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1
Schneiders, Alexandra, and David Shipworth. "Community Energy Groups: Can They Shield Consumers from the Risks of Using Blockchain for Peer-to-Peer Energy Trading?" Energies 14, no. 12 (June 15, 2021): 3569. http://dx.doi.org/10.3390/en14123569.
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Peer-to-peer (P2P) energy trading is emerging as a new mechanism for settling the exchange of energy between renewable energy generators and consumers. P2P provides a mechanism for local balancing when it is facilitated through distributed ledgers (‘blockchains’). Energy communities across Europe have uncovered the potential of this technology and are currently running pilots to test its applicability in P2P energy trading. The aim of this paper is to assess, using legal literature and legislation, whether the legal forms available to energy communities in the United Kingdom (UK) can help resolve some of the uncertainties around the individual use of blockchain for P2P energy trading. This includes the legal recognition of ‘prosumers’, the protection of their personal data, as well as the validity of ‘smart contracts’ programmed to trade energy on the blockchain network. The analysis has shown that legal entities, such as Limited Liability Partnerships and Co-operative Societies, can play a crucial role in providing the necessary framework to protect consumers engaging in these transactions. This is particularly the case for co-operatives, given that they can hold members liable for not respecting the rules set out in their (compulsory) governing document. These findings are relevant to other European countries, where the energy co-operative model is also used.
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Trupkiewicz, Marcin. "Kilka uwag o Internetowej Platformie Aukcyjnej umożliwiającej uzyskanie wsparcia w zakresie odnawialnych źródeł energii w kontekście podpisów elektronicznych." Studia Prawa Publicznego, no. 3(19) (December 4, 2019): 117–32. http://dx.doi.org/10.14746/spp.2017.3.19.6.
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The paper describes certain basic principles of the new system of supporting renewable energy sources (RES) introduced in Poland. The amended Polish Act on Renewable Energy Sources (Polish RES Act) has introduced an auction system which is a new legal instrument enabling the selection of RES generators with adequate fi nancial support. Each Renewable Energy Sources project (RES plant project) to generate and sell electricity must go offi cially through an auction. The Internet Auction Platform is an IT tool used in the process. It en ables to conduct the pre-qualifi cation procedure as well as to prepare the auction off er. This new solution has entailed certain legal issues that must be addressed such as the access to the IT system, electronic submission of tenders or the use of an electronic signature to confi rm the statements made in the electronic procedure. All these issues have been discussed in this paper. The paper also contains an analysis of the diff erences between two possible forms of electronic signature that may be used in the process, and identifi es the main advantages and disadvantages of either. It is then concluded that although the online RES auction could be more competitive, in the version as it is it allows to carry out an eff ective auction.
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Egorov, Gennady. "Legal Forms of Ensuring Information Security on the Internet." Legal Concept, no. 4 (December 2022): 70–76. http://dx.doi.org/10.15688/lc.jvolsu.2022.4.9.
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Introduction: the development of modern digital networks is associated with the introduction into circulation of datawith increased social danger and, as a consequence, limited to civilian use in the Russian Federation. Unlike the authorities, this type of information is not recognized by society as dangerous, but generates aspirations of certain categories of citizens to possess such information, to disseminate it, to introduce it into illegal civil circulation. The scientific community, recognizing this problem, has been striving to neutralize the consequences in this area for a long time. The purpose of the work is to conduct a scientific analysis of the existing legal forms of ensuring information accessibility, to determine the effectiveness of modern legal and organizational mechanisms to ensure civil interests in this area. Using the methods of scientific cognition, primarily the method of system analysis, it is established that the complexity of the highlighted problem involves the use of both law-making and law-realization approaches to identify the violations of arrangements for using electronic information in the violation of applicable law. Results: the considered approaches and legal mechanisms for ensuring information security in the Internet environment will justify the need to introduce the organizational and legal methods to improve the current legislation and law enforcement practice in the country and propose a number of measures for their eliminating. Conclusions: it is necessary 1) to adapt the existing judicial system related to the restriction of the circulation of information on the Internet to modern realities in the technical and legal spheres; 2) to change not only the procedure for recognizing information as prohibited, but also to introduce additional forms of responsibility for its placement, in particular, the imposition of administrative forms of sanctions not only on the creator of illegal content, but also on technical intermediaries (providers, telecom operators, domain name grantors), which can be presented in the form of imposing technical prohibitions on the placement of information on the Internet; 3) to increase the number of persons subject to legal liability (administrative or criminal) for the violation of information security in the Russian Federation.
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Kharkov, Vladimir N. "Social and Monetary Forms of Securing Rational and Efficient Use and Protection of Lands: A Regional Aspect." State power and local self-government 10 (October 15, 2020): 14–17. http://dx.doi.org/10.18572/1813-1247-2020-10-14-17.
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Based on the analysis of land legislation of the Russian Federation and of constituent entities of the Russian Federation, and also taking into account legal positions of the constitutional Court of the Russian Federation the article considers topical issues of legislative development to ensure the rational and efficient use and protection of land in light of development of social functions of natural resources and improving the welfare of citizens, and ensure the constitutional regime of use of land and other natural resources as public (public) domain, the natural basis of social-environmental well-being of present and future generations of the peoples of Russia. As positive examples of advanced legal regulation of land relations at the regional level, the author considers legal forms of stimulating land use and the socio-monetary forms of preventive protection of land resources from irrational and inefficient use.
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Bertilsson, Thora Margareta. "Disorganized Knowledge or New Forms of Governance." Science & Technology Studies 15, no. 2 (January 1, 2002): 3–16. http://dx.doi.org/10.23987/sts.55142.
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The theme of this paper is a paradoxical problem threatening to afflict modern knowledge societies: how abundance of knowledge can turn into a deficit of knowledge at the same time. Within debates on globalisation, a constantly debated issue relates to the problem of finding new mechanisms of governing societies no longer bounded by the authority of the traditional bureaucratic state. Such concerns typically focus on the weaknesses of national politics and legal mechanisms in controlling the movement of capital in an unrestricted world economy. The point of this discussion is to focus on yet another complex of issues related to the rise of global knowledge societies. Intrinsic to such societies, not the least because of the explosive growth of ICT, is the abundance of communication, information and of unrestricted knowledge. Such abundance not only generates rapid and disorganised movements of capital flows across the world, but, and this is the point of this presentation, it also leads to rapid and disorganised flows of communication and understanding as far as the sciences are concerned.
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Boykina, E. E., and V. A. Chernov. "Legal Conscience of Teens from the Centennials Generation: a Prognostic Assessment." Psychology and Law 11, no. 1 (2021): 135–49. http://dx.doi.org/10.17759/psylaw.2021110111.
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Adolescence is a sensitive period for setting the groundwork of one's legal conscience on the way to the legal culture of an adult. The article analyses the projected risks for shaping the legal conscience of people for the next 10-20 years using the approach of the modern theories of generational cohorts. For the purpose of "detailed portrayal" of the anticipated image of an adult from the 2030-2040 this article contains the results of 11 studies (on centennials, iGeners, homelanders, digital natives etc.). The disputable traits of the typical representatives of these generations (that can potentially have impact on the formation process of their legal conscience) are compared: the idea of authority, the new forms of communication and education, hedonism, multitasking, planning horizon, family values etc. A number of features of the modern generation are compared with the fundamental elements of the structural and functional model of legal conscience (Ratinov A.P), particularly from the viewpoint of some systems: cognitive, regulative and evaluation. The postulates of the generation theories are critically assessed. We also analyse the general tendencies for the interaction of generations from the perspective of legal socializing.
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LAPSHIN, V. Ye, and V. V. SHAKHANOV. "Local rule-making as an element of local legal order." Ius Publicum et Privatum 4, no. 14 (November 18, 2021): 23–28. http://dx.doi.org/10.46741/2713-2811-2021-4-23-28.
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The article analyzes the problematic issues of the content of local rule-making activity, which is considered as an element of the local legal order. It is noted that local rule-making should be necessary, not accidental. Local regulations acts are correlated with corporate acts. It is proposed to consider them as independent but partially overlapping phenomena. The segment of their intersection depends on the direction of legal regulation, methods of objectification outside and the type of the subject that generates them. The tendency of decentralization of legal regulation and its influence on the local legal order is noted. Local legal regulation has a limited scope of regulation (within a collective formation), is subordinate in nature, implements a generally permissible approach in a strictly defined legal framework and forms a local legal order
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De Oliveira, Celso Maran, Ozelito Possidônio Amarante Junior, Celso Antonio Pacheco Fiorillo, and Pedro Luciano Colenci. "Regulation of surface and subterranean fresh water in the MERCOSUR regional integration." Ambiente e Agua - An Interdisciplinary Journal of Applied Science 11, no. 2 (April 15, 2016): 291. http://dx.doi.org/10.4136/ambi-agua.1666.
