Two principal sources of imprecision in legal drafting (vagueness and ambiguity) are identified and illustrated. Virtually all of the ambiguity imprecision encountered in legal discourse is ambiguity in the language used to express logical structure, and virtually all of the imprecision resulting is inadvertent. On the other hand, the imprecision encountered in legal writing that results from vagueness is frequently, if not most often, included there deliberately; the drafter has considered it and decided that the vague (...) language best accomplishes the purpose at hand. This paper focuses on the use of some defined terminology for minimizing inadvertent ambiguity in the logical structure of legal discourse, where desired by the drafter. The current set of signaled structural definitions that are included in the A-Hohfeld language are first set forth and their use is illustrated in an extensive example from the treaty establishing the European Economic Community. The use of definitions in legal writing is widespread, butaddressed almost exclusively to controlling the vagueness of substantive legal terms; they are seldom used for structural purposes. Furthermore, their use in American legislative drafting is unsignaled. Here, attention is devoted to the relatively-neglected domain in legal discourse of imprecisely expressed logical structure, and the remedy offered, where desired by the drafter, is a set of signaled structuraldefinitions for use in controlling such imprecision. (shrink)

In this paper, we present a method for introducing law students to the writing of legal documents. The method uses a machine-readable representation of the legal knowledge to support document assembly and to help the students to understand how the assembly is performed. The knowledge base consists of enacted legislation, document templates, and assembly instructions. We propose a system called LEDAS (LEgal Document Assembly System) for the interactive assembly of legal documents. It guides users through the (...) assembly process and provides explanations of the interconnection between input data and claims stated in the document. The system acts as a platform for practicing drafting skills and has great potential as an education tool. It allows teachers to configure the system for the assembly of some particular type of legal document and then enables students to draft the documents by investigating which information is relevant for these documents and how the input data shape the final document. The generated legal document is complemented by a graphical representation of legal arguments expressed in the document. The system is based on existing legal standards to facilitate its introduction in the legal domain. Applicability of the system in the education of future lawyers is positively evaluated by the group of law students and their TA. (shrink)

After the Provisional Basic Law (Provisional Constitution) had been adopted on 11 March 1990, it soon became clear that it did not meet the new needs of the society and the state. It became clear that the new Constitution had to be drafted promptly. Its drafting was taking place at the time of heated discussions about various things, but especially about the structure of branches of state power, the empowerment thereof and their interrelations. The author of the article was (...) a member of the working group drafting the new Constitution. In his article, the author presents passages from the notes made by him about the sittings of the Provisional Commission for Drafting the Constitution and those of its working group. The notes disclose the variety of the views of the deputies and legal specialists and show the difficult way of emergence of the draft Constitution. This is confirmed by the time-line of drafting the Constitution. In 1990 and at the beginning of 1991, the first draft Constitutions were published, which had been drafted by the members of the societies of Lithuanian philosophers and lawyers, by the Lithuanian Democratic Labour Party, etc. Prior to the resolution of the Supreme Council of the Republic of Lithuania of 7 November 1990, a group of deputies was formed for drafting an outline of the concept of the Constitution. On 22 October 1991, the Council of the Seimas of the Lithuanian Sąjūdis Movement made a statement “On the Restoration of the Institution of the President of the Republic”. On 5 November 1991, the Supreme Council of the Republic of Lithuania adopted a Resolution “On the Development of the Lithuanian Constitutionalism”, whereas by its resolution of 10 December 1991 it formed the Provisional Commission for Drafting the Constitution. On 3 March 1992, the said Provisional Commission approved the draft Constitution that it prepared; it was submitted to the Supreme Council. Three members of the Provisional Commission had submitted alternatives to a number of articles of the Constitution. On 21 April 1992, the Supreme Council assented to the work done by the Provisional Commission and decided to publish the draft Constitution so that it could be discussed by the public. On 6 May 1992, the Lithuanian Sąjūdis Movement, the Democratic Party, the Christian Democratic Party, and the Lithuanian Nationalist Union formed a coalition for drafting an alternative draft Constitution; soon the press published the alternative draft Constitution prepared by the Sąjūdis Movement Coalition “For the Democratic Lithuania”. On 23 May 1992, the referendum on the restoration of the institution of the President of the Republic took place—that referendum did not approve the proposal. Thus, two alternative draft Constitutions appeared. The essential difference between those drafts was a different approach to the system of branches of state powers, their empowerment and their interrelation. The draft Constitution prepared by the Provisional Commission was based on the parliamentary republic form of governance, whereas in the draft prepared by the Sąjūdis Movement Coalition “For Democratic Lithuania” the model of half-presidential republic was dominant. In order to prepare a single draft Constitution, which could then be proposed for the referendum of the Nation, political and legal compromises were sought. For this purpose, the Group for the Adjustment of Constitutional Issues was formed. At the end of September and at the beginning of October 1992, one single (the so-called “compromise”) draft Constitution was prepared from the existing two alternative drafts. The Constitution of the Republic of Lithuania was adopted by the Nation in the referendum of 25 October 1992 and came into force on 2 November 1992. (shrink)

