 concerning coaching, supervision and licensing, dental work. The purpose of this study was to examine the causes of irregularities committed by dental artisans based on the Minister of Health Regulation Number 39 of 2014 concerning Dentist Work Guidance, Supervision and Licensing. Research conducted by the author is a normative approach to the statutory Statue Approach by examining various statutory regulations or jurisprudence related to the legal issues under study. The results of this study, in determining the factors that cause deviation are the economic factors of the community, the situation without supervision from the Health Office, the provisions that have been announced are the causes of deviations by dental artisans. The Health Office does not yet have a structured program to deal with these problems.Keywords: Authority, Dentist, Deviation.
14
Botassini, Mariana, Pollyanna Monalisa Uchelli Bernardelli, Júlia Jacovós Moszko, Anna Flávia Dal Santos da Silva, Larissa Haruna Matsukuma, Amanda Cordeiro Leao, Bruna Bertol de Oliveira Margonar, Fernado Accorsi Orosco, and Gustavo Henrique Franciscato Garcia. "SURVEY AND ANALYSIS OF THE JURISPRUDENCE OF THE COURT OF JUSTICE OF THE STATE OF PARANÁ CONCERNING THE CIVIL LIABILITY OF DENTAL SURGEONS." International Journal of Health Science 3, no. 76 (September 21, 2023): 2–9. http://dx.doi.org/10.22533/at.ed.1593762320091.
Full text
15
Castan, Melissa, and Sue Kee. "The Jurisprudence of Denial." Alternative Law Journal 28, no. 2 (April 2003): 83–87. http://dx.doi.org/10.1177/1037969x0302800207.
Full text
16
Hodgetts, Matthew, and Kevin McGravey. "Climate Change and the Free Marketplace of Ideas?" Environmental Values 29, no. 6 (December 1, 2020): 713–52. http://dx.doi.org/10.3197/096327119x15579936382707.
Full textAbstract:
Climate change poses a significant danger that requires intervention today; climate denial poses a key challenge to meaningful timely intervention. In this paper, we argue that current free speech jurisprudence in the US inadequately addresses the risk of climate change because it is overly permissive of 'professional' climate denial and underappreciates the need to address the future harm of climate change today. We begin by clarifying the risk posed by the Supreme Court's current approach to speech with respect to climate change and, relatedly, reviewing the philosophical foundations of the marketplace of ideas found in the work of John Stuart Mill. Following this, we examine three potential ways in which Supreme Court jurisprudence could be used to limit what we term 'professional climate change denial' while permitting a degree of 'private' scepticism. Largely setting aside the return to earlier free speech jurisprudence and the extension of libel law, we offer a novel solution to the problem that suggests that 'professional' climate denial could be treated as a categorical exception under free speech jurisprudence and thus afforded a lower level of constitutional protection than other expression.
17
Hamida, Walid Ben. "La Clause Relative à lExclusion des Avantages (Denial of Benefits Clause) Dans la Jurisprudence Arbitrale Récente en Matière DInvestissement: Réflexions Sur Les Affaire." Revista Brasileira de Arbitragem 9, Issue 35 (September 1, 2012): 48–62. http://dx.doi.org/10.54648/rba2012043.
Full textAbstract:
ABSTRACT: Provided in certain investment treaties, denial of benefits clause raises many problems of interpretation before arbitral tribunals. In this article, the author analyzes the clause in the light of the recent arbitral jurisprudence rendred under Article 17 of Energy Charter Treaty. Studying mainly Amto and Yikos decisions, he examines the arbitrability of the denial of benefits and the requirements a state must meet to exercise its rights under this clause.
18
Al-Faqih, Rawan Mohammed, and Saleh Al-Jaber. "The Reason Behind Imam Al-Shafi'i's Denial of Commendation- A Contemporary Applied Jurisprudential Study." International Journal of Membrane Science and Technology 10, no. 1 (October 16, 2023): 1063–74. http://dx.doi.org/10.15379/ijmst.v10i1.2724.
Full textAbstract:
This study identifies the reasons for Imam Al-Shafi'i's rejection of “Istihsan” or juristic preference. The study explains the concept of Istihsan, its components, the schools of jurisprudence, “ijma'” or consensus, and the attitude of ancient and contemporary jurists towards Istihsan. Scholars' opinions regarding acceptance or rejection are also presented. Contemporary applications are examined where jurists have employed Istihsan, highlighting its legitimacy and its impact on facilitating matters for Muslims in their daily lives. Istihsan is a fundamental principle of Islamic jurisprudence aimed to facilitate Muslims' lives while adhering to the divine law. Jurists reject Istihsan based on legal evidence and serve the objectives of the Sharia, as well as being a legitimate argument in itself. Furthermore, the study explores contemporary jurisprudential issues and branches based on Istihsan, their formulation, and grounding. This enables jurists to apply fundamental jurisprudential principles to the evolving issues and circumstances of people's lives.
19
Tshitshi Ndouba, Kayamba. "Suplicatorio y política: Praxis parlamentaria y claves del debate doctrinal sobre el control jurisdiccional de la potestad denegatoria de los suplicatorios // Request to waive the Parliamentary Immunity and politics. Parliamentary praxis and keys issues of the doctrinal debate on the judicial review of the parliamentary power of denial the requests." Revista de Derecho Político 1, no. 103 (December 16, 2018): 381. http://dx.doi.org/10.5944/rdp.103.2018.23207.
Full textAbstract:
Resumen:El presente artículo aborda algunos problemas entre política y derecho que genera la decisión parlamentaria en la concesión o denegación de los suplicatorios. Por ello, analiza la praxis de los suplicatorios tramitados por el Congreso de los diputados y el Senado hasta la fecha, poniendo énfasis en la doctrina emanada de las decisiones adoptadas por las comisiones parlamentarias competentes. Para profundizar en la interacción entre suplicatorio, política y derecho, el artículo indaga en los pasos cualitativos y saltos prominentes de la evolución de la jurisprudencia constitucional sobre los límites de la facultad de las Cámaras para conceder o denegar el suplicatorio. Recaba y sistematiza el tratamiento académico de los puntos clave del debate emanado de estos sucesivos pronunciamientos del TC: las implicaciones de esta jurisprudencia en relación a los postulados constitucionales de independencia y ordenación de los poderes del Estado, las definiciones de criterios jurídicos que han de inspirar y guiar a las Cámaras para autorizar o denegar el suplicatorio, la concreción del modelo y la estructura de ponderación aplicables en los casos de colisión de dos derechos fundamentales (en este caso, los arts. 23 y 24 de la Constitución española [CE]). Summary:I. Praxis of the Parliamentary Procedure for the Waiver of Immunity. II. The Request to Waive the Parliamentary Immunity Before the Constitutional Court. Issues With Undeniable Constitutional Significance. III. The Constitutional Court and the Judicial Review of the Requests to Waive the Parliamentary Immunity. 1. Interna corporis acta and fundamental rights. 2. «Trial of opportunity» and the formal «requirement of a statement of reasons». 3. The degree of providing an adequate statement of reasons in the denial court’s decision. 4. The question of weighing up different values against one another: fundamental rights and the Parliament members’ prerogatives. IV. The Doctrinal Debate on the Constitutional Court’s Jurisprudence. 1. Emptying the parliamentarian immunity and the issue of «checks and balance» of State’s constitutional powers.2. Opposing the parliamentary immunity and the right of judicial action: the issue of preferential treatment. Concluding: Judicial Review or Political Review? Abstract:This article addresses the existing problems generated by the parliamentary decision in the granting or denial of requests made by the Supreme Court to the Parliament, in order to remove an MP’s parliamentary immunity, so that (s)he can be prosecuted. Such problems are studied both from the perspective of law and of political science. To this end, this paper analyzes and updates the research done to date about the parliamentary praxis on this issue, highlighting the doctrine which emanates from the decisions adopted by the competent parliamentary committees. In order to understand well the interaction between the praxis, politics and law, this paper also examines the most prominent changes and milestones in the evolution of the constitutional case law on the limits of the Parliament’s capacity to grant or to deny the Supreme Court request asking Parliament to remove an MP’s parliamentary immunity so that (s)he can be prosecuted. For this purpose, the paper systematizes the key points of the academic debate concerning the successive decisions of the Constitutional court: the repercussions of this jurisprudence vis-à-vis the constitutional postulates of separation and independence of State powers, the legal criteria that such postulates must inspire and in order to guide the Parliament in its decision to grant or deny the petition, the concretization of the model and the balance needed in cases of collision of two fundamental rights (in this case, articles 23 and 24 of the Spanish Constitution).