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This work discusses the regulatory standardization among countries that are party to MERCOSUR. This standardization forms the legal and institutional framework for maintaining important and strategic water resources, which require such regulation in order to be preserved and protected for present and future generations. Due to the lack of general legislation relating to MERCOSUR’s water resources, it was necessary to study the main multilateral agreements among the MERCOSUR countries, such as the Amazon Cooperation Treaty and the River Plate Basin Treaty relating to surface water, and also the legal points included in a recent joint statement of the presidents of the Mercosur States regarding the Guarani Aquifer, which is an important resource for current and future generations of the MERCOSUR. The survey was developed using the hermeneutical method, based upon surveys and analysis of international legislation involving MERCOSUR member states, multilateral treaties relating to transboundary waters and groundwater zones and also included a search of bibliographic materials, books, journals, thematic maps, information and documents available on the Internet. The combination of the sparse legal rules covers most legal relationships between MERCOSUR member states relating to water.
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Pashentsev, Dmitriy A. "The legal culture of Russian society before the challenge of digitalization." Vestnik of Saint Petersburg University. Law 12, no. 3 (2021): 771–82. http://dx.doi.org/10.21638/spbu14.2021.317.
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In the article, the issue of the influence of modern digital technologies on legal culture is analyzed from the perspective of current post-classical methodology, primarily constructivism and anthropocentrism as areas of sociological jurisprudence. The legal culture of Russian society is analyzed based on the historical and anthropological theory of law in conjunction with legal tradition. The vital role of legal culture in the mechanism for constructing social reality is emphasized. The concept of legal culture integrates legal and non-legal elements; it is synthesizing for the individual with its legal status, a society with its legal system, the state with the legislation it adopts and the law enforcement system it forms. It has been shown that the dynamics of legal culture amid digitalization is determined by the relationship of traditional and new legal values, as well as the contradiction between traditionalism and universalism in their axiological aspect. Digitalization affects the individual and collective legal consciousness of legal subjects as carriers of legal culture, thereby determining the dynamics of its fundamental characteristics. The influence of digital technologies on the value content of Russian legal culture is also examined. The dynamics of legal values in a digital society is presented. It is highlighted that the transfer of legal culture between generations is carried out through social relay. Digitalization entails a “digital divide” between generations, disrupts existing mechanisms for the transfer of legal experience and legal values, since the younger generation is much more immersed in a virtual space where they carry out essential social communication than the older generation. In this context, a systematic and focused effort by the state and civil society institutions is needed to take advantage of the opportunities offered by digital technologies for the legal education of young people.
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STOCKMEYER, NORMAN OTTO. "The Law of Confusion: An Examination of Misunderstanding, Mistake, and Ignorance in Contract Law." Michigan Academician 45, no. 2 (January 1, 2018): 347–53. http://dx.doi.org/10.7245/0026-2005-45.2.347.
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ABSTRACTCourts have distinguished between several forms of confusion on the part of parties to a contract. This article examines the leading cases defining these related states of mind and their differing legal effects. It offers a fresh look at old chestnuts familiar to generations of law students: cases involving two sailing ships, a pregnant cow, and an uncut diamond. And it shares revealing backstories rarely mentioned in law school.
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Sancho López, Marina. "Internet, Big data y nuevas tecnologías: repercusiones y respuestas del ordenamiento jurídico | Internet, Big data and new tecnologies: implications and responses from the legal system." Cuadernos Electrónicos de Filosofía del Derecho, no. 39 (May 14, 2019): 307. http://dx.doi.org/10.7203/cefd.39.13966.
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Resumen: Cada uno de los movimientos que se suceden en la red genera información que se digitaliza en código binario y se almacena masivamente. La arbitrariedad con la que operan las grandes corporaciones del Big data así como la opacidad de los algoritmos empleados por la inteligencia artificial han dado origen a nuevas formas de vulneración de derechos, dónde la intimidad y el honor han resultado los primeros damnificados. Este escenario requiere un replanteamiento de conceptos jurídicos como estado o vida privada que han cobrado nuevos significados y demandan construcciones jurídicas capaces de reforzar el control sobre nuestros derechos más fundamentales.
Abstract: Each of the movements that occur in the network generates information that is digitized in binary code and it is stored massively. The arbitrariness with which the Big Data corporations operate as well as the opacity of the algorithms used by artificial intelligence have given rise to new forms of violation of rights, where intimacy and honour have been the first victims. This scenario requires a rethinking of legal concepts such as state or private life that have taken a new meanings and, therefore, they demand legal constructions capable of reinforcing control over our most fundamental rights.
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Septian, Ilham, and Ali Abdurahman. "Legal Status of Law Elucidation in The Indonesian Legislation System." PADJADJARAN Jurnal Ilmu Hukum (Journal of Law) 8, no. 1 (2021): 92–120. http://dx.doi.org/10.22304/pjih.v8n1.a5.
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Law elucidation is the interpretation of norms contained in the body of the law. Since the Constitutional Court reviewed the elucidation, several legal issues have arisen regarding law elucidation in the Indonesian Legislation System. The first is the formal (binding force) and material (material content) legal status of the law elucidation. The second is the extent to which the Constitutional Court can review the law elucidation. This study employed normative juridical and evaluative methods; and generates several conclusions. First, the law elucidation has binding legal force. Second, there are two forms of the elucidation content: (1) interpretation in the form of norm; and (2) interpretation that is not in the form of norm. Third, the elucidation can be reviewed if it contradicts the body of the law, other the laws that regulate the same substance, or contrary to the 1945 Constitution. Fourth, the elucidation needs to be separated from the law framework. Consequently, the elucidation does not contain essential content and does not cause constitutional problems if the content is problematic. Lastly, the elucidation needs to contain the aims and objectives of each article's existence. Therefore, the law enforcers can implement the law according to the legislators' wishes.
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Kysar, Douglas A. "Global Environmental Constitutionalism: Getting There from Here." Transnational Environmental Law 1, no. 1 (March 13, 2012): 83–94. http://dx.doi.org/10.1017/s2047102511000057.
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AbstractDominant analytical approaches to environmental law exhibit a similar, problematic form: they treat that which should be outcome determining as, instead, outcome determined. This form is most evident and influential in the welfare economic technique of regulatory cost–benefit analysis, which treats all resources – including the monetary value of human lives – as potential means towards seemingly higher yielding ends. In contrast, an environmental constitutionalism, in which certain needs and interests of present and future generations, the global community, and other forms of life are given foundational legal importance, would help to restore conceptual coherence and normative priority to the subjects of environmental law.
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Gavrilova, Yulia, and Olga Rybakova. "The Transformation of Legal Policy in the Context of Digitalization of the Legal Reality." Legal Concept, no. 4 (February 2021): 17–23. http://dx.doi.org/10.15688/lc.jvolsu.2020.4.2.
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Introduction: the technical and technological transformations of modern society are taking on a global scale and the consequences which are difficult to predict for humanity. The digital age increases a person’s dependence on the results of their intellectual work and generates a certain value conflict. The peculiarity of the modern stage of information and technological society is that technologies become part of social reality; they go beyond the relationship “man – technology – technical result”. The purpose of the research is to formulate a conceptual view of the transformation of legal policy in modern society, which is constantly in the process of digital changes. The research aims to reveal new problems that arise in the digital society, to propose a review of the role of traditional legal means, in particular, legal policy in order to design innovative technical approaches and high-end technologies in society. Methods: the paper uses philosophical and general scientific principles; system, genetic and activity approaches; the methods: formal legal, analysis and synthesis. Results: information becomes an essential condition for ensuring human survival in a complex world that is moving along the path of informatization, digitalization, and technologization. By introducing techniques and technologies into their life and practice, people are guided by the goals of humanization, creative self-expression, and unlimited improvement of their own nature. But in any activity there are “side effects” that hinder the progressive intellectual and spiritual growth of humanity. These inhibitory factors are determined both by the properties of the information itself and by the objective characteristics of the social reality in which this information circulates. Technological progress, information, risks, law, legislation, and the values of society – these are the key “assemblage points” around which the modern domestic legal policy is built and implemented. Conclusions: legal policy in modern Russia is being transformed and presented as a special activity of social actors to adequately transform the legal reality in accordance with the needs of the developing information society using legal forms and methods based on modern information and communication technologies.