Only 27 percent of Americans in a 1995 Harris poll said they had read or heard “quite a lot” about genetic tests. Nonetheless, 68 percent said they would be either “very likely” or “somewhat likely” to undergo genetic testing even for diseases “for which there is presently no cure or treatment.” Perhaps most astonishing, 56 percent found it either “very” or “somewhat acceptable” to develop a government computerized DNA bank with samples taken from all newborns, and their names attached to (...) the samples. This does not necessarily mean the public is unconcerned about genetic privacy. More likely it means that the public is still uninformed about the risks associated with genetic testing, and has not thought at all about the risks involved in storing identifiable DNA samples.A central question presented by genetic screening and testing is whether the genetic information so obtained is different in kind from other medical information, and, if so, whether this means that it should receive special legal protection. (shrink)

This volume provides a unique overview of methodologies that are conducive to a successful legal transplant in East Asia and Oceania. Each chapter is drafted by a scholar who holds direct professional experience on the legal transplant considered and has a distinctive insight into the pragmatic difficulties related to grafting an alien institution into a legal tradition. The range of transplants includes the implementation of contractual obligations, the regulation of commercial investments and the protection of the environment. (...) The majority of recent legal reforms in these geographical areas have aimed at improving national economic performance and fostering trade and have been directly inspired by European and North American institutional experiences. There is also, however, a tendency to couple economic reforms, aimed at attracting foreign investment, with constitutional reforms that improve the protection of individual rights, the environment and the rule of law. (shrink)

This paper is based on a doctoral thesis which aimed at investigating on whether the use of strategic vagueness in Security Council resolutions relating to Iraq has contributed to the breakout of the 2002–2003s Gulf war instead of a diplomatic solution of the controversies. This work contains a linguistic and legal comparative analysis between UN and U.S. documents and their drafts in order to demonstrate how vagueness was deliberately added to the final versions of the documents before being passed, (...) and thus strategically used vagueness has played a crucial role in UN resolutions related to the outbreak of war in Iraq, and in relevant legislation produced by the United States for its Congressional authorisation for war. The comparative analysis between S/RES/1441(2002) and US legislation has evidenced that that there would have been diplomatic solutions to the Iraq crises which were not synonymous of light-handed intervention against Iraq, but deliberately vague UN wording allowed the US to build its own legislation with a personal interpretation implying that the UN did not impede military action. (shrink)

The article focuses on methods of teaching commercial lawyers, whose native language is not English, some linguistic aspects of drafting a contract in English. The author, whose principal occupation is teaching legal English, has created a Course on Language Aspects of English Contract for in-service lawyers. The course is aimed at teaching learners to understand and interpret English contracts written in traditional legal English and help them develop some drafting and redrafting techniques taking into account the (...) modern tendency growing in English speaking common law countries towards simplifying traditional legal English. A number of contracts written in different styles have been analysed, basic contract categories each characterised by certain operative words and phrases, have been established and terminology glossary have been compiled. The purpose of this paper is to present the course’s syllabi, outline and teaching methods. (shrink)

This paper connects to Jon Bing’s great vision of an integrated national legal information system. The intention of this paper is to variegate Bing’s vision of an integrated information system by shifting the focus to the lay users, thus to those, who are subject to the law. The modified vision is an integrated information system that supports intelligible access to law for the citizens. This presupposes however an unambiguous and transparent legal system. Accordingly, it is also stressed that (...) intelligent legal knowledge engineering has high potential to increase precision and rationality in law, and hence safeguard the predictability of law and legal certainty. The central hypothesis is that putting the person who is subject to the law at the centre provides more rational reason to aim for the greatest possible precision of law by exploiting the means and technologies of our time than to uphold strategic vagueness. On this basis, the paper proposes the development of a basic set of controllable and justiciable basic legal drafting standards on EU and on national level, and promotes a transparency by design approach for legal knowledge engineering in order to enhance precision, integrity, comprehensibility and accessibility of law. Similarly to Jon Bing’s vision, this modified vision of an integrated legal information systems is, most probably, also likely to remain unfulfilled. However, what would science be without visions and (science) fictions? (shrink)