20
Ammar Torkmania Ghazal, Mohammad. "The denial of owner's right in the acquisitive possession - Analytical study in the light of Islamic jurisprudence." International Review of Law 9, no. 1 (December 1, 2020): 183–206. http://dx.doi.org/10.29117/irl.2020.0095.
Full textAbstract:
It is well known that in the area of acquisitive possession, if possession lasts a certain period with specific conditions, it is a self-sustaining reason for acquiring ownership. However, in reading the text of Articles 935 and 966 of the Civil Code of Qatar, it is clear that the Qatari legislator adopted a system of prescription different from the Latin system in two things: 1.The Qatari legislator did not consider possession as a source of ownership, but rather as proof of it. 2.The Qatari legislator required the possessor to deny the owner's right before ruling on the ownership of the disputed object, and this is what the research aims to discuss. Knowing that the Egyptian legislator as well as the French did not require denial of this right, the question raised is from where the Qatari legislator came-up with this system, what is its importance, and what are the problems it raises? The importance of this research is reflected in the special nature of the acquisitive possession in Qatari civil law, which is influenced by Islamic jurisprudence on the one hand and positive legislation on the other, and this raises some problems, because the acquisitive possession as a source of ownership is not recognized by Islamic jurisprudence as an attack on the ownership of others. The passage of time is not a reason to gain ownership. However, Islamic jurisprudence adopts another system close to the acquisitive possession, namely the non-hearing system, which over time considers possession merely evidence that the possessor is the owner. This is where the problem arises in Qatari law, and if it has stipulated denial influenced by Islamic jurisprudence, which considers continued possession as evidence of ownership and not as a source, then why is the possessor exempt from disclosing the reason for his possession? That is the main argument of this this research.
21
Bizeau, Marie-Laure, and Aleksandra Fedosova. "‘Forum of Necessity’: Using French Law’s ‘Juge d’appui’ in Foreign-Seated Arbitrations as a Cure for Denial of Justice." Journal of International Arbitration 39, Issue 5 (October 1, 2022): 749–64. http://dx.doi.org/10.54648/joia2022032.
Full textAbstract:
This article explains how French arbitration law enables a party to turn to the French courts for arbitrations seated outside of France, when faced with the risk of denial of justice. It describes the jurisdiction and role of the French ‘juge d’appui’ (or ‘supporting judge’), in preventing a denial of justice in arbitrations that bear no connection to France. An analysis of French arbitration law and jurisprudence demonstrates that the French supporting judge is an effective solution to prevent a denial of justice when the arbitration agreement does not provide for a supporting judge. juge d’appui, judge acting in support of arbitration, supporting judge, denial of justice, defaulting party, appointment of an arbitrator, constitution of the arbitral tribunal, jurisdictional immunity, Agreement on Promotion, Protection and Guarantee of Investments among Member States of the Organisation of the Islamic Conference, OIC Treaty, Secretary General of the OIC, most favoured nation clause
22
Al-Aff, Bassam. "Its Judgment and Its Applications "A Fiqh (The Evidence of Negation Study)." Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, no. 90 (September 1, 2022): 148–64. http://dx.doi.org/10.54940/si78812401.
Full textAbstract:
This research is entitled: (The Evidence of Negation، Its Judgment and Its Applications "A Fiqh Study") it deals with an in-depth study of an issue related to the jurisprudence of the judiciary، there was a dispute about it and details: Is the evidence of the denial accepted or not? What are the cases in which the evidence of the denial is accepted? And the cases in which it is not accepted، and then extracting the general officer for that، by talking about its nature in Sharia and law، and clarifying its origin, types and applications، according to the descriptive، inductive, and analytical approach. The researcher reached to say that the original evidence of the denial is that it is not accepted، but with the follow-up to the branches، there are cases in which the evidence of the denial is accepted; And then reaching the general officer، “evidence of the denial is not accepted unless it is supported by a supporter”. The researcher recommends organizing the provisions of the evidence of the denial and its proof، due to the large number of cases in which it is accepted and the emergence of new issues for it in the reality of the judiciary.
23
Walker Sterling, Robin. "Through a Glass, Darkly: Systemic Racism, Affirmative Action, and Disproportionate Minority Contact." Michigan Law Review, no. 120.3 (2021): 451. http://dx.doi.org/10.36644/mlr.120.3.through.
Full textAbstract:
This Article is the first to describe how systemic racism persists in a society that openly denounces racism and racist behaviors, using affirmative action and disproportionate minority contact as contrasting examples. Affirmative action and disproportionate minority contact are two sides of the same coin. Far from being distinct, these two social institutions function as two sides of the same ideology, sharing a common historical nucleus rooted in the mythologies that sustained chattel slavery in the United States. The effects of these narratives continue to operate in race-related jurisprudence and in the criminal legal system, sending normative messages about race and potential using the same jurisprudential trick: denial of our country’s race-bound legacy. By juxtaposing the rhetoric and jurisprudence concerning the underrepresentation of white people in the criminal legal system with the rhetoric and jurisprudence concerning the underrepresentation of Black people in higher education, this Article illuminates a key feature of how systemic racism persists. Obscuring the history of how both affirmative action and disproportionate minority contact came to be, the racially contorted narratives that we have adopted about affirmative action in both guises described here—affirmative action that benefits people of color by accepting them into institutions of higher learning and that which benefits white people by diverting them from the criminal legal system—allow systems to thrive under a guise of presumed racial innocence. Unmoored from the force of history, we rudderlessly reinforce well-worn social norms, no matter how discriminatory they might be.