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Fapetu, Oluwaseun Samson, and Elijah Adewale Taiwo. "A BASIC LAND SALE AGREEMENT SOFTWARE: EXPLOITING ICT IN LEGAL PRACTICE IN NIGERIA." International Journal of Research -GRANTHAALAYAH 9, no. 7 (July 31, 2021): 122–36. http://dx.doi.org/10.29121/granthaalayah.v9.i7.2021.4081.
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The use of Information Communication Technology (ICT) has permeated every profession, sector and facet of life. Although it has been slow in its application to legal practice in Nigeria, the prospect of ICT in law is promising and unending and it has resulted in the field of Artificial Intelligence (AI) and Law. AI and Law has many branches of which legal document automation forms an important part with high applications to drafting agreements. The paper examines the functionality of a programme written by the first author that automatically generates land sale agreements between natural persons, with the aim of ascertaining if the programme conforms with the appropriate provision of applicable laws. The paper examines the laws applicable to land sale agreements in Nigeria and finds that the document produced by the programme conforms with the provisions of these Laws. The paper also examines the issues that may arise in the use of the programme or similar programmes.
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Raharja, Ivan Fauzani, Hafrida Hafrida, Retno Kusniati, Sasmiar Sasmiar, and Ahmad Ridha. "The Legal Protection of Sustainable Agricultural Land: Why is It Urgent?" Jambe Law Journal 4, no. 2 (November 30, 2021): 151–70. http://dx.doi.org/10.22437/jlj.4.2.151-170.
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The phenomenon of rapid population growth and land conversion is what forms the background of this study. The Indonesian state does not only lose its agricultural land but also its farmers. This is the concern of the Government, including Local Governments, considering that agricultural land in its territory needs to be saved for food security and the needs of the next generations. Indonesia, including Jambi Province, will no longer have agricultural land and enough farmers in the future if this condition continues. Sungai Penuh of Jambi Province has been chosen as an object of study since this city is one of the main rice producers but suffering from agricultural land conversion. In realizing the goal, Legal policy is an option to implement because it binds not only the Local Government but also the community. That’s why it is important to protect agricultural land through a legal framework to ensure the availability of agricultural land. This article argues that the problem has to find ways by establishing local regulation to protect the sustainability of land and the prosperity of the farmers as well as by providing comprehensive incentive programs for those who conserve it.
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Prica, Miloš. "Expropriation in a material sense." Zbornik radova Pravnog fakulteta Nis 59, no. 89 (2020): 139–60. http://dx.doi.org/10.5937/zrpfn0-29394.
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Expropriation as a legal institute is both narrower and broader than expropriation in a formal sense (formal expropriation). Expropriation in a formal sense implies a due legal process of revoking or restricting the ownership right in a particular legal case by the operation of the law. Formal expropriation generates the establishment of various legal institutes, one of which is expropriation in a material sense. On the other hand, expropriation as a legal institute emerges outside the scope of formal expropriation), which occurs within the framework of restricting one's private ownership, as a result of direct statutory regulation (legislation) in particular areas of the legal order, and a result of the legal regulation in particular cases in judicial and other legal proceedings. Expropriation in a material sense exists only in cases where the transformation of private ownership into public ownership occurs through expropriation in a formal sense, for the purpose of achieving a specifically designated general interest, including the possibility of return to the previous state of affairs (de-expropriation). De-expropriation takes place at the request of the former owner if it is established that the intended purpose of expropriation has not been achieved. In effect, the possibility of de-expropriation is the differentia specifica that separates expropriation in a material sense from other legal institutes related to expropriation in a formal sense, as well as from quasi-expropriation and other forms of revoking and restricting the private ownership right under the legal authority of the state.
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Ershov, V. V. "Legal State is the Goal of the Rule of Law." Pravosudie / Justice 2, no. 4 (December 25, 2020): 109–30. http://dx.doi.org/10.37399/2686-9241.2020.4.109-130.
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Introduction. The term “legal state” can be found in numerous international and national legal instruments, as well as in the works of contemporary scholars and scholars of previous generations. This word combination is widely used by politicians and lawyers. Its various applications dictate the need for a definition of the essence of the “rule of law” and its manifestations. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which only principles and norms of law contained in a single, multilevel and developing system of national and international law forms implemented in the state, the article concludes that it is theoretically debatable that in the special literature, international and national legal documents and legal acts two separate concepts of “rule of law” and “legal state” exist. Results. The notion of the rule of law has a long history of development. In the relevant context, the concept appeared as early as in the writings of Plato and Aristotle. At present, there are also many scientific works devoted to the study of this issue, which is still relevant. The article analyses the notion of the “rule of law” from the perspective of legal positivism as well as the scientifically grounded and scientifically debatable concept of integrative legal understanding. Based on the results of the study, the author concludes that the concept of “the rule of law” has evolved in different historical epochs under the influence of social, economic factors, emerging scientific views, but is still incomplete. From the perspective of the scientifically based concept of an integrative legal understanding, the author believes that it is theoretically more reasonable to view the rule of law as the goal of regulating legal relations in a legal state, self-limited not only by “internal” law, but also limited by “external” law. Discussion and Conclusion. Concepts of the rule of law according to the types of legal understanding of the researchers can be classified into concepts developed on the basis of: legal positivism (‘thin’ concepts; scientifically debatable concepts of integrative legal understanding, arguably synthesising both the right and the wrong); scientifically substantiated concepts of integrative legal understanding. According to the latter approach, a valid legal state is not only self-limited by “internal” law, but is also limited by “external” law, and theoretically more precisely by the principles and norms of law contained in a single, evolving and multilevel system of national and international law forms.
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Johns, Leslie. "The design of enforcement: Collective action and the enforcement of international law." Journal of Theoretical Politics 31, no. 4 (September 26, 2019): 543–67. http://dx.doi.org/10.1177/0951629819875514.
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International organizations (IOs) play a vital role in enforcing international law. I argue that collective-action problems and the design of legal-standing rules drive decisions about whether to enforce international law. When cooperation generates concentrated benefits—such as compensation for the expropriation of foreign investment—transnational standing can work well because the cost and benefit of enforcement are both fully internalized by the litigant. However, when cooperation generates diffuse benefits—like a cleaner environment—individuals and even governments have the incentive to free ride on enforcement, avoiding the cost of litigation in the hopes that another actor will step up. In such circumstances, supranational standing is necessary to uphold international law. Finally, hybrid regimes, which contain multiple forms of enforcement, are most needed when an IO has members that vary in their ability to enforce, or regulates issue areas that vary in their diffuseness.
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Popova, Ol'ga Vladimirovna, Alla Arkad'evna Serebryakova, and Yuliya Konstantinovna Tsaregradskaya. "About State Support of Traditional Forms of Farming in Rural Areas." Сельское хозяйство, no. 4 (April 2022): 1–8. http://dx.doi.org/10.7256/2453-8809.2022.4.39528.
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The authors ask questions: is it necessary to maintain traditional values in modern conditions? In particular, is it necessary to maintain family values, in conditions when the emancipation of women, modern technologies allow a man and a woman to be independent of each other not only economically, but even in such a process as the birth of children. Is it necessary to support traditional forms of management, including family work, peasant (farmer) farms, whereas it is obvious that currently agricultural industrial complexes have a significant competitive advantage over small businesses, labor productivity at large enterprises is higher than in small family business structures. Lawyers are removed from these problems or are removed themselves, reserving only the right to formalize the decisions made by politicians and economists, whereas human rights, both economic and social, national security and the life of future generations directly depend on the solution of these issues. In addition, the law has a set of legal means to ensure the implementation of the policy chosen by the state, including various ways of state support for priority social institutions and necessary types of economic activities for the sustainable development of the state and society, for those purposes that are recognized as socially useful. The authors come to the conclusion that state support of traditional values, traditional family, traditional forms of management should be carried out, offer options for presenting state support, its addressees and goals. However, the state's interference in the way of a particular family, household, family business should be strictly limited.
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Kovalev, Andrei Andreevich. "Correlation and dialectical connection of law and culture as a problem of the philosophy of law." Философия и культура, no. 12 (December 2020): 11–24. http://dx.doi.org/10.7256/2454-0757.2020.12.34508.