Recent trends in academic and professional legal communication worldwide have promoted significant changes to aim at operating successfully under current multilingual and multilegal contexts. The aim is to consider a kind of supranational legal discourse so as to minimize socio-cultural variants and to promote the pragmatic conditions for harmonized and ‘common sense’ legal practices without excluding potential reciprocal influences of or resistance to one hegemonic legal system upon others. In Brazil, the traditional ‘thinking like a civil (...) lawyer’ culture still prevails against a more global approach constraining the consolidation of the country’s role of major player in most global legal areas. In addition, the key tool required for achieving some sort of global legal status—Brazilian legal operators’ proficiency in legal English—has been barely considered in both academic and professional settings, particularly in legal translation. This study resorts to the linguistic anthropology concept of ‘entextualization’ to discuss the process of official translation in Brazil to render global legal genres. The comparative analysis between the original text in English and its official version in English focus on drafting consistency, the translator’s choice of some formal entextualization elements used in the process of translation and his/her authority as the entextualizing agent to legitimate text. (shrink)

The paper explores the hypothesis that multinomials can act as authorship-based style distinguishing markers in legal communication. Specifically, the analysis focuses on identifying the quantitative distribution patterns of structural categories of multinomials as typical for two authorship categories and on their communicative function. The two authorship categories that are contrasted here are legal professionals/experts and lay people. The analysis is conducted in the corpus-based methodology with a custom-designed corpus of English, authentic texts found in the legal trade, (...) in the domain of company registration proceedings. The findings confirm that multinomials that are conventionally considered to be a feature of professional legal communication are also cognitively salient in lay communication. Further, the texts drafted by the two categories of authors are profiled by structurally distinct multinomials. Functionally, it has been demonstrated that the structurally distinct types of multinomials that are found quantitatively salient in the two authorship categories are used predominantly for specific stylistic and/or pragmatic functions. Stylistically, multinomials contribute to conventional and ritual patterns which are used to meet the formality standards that have evolved in specific legal professions where authority is of particular importance. Pragmatic factors which account for quantitative salience of specific, structurally profiled categories of multinomials involve mainly reduplication of multinomials that embody norm-related concepts, which is required on the ground of intertextuality and ensures the materialisation of legal effect. (shrink)

The Court of Justice of the European Union and the way in which it works can be seen as a microcosm of how a multilingual, multicultural supranationalisation process and legal order can be constructed—the Court is a microcosm of the EU as a whole and in particular of EU law. The multilingual jurisprudence produced by the CJEU is necessarily shaped by the dynamics within that institution and by the ‘cultural compromises’ at play in the production process. The resultant texts, (...) which make up that jurisprudence, are hybrid in nature and inherently approximate. On the one hand, that approximation can lead to discrepancies between language versions of the Court’s case law and thus jeopardise the uniform application of EU law. On the other hand, that approximation and hybridity define EU law as a distinct, supranational legal order. This paper analyses the operation of the CJEU and considers whether a linguistic cultural compromise exists within that institution which exercises a formative influence on the character of its ‘output’—i.e. its jurisprudence—and what that may mean for our understanding of the development of EU law. (shrink)

This paper is one of four interrelated papers resulting from the National Summit on Legal Preparedness for Obesity Prevention and Control convened in June 2008 by the Centers for Disease Control and Prevention, the Robert Wood Johnson Foundation, and the American Society of Law, Medicine, Ethics. Each of the papers deals with one of the four core elements of legal preparedness: laws and legal authorities for public health practitioners; legal competencies public health practitioners and legal (...) and policy decision makers need for use of these laws and authorities; crossdisciplinary and cross-jurisdiction coordination of law-based public health actions; and information on public health law best practices. Collectively, they are referenced as the “white papers.”Our purpose is to offer action options that will help to improve the legal competencies of public health practitioners and policy decision makers with respect to drafting, interpreting. (shrink)

The aim of this research paper is to examine Latin in the context of legal translation between the Polish, English and French languages. Latin ap- pears in contemporary legal discourse in the form of maxims, short phrases and terms. Even though it constitutes an integral element of legal drafting, Latin often attracts little attention from legal translators. It is falsely assumed that Latin elements of the text do not require translation due to several miscon- ceptions (...) related to the Latin language. Firstly, Latin is generally perceived as a global language with no local variations in form. Secondly, Latin is believed to be the universal point of reference in international communication. Thirdly, Latin legal phrases or maxims are thought to originate solely from Roman law, thus they express only Roman legal thought. In the first part of the paper we will address the above issues. To this end, we will briefly discuss the historical presence of Latin in the European lin- guistic context. We will then present the results of our research into the use of Latinisms in the Polish, French and English legal systems. The subject of our research was a set of twenty Latin maxims and phrases that frequently appear in the decisions of the Polish courts. During the first stage of the analysis, the items in question were verified in Legalis. The second stage of the research involved the consultation of monolingual dictionaries of French and English legal language to verify the universal charac- ter of the analyzed Latinisms. During the third stage of the analysis, we looked at the practical use of Latinisms in online databases of legal texts. The paper concludes with some comments on Latinisms in lexicographical publications and online sources. (shrink)