24
Kulesza, Jan. "Glosa do wyroku Sądu Najwyższego z 24 sierpnia 2023 r., sygn. akt IV KK 37/22." Przegląd Prawa Konstytucyjnego 77, no. 1 (2024): 297–303. http://dx.doi.org/10.15804/ppk.2024.01.22.
Full textAbstract:
The purpose of the gloss is to present the correct line of reasoning that the Supreme Court should have adopted to reach the conclusion approved by the glossator. Relevant jurisprudence of the European Court of Human Rights allows for the acceptance of the absence of a violation of the norm sanctioned as a result of the application of constitutional and convention interpretation, rather than just the lack of social harmfulness of the act, as basis for the denial of the element of criminality. Any legal restrictions on freedom of speech must arise from serious reasons and an urgent societal need.
25
Kholid Saifulloh. "APLIKASI KAIDAH "AL-'ADAH MUHAKKAMAH" DALAM KASUS PENETAPAN JUMLAH MAHAR." Al-Majaalis : Jurnal Dirasat Islamiyah 8, no. 1 (November 20, 2020): 57–85. http://dx.doi.org/10.37397/almajaalis.v8i1.153.
Full textAbstract:
Al-'adah muhakkamah, literally ‘customary usage is the determining factor’,is one of the five universal maxims of Islamic jurisprudencewhich have a wide branch coverage agreed upon by the scholars.This maxim is built on the basis of custom and local wisdom that exists in every community, where this custom is continuously carried out by the community without any denial from them; it is precisely individuals who violate these customs will be considered "freaks". Therefore, Islam makes the customs of a community a legal basis as long as they fulfill the requirements stipulated by Sharia.The formulation of the problem in this study is about: (1) the definition of the al-'adah muhakkamah maxim, (2) the conditions for applying it, and (3) its application in determining the amount and type of dowry. This paper tries to study a jurisprudence principle and apply it to a jurisprudence problem so as to form a complete understanding of the rules as well as how to apply them in the branch of jurisprudence. The conclusions of this study are: (1) that 'adah is something that happens repeatedly which is accepted by common sense and human nature, (2) an 'adah can become a legal basis if it does not contradict the arguments of the Sharia, it is more often done than abandoned, there is no words of the' adah doer who excludes, and the 'adah must exist at the time the covenant occurs,(3) the rule of al-'adah muhakkamah can be applied to determine the number and types ofmis^ldowries, as well as musamma dowries which are absolutely stated.
26
Kučs, Artūrs. "Denial of Genocide and Crimes against Humanity in the Jurisprudence of Human Rights Monitoring Bodies." Journal of Ethnic and Migration Studies 40, no. 2 (November 20, 2013): 301–19. http://dx.doi.org/10.1080/1369183x.2013.851477.
Full text
27
Shareedah, Rashed. "Judgment of consensus denial in fundamentalists (An Applied Fundamental Study)." Journal of Umm Al-Qura University for Sharia'h Sciences and Islamic Studies, no. 92 (March 25, 2023): 167–87. http://dx.doi.org/10.54940/si10896974.
Full textAbstract:
Judgment of consensus denial is a critical fundamentalist research. " Who denied the consensus is nonbeliever" is a phrase widespread between scholars and jurists where is the one who agreed, others were opposed, others elaborated on it, and there were who hesitated and worried. For that concern, this research paper studies the judgment of consensus denial to obtain a result. The research paper presents a brief introduction, outlining the meaning of the consensus, its authenticity, and whether it was indicative or subjunctive connotation. In addition, it presents the elements of consensus, conditions, sections, and types. The paper displays the judgment of consensus denial whether the denial is based on its authenticity or judgment and whether that consensus is indicative or subjunctive. It displays the sayings of the fundamentalists of the four religious’ schools of Islamic jurisprudence in this, as well as with the examples thereof. The research concluded that consensus is either indicative or subjunctive. The subjunctive consensus, there is hardly one who rejected its denier. As for indicative consensus was vary, there was a consensus that it is a necessity, and those who denied the consensus are nonbelievers for most of the fundamentalists for its consecutiveness. Most of the disagreement is focused on this type. The opinion of a group of fundamentalists, such as al-Amidi, Ibn al-Hajib, Al-Juwayni, and others.
28
Goudarzi, Masoumeh Rad, and Alireza Najafinejad. "Contemporary Traditionalists and Reformists Iranian Jurists and the Subject of Human Rights." Muslim World Journal of Human Rights 15, no. 1 (December 19, 2018): 29–58. http://dx.doi.org/10.1515/mwjhr-2017-0023.
Full textAbstract:
Abstract The inability of traditional Shi’a jurisprudents to respond to the challenges in the field of human rights and the rights of religious minorities, which is rooted in the denial of human dignity and the emphasis on religious dignity, has led to the emergence of a new discourse among contemporary Shi’a jurisprudents in Iran in recent years. This group of jurists known as reformist jurists seeks to re-evaluate the jurisprudential laws, re-interpret the Shari’a and find a way out of the religion to reduce the existing conflict with the universal human rights standards. The opinions of this group of jurists, albeit criticized by the traditional scholars, have been welcomed by young clerics. To understand the main aspects of this jurisprudential dispute, two main questions have been considered by the researchers: What are the main principles of human rights in the thoughts of traditionalist and reformist jurists in Iran? And how differently have the reformist jurists conceptualized the subject of human rights? To answer these questions, the impact of traditional jurisprudents on the formulation of the current constitution of Iran is studied and the main differences between the views of traditional and modern jurists are evaluated.
29
Rottensteiner, Christa. "The denial of humanitarian assistance as a crime under international law." International Review of the Red Cross 81, no. 835 (September 1999): 555–82. http://dx.doi.org/10.1017/s1560775500059794.
Full textAbstract:
Le droit international humanitaire interdit le recours à la famine contre la population civile en temps de conflit armé. En même temps, les Conventions de Genève et les Protocoles additionnels obligent les parties au conflit à s'assurer que les personnes civiles reçoivent l'assistance dont elles ont besoin. Le présent article examine dans quelles circonstances le refus d'accorder cette assistance humanitaire devient un crime en droit international. L'auteur approche la question sous trois angles différents : crime de guerre, crime contre l'humanité et crime de génocide. Cette étude se base sur une analyse du droit conventionel et des règles coutumières, complétée par l'examen du Statut de la Cour pénale internationale et de la jurisprudence des Tribunaux pénaux intemationaux pour l'ex-Yougoslavie et pour le Rwanda. Toutes les voies pour traduire en justice ceux qui refusent d'accorder une assistance humanitaire aux victimes de la guerre sont ainsi passées en revue.
30
Bakhtiyari, Reza, and Alireza Amini. "Features of Oppression and Wastage Resulting in Liability in the Law and Jurisprudence." Journal of Politics and Law 9, no. 6 (July 31, 2016): 188. http://dx.doi.org/10.5539/jpl.v9n6p188.