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The dialectical connection of law and culture is the relevant subject of research in philosophy, theory, and sociology of law, first and foremost due to the fact that insufficient theoretical substantiation lawmaking activity of politicians currently generates serious issues. Those of one cultural-legal traditions are unable to understand their partners belonging to another legal culture. Any modern legal theory should take into account the definition of culture the backbone factor for modern civilization. The novelty this research consists in examination of the fundamental aspects of “law-culture” system alongside on the analysis of views of Western researchers previously unfamiliar to the Russian science. The goal of this work lies in revealing the key aspects of dialectical connection of law and culture and their correlation in modern era. The philosophy of law features ambivalent interpretation of the phenomenon of law: 1) as one of the forms of collective consciousness – along with culture, morality, philosophy, science ,or religion; 2) in broad view of culture as a synonym of civilization, law would manifests as the crucial element of culture that generates multiple realities of sociocultural life of the people, society and the state. The research of dialectical connection of law and culture developed in the modern era, may contribute to resolution of complex problems that emerge in the contradictory “law-culture” system, which is of vital importance for the existence of separate national communities, as well as for survival of all the entire humanity.
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Kokina, Maria Nikolaevna. "Approaches to the definition of constitutional traditions." Cuestiones Políticas 40, no. 72 (March 7, 2022): 704–15. http://dx.doi.org/10.46398/cuestpol.4072.41.
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The author of the article analyzes the definition of constitutional traditions under the influence of various legal cultures; It also considers the various existing approaches to the definition of constitutional traditions and, at the same time, proposes its own approach to understanding these traditions in their particular context. The results show that constitutional traditions are formed over several generations, therefore, they always reflect the fundamental specificities of a sociocultural system. The author also highlights the factors that influence the perception of constitutional traditions in different legal-constitutional cultures. For the rest, the article studies the most widely disseminated approaches to understand constitutional norms that do not always fully coincide with the canons of constitutional and legal culture. Methods of scientific and general philosophical cognition are used to explore the constitutional tradition from different perspectives of analysis. It is concluded that constitutional traditions, as a whole, can be characterized as elements of the constitutional legacy that preserve the fundamental values of democracy, the constitutional order, the mechanism of state power and the constitution-based political system, as well as the constitutional forms of government enshrined in law.
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Askew, Hannah. "LEARNING FROM BEAR-WALKER: INDIGENOUS LEGAL ORDERS AND INTERCULTURAL LEGAL EDUCATION IN CANADIAN LAW SCHOOLS." Windsor Yearbook of Access to Justice 33, no. 1 (January 29, 2017): 29. http://dx.doi.org/10.22329/wyaj.v33i1.4808.
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This article investigates educational strategies that law schools could implement to honour Recommendation #28 of the Truth and Reconciliation Commission and foster strong intercultural interpretation and communication skills amongst new generations of legal professionals in relation to Indigenous legal viewpoints. The paper is divided into four sections: the first draws on Indigenous legal scholarship to explore definitions of Indigenous law; the second provides a case study of one method of learning Indigenous law based on the author’s personal experiences of being taught Annishinabe law at Neyaashiinigmiing (a reserve community on Georgian Bay); the third discusses some of the initiatives, opportunities and challenges involved in integrating Indigenous legal traditions into the curriculum of Canadian law schools; and fourth and final section highlights some of the concerns being raised as these initiatives develop, and the related need for the legal profession to proceed with caution and humility. Cet article porte sur les stratégies d’éducation que les écoles de droit pourraient mettre en œuvre pour donner suite à la recommandation n° 28 de la Commission de vérité et de réconciliation et promouvoir de fortes aptitudes en interprétation et communications interculturelles chez les nouvelles générations de professionnels du droit en ce qui concerne les points de vue juridiques autochtones. Le texte compte quatre sections : la première présente diverses définitions juridiques fondées sur la théorie du droit autochtone; la deuxième traite d’une méthode d’apprentissage du droit autochtone fondée sur l’expérience que l’auteur a vécue lorsqu’il a fait l’apprentissage de la loi anishinaabe à Neyaashiinigmiing (communauté vivant sur une réserve indienne située dans la baie Georgienne); la troisième porte sur les initiatives, possibilités et défis liés à l’intégration des traditions juridiques autochtones dans le programme des écoles de droit canadiennes; enfin, la quatrième et dernière section met en relief quelques-unes des préoccupations soulevées au fur et à mesure que ces initiatives prennent forme, et la nécessité pour la profession juridique de faire preuve de prudence et d’humilité.
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Li (李永), Yong. "Institutional Discrimination and Workplace Racism." Journal of Chinese Overseas 16, no. 2 (November 11, 2020): 267–301. http://dx.doi.org/10.1163/17932548-12341426.
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Abstract For the past ten years, foreign students have provided the largest contingent of skilled migrants in France. Yet both the career paths of these graduates and their subjective experiences have remained largely unexamined. This paper focuses on the difficulties of Chinese graduates in France initially during their period of job seeking and then in their working lives. The paper has a two-fold objective. Firstly, it highlights the discriminatory nature of French immigration policy, one which maintains non-EU foreign graduates in a precarious legal position during the transition from study to work. Their precarious situation generates discrimination in the workplace from employers. Secondly, it shows that in the contemporary business world Chinese employees are subjected to subtle forms of racism, forms that are embedded in the routine functioning of companies. These experiences of discrimination and racism have a strong impact on these Chinese employees’ career paths and their access to rights.
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Perry, Ronen. "The Third Form of Justice." Canadian Journal of Law & Jurisprudence 23, no. 1 (January 2010): 233–47. http://dx.doi.org/10.1017/s0841820900004884.
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IzhakEnglard, a prominent tort scholar and a former justice of the Supreme Court of Israel, has dedicated the last few years to an unprecedented research project, aimed to “retrace the long and complex history of the Aristotelian conceptual distinction between distributive and corrective justice from antiquity to the present day.” Modern legal theorists are well versed in the Aristotelian concepts. But although these concepts have engaged “the most brilliant philosophical, legal, and theological minds for generations,” the millennial treatment of the Aristotelian distinction has been disregarded in recent times. Englard’s recently published book brings the cumulative knowledge to the attention of contemporary thinkers, offering an opportunity to enhance and deepen ongoing jurisprudential discourse.Englard has structured the book chronologically (with a single exception), on the grounds that a topical arrangement would be impractical due to its complexity. Nonetheless, one can break down his sequential analysis of discrete manuscripts and extract fascinating inter-temporal debates on concrete questions that have occupied the minds of Western thinkers for centuries. This Critical Notice focuses on one of the main themes that run throughout the book, and may be of the greatest importance to contemporary legal theorists, namely the place of retributive (punitive, vindictive) justice within the Aristotelian framework. Following a short presentation of the Aristotelian text, this Critical Notice utilizes Englard’s painstaking study to systematically evaluate four possible attitudes to the place of retributive justice vis-à-vis the Aristotelian forms: (1) retribution is part of corrective justice (the Thomist position); (2) retribution pertains to distributive justice (the Scotist position); (3) retribution combines both forms of justice; (4) retribution is a third form of justice.
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Rodiyah, Rodiyah, Batari Laskarwati, Ali Masyhar, and Waspiah Waspiah. "How Should Student Behave? A Legal Ethics and Policy towards Nationalism and Anti-Radicalism Characters." Journal of Indonesian Legal Studies 4, no. 2 (November 30, 2019): 259–76. http://dx.doi.org/10.15294/jils.v4i2.34343.
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The university has become an important place in the cultivation of character for generations in many countries. Many universities in the world also apply a variety of systems in making policies to shape the character of campus communities, including students. This study aims to analyze legal and ethical policies for students in fostering an attitude of nationalism and anti-radicalism. This study also aims to describe the various forms of implementation of student ethics policies that are applied in the Faculty of Law, Semarang State University, Indonesia. This study uses a qualitative method with direct data collection through observation and interviews. This study bases its analysis on the theory of the operation of Lawrence M Friedman's law. The results of this study indicate that legal and ethical policies for students are interpreted by a variety of different interpretations both between managers and students. Various cases of inequality of perception lead to pros and cons. However, this research proves that the implementation of legal ethics and student character policies have been regulated in various rules, both at the national level (ministerial regulation), university level (rector regulation), and faculty level (dean regulation) all of which emphasize on forming attitudes nationalism and anti-radicalism.
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Faykov, Dmitry Yu, and Dmitry Yu Baydarov. "«Big Sarov»: explicit and implicit consequences of territorial deployment of science." Economic Revival of Russia, no. 4 (70) (2021): 128–46. http://dx.doi.org/10.37930/1990-9780-2021-4-70-128-146.