As the title of the article suggests, “The Burqa Ban”: Legal Precursors for Denmark, American Experiences and Experiments, and Philosophical and Critical Examinations, the authors embark on a factually investigative as well as a reflective response. More precisely, they use The 2018 Danish “Burqa Ban”: Joining a European Trend and Sending a National Message (published as a concurrent but separate article in this issue of INTERNATIONAL STUDIES JOURNAL) as a platform for further analysis and discussion of different perspectives. These (...) include case-law at the international level while focusing attention on recent rulings and judicial reasoning by the ECtHR and the ECJ; critical thought-experiments in religion, morality, human rights, and the democratic public space; a contextualized account of burqa-wearing interventions by federal and state governments and, moreover, various courts in the United States; and philosophical commentary and, in some instances, criticism of the Danish and/or European (French, etc.) approach. The different contributions have different aims. The section on case-law at the international level reports on those central judgments that, in effect, helped to pave the path for the Kingdom of Denmark’s burqa ban. Concerning the concurring judges at the ECtHR, the opinions served to uphold a preexisting ban and to grant a wide margin of appreciation to the national authorities, thereby limiting the Court’s own review. -/- As regards to the ECJ, the legality of company rules that contain a policy of neutrality for the workplace was examined, with a similar outcome. The authors who discuss religion, morality, human rights and the democratic public space are endeavoring to, respectively, appeal to ethics as a testing stone for law and to both challenge and address several forms of “expressivist worry” in connection with face veils. In doing so, the authors ask a number of thought-provoking questions that hopefully will inspire public policymakers to careful analysis. While the section that is devoted to American perspectives highlights a comprehensive survey of political and legal responses to, in particular, full-face veils like the burqa, the relevant author also incorporates public perceptions and, in the course of examining these, draws a parallel to “the fate” of the hoodie. The constitutionality of burqa-wearing in America, so it also appears, is partially an open question, but differentiating between religious, political, or personal reasons is a de jure premise. Given that the Danish legislators who drafted law L 219 to ban burqa-wearing in public places rely on a reference to political Islam, they relegate religious and personal reasons to the private domain, thereby also adopting secularism as a premise. This is explored in the last author response of the article, more precisely, in an account of the underlying materialism that, in turn, is applied to Muslim women. If policymakers and legislators engaged in Thinking Things Through exercises, they could, as a minimum, avoid law-making strategies that are not in the spirit of the theory they themselves invoke, albeit tacitly. While the aim of, as it were, arresting culturally self-contradicting legislators is unique for the section in question, all the authors who contribute to the joint research project have one end-goal in common, namely to inform about important perspectives while at the same time opening up for parameters for (more) fruitful, constructive and (if need be) critical debate in the future. With this in mind, four recommendations are presented by the research director for the project. Legally, politically, socially and culturally, conflict-resolution should not translate the relationship between rulers and the ruled into a separation ideology, an instance of controllers versus the controlled. All things being equal, that is the objective limit for a democratic society. (shrink)

This article discusses deontic modality in the context of legal documents and its divergence from the natural, conventional, interpretation. This work demonstrates that the meaning of the performative verb is not purely linguistic. A number of non-linguistic factors cause the variation of meanings of performatives, in this case, when expressing prohibition, permission, recommendation, advice, proposal or request. These factors include: status of the addressee, type of the relationship between the author and the addressee, type of the document, possibility of (...) control and subsequent punishment for the breach of a norm, methodology of legal drafting, traditions of the Russian document processes. There is no direct association between the type of the legal norm and the meaning of the performative. To express its will, a regional law-maker, to a varying degree, uses orders, prohibition and permissions. These are dictated by the type of the document. (shrink)