Full textAbstract:
<p>The subject of oppression and wastage and liability arising from it, involve a significant part of the relationship between human beings with each other and the relationship between natural and legal persons. This has long been the most important issues and has been subjected to human, and in Islamic jurisprudence considered as the cause and contraption of liability; such a way that sometimes acceptance actions (oppression) and sometimes deprivation actions (wastage) caused harm to others. In law and religion, the rule of acceptance and denial actions has been explicitly stated. However, there are some cases as well which no special rule has been stated for them but in majority cases, omission or doing an action to stave off the losses from other is necessary. So it is necessary the aspects related to this topic to be explained properly. Hence, this question arises, what are the features of oppression and wastage led to liability in jurisprudence and consequently the rights derived from it?</p><p>Although in the case law according to the rule of Estimate (asking for something on loan), the liability of the authorized person in possession of the property has been removed despite the oppression and wastage the trustee is considered traitors and bondsman. In fulfillment of oppression and wastage and the liability resulted from that insight and intention of authorized person has no interfered and effect and oppression and wastage are the bases of liability and civil responsibility. Of achievements of this study which has been done descriptive-analytic is introduction and explanation of proper criteria for identifying oppression and wastage in cases where in the law and the jurisprudence have not been mentioned.</p>
31
Mc Namara, Frank. "Member State Responsibility for Migration Control within Third States – Externalisation Revisited." European Journal of Migration and Law 15, no. 3 (2013): 319–35. http://dx.doi.org/10.1163/15718166-00002039.
Full textAbstract:
Abstract This article re-examines externalisation – direct migration control by Member States of the EU, within third states, i.e., States which are not members of the EU. The nature and extent of this control is considered. The instruments of externalisation examined are carrier sanctions and immigration liaison officers. State responsibility for these externalised migration controls is assessed. The jurisdiction of the ECtHR is the trigger for Member State responsibility. ECtHR jurisprudence has made it clear that it is the exercise of physical power and control over a person by the State, which is pivotal to deciding jurisdiction. Jurisdiction is engaged where the Court finds that physical power and control to have been ‘effective’. This threshold of ‘effective’ control which has emerged from the Court’s jurisprudence is a demanding hurdle. If State control is found to be ‘effective’, then the State is responsible for the full range of rights contained within the Convention. The question then stands whether or not the ECtHR can keep abreast with these controls which can lead to States evading jurisdiction and thus avoiding fundamental rights responsibilities. One possible interpretation of recent jurisprudence is that the ECtHR is moving toward a broader interpretation of jurisdiction. It is in this context that ‘externalised’ controls have come under renewed scrutiny. A prevailing opinion is that the ECtHR will be able to protect those asylum seekers who encounter externalised control. This article questions any such assumption. The author argues for an alternative reading of the jurisprudence of the ECtHR with regard to jurisdiction. The conclusion reached is that the hurdle of extraterritorial jurisdiction is so demanding that States avoid it despite exercising extensive control over migrants. It is asserted that despite this considerable control, examination by the ECtHR will result in a failure to satisfy the ‘effective’ control threshold. Responsibility can thus be avoided while extraterritorial control is retained. The control level held by the State is still capable of guaranteeing a denial of access to individuals in need of international protection. If jurisdiction is not engaged then this externalised migration control represents a divergence between State control and State responsibility. Taking the threshold for jurisdiction of the ECtHR as a starting point, the author suggests a distinction between externalisation on the one hand and the external dimension on the other. States, oftentimes with facilitation from the Union, pursue one of these two alternatives. Externalisation affords the State stronger and more direct control over the entry of the migrant into the territory of a Member State than the external dimension, where the control is indirect and weaker. This distinction allows for a refined understanding of externalisation and applies it to verifying Member State responsibility for externalised migration control.
32
Gadelshina, Elvira R. "Burden of Proof Under the Denial-of-Benefits Clause of the Energy Charter Treaty: Actori Incumbit Onus Probandi?" Journal of International Arbitration 29, Issue 3 (June 1, 2012): 269–84. http://dx.doi.org/10.54648/joia2012017.
Full textAbstract:
No less than thirty investor-state disputes have been brought to arbitration under the auspices of the Energy Charter Treaty (ECT) since its entry into force back in 1998. Over the years, ECT tribunals have confronted the host states' attempts to invoke the 'denial-of-benefits' clause of the Treaty on multiple occasions. Yet the issue of the burden of proof under Article 17(1) remains largely unsettled. In general, only two solutions to the burden of proof dilemma are conceivable: it is either the respondent state that is under an obligation to persuade a tribunal that the criteria for an exercise of the 'right to deny' are met in a given dispute, or it is the claimant who has a duty to prove the opposite. ECT case law is split along the same lines. In some cases, the tribunals seemed to have endorsed the host states' 'free rider' attitude by tolerating the invocation of the denial clause, without requiring the respondents to establish the assertions proposed. In other arbitrations, the tribunals adhered to the classic canons of the legal burden. This article seeks to explore the two approaches to the burden of proof under Article 17(1) ECT from the perspectives of international law and jurisprudence on the legal burden, taking account of the wording and spirit of the ECT.
33
Domingo, Wesahl. ""For the Sake of the Children": South African Family Relocation Disputes." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 2 (June 6, 2017): 147. http://dx.doi.org/10.17159/1727-3781/2011/v14i2a2566.
Full textAbstract:
Decisions by primary caregiving parents to relocate after divorce, thereby disrupting the non-primary caregivers’ right of contact with children or, where both parents have joint care, the denial of the other’s parental rights and responsibilities to care, give rise to cases which deal with relocation disputes. My paper deals with the development of South African family jurisprudence in this area. Since the Children’s Act does not provide any criteria for cases dealing with relocation I examine the different jurisprudential approaches/trends taken by our courts in dealing with relocation. I pave the way forward by making the argument that we need a general consistency in approach by our courts when dealing with relocation disputes. As our society becomes increasingly mobile, our courts will be faced with more frequent applications for local and international family relocations. I conclude by making the recommendation that despite the Children’s Act, we still need “guidelines” or perhaps a “Relocation Act” which works in tandem with the Children’s Act.
34
Bahri, Andi Syamsul. "Legal Status of The Li'an Children Recognition: Comparison of The Mazhab Malikiyah and The Compilation of Islamic Law." Jurnal Mahkamah : Kajian Ilmu Hukum Dan Hukum Islam 7, no. 1 (June 29, 2022): 67–78. http://dx.doi.org/10.25217/jm.v7i1.2381.
Full textAbstract:
This study discusses the Legal Status of Li'an Child Recognition: Comparison of the Madzhab Malikiyah and the Compilation of Islamic Law. The essence of the problem in this study lies in the difference of opinion on the time limit for the recognition of li'an children or submission to court according to the Madzhab Malikiyah and KHI. The purpose of the study was to compare the Madzhab Malikiyah of Law and the Compilation of Islamic Law about Li'an children. With this research, it is hoped that it can become a reference for science in general and Islamic science, especially for legal science. The researcher uses library research with a normative approach. Data collection is done by collecting and reviewing books, journals and e-books related to marriage, the four madzhab of jurisprudence, compilation of Islamic law and Li'an. This study results that the Mazhab Maliki provides for the wife's holy period of three menstruation, or one menstruation is the time limit for denying a child for the husband, while according to the Compilation of Islamic Law it cannot show the time limit for the husband to deny the child. The Compilation of Islamic Law only emphasizes when submitting the denial of a child to the religious court that a husband who wishes to file a denial of a child must not exceed 6 months from the time the child is born. As for the comparison of the Li'an oath, Imam Maliki and the Compilation of Islamic Law have elements of the same opinion and refer to Islamic Law, namely: Li'an is carried out before a judge, Li'an results in divorce between husband and wife after Li'an completed, which causes a permanent divorce, and it is forbidden for both parties to get back together. Meanwhile, in terms of differences only lies in the time limit for the denial of Li'an's children
35
Castellanos Ruiz, María José. "Denegación de la nacionalidad española por poligamia: análisis jurisprudencial = Denial of the access to the Spanish nationality by poligamy: case-law analysis." CUADERNOS DE DERECHO TRANSNACIONAL 10, no. 1 (March 8, 2018): 94. http://dx.doi.org/10.20318/cdt.2018.4118.