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The possibilities of developing fundamental science outside of large agglomerations, primarily in places with a high concentration of research and development, are considered. It is shown that the territorial location of scientific centers and large installations generates effects related to the diversification of the economy of cities, the interaction of defense and civil science, with forms of international cooperation, organizational and legal definition of scientific projects of the “mega-science” class, the development of quality of life, etc. An attempt is made to reveal the causes of these effects and their impact on the development of scientific activities. On the example of the project of the Center for Fundamental Science in Sarov, theoretical and practical solutions to issues related to the peculiarities of territorial placement are proposed.
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Petukhov, N. A., and Yu M. Kuntsevich. "Organization and Activities of the Military Tribunals of the Leningrad Front during the Defense of Leningrad." Rossijskoe pravosudie 5 (April 17, 2020): 5–19. http://dx.doi.org/10.37399/issn2072-909x.2020.5.5-19.
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75 years passed after the end of the Great Patriotic War, during which the Soviet people made the main contribution to the victory over the worst enemy of mankind – Hitler Germany. It is necessary to remember this and keep forever for future generations the heroic deeds and exploits of the Soviet people in the harsh years of World War II. This article on a large factual archival material comprehensively describes the activities of the military tribunal of the Leningrad Front in the conditions of the Great Patriotic War. For the first time, issues such as the formation of military tribunals of the front, the organization of military judicial work, the forms and methods of legal training of judges and the interaction of the tribunals with the Military Council of the Leningrad Front were reflected.
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Фехтел, Елена, and Elena Fekhtel. "Corporate responsibility of business as an innovative approach to solving social problems." Services in Russia and abroad 9, no. 1 (June 25, 2015): 94–103. http://dx.doi.org/10.12737/11712.
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Currently, in the society of various countries there are transformational processes affecting the legal, political and social spheres. Innovative changes in the economy, politics and law lead to rapid modifications of many established social stereotypes, attitudes and structures. Questions of civil society and of individual spheres of life are essential components of the internal and foreign policy. Effective and innovative development of different countries depends on the quality of life and well-being of citizens. Reliability and stability of the rule of law is dependent on the legal competence and cross-sectoral cooperation between the parties. State and civil society in the framework of the democratic structure are interested in supporting each other. Corporate social responsibility is one of the leading themes in the contemporary debate about the methods and mechanisms for the sustainable development of society. As a new field of knowledge, it generates new concepts in the context of transformation of society. At the present stage of development of civil society the socially responsible type of business conduct is an activity of the commercial sector in their political and legal forms, corresponding to the interests of society. Cost-effectiveness encourages socially responsible business to actively seek ways and forms of interaction between government, business and social interest groups. New mechanisms of mutual relations in the future will become the leading basis to improve the management of social processes in order to manage the risks of undermining the stability and predictability of the prospective development of the democratic state. The article substantiates the conclusion that only the ability to combine the interests of different groups and stakeholders to transform cultural heritage, value opinion in their own strategic objectives and processes for effective decision-making in various spheres of social life of the community will be able to survive in the conditions of globalization.
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Alekseevich Solopov, Vladimir, Alexey Aleksandrovich Verkhovtsev, Galina Vyacheslavovna Korotkova, Nina Ivanovna Rudneva, Victoria Aleksandrovna Voropayeva, and Tatyana Nikolaevna Cnernyaeva. "Legal and Professional Competence in the Preparation of Agrarians: Autonomy or Synergy?" International Journal of Engineering & Technology 7, no. 4.38 (December 3, 2018): 528. http://dx.doi.org/10.14419/ijet.v7i4.38.24616.
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Modern Russia, being the agrarian-industrial country, sharply feels the need for highly qualified specialists of the agrarian sector. It is promoted by the new vector of the development directed to full import substitution of agricultural food. In these conditions, the inconsistency of the existing system of vocational education in Russia was revealed to the modern requirements of the domestic labor market. The professional community states the problem of staff shortage on the background of the annual numerous inflows of university graduates to the labor market. This situation has the right to claim that young specialists are often not ready for the independent professional activity according to their qualification.At the heart of many attempts to identify the primary sources of trouble in terms of staffing of the agricultural sector lies, first of all, the idea of over-theoretically preparing of the future specialists in universities and the substantive content of federal educational standards on which the universities are oriented in the context of the implementation of educational initiatives.It is assumed that the content of standards, verified and regulated by the ministry, determines the essence of the training of students of different educational levels and different areas of training. However, in the implementation in educational process of GEF of several “generations”, the incompatibility of the formed competencies showed the real needs of the professional community. These facts became the primary reason for the annual approval of new requirements for higher education and, finally, focused on professional standards.The initial assumption is that the agrarian sector specialist should receive a practical-oriented education that forms professional and legal competence as the basis for future professional activity.
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KOZHAKHMETOV, Galym, Guldana KUANALEEVA, and Saulen NURZHAN. "Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries." Journal of Advanced Research in Law and Economics 8, no. 7 (June 10, 2018): 2178. http://dx.doi.org/10.14505//jarle.v8.7(29).16.
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This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism.
In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.
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KOZHAKHMETOV, Galym, Guldana KUANALEEVA, and Saulen NURZHAN. "Issues of Legal Regulation of the Executive Authority in the Republic of Kazakhstan and Foreign Countries." Journal of Advanced Research in Law and Economics 8, no. 7 (December 30, 2017): 2168. http://dx.doi.org/10.14505/jarle.v8.7(29).15.
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This article consecrates topical issues of executive power, which points to one of the most acute problems of world society. The executive branch is recognized as one of the three branches of the unified state power by the current constitutional doctrine and practice of the Republic of Kazakhstan - a unitary state with a presidential form of government. The process of management constant development has a direct impact on the system of executive power and the structure of individual executive bodies, generates the demand for an in-depth analysis of this influence, its consideration in the creation and functioning of an integral, rational, effective state mechanism.
In order to create a modern complex theoretical vision for the scientific legal foundations of a strong and effective executive branch operating in the public system of the Republic of Kazakhstan, which is established as a democratic, legal, social and secular state, the highest value of which is a human, his rights and freedoms, in this study are considered the theoretical concepts, practical aspects of the concept and executive power place as a full-fledged element of the state - the object of the constitutional, administrative and legal sanctions; system, structure, legal and organizational forms of executive bodiesactivity; as well as the main problems of legislative regulation, further construction and functioning of the executive power in Kazakhstan.Recommendations and proposals have been developed to improve a number of legal measures for the executive power enhancement. The analysis of the main historical studies that explain the nature of executive power in foreign countries and in Kazakhstan and its main role in the development of the state and law is carried out.
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Zedalis, Jennifer. "The Time-traveling Lawyer: Using Time Travel Stories and Science Fiction in Legal Education." British Journal of American Legal Studies 11, no. 2 (November 1, 2022): 355–78. http://dx.doi.org/10.2478/bjals-2022-0008.
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Abstract Science fiction and time travel can be used to inform and enhance the education of law students in profound ways. Within the broader field of law and literature, the relationship between law and science fiction, especially time travel stories, is rich and useful. Themes and concepts in time travel can be applied in the exploration of existing legal philosophies as well as a more expansive and engaging study of power, authority, freedom, and a number of global issues. As governments and people worldwide wrestle with climate change, armed conflict, pandemics, and the increasing significance of artificial intelligence and other advances in technology, time travel stories give students unique contexts in which to consider what law is and the degree to which it defines human experience. For generations, brilliant science fiction writers have offered thought-provoking stories and worlds that law professors and their students can use to reimagine legal thought and practice. Like its close relatives, mythology and fantasy, the science fiction genre is untethered to current social or political experience or projections necessarily corrupted by narrowly conceived historical perspectives. Science fiction writers are interested in illuminating possibilities by considering identifiable problems in unidentifiable environments. It is no accident that gender identity, racism, reproductive rights, extremist ideologies, global health crises, and various recognizable forms of labor exploitation are addressed in provocative and insightful ways by a number of the best science fiction writers. Law has a strong presence in their work. Judges, law givers, ruling groups, and other less familiar forms of power and control appear in these stories and help to move and shape the experience of the time traveler. Law students can draw on the work of these writers to consider old questions in new and refreshingly broad ways. The importance of communication and access to information are also strong themes common to law and science fiction. How are concepts of truth and propaganda significant to power? Is truth necessary for legitimacy? Information technologies introduced in the science fiction world now exist in real time in forms and with speed and volume unimagined even a few decades ago. As artificial intelligence becomes dominant in many aspects of our daily lives, law students must consider how it may change law making, court procedures, entire legal systems, and perhaps even concepts of justice. As a project, law students might develop a case and conduct a trial using an AI judge or try a case to an AI jury. How human is the law? The role of emotional intelligence and concepts like mercy, restorative justice, forgiveness, or retribution are also things they might explore in seminars or other classes using science fiction literature and other time travel media as a framework.