Criminal law scholars approach legality in various ways. Some scholars eschew over-arching principles and proceed directly to one or more distinct “rules”: (1) the rule against retroactive criminalization; (2) the rule that criminal statutes be construed narrowly; (3) the rule against the judicial creation of common-law offenses; and (4) the rule that vague criminal statutes are void. Other scholars seek a single principle, i.e., the “principle of legality,” that they claim underlies the four rules. In contrast, I believe that both (...) approaches are misguided. There is no such thing as a single “principle of legality;” yet, the four aforementioned rules are not unrelated to each other. The so-called “principle of legality” consists of two distinct norms that derive, respectively, from two fundamental principles of criminal justice, viz., the principle, “No person shall be punished in the absence of a bad mind,” and the principle that underlies the maxim, “Every person is presumed innocent until proven guilty.” The first norm of legality explains the rules regarding ex post facto legislation, and rules regarding “notice” and “fair warning” of judicial decisions. When a person is punished for violating a rule that was non-existent or unclear at the time he acted, he is punished for conduct that the state now condemns and seeks to prevent by means of penal sanctions. Accordingly, at the time the person is prosecuted, his claim is not that he did not do anything that the state regards as wrong, but, rather, that he neither knew nor should have known that he was doing something that the state would come to regard as wrong. He ought, indeed, to be excused for his mistake, but only because of a principle that is common to excuses generally: “No person ought to be punished in the absence of a guilty mind.” He should be excused because even when a person does something the state condemns and seeks to prevent, he ought not to be blamed for it unless he was motivated in a certain way, namely, by an attitude of disrespect for the legitimate interests of the political community by whose norms he is bound.The second norm of legality informs several of the remaining rules, though not all of them. The second norm is that a person ought not to be punished in the name of a political community unless it can confidently be said that the community officially regards his conduct as warranting the criminal punishment at issue. It is a norm that is most commonly associated with the rule of lenity, but it is not confined to the construction of statutes that are ambiguous or vague. It can also be also violated when a person is punished for violating a statute that has fallen into desuetude, regardless of how widely promulgated or narrowly defined the statute may be. This second norm derives from a principle that also underlies the presumption of innocence - the only difference being that the presumption of innocence is a preference for acquittal in the event of uncertainty regarding the facts which an actor is charged, while the second norm of legality is a preference for acquittal in the event of uncertainty regarding the scope of the offense which he is charged.Nevertheless, one “rule” remains that this analysis throws into question - namely, the rule that “vague” criminal statutes are void. Criminal statutes are sometimes so broadly defined that they do, indeed, infringe constitutionally protected rights of speech, movement, etc. - in which event they ought to be invalidated on those very grounds. And criminal statutes are sometimes so broadly drafted that, before applying them, courts ought to construe them to apply only to constitutionally unprotected acts that courts can confidently say the relevant political community regards as warranting punishment. But once statutes are so construed to apply only to constitutionally unprotected conduct, courts have no further reason to invalidate them on grounds of “vagueness.” Lack of “notice” is no reason to invalidate them because, with respect to the narrowly defined conduct such statutes are construed to prohibit, “common social duty” alone ought to alert actors that their conduct is suspect. (shrink)

Different countries worldwide have issues with adapting legal terminology in a multilingual society. Such issues are still prevalent in Kazakhstan, where it is particularly difficult to guarantee the quality of laws written in the state language. This study aims to answer the question of what scientific, methodological, and legal mechanisms can be used to enhance legislative drafting practises in countries with two or more official languages by using Kazakhstan as an example. The Kazakh legal terminology reflects (...) the societal communication requirements for the control of public relations. According to the findings, the current challenges of establishing a legal conceptual framework in Kazakhstan are closely connected to trends in expanding the terminological lexicon. This trend stems from neologisation, optimisation of borrowings of legal terms, and internationalisation of legal discourse. The ways to improve the legislative drafting technique are suggested based on a generalised analysis of texts in the state language of some legislative instruments of the Republic of Kazakhstan. The article offers several recommendations for specialists-translators of legal texts practising in rule-making and lawyers-specialists in legislative drafting and review. (shrink)

It appears that we know surprisingly little about how judges frame linguistically the rationale behind their decisions and how such texts are structured. Using the concept of rhetorical moves, this paper adopts a genre-based approach to examine the rhetorical structure of legal justifications provided in the decisions of the Polish Constitutional Court. The goal of the study is to verify the claim that the way justifications are drafted is becoming more and more uniform and conventional. The results show that (...) there is a common core of rhetorical structure realized by means of recurrent functional segments of text. This paper proposes a prototypical move structure of a Constitutional Tribunal justification and it argues that that the way justifications are drafted are subject to very concrete, even if not explicitly stated constraints. (shrink)

The problem of the judge: judicial freedom of decision, its necessity and method, by F. Gény.--Judicial freedom of decision, its principles and objects, by E. Ehrlich.--Dialecticism and technicality; the need of sociological method, by J. G. Gmelin.--Equity and law, by G. Kiss.--The perils of emotionalism, by F. Berolzheimer.--Judicial interpretation of enacted law, by J. Kohler.--Courts and legislation, by R. Pound.--The operation of the judicial function in English law, by H. B. Gerland.--Codified law and case-law, by É. Lambert.--Methods of juridical thinking, (...) by K. G. Wurzel.--The problem of the legislator: methods for scientific codification, by A. Alvarez.--The legislative technic of modern civil codes, by F. Gény.--Scientific method in legislative drafting, by E. Freund. (shrink)

The purpose of this article is to examine the process of deterritorialization of legal concepts embedded in international commercial contracts. Typically written in English, these contracts often incorporate concepts derived from common law jurisdictions, given that English is the language of expression for the common law tradition. This underscores the intrinsic interconnection between language and underlying legal concepts. While parties involved in contract drafting may sometimes mitigate this connection by using terms and clauses that do not immediately (...) evoke common law associations, the use of English as the medium for conveying concepts in international commercial contracts does not necessarily facilitate this process. Consequently, legal concepts rooted in specific traditions adapt to new contexts shaped by the linguistic, cognitive, cultural, and legal backgrounds of the contracting parties, those tasked with interpreting the contracts, and the law governing the agreements. This paper illustrates the dynamics of this process through examples drawn from international commercial contracts, focusing on both individual terms and entire contractual clauses. These examples highlight how legal concepts, as expressed in these contracts, evolve within new environments shaped by diverse linguistic, cognitive, cultural, and legal determinants. (shrink)