Full textAbstract:
Resumen: La Sentencia de la Audiencia Nacional (Sala de lo Contencioso-Administrativo) de 11 de septiembre de 2017 deniega la adquisición de la nacionalidad española a un ciudadano de la República de Guinea por polígamo, al no cumplir con el requisito del “suficientemente grado de integración en la sociedad española” (art. 22.3 CC), dando la razón así a la DGRN. Se analiza la jurisprudencia existente tratando de definir este concepto jurídico indeterminado, aunque también se ha dotado de contenido al mismo mediante algunas normas. De dicho análisis, se concluye que aunque la poligamia resulte válida conforme a la Ley nacional del sujeto (art. 9.1 CC), constituye una realidad contraria a los principios fundamentales del Derecho matrimonial español. Así que la ley extranjera que permite que una persona afectada por impedimento de ligamen (art. 46.2º CC) pueda casarse con otra persona, atenta contra el orden público internacional español (art. 12.3 CC). Sin embargo, los tribunales consideran que deben analizarse las circunstancias de cada caso, para comprobar que efectivamente el sujeto extranjero ejerce la poligamia de forma efectiva, y si no es así, se le debe otorgar la nacionalidad española, en contra de la opinión de la DGRN, que deniega la nacionalidad española porque en la certificación extranjera de matrimonio el sujeto opta por la poligamia, sin tener en cuenta si la ha ejercido realmente. En cualquier caso, se estudian también los efectos jurídicos de los matrimonios poligámicos en España, cuando el sujeto polígamo adquiere la nacionalidad española mediante fraude o engaño.Palabras clave: Nacionalidad española, poligamia, grado suficiente de integración en la sociedad española, orden público internacional.Abstract: The Judgment of the Audiencia Nacional Court (Sala de lo Contencioso-administrativo) of September 11, 2017 denies the acquisition of the Spanish nacionality to a citizen of the Republic of Guinea legally married to several women in his country of origin, due to the lack of “sufficient degree of integration in the Spanish society” (Art. 22.3 CC), confirming the statement of the DGRN (administrative Spanish authorities). In the existing jurisprudence this indeterminate legal concept is defined, although some rules do regulate it as well. From this analysis, we conclude that although polygamy is valid according to the national law of the foreign individual (Art. 9.1 CC), it constitutes a reality against the fundamental principles of Spanish marital law. So the foreign law that allows a person affected by hindrance to marriage (Art. 46.2 º CC) can get married with another person, violates the Spanish public policy rule (Art. 12.3 CC). However, the courts consider that the circumstances of each case should be analyzed to verify that the foreign individual effectively exercises polygamy, and if not, he should access to the Spanish nationality, in opposition to the DGRN opinion, which denies the access to the Spanish nationality because the applicant chooses polygamy in the foreign marriage certificate, although he has not really exercised it. In any case, the legal effects of polygamous marriages in Spain are also studied, when the polygamous applicant acquires the Spanish nationality through fraud or deception.Keywords: Spanish nacionality, poligamy, sufficient level of integration in the Spanish society, public policy rule.
36
Madani, Abdul Ghaffar, Mussarrat Malik, and Hafiz Shuaib Farooq. "U-12 An analytical and comprehensive study of Diwan-e-Imam Shafi`i." Al-Aijaz Research Journal of Islamic Studies & Humanities 5, no. 3 (October 25, 2021): 125–37. http://dx.doi.org/10.53575/u12.v5.03.125-137/1.
Full textAbstract:
Imam Shafi`i (150/767 - 204/820) was one of the most eminent Islamic scholars, prolific authors and an earlier jurisprudence and founder of shafi`i school of thought. He had made his great contribution in various religious disciplines including Islamic literature. He also produced writings in poetic form which fulfills the measurements of prosody. Though, he could not compose his own collection of poetry, yet his devotees extracted his poetic work from different writings. The collection of his poetry is named Diwan-e-Imam Shafi`i. His poetry is rich with wisdom, etiquette and ethical values which were abstracted and retrieved from the Holy Qur’an and Hadiths. Due to being quoted far and wide by different scholars, his poetry is acknowledged remarkable and holds prominent place in academia of scholars. This brief study seeks to reveal topics; self-denial, patience, contentment, Tawakkul, and self-pride which were significantly present in his poetry. This study is also undertaken in response to the deep sense of admiration and appreciation for the poetry of Imam Shafi`i.
37
Padilla Espinosa, Lucía. "The European Convention on Human Rights and its impact on the right to family life of foreigners." Latin American Journal of European Studies 3, no. 1 (June 2023): 16–48. http://dx.doi.org/10.51799/2763-8685v3n1001.
Full textAbstract:
The present contribution aims to analyze the complex and evolving case law of the European Court of Human Rights regarding the respect for "family life" as enshrined in Article 8 of the European Convention on Human Rights. The objective is to examine the impact that this dynamic jurisprudential development has on the protection of family life for foreign individuals, particularly in cases of family reunification and expulsion from European territory. To achieve this, an inductive methodological approach has been chosen, combining the analysis of the case law of the Strasbourg Court with the main doctrinal works in the field, which is essential to understand the scope of the analyzed regulations. From the analysis of Strasbourg jurisprudence in this matter, it can be inferred that there is a need to reconsider the Court's approach to the balancing of interests, particularly the primary consideration of the best interests of the child in cases where denial of entry or expulsion decisions disrupt the proper development and protection of the family life of migrant children.
38
Levinger, Tomer. "Denying the Right of Return as a Crime Against Humanity." Israel Law Review 54, no. 2 (April 5, 2021): 205–35. http://dx.doi.org/10.1017/s0021223721000042.
Full textAbstract:
This article argues that there are firm grounds upon which to regard the act of denying a person's right of return to their country as a crime against humanity. To make its case, the article builds upon two justifications for the right of return: its grounding based on the human need to belong, and its purpose as a means of preventing rightlessness. The human interests underlying these justifications, the article contends, are similarly those reflected by the image of humanness ingrained within the law of crimes against humanity. Therefore, when the right of return is denied, it is also an assault against humanness as such – a crime against humanity. Recently, proceedings before the International Criminal Court (ICC), with regard to the situation in Bangladesh/Myanmar, have made this question highly relevant. Both the Court's Pre-Trial Chamber and Prosecutor have raised arguments in support of regarding the denial of the right of the Rohingya peoples to return to Myanmar a crime against humanity of other inhumane acts. Consequently, this article attempts to offer support for what might turn out to be an important doctrinal development in ICC jurisprudence.