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Gulyaeva, E. E. "Legal Regime for the Protection of Genetic Information of Indigenous Peoples and Local Communities in International Law." Kutafin Law Review 9, no. 1 (April 5, 2022): 3–38. http://dx.doi.org/10.17803/2313-5395.2022.1.19.003-038.
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The present study aims at providing an idea that the protection of genetic and genomic information of indigenous peoples and local communities should be legally established at universal and regional levels. There is a trend in many countries towards the disappearance of rare nations and peoples representing genetic diversity. In the case of the collection, processing, storage, transmission of data in the application of artificial intelligence take further action to ensure cybersecurity, develop ethical guidelines and confidentiality requirements for collection and processing genomic and genetic information on the health of indigenous peoples and local communities bearing in mind the provisions of the United Nations Declaration on the Rights of Indigenous Peoples (2007) and the International Convention on the Elimination of All Forms of Racial Discrimination (1965). Although human genes are not covered by the Convention on Biodiversity (1992), it should be applied by analogy in the case of the protection of the “genetic” heritage of mankind. The research uses general scientific and special cognitive techniques wherein legal analysis and synthesis, systemic, formal-legal, comparative-legal, historical-legal and dialectical methods are applied. The author calls on the international community to recognize indigenous genetic information from medical research as the common heritage of mankind and to establish special legal responsibility of present generations for the future of mankind at the universal level. The author of the article notes the importance of prevention the development of racial and ethnic weapons against a certain population group and to prevent the commission of the crime of “genomocide” against indigenous peoples and local communities and to comply with biosafety measures in conducting scientific research and obtaining certain genetic information, to preserve the uniqueness of the biocode of the nations and peoples inhabiting our planet.
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RATHINAM, FRANCIS XAVIER, and A. V. RAJA. "Courts as regulators: public interest litigation in India." Environment and Development Economics 16, no. 2 (March 28, 2011): 199–219. http://dx.doi.org/10.1017/s1355770x11000015.
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ABSTRACTEnvironmental regulation in the developing countries is undermined by weak enforcement. Lack of information and public awareness are fundamental factors that render informal regulation by civil society ineffective. In India, a number of environmental problems have been addressed using the institution of public interest litigation (PIL) by ‘public-spirited’ citizens. This paper examines the economic advantage of PIL over other conventional legal forms. An important outcome of judicial interventions of this kind in environmental cases in India is a spillover effect, which generates public information via media coverage. Using a case study, we test whether the judicial directives that followed a PIL filed and the subsequent spillover effect of media publicity were effective in getting the state to enforce the standards. This is done using autoregressive distributed lag models and univariate structural break analysis. The results show that judicial intervention and public information were effective in controlling pollution.
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Nikulenko, Andrey. "Police deviance: causes and possibilities of overcoming." Russian Journal of Deviant Behavior 2, no. 3 (October 31, 2022): 325–31. http://dx.doi.org/10.35750/2713-0622-2022-3-325-331.
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In modern Russia, the problem of the balance between the implementation of law enforcement activities (firstly, police ones) and ensuring the rights and freedoms of man and citizen is becoming increasingly relevant. Special significance is attached to the legal regulation of the activities of the police and representatives of other law enforcement agencies so that they have clear and understandable legal mechanisms for restricting civil rights at their disposal. However, the desire to provide a legal basis for policing, in our opinion, has led to excessive regulation of the possible and proper behavior of the police officers. Moreover, the regulatory legislation of various «law enforcement» agencies differs significantly in terms of the use of physical force, special means and firearms, in other words, means of restricting rights and freedoms. That seems reasonable, since each department solves its own tasks, but in the same situations, representatives of, for example, the FSB of Russia (the Federal Security Service of the Russian Federation), the police and the National Guard of Russia have different grounds for using weapons. The legislators’ efforts to regulate this area as much as possible have led to contradictions between various regulatory legal acts, especially in criminal legislation.
This circumstance generates various forms of deviant behavior of police officers when they face with stressful situations in their law enforcing.
In our opinion, the current norms (particularly of Chapter 8) of the Criminal Code of the Russian Federation are clearly insufficient. In addition, their statutory wording is not perfect. They make it possible to shift the blame for causing harm on persons who cause this harm under circumstances without criminality of the act.
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Moldavan, L. V. "EFFECTIVENESS OF POLICY OF PROMOTION OF SOCIAL ORIENTATION OF AGRICULTURAL DEVELOPMENT." THEORETICAL AND APPLIED ISSUES OF ECONOMICS, no. 40/41 (2020): 76–93. http://dx.doi.org/10.17721/tppe.2020.40.6.
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The main factors of social component of multifunctional purpose are revealed, the main of which are the limited spheres of employment of rural population, the village-forming mission of agricultural enterprises, due to their attachment to real estate, which is permanently located within a certain radius around these settlements and the mission of a single source of food for society and the arrangement of agricultural areas, preserving the fertility of land for the needs of future generations. The dependence of the employment of the rural population on the conditions of its access to agricultural lands and social (collective) forms of organization of small farms for joint use of lands and joint production activities is substantiated, the peculiarities of these organizational and legal forms common in Western European practice are analyzed. The essence of the state policy aimed at the rational distribution of agricultural land in the interests of the peasantry and society as a whole, and to encourage owners (tenants) of small plots of land to unite for joint activities as a factor, which influence on effective employment of the united entities management. The role of diversification of agricultural production in increasing farm incomes and creating additional jobs is substantiated. An analysis of the most common in Western European practice areas of diversification related to the development of agritourism and processing of agricultural products, which are a continuation of agricultural activities. The role of cooperative forms of agricultural processing organizations in increasing the profits of its producers and creating additional jobs for the rural population is shown. The importance of including in the social function of agriculture, the maintenance of food balance of society, which is the basis for food security and food independence of the country and the state's influence on the production of low-cost, but physiologically necessary food products is studied. Proposals were made to improve agricultural policy and the institutional and legal environment to support the implementation of agriculture's social mission, taking into account the experience gained in Western Europe and other countries.
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Pantykina, Marina. "Somatic human rights in modern conditions of technological transformation of body existence." Obshchestvennye nauki i sovremennost, no. 4 (2021): 20. http://dx.doi.org/10.31857/s086904990014757-4.
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The article raises the problem of updating the research of somatic rights in the context of the intensive impact of modern technologies on the human body. The legal and philosophical and worldview foundations of somatic rights structure the problem. In particular, the identification of the causes of their occurrence and the establishment of a content-genetic relationship with other generations of human rights made it possible to determine the specifics of somatic rights and attribute them to a new generation of human rights. Philosophical and worldview are presented as ideological prerequisites and semantic horizons for the development of somatic rights. State of the philosophical and worldview foundations raises the question of the ontological status of somatic rights, which, in turn, led to the need to highlight the forms of being of the expanded body. As a result, it is concluded that in relation to up-to-date technologizedforms of bodily existence, somatic rights should perform the function of demarcation between morphological freedom and arbitrariness.
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Christie, Gordon. "‘Obligations’, Decolonization and Indigenous Rights to Governance." Canadian Journal of Law & Jurisprudence 27, no. 1 (January 2014): 259–82. http://dx.doi.org/10.1017/s0841820900006330.
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Many contemporary Indigenous communities in Canada assert an ability to make fundamental authoritative decisions about what is acceptable use of their territories. I focus on the question of legal obligations that might befall the Crown in its relationships with these communities and their claims. I argue that any such obligations must be seen as culturally and contextually specific, not only in the sense that particular Crown obligations take on content and form within the context of the culture within which the Canadian legal system has emerged but also in the sense that this non-Indigenous culture and history generate the very meaning of the notion of ‘obligation’ here at play. This culturally determined meaning functions to make it extremely difficult to make sense of the notion the Crown actually has legal obligations in relation to Indigenous assertions of authority over territories. This suggests decolonization in this context should be focused on discursive colonization and its undoing. Along those lines I offer a sketch of what ‘legal obligation’ might mean in an Indigenous cultural-historical setting. Within this way of understanding the situation, addressing questions of Crown obligations would begin with consideration of Indigenous systems of meaning-generation. Analysis would focus on working out what it means within such normative worlds to determine a party has a legal obligation, and would then turn to what this has to say about legal obligations that might be understood to fall on the Crown.I argue that while the Crown will almost certainly not respond to claims it has legal obligations within what it takes to be separate legal systems, describing the landscape this way paints a truer picture of the world as it presents itself. The landscape has been, and continues to be, one of distinct meaning-generating peoples, each determining what it understands such concepts as ‘legal obligations’ to mean and entail. The colonial agenda has been for many generations to deny the existence of Indigenous systems, to have Indigenous communities come to think of ‘legal obligations’ in ways colonial authorities determine. Decolonization – in this form – requires a backing out of these ways of thinking. This article clears away forms of thinking that obstruct our view, giving us all an opportunity to perceive the complex landscape we in fact inhabit.