This book discusses how Plato, one the fiercest legal critics in ancient Greece, became – in the longue durée – its most influential legislator. Making use of a vast scholarly literature, and offering original readings of a number of dialogues, it argues that the need for legal critique and the desire for legal permanence set the long arc of Plato’s corpus—from the Apology to the Laws. Modern philosophers and legal historians have tended to overlook the fact (...) that Plato was the most prolific legislator in ancient Greece. In the pages of his Republic and Laws, he drafted more than 700 statutes. This is more legal material than can be credited to the archetypal Greek legislators—Lycurgus, Draco, and Solon. The status of Plato’s laws is unique, since he composed them for purely hypothetical cities. And remarkably, he introduced this new genre by writing hard-hitting critiques of the Greek ideal of the sovereignty of law. Writing in the milieu in which immutable divine law vied for the first time with volatile democratic law, Plato rejected both sources of law, and sought to derive his laws from what he called ‘political technique’. At the core of this technique is the question of how the idea of justice relates to legal and institutional change. Filled with sharp observations and bold claims, Platonic Legislations shows that it is possible to see Plato—and our own legal culture—in a new light “In this provocative, intelligent, and elegant work D. L. Dusenbury has posed crucial questions not only as regards Plato’s thought in the making, but also as regards our contemporaneity.”—Giorgio Camassa, University of Udine “There is a tension in Greek law, and in Greek legal thinking, between an understanding of law as unchangeable and authoritative, and a recognition that formal rules are often insufficient for the interpretation of reality, and need to be constantly revised to match it. Dusenbury’s book illuminates the sophistication of Plato’s legal thought in its engagement with this tension, and explores the potential of Plato’s reflection for modern legal theory.”—Mirko Canevaro, The University of Edinburgh. (shrink)

The paper outlines ongoing research on logic-based tools for the analysis and representation of legal contracts, of the kind frequently encountered in large-scale engineering projects and complex, long-term trading agreements. We consider both contract formation and contract performance, in each case identifying the representational issues and the prospects for providing automated support tools.

In this paper, the author intends to present an approach against lengthy contracts, judgements, and pleadings. He describes the advantages of brevity, conciseness, and plain English, focusing on research in Israel and abroad. An extreme example of how a whole page may be condensed into one sentence is provided by the author, as well as the opinion of a Supreme Court Chief Justice regarding methods to be used in writing good judgments, and a lawyer’s proposal to summarize pleadings. In the (...) second part of this paper, the author briefly illustrates the differences between three disciplines: Law, Business Administration, and Social Sciences. He proposes that the Law should examine and adopt several elements from other disciplines that can have a positive impact on legal language. (shrink)

In the fall of 1991, voters in Washington state were asked to consider a public initiative that sought to legalize physician-assisted death: Initiative 119. Drafted by Washington Citizens for Death with Dignity, the initiative was intended to amend the existing state natural death act in several ways:1) expand the definition of “terminal condition” to include patients in irrevers ible coma or persistent vegetative state;2) specifically name “artificial nutrition and hydration” as life-sustaining medical procedures that could be refused or withdrawn;3) legally (...) allow mentally competent patients with certifiably terminal conditions to request and receive “aid-in-dying” from their physician as a medical service.The first two proposed amendments were widely acknowledged as timely and appropriate; a coalition of medical, religious, and community organizations had been actively working on such additions for several years. It was the proposal to legalize “aid-in-dying,” however, that represented a radical shift in the conduct of physicians towards their patients and a dramatic shift in social policy. (shrink)

Ambient Intelligence provides the potential for vast and varied applications, bringing with it both promise and peril. The development of Ambient Intelligence applications poses a number of ethical and legal concerns. Mobile devices are increasingly evolving into tools to orientate in and interact with the environment, thus introducing a user-centric approach to Ambient Intelligence. The MINAmI (Micro-Nano integrated platform for transverse Ambient Intelligence applications) FP6 research project aims at creating core technologies for mobile device based Ambient Intelligence services. In (...) this paper we assess five scenarios that demonstrate forthcoming MINAmI-based applications focusing on healthcare, assistive technology, homecare, and everyday life in general. A legal and ethical analysis of the scenarios is conducted, which reveals various conflicting interests. The paper concludes with some thoughts on drafting ethical guidelines for Ambient Intelligence applications. (shrink)