39
Guštin, Matko. "Utjecaj Europskog suda za ljudska prava na postupak posvojenja u Republici Hrvatskoj." Zbornik Pravnog fakulteta Sveučilišta u Rijeci 44, no. 2 (2023): 531–59. http://dx.doi.org/10.30925/zpfsr.44.2.12.
Full textAbstract:
In numerous cases related to adoption, the European Court of Human Rights (hereinafter: ECtHR) emphasized the importance of a comprehensive approach to the adoption procedure as well as the best interest of the child, taking into account all the circumstances of the case. The denial of the right to consent to adoption leads to the violation of human rights, which is especially manifested to vulnerable social groups. The ECtHR also determined this type of violation of rights in the “Croatian cases” - X. v. Croatia and A.K. and L. v. Croatia, which dealt with the violation of the rights of persons with mental disabilities, more precisely, parents deprived of legal capacity and the right to parental care. The shortcomings determined by the ECtHR influenced the change of the adoption paradigm in the new Croatian family legislation from 2015. Therefore, the paper highlights the importance of a comprehensive approach to the adoption procedure by analyzing the Croatian family legislation and jurisprudence of the ECtHR related to “Croatian cases”. Likewise, newer cases decided by the ECtHR are analyzed, from which guidelines for further improvement of the adoption procedure and the protection of fundamental human rights are derived.
40
Tarusina, Nadezhda N. "A few theses about duty in the education and family, or why cucumbers cause insomnia." Vestnik Yaroslavskogo gosudarstvennogo universiteta im. P. G. Demidova. Seriya gumanitarnye nauki 17, no. 2 (June 19, 2023): 226. http://dx.doi.org/10.18255/1996-5648-2023-2-226-237.
Full textAbstract:
In the article, in connection with the discussion in higher education circles of the problems that arise when students use plagiarism and digital technologies (neural networks) in the learning process, including the preparation of research papers, relevant aspects of the realization of the right to higher education are considered in conjunction with the corresponding responsibilities. Other problems are also stated that are discussed in the teaching community, but not solved at the state level. Parallels are drawn and a close connection is seen between the quality of duty in the field of education and the denial of such in the field of the family, family education. The necessity of introducing the construction of obligation into the family law is stated. Among the significant prerequisites for this decision, a special place is occupied by constitutional amendments on the goals and objectives of raising children. It is argued that their implementation will play a good role in the process of forming the legal consciousness of a modern Russian student. Special requirements for the organization and content of training in jurisprudence programs are fixed, reinforcing the constructions of obligation.
41
You, Wenting. "Parent-Child Relationship in the Civil Code of China." Laws 12, no. 1 (December 22, 2022): 1. http://dx.doi.org/10.3390/laws12010001.
Full textAbstract:
The purpose of this article is to familiarize readers with the Chinese Civil Code, which entered into force in early 2021, and to draw their attention to the changes brought about by the Marriage and Family Book, which is now included in Volume V of the new code. The paternity system best reflects the changes in the Chinese Marriage and Family Book, especially Article 1073. A complete paternity system includes presumption, claim, and denial of the parent-child relationship. However, Article 1073 of the Civil Code, which regulates the parent-child relationship, is a guiding provision with a lack of operational rules. It is necessary to make general rules for operation and enforcement by adding supporting rules, including the presumption of legitimate children, the claim of children born out of wedlock, the denial of legitimate children, and other operational rules, to resolve paternity disputes. The Civil Code also makes changes to the adoption system in the Marriage and Family Book, mainly by further restricting the conditions for adopters with the aim of protecting the interests of the adoptee children. Although the Chinese Civil Code retains the concepts of legitimate and illegitimate children, in essence, there is no difference in their rights and legal status, including the right to inheritance. In conclusion, the legislative norms of paternity determination improve the Chinese paternity system, but lack operability, and it is important to accumulate experience through practice and draw on custom and jurisprudence to develop specific operational rules that complement the legislative provisions. This is exactly what this paper will address and the knowledge gap it will fill.
42
Sokhansanj, Bahrad A., and Gail L. Rosen. "Predicting Institution Outcomes for Inter Partes Review (IPR) Proceedings at the United States Patent Trial & Appeal Board by Deep Learning of Patent Owner Preliminary Response Briefs." Applied Sciences 12, no. 7 (April 5, 2022): 3656. http://dx.doi.org/10.3390/app12073656.
Full textAbstract:
A key challenge for artificial intelligence in the legal field is to determine from the text of a party’s litigation brief whether, and why, it will succeed or fail. This paper shows a proof-of-concept test case from the United States: predicting outcomes of post-grant inter partes review (IPR) proceedings for invalidating patents. The objectives are to compare decision-tree and deep learning methods, validate interpretability methods, and demonstrate outcome prediction based on party briefs. Specifically, this study compares and validates two distinct approaches: (1) representing documents with term frequency inverse document frequency (TF-IDF), training XGBoost gradient-boosted decision-tree models, and using SHAP for interpretation. (2) Deep learning of document text in context, using convolutional neural networks (CNN) with attention, and comparing LIME and attention visualization for interpretability. The methods are validated on the task of automatically determining case outcomes from unstructured written decision opinions, and then used to predict trial institution or denial based on the patent owner’s preliminary response brief. The results show how interpretable deep learning architecture classifies successful/unsuccessful response briefs on temporally separated training and test sets. More accurate prediction remains challenging, likely due to the fact-specific, technical nature of patent cases and changes in applicable law and jurisprudence over time.
43
Hall, Ronnie. "In the Shadowlands: Fisher and the Outpatient Civil Commitment of “Sexually Violent Predators” in Texas." Texas Wesleyan Law Review 13, no. 1 (October 2006): 175–213. http://dx.doi.org/10.37419/twlr.v13.i1.6.
Full textAbstract:
This Note will suggest some possible improvements to Texas's approach to handling the offenders it and other states have chosen to label "sexually violent predators," including the option that Texas replace its SVP statute with an inpatient civil commitment regime similar to those in other states. Part II of this Note will reflect some historical background behind civil commitment, including the traditional rationales underlying it, the early emphasis on procedural due process in nineteenth century American jurisprudence, and the development of commitment laws specifically aimed at sex offenders in the twentieth century. Part III will address the state of the law on this issue in Texas, which provides for a unique statutory outpatient regime. Part IV will focus on the Fisher case, following it through every step of litigation, from Michael Fisher's commitment hearing, through the state appellate process, to the denial of certiorari by the United States Supreme Court. Along the way, it will highlight the ways in which Fisher exemplifies problems in the practical application of the Texas SVP statute. Finally, Part V will point out some changes the legislature has made to the SVP statute since its initial adoption in 1999 and will suggest additional needed changes.
44
Thakur, Deepika, and Shobha Gulati. "A Comparative Analysis Of Prisoner’s Disenfranchisement In India And International Jurisdictions: A Critical Study." Migration Letters 21, S3 (January 19, 2024): 664–71. http://dx.doi.org/10.59670/ml.v20i7.6817.