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Ingelson, Allan, and Ifeoma Owosuyi. "Reviewing the experience with the repatriation of sacred ceremonial objects: A comparative legal analysis of Canada and South Africa." International Journal of Cultural Property 29, no. 3 (August 2022): 217–41. http://dx.doi.org/10.1017/s0940739122000200.
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AbstractRecent global interest in preserving cultural identity and heritage for the future of previously colonized Indigenous groups has prompted the resuscitation of local and Indigenous cultures from the brink of extinction. The pertinence of protecting and managing cultural heritage as an endowment that transcends generations of people and serves as a ligature between their past, present, and future cannot be overstated. In this respect, the repatriation or restitution of sacred ceremonial objects (SCOs) and cultural artifacts constitutes an integral aspect of reviving Indigenous people’s cultural and living heritage, which has been eroded by colonialism and other forms of occupation. In Alberta, Canada, the First Nations Sacred Ceremonial Objects Repatriation Act is the foremost legislation that provides a formal mechanism for the return of SCOs to the First Nations. Thus far, it has successfully facilitated the repatriation of several hundred repatriated several SCOs. In contrast, South Africa’s primary heritage legislation, the National Heritage Resources Act, lacks direction and detail on the restitution of SCOs, specifically to cultural communities. With the aid of a comparative approach, this article critically examines one successful approach to the repatriation of specific sets of heritage objects in Canada and analyzes South Africa’s legal frameworks that consider SCOs as a component of its national estate within its framework for restitution and the promotion of cultural revival in cultural communities.
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Onopriienko, S. "Classification of the types of the information security as a legal category." Visnyk Taras Shevchenko National University of Kyiv. Military-Special Sciences, no. 1(49) (2022): 60–62. http://dx.doi.org/10.17721/1728-2217.2022.49.60-62.
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The purpose of the article was to propose a classification of types of information security from the analysis of theoretical sources and legislative practice. The article substantiates that information security as a scientific legal definition can be considered in two aspects: broad and narrow. In a broad aspect, information security is a set of legal acts, bodies authorized by them, organization and practice of the latter, the combination of which generates a mechanism for ensuring and protecting the information rights and interests of a person, social groups, civil society institutions, subjects of economic relations, public authorities. and military formations. In a narrow aspect, information security is the state of maximum protection of a person, society and the state from information threats. Arguments are given that, in a broad aspect, information security can be classified: a) by the source of origin of the authority to implement measures to ensure information security (natural human rights and freedoms, the Constitution of Ukraine, laws of Ukraine, by-laws); b) by types of entities providing information security (individual and citizen, civil society institutions, state authorities, local governments, military formations, enterprises, institutions and organizations of all forms of ownership); c) according to the degree of obligation to implement measures to ensure information security: the main one (for specially authorized public authorities and military formations); optional (for other public authorities); delegated (for enterprises, institutions and organizations to which the authority to implement information security measures is delegated by the relevant legal acts; optional (for citizens and civil society entities). The article substantiates that in a narrow aspect, information security includes the following types: a) according to the criterion of subjects covered by information security measures (information security of a person, corporations, civil society and the state); b) according to the criterion of information threats (political information security, military information security, economic information security, environmental information security, etc.); c) according to the criterion of achieved results (perfect and imperfect information security).
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Bouayad, Aurelien. "The Cactus and the Anthropologist: The Evolution of Cultural Expertise on the Entheogenic Use of Peyote in the United States." Laws 8, no. 2 (June 17, 2019): 12. http://dx.doi.org/10.3390/laws8020012.
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This paper explores the complex evolution of the role anthropologists have played as cultural experts in the regulation of the entheogenic use of the peyote cactus throughout the 20th century. As experts of the “peyote cult”, anthropologists provided testimonies and cultural expertise in the regulatory debates in American legislative and judiciary arenas in order to counterbalance the demonization and prohibition of the medicinal and sacramental use of peyote by Native Americans through state and federal legislations. In the meantime, anthropologists have encouraged Peyotists to form a pan-tribal religious institution as a way to secure legal protection of their practice; in 1918, the Native American Church (NAC) was incorporated in Oklahoma, with its articles explicitly referring to the sacramental use of peyote. Operating as cultural experts, anthropologists have therefore assisted jurists in their understanding of the cultural and religious significance of peyote, and have at the same time counseled Native Americans in their interaction with the legal system and in the formatting of their claims in appropriate legal terms. This complex legal controversy therefore provides ample material for a general exploration of the use, evolution, and impact of cultural expertise in the American legal system, and of the various forms this expertise can take, thereby contributing to the contemporary efforts at surveying and theorizing cultural expertise. Through an historical and descriptive approach, the analysis notably demonstrates that the role of anthropologists as cultural experts has been marked by a practical and substantive evolution throughout the 20th century, and should therefore not be restrictively understood in relation to expert witnessing before courts. Rather, this paper underlines the transformative and multifaceted nature of cultural expertise, and highlights the problematic duality of the position that the two “generations” of anthropologists involved in this controversy have experienced, navigating between a supposedly impartial position as experts, and an arguably biased engagement as advocates for Native American religious rights.
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Tikhomirov, Yuri, Nikolai Kichigin, Fatima Tsomartova, and Sayana Balkhayeva. "Law and Digital Transformation." Legal Issues in the Digital Age 2, no. 2 (July 27, 2021): 3–20. http://dx.doi.org/10.17323/2713-2749.2021.2.3.20.
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The coexistence of digitization and law fuels their mutual influence and calls for scholarly inquiry into their mutual impacts and the effects thereof. Technization of society has contributed to society’s development, and the objectives and vectors of this process have been in many ways informed by public and other social institutions, including law. Like before, digitization at its current stage combines social and technological mechanisms of managing societal processes, ingrained into the wide socio-economic context and connected with the implementation of the nation’s strategic objectives. Similar phenomena and processes have a strong impact beyond Russia’s borders as well. All this poses challenges for law. The article is an attempt to analyze legal challenges of digitization applying the method of comprehensive, intersectional and systemic analysis, which breaks down the excessive compartmentalization of sector-specific legal sciences and takes into account the relationship between national and international law, as well as advances in other social sciences. The new digital technologies transform law’s functionality, and this, firstly, is reflected in the dynamically developing sector-specific legislation, and secondly, adds a distinctive dimension to the new laws and regulations of general character that create the basis for digitization. Digitization transforms the way subjects of law operate and the volumes of legal relations between them; generates new forms of administrative decision-making and of liability for non-implementationof these decisions; problematizes the subject area of the legal nature of technical (electronic) legal acts and the place they occupy in the legislative and regulatory framework; highlights the issue of the potential and limitations of automation of law. The study leads the researchers to conclude that in the age of digital transformation of economy, social sphere and public administration, law steadily continues to function as the regulator of socio-economic and other processes in society, ensuring both stability and the necessary transformational activities of individuals and public institutions.
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Guzeeva, O. S. "Constitutional Framework of Criminal Liability for Abuse of Rights and Freedoms." Вестник Пермского университета. Юридические науки, no. 51 (2021): 133–52. http://dx.doi.org/10.17072/1995-4190-2021-51-133-152.