The paper examines the connection between online security and the protection of civil rights from a legal viewpoint, that is, considering the different types of rights and interests that are at stake in national and international law and whether, and to what extent, they concern matters of balancing. Over the past years, the purpose of several laws, and legislative drafts such as ACTA, has been to impose “zero-sum games”. In light of current statutes, such as HADOPI in France, or (...) Digital Economy Act in UK, the paper intends to illustrate how more satisfactory solutions are feasible in the field of online security, such as the new “Police and Criminal Justice Data Protection Directive” that the European Commission presented in January 2012. At least in Western legal systems, it should be clear that either civil rights prevail over security (no balancing), or such balance has to satisfactorily protect individual rights (proportionality). (shrink)

Document assembly and other substantive legal practice applications are the most knowledge-intense forms of software now widely available in the legal technology marketplace. This article provides an illustrative look at two contemporary practice system engines-CAPS and Scrivener-and examines their relevance for AI-and-law researchers.

This article challenges the orthodox view of international law, according to which states have no legal duty to cooperate. It argues for this legal duty in the context of COVID-19, based on the ethical principles of solidarity, stewardship, and subsidiarity. More specifically, the article argues that states have a legal duty to cooperate during a pandemic (as solidarity requires); and while this duty entails an extraterritorial responsibility to care for and assist other nations (as stewardship requires), the (...) legal duty to cooperate still allows states to attend first to the basic needs of those under their own jurisdiction—namely, fellow nationals and residents (as subsidiarity requires). The article provides a definition and philosophical justifications for this legal duty that are lacking in the literature by examining its application to a current COVID-19 controversy: namely, states’ responsibility to assist other countries in greater need by, inter alia, exporting at a discount or donating scarce COVID-19 treatments (including vaccines). In providing a principled tripartite account of pandemic governance, this conceptual and normative article offers a new lens for debating the potential international treaty for pandemic prevention, preparedness, and response that has now been drafted and is under negotiation at the World Health Assembly, by responding to the recent backlash against multilateralism by substantiating global co-responsibilities in times of pandemics and beyond. (shrink)

State and Religion in Israel begins with a philosophical analysis of the two main questions regarding the role of religion in liberal states: should such states institute a 'Wall of Separation' between state and religion? Should they offer religious practices and religious communities special protection? Gideon Sapir and Daniel Statman argue that liberalism in not committed to Separation, but is committed to granting religion a unique protection, albeit a narrower one than often assumed. They then use Israel as a case (...) study for their conclusions. Although Israel is defined as a Jewish state, its Jewish identity need not be interpreted religiously, requiring that it subjects itself to the dictates of Jewish law. The authors test this view by critically examining important topics relevant to state and religion in Israel: marriage and divorce, the drafting of yeshiva students into the army, the character of the Sabbath and more. (shrink)

Large Language Models (LLMs) could be a useful tool for lawyers. However, empirical research on their effectiveness in conducting legal tasks is scant. We study securities cases involving cryptocurrencies as one of numerous contexts where AI could support the legal process, studying GPT-3.5’s legal reasoning and ChatGPT’s legal drafting capabilities. We examine whether a) GPT-3.5 can accurately determine which laws are potentially being violated from a fact pattern, and b) whether there is a difference in (...) juror decision-making based on complaints written by a lawyer compared to ChatGPT. We feed fact patterns from real-life cases to GPT-3.5 and evaluate its ability to determine correct potential violations from the scenario and exclude spurious violations. Second, we had mock jurors assess complaints written by ChatGPT and lawyers. GPT-3.5’s legal reasoning skills proved weak, though we expect improvement in future models, particularly given the violations it suggested tended to be correct (it merely missed additional, correct violations). ChatGPT performed better at legal drafting, and jurors’ decisions were not statistically significantly associated with the author of the document upon which they based their decisions. Because GPT-3.5 cannot satisfactorily conduct legal reasoning tasks, it would be unlikely to be able to help lawyers in a meaningful way at this stage. However, ChatGPT’s drafting skills (though, perhaps, still inferior to lawyers) could assist lawyers in providing legal services. Our research is the first to systematically study an LLM’s legal drafting and reasoning capabilities in litigation, as well as in securities law and cryptocurrency-related misconduct. (shrink)

The paper discusses the status of shall in today’s legal drafting and legal translation, and by presenting typologies by a number of authors briefly addresses the variety of meanings it is used to express, in both legislation and contracts. It introduces the “shall dilemma” faced by non-native legal translators working both from and into English. The dilemma consists in the discrepancy between the promiscuous and abundant use of shall in authentic as well as translated documents, on (...) the one hand, and the recommendations found in various drafting manuals promoting either a shall-free policy or a disciplined use of shall, on the other hand. The research part presents the results of a survey carried out among a carefully chosen sample of professional legal translators to determine what their policy is on the use of shall. The results include both quantitative findings and additional comments made by the translators, and confirms the divide between actual practice and the recommendations. In the next section of the paper, the results are applied and a series of step-by-step exercises are introduced which should raise the awareness of legal translation trainees of the ambiguity of shall and teach them to use it in a reasoned and disciplined way. (shrink)