Full textAbstract:
The fundamental pillar of a flourishing democracy is commonly recognized by way of the right to vote. It is a system by which individuals select representatives to advocate for their best interests. In this study, the authors examine the current global legal provisions of prisoners' voting rights within the framework of India. Suffrage was one of the major political issues that drove a revolt. Through laws, numerous Countries worldwide, such as the USA, UK, and India, have restricted the voting rights of inmates and former felons to varying degrees. Many of these Countries are among the largest democracies globally. The right to vote is a powerful symbol of societal inclusion, with its denial of the right to vote often being criticized. The importance of suffrage forms the basis of an individual's dignity towards their Country. There is an ongoing necessity to study and comprehend disenfranchisement concerning rehabilitative approaches to punishment, as the formerly leading "retributive theory" has failed to demonstrate its relevance in the modern era. A Comprehensive understanding of the concept of disenfranchisement is required, as there is no established principle governing the limitations of universal suffrage due to criminal charges. In light of international human rights jurisprudence, the authors aim to investigate the evolving dynamics of disenfranchisement.
45
Aziz, M. Wahib. "SANKSI TINDAK PIDANA KORUPSI DALAM PERSPEKTIF FIQIH JINAYAT." International Journal Ihya' 'Ulum al-Din 18, no. 2 (September 7, 2017): 159. http://dx.doi.org/10.21580/ihya.17.2.1735.
Full textAbstract:
Islamic Shari'ah functioned by God as a deterrent to evil. Jurisprudence of Jinayat in Islamic law recognizes three kinds of punishment for a crime committed by a person; Qishah, hudud and ta'zir. The determination of punishment is not merely a revenge, but rather a goal to create a deterrent effect or shock to create a calm and peaceful society situation as the message contained in the word hayah which means a peaceful life. This paper aims to reveal the concept of punishment in the crime of corruption in the eyewear of Jinayat jurisprudence. Through literature review it can be concluded that the sanction of corruption is ta'zir, which is adjusted with the judge's decision based on the level of corruption that has been done. Sanctions in the form of ta'zir vary from mild to severe enough to recall corruption with a complex social impact. The ta'zir sanctions that can be given to the perpetrators of corruption are; Imprisonment, defamation, material fines to death penalty.<br />---<br /><br />Syariat Islam difungsikan Allah sebagai pencegah kejahatan. Fikih Jinayat dalam syariat Islam mengenal tiga macam hukuman atas kejahatan yang telah dilakukan oleh seseoorang; qishah, hudud dan ta'zir. Penetapan hukuman tidak hanya sekedar pelampiasan dendam, namun lebih pada tujuan untuk menimbulkan efek jera atau shock terapy agar tercipta situasi masyarakat yang tenang dan damai sebagaimana pesan yang terkandung dalam kata hayah yang artinya kehidupan yang damai. Tulisan ini bertujuan untuk mengungkap konsep hukuman dalam kejahatan korupsi dalam kacamata fikih Jinayat. Melalui kajian literature dapat disimpulkan bahwa sanksi tindak pidana korupsi adalah ta’zir, yaitu disesuaikan dengan keputusan hakim berdasarkan kadar korupsi yang telah dilakukan. Sanksi berupa ta’zir ini beragam dari yang ringan hingga yang cukup berat berat mengingat korupsi membawa dampak sosial yang kompleks. Sanksi ta’zir yang bisa diberikan kepada para pelaku korupsi adalah; penjara, pencelaan, denda materi hingga hukuman mati.
46
COBREROS MENDAZONA, Edorta. "La pérdida de oportunidad procesal como daño indemnizable por el Estado." RVAP 96, no. 96 (August 30, 2013): 73–110. http://dx.doi.org/10.47623/ivap-rvap.96.2013.02.
Full textAbstract:
LABURPENA: Prozesuko aukera galaraztea kitatu beharreko galeratzat jo du jurisprudentziak. Baita galaraztea justizia-administrazioaren jardun txarraren ondoriozkoa denean ere. Baina estatuak kitatu beharreko prozesu-aukera galtzeak baditu bereizgarri batzuk, eta horiexei erreparatuko diegu. RESUMEN: La pérdida de oportunidad procesal ha sido admitida por la jurisprudencia entre los conceptos indemnizables. También para el caso de que la haya originado una indebida actuación de la Administración de Justicia. Pero la pérdida de oportunidad procesal indemnizable por el Estado presenta algunas especificidades merecedoras de atención. ABSTRACT: Missing the opportunity to act before courts has been accepted as covered concepts by case law. Also when an incorrect performance by the judiciary is the origin. Yet missing the opportunity to act which might be covered by the State has some specific features which deserve attention.
47
Vedyernikov, Yuriy, Vasyl Tkachenko, and Volodymyr Shestakov. "The dialectics of cyclicity in the development of law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 3, no. 3 (September 30, 2021): 16–22. http://dx.doi.org/10.31733/2078-3566-2021-3-16-22.
Full textAbstract:
The dialectic of cyclicity in the system of dual natural and positive law, as the transition from one opposite to another, involution to evolution, quantitative transformations into qualitative and actually regular cyclicity of crises and stability in the legal system is studied. The dialectic of cyclicity in law occurs as constant oscillating processes of transition from one opposite to another, natural law into positive, involution into evolution, quantity into quality, crisis into stability, and development in a circle gradually turns into a spiral. Defining and substantiating the phases and stages of the cycle allows us to demonstrate the development of a particular cycle and the driving mechanisms of this transformation – the laws of dialectics, in particular, the unity and struggle of opposites in law, the transition from quantity to quality, denial of the old and so on. Oscillatory processes are manifested in opposites of phases and stages of cycles, and small cycles of development of law are embedded in large ones, where each cycle is part of a larger cycle, and that in turn is even larger, and so on. The end of one cycle leads to the transformation of the legal system and its manifestation in a new form and content at a new level of the spiral of development. Ways to overcome the crisis in the legal system should be sought, first of all, in the updated methodological principles of cyclicality in jurisprudence based on the ideas of natural law, based on the principles and laws of dialectics, laws of philosophy of law, and in combination with other branches of modern knowledge.
48
Clarke, Donald. "Anti Anti-Orientalism, or Is Chinese Law Different?†." American Journal of Comparative Law 68, no. 1 (March 2020): 55–94. http://dx.doi.org/10.1093/ajcl/avaa014.
Full textAbstract:
Abstract Comparative law is haunted by the perceived need to avoid Orientalism: a type of analysis that postulates a dichotomy between the object of study and “the West,” finds the object lacking in certain essential qualities (or even having the opposite qualities of those the analyst deems essential), and then declares the object to be inferior. Yet a desire to avoid the errors of an Orientalist exaggeration and condemnation of difference all too often leads to an a priori denial of fundamental difference before the inquiry has even begun. The political imperative of anti-Orientalism takes precedence over all. This Article makes three arguments. First, it argues that there exists in comparative law scholarship in general, and in Chinese law scholarship in particular, a kind of anti-Orientalist discourse that needs to be critiqued because its very methodology makes it impossible to think certain thoughts and reach certain conclusions, regardless of the data. While I do not propose to rehabilitate Orientalism, I do maintain that it is time to move beyond anti-Orientalism. Second, it argues that data about what is conventionally called the Chinese legal system mean we have to seriously entertain the possibility that it is misleading to use the conventional language of Western jurisprudence (courts, judges, laws, rights) to talk about it, and not simply dismiss arguments to that effect as Orientalist or ethnocentric. Third, it argues that how we characterize China’s putatively legal order matters. China’s increasing integration into the global economy means that American institutions will increasingly have to deal with the products of that legal order. Questions about its fundamental nature can no longer be avoided. While the Article uses China as an example, its methodological point and conclusions apply more broadly to the analysis of any putative legal system. We should not derogate difference just because it is different, but we should not be biased against finding difference in the first place.