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Introduction: the prerequisite for socially dangerous acts to be criminalized is their illegality; one of the forms of such acts is abuse of rights, when the behavior of the subject causing harm to the rights and interests of other persons has an external form of exercising his/her right. Criminal liability for abuse of rights has specific features that significantly distinguish it from other criminalization processes. Purpose: to analyze the theoretical foundations for constructing the grounds of criminal liability for abuse of rights, with the analysis being performed through the prism of criminal law and constitutional provisions. Methods: system analysis, formal and dialectical logic, modeling, method of interpretation of legal norms, method of constitutional examination, comparative legal method. Results: abuse of rights covers both situations of using rights to the detriment and those where the person goes beyond the limits of the right granted to him/her. It is necessary to distinguish between two types of abuse of rights. 1) Abuse of rights by government officials. In criminal law, it generates two problem situations: a) an assessment of the actions of civil servants who consistently implement such a policy of the state that is not legal by its nature and is aimed at depriving citizens of their rights and freedoms or restricting those; b) an assessment of the actions of government officials who abuse their official powers in conditions when such actions contradict the legal policy of the state. 2) Abuse of rights by individuals. In criminal legal assessment of this behavior, one should distinguish: a) abuse of a right as a method of crime and b) abuse of a right as the content of behavior. Conclusions: no abuse of rights can entail criminal liability if it is not associated with the infliction or a real threat of infliction of substantial harm to the rights of citizens. It is essential to optimize the system of liability for abuse of rights and particularly to solve the problem of responsibility of officials implementing non-legal policy of the state and also responsibility of private individuals for abuse of rights in cooperation with government agencies.
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Kapłonek, Wojciech, Tadeusz Mikolajczyk, Danil Yurievich Pimenov, Munish Kumar Gupta, Mozammel Mia, Shubham Sharma, Karali Patra, and Marzena Sutowska. "High-Accuracy 3D Optical Profilometry for Analysis of Surface Condition of Modern Circulated Coins." Materials 13, no. 23 (November 26, 2020): 5371. http://dx.doi.org/10.3390/ma13235371.
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The article shows that noncontact measurement techniques can be an important support to X-ray-based methods when examining the surface condition of modern circulated coins. The forms and degrees of wear of such coins, affecting their utility values, qualifying them as a legal tender in a given country, can be measured and analyzed, among other things, using advanced high-accuracy optical profilometry methods. The authors presented four analyses carried out for reverses and obverses of round coins (1 zloty, 1 franc, 50 bani, 5 pens) characterized by different degrees of surface wear. All of the coins were measured using 3D optical profilometers (Talysurf CLI 2000 and S neox) representing two generations of these types of systems. The obtained results confirm the validity of the applied high-accuracy measurement systems in conjunction with dedicated software in the presented applications. Examples of the analyses carried out can be a significant source of information on the condition of coins in the context of maintaining their functional properties (selection of appropriate wear–resistant alloys and correctness of the production process).
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Shavaliev, Rafael F., Valery Yu Albitsky, Alexey V. Shulaev, and Airat I. Ziatdinov. "Regional Model of Organization of Preventive Medical Care for Children (Through the Republic of Tatarstan)." Current Pediatrics 20, no. 6 (December 20, 2021): 536–41. http://dx.doi.org/10.15690/vsp.v20i6.2361.
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The analysis and assessment of regional characteristics of the preventive healthcare organization for children population in the Republic of Tatarstan were carried out within this research. It has revealed the major issues of prevention system in children healthcare in the Republic. Our goal was to develop and implement a set of measures on improvement of medical prevention in the system of children healthcare, and to evaluate their efficacy. The guidelines developed for preventive care in children have allowed us to create three-level model of preventive care for children in five main areas. The provision of medical, social, legal, psychological, and pedagogical care for children and adolescents (especially for children in difficult circumstances and/or socially dangerous situations) is one of the major issues for preserving the health of future generations in contrast to all socio-economic changes. This necessitates the creation of new forms, approaches, and mechanisms, as well as the development of measures on improvement of existing preventive technologies at the individual, group, and population levels via using information technologies.
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Yumarni, Ani, Gemala Dewi, Jaih Mubarok, Wirdyaningsih Wirdyaningsih, and Anna Sardiana. "The Implementation of Waqf as ‘Urf in Indonesia." Sriwijaya Law Review 5, no. 2 (July 31, 2021): 287. http://dx.doi.org/10.28946/slrev.vol5.iss2.1126.pp287-299.
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As a tradition that has been practised for a long time, waqf or endowment is clear evidence that Muslims in Indonesia are developing through this worship. However, what if the waqf is in the form of a mosque, Islamic school, and grave (3M’s waqf). It is an unusual thing in the contemporary Islamic tradition, but its existence persists. Meanwhile, 'Urf as one of the legal propositions in establishing Islamic law has known the concept and has been practised for generations in suburban areas where most of the population is Muslim. This tradition is then accommodated in Law Number 41 of 2004 concerning endowment, which contains land endowment and endowment organiser (nazhir). This paper examines the tradition of endowment in Indonesian society to benefit mosques, Islamic schools, and graves. By using the historical and analytical-conceptual approaches, this paper will analyse waqf in these three forms. The results of this study can be taken into consideration by stakeholders in developing strategies for strengthening and empowering 3M's donated land to create benefits for the Indonesian since 3M’s endowment is commonly found in Indonesian society.
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Borello, Benedetta. "Being Brothers or Pretending To Be: Merchants, Artisans, Inn-keepers, Painters & Brothers in Seventeenth-Century Rome." European History Quarterly 49, no. 1 (January 2019): 5–27. http://dx.doi.org/10.1177/0265691418818324.
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How important was it for merchants, artisans, inn-keepers and painters to have brothers and to work with them? By cross-referencing different sources (states of souls, testaments, inventories, court papers, compilations of legal and notary deeds), this article seeks to answer the question by taking some crucial aspects into consideration: daily life in the family home and other forms of cohabitation, the transmission of work tools and of vocations, the training of new generations and the support provided to family members in trouble. Seventeenth-century Rome is an interesting vantage point from which to investigate the importance of brothers' companies. The presence of the Papal Roman court extended employment opportunities, not only for courtiers, artists and servants who moved from one embassy to another and from one cardinal's court to another, but also for all those men (more men than women) on the margins who were able to earn some money from the conspicuous consumption of the upper classes. The flexibility of the labour market and the widespread phenomenon of male cohabitation could undermine the strength of family companies.
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Garbarino, Carlo. "The Tax Treaty Implications of the Remuneration as Royalties of Intellectual Property and Intangibles." European Business Law Review 29, Issue 3 (June 1, 2018): 345–68. http://dx.doi.org/10.54648/eulr2018013.
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The transfer of intellectual property from a higher-tax country where R&D takes place to a lower-tax country facilitates the phenomenon denominated “base erosion and profit shifting” (BEPS) and this generates a flow of the remuneration of intangibles from high-tax countries to low-tax countries. These remunerations are defined as “royalties”, but they can assume different legal forms and denomination. These crossborder flows of royalties are regulated by a host of bilateral tax treaties between OECD and non-OECD. These treaties generally follow the OECD Model, but also a UN Model exist, while certain countries, such as the U.S., adopt their own model (which does not differ dramatically from the OECD Model). In this Article the provisions of the OECD Model are used as a proxy for the provisions of the numerous existing treaties. The paper analyzes payments that are not royalties, but business profits in so far they are generated in business-to-business transaction, as well the characterization of payments for know-how in different areas. Attention is also devoted to payments for computer software, by looking at the software-related payments that are royalties because they imply the use of the intangibles, but also at the software-related payments that are business profits because of the underlying contractual configuration. Finally the paper focuses on payments for mixed contracts which may have an hybrid legal and tax characterization.
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Krykhtina, Yu O., S. M. Dombrovska, and S. M. Stankevych. "Review of public policy for reducing the transport environmental impact." Ukrainian Journal of Ecology 11, no. 2 (March 15, 2021): 12–15. http://dx.doi.org/10.15421/2021_63.
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The transport infrastructure influenced the wildlife and landscapes by the direct destruction of biotopes. The main impacts are paving the road or water canal, chemical pollution of the environment by vehicle engine emissions, petrol, oil and lubricant, flushing of contaminants and anti-ice chemicals with rainwater and dust forms of chemical compounds; isolation of individual parts of biotopes, populations, organisms or dividing ecosystems into parts (fragmentation); collisions of living organisms with vehicles; changing of landscapes, influencing the hydrological network; oppression of internal species. It is indicated that each mode of transport pollutes the environment, but a significant advantage - 85% of all the pollution is carried out by road transport. Accordingly, the main measures to prevent the negative impact of transport on the environment should be the following: improvement and implementation of the legal mechanism regulating the reduction of harmful effects of mobile sources on the air and effective public administration to reduce mobile sources' harmful effects air. This strategy should be focused on the basic principles of sustainable development. It is proved that satisfaction of transport needs should not conflict with environmental and health priorities and disrupt future generations' interests.