49
COBREROS MENDAZONA, EDORTA. "EL DIFÍCIL PROBLEMA DE LA RESPONSABILIDAD PATRIMONIAL POR FUNCIONAMIENTO ANORMAL DEL TRIBUNAL CONSTITUCIONAL." RVAP 87-88, no. 87-88 (August 1, 2010): 295–348. http://dx.doi.org/10.47623/ivap-rvap.87.88.2010.10.
Full textAbstract:
Planteada directamente la cuestión de la responsabilidad patrimonial
del Estado por dilaciones indebidas (como funcionamiento anormal) del
Tribunal Constitucional, se analizan críticamente dos recientes sentencias de la
Jurisdicción Contencioso-Administrativa y una reforma legislativa. Para la mejor
comprensión de tales actuaciones, previamente se estudia la jurisprudencia del
Tribunal Europeo de Derechos Humanos con respecto a la violación del plazo razonable
por las jurisdicciones constitucionales, así como la postura mantenida por el
Consejo de Estado. Itxura gabeko luzapenak (funtzionamendu anormala) eragin duelako
Estatuak daukan ondare-erantzukizunaren kontua zuzen-zuzenean aurkeztu,
eta administraziorako auzi-errekurtsoen jurisdikzioko bi epaitza berri eta lege-erreforma
bat aztertzen ditu lan honek. Jarduketa horiek hobeto ulertzeko, jurisdikzio
konstituzionalek arrazoizko epea ez denean betetzen Giza Eskubideen Europako
Auzitegiak zein jurisprudentzia daukan aztertu behar da lehenik, eta horren aurrean
Estatuko Kontseiluak zein jarrera erakutsi duen. As the question of the State patrimonial liability for undue delays
(abnormal operation of the Adminstration) has already been addressed by the
Constitutional Court, two recent rulings by the Contentious-Administrative
jurisdiction and a legislative amendment are critically analyzed. For a better
comprehension of them, it is studied the European Court of Human Rights case
law regarding the violation of the reasonable delay in constitutional jurisdictions
together with the position sustained by the Council of State.
50
TAJADURA TEJADA, JAVIER. "LIBERTAD DE EXPRESIÓN Y NEGACIÓN DEL GENOCIDIO: COMENTARIO CRÍTICO A LA STC DE 7 DE NOVIEMBRE DE 2007." RVAP 80, no. 80 (April 1, 2008): 233–55. http://dx.doi.org/10.47623/ivap-rvap.80.2008.08.
Full textAbstract:
En la Sentencia del 7 de noviembre de 2007 el Tribunal Constitucional tuvo que resolver una cuestión de inconstitucionalidad fundada en la posible colisión con el derecho a la libertad de expresión (reconocido en el art. 20.1 CE) del delito contenido en el art. 607.2 CP, consistente en difundir por cualquier medio ideas o doctrinas que nieguen o justifiquen los delitos de genocidio o pretendan la rehabilitación de regímenes o instituciones que amparen esas prácticas. Como resultado de esta sentencia, a partir de ahora, en España, la negación del genocidio perpetrado por el Tercer Reich durante la Segunda Guerra Mundial ya no puede ser sancionado penalmente. Y ello porque la mayoría de los magistrados de nuestro Tribunal Constitucional entiende que dicha negación está protegida por los derechos fundamentales de libertad de expresión y de libertad científica. Aunque el Tribunal invoca formalmente la jurisprudencia del TEDH, lo cierto es que, materialmente, se desvincula de ella puesto que llega a sostener un criterio no ya distinto sino absolutamente incompatible con aquella. Donde el TEDH dice que la libertad de expresión no ampara la negación del genocidio, nuestro Tribunal dice que sí. Por ello, un tipo penal presente en numerosos Códigos Penales europeos sin tacha alguna de constitucionalidad, desaparece del nuestro. Konstituzio-auzitegiak, 2007ko azaroaren 7ko epaian, konstituzionaltasun-auzi bat ebatzi behar izan zuen, Zigor-kodearen 607.2 artikuluan jasota dagoen delituaren eta adierazpen-askatasunerako eskubidearen (EKaren 20.1 artikuluak aitortua) arteko talkarengatik; delitu hori, hain zuzen, genozidio-delitua ukatzen edo justifikatzen duten ideiak edo doktrinak edo praktika horiek berriro ezartzeko xedea duten araubideak edo erakundeak hedatzean datza, edozein dela ere erabiltzen den hedabidea. Epai horren ondorioz, hemendik aurrera, Espainian, Hirugarren Reichak
Bigarren Mundu Gerran eragindako genozidioa ukatzea ez da delitu gisa zigortuko. Izan ere, gure Konstituzio-auzitegiko magistraturik gehienek uste dute adierazpen-askatasunaren eta askatasun zientifikoaren funtsezko eskubideek babestu egiten dutela ukazio hori. Auzitegiak Giza Eskubideen Europako Auzitegiari egiten dio dei formalki, baina, hala ere, funtsari helduz gero, ez dio jaramonik egiten, irizpide ezberdina ez, baizik eta erabat bateraezina hartzen baitu. Giza Eskubideen Europako Auzitegiak dio adierazpen-askatasunak ez duela genozidio-delitua babesten, eta gure
auzitegiak, ordea, baietz. Hori dela-eta, Europar zigor-kode askotan dagoen tipo penal bat, konstituzionaltasun-akatsik bat ere gabea, desagertu egiten da gure zigor-kodetik. By judgment of November 7th 2007, the Constitutional Court had to solve a preliminary question on the unconstitutionality based on the possible collision between right to free speech (as recognized by art. 20.1 Constitution) and the crime set forth in art. 607.2 of the Criminal Code which consist of dissemination by means of any media ideas or doctrines that deny or justify genocide crimes or that pretend to discharge regimes or institutions that abet thoses practices. As a result of this judgment, from now on, in Spain, the denial of the Third Reich genocide during Second World War cannot be criminally punished. And that is because most judges sitting at our Constitutional Court understood that that denial is covered by the fundamental right to freedom of speech and to cientific creation and production. Although the Court formally invokes the European Court of Human Rights caselaw, the truth is that it departs from it because it maintains an opinion not only different but absolutely imcompatible with it. Where the European Court of Human Rights says freedom of speech does not protect denial of genocide, our Court says it does. Hence, a criminal offence present at many European criminal codes and with no flaw of unconstitutionality at all, has just been faded away from ours.