Building on the computer science concept of _code smells_, we initiate the study of _law smells_, i.e., patterns in legal texts that pose threats to the comprehensibility and maintainability of the law. With five intuitive law smells as running examples—namely, duplicated phrase, long element, large reference tree, ambiguous syntax, and natural language obsession—, we develop a comprehensive law smell taxonomy. This taxonomy classifies law smells by when they can be detected, which aspects of law they relate to, and how (...) they can be discovered. We introduce text-based and graph-based methods to identify instances of law smells, confirming their utility in practice using the United States Code as a test case. Our work demonstrates how ideas from software engineering can be leveraged to assess and improve the quality of _legal_ code, thus drawing attention to an understudied area in the intersection of law and computer science and highlighting the potential of computational legal drafting. (shrink)

The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as (...) well. Thus, a legal analysis confined to the linguistic analysis of law would come to the conclusion that Lithuanian law functions without the accession. Nevertheless, a deeper analysis of the Lithuanian Civil Code and case law reveals a different view. To respond to the posed question, the article analyses the functions and the concept of accession as one of the aspects of a broader property law principle, namely, of unity. The essence of the latter is that one thing presupposes one right of ownership and it is inconceivable to hold several full ownerships into the same thing. In this respect, accession plays an important role protecting the legal interests of the third parties. Also, the application of accession in other continental European countries and the solutions proposed by the Draft Common Frame of Reference is analysed. Further, the analysis turns to the Lithuanian positive law and case law. In spite of the lack of express reference to the accession rule, careful analysis shows that, in fact, the accession rule is established in the Lithuanian Civil Code, albeit it could be found in various forms and in several different units of the Civil Code. Also, Lithuanian courts routinely apply the rules on accession in practice. Even more, the analysis shows that the Lithuanian Civil Code is not devoid of the rules of accession, but, on the opposite, this legal institute is over-regulated and, in part, incoherent. This quality can be explained as a consequence of an imprecise legal drafting. The final conclusion is drawn that accession is a separate and fully working legal institute of Lithuanian civil law, although to reach its coherent application a certain interpretative position should be adopted. (shrink)

In this paper, we investigate the ‘ought implies can’ thesis, focusing on explanations and interpretations of OIC, with a view to clarifying its uses and relevance to legal philosophy. We first review various issues concerning the semantics and pragmatics of OIC; then we consider how OIC may be incorporated in Hartian and Kelsenian theories of the law. Along the way we also propose a taxonomy of OIC-related claims.

The most significant moments of restoration of Lithuania’s statehood and its constitutional consolidation in the national legislation during the Atgimimas period (from the foundation of Sąjūdis on 3 June 1988) and the work of the Supreme Council of Lithuania (from February 1990 to October 1992) are discussed in this article. The author pays attention to the challenges of drafting the new Constitution – the main weapon in the political fight; the article declares the complexity of this process and mentions (...) the participating persons. The article analyses the process of adopting the fundamental legal acts, initiated by Sąjūdis, such as the Citizenship Law, the Political Parties Law, the Law on the Constitutional Court. The most important and relevant problems and aims of the Independent State’s first year legislation are discussed in the article. One of the first legal acts – the Regulation of the Supreme Council of the Republic of Lithuania, as well as considering about the functions of the officials and other staff of the Supreme Council, the functions of the Legal Department, the relations between the Supreme Council and its Legal Department are analysed. The article pays attention to the first steps of the Independent State, based on the Constitution of the Republic of Lithuania, adopted on 25 October 1992 by referendum. The restoration of the Presidential institution and the formation of the Constitutional Court is also discussed. The significant role of Professor dr. Juozas Žilys in drafting the most important legal acts, acting as preconditions for the restoration of statehood of our country and its constitutional consolidation is noted in the article. (shrink)

This book presents the current state of the art regarding the application of logical tools to the problems of theory and practice of lawmaking. It shows how contemporary logic may be useful in the analysis of legislation, legislative drafting and legal reasoning concerning different contexts of lawmaking. Elaborations of the process of lawmaking have variously emphasised its political, social or economic aspects. Yet despite strong interest in logical analyses of law, questions remains about the role of logical tools (...) in lawmaking. This volume attempts to bridge that gap, or at least to narrow it, drawing together some important research problems-and some possible solutions-as seen through the work of leading contemporary academics. The volume encompasses 20 chapters written by authors from 16 countries and it presents diversified views on the understanding of logic (from strict mathematical approaches to the informal, argumentative ones) and differentiated choices concerning the aspects of lawmaking taken into account. The book presents a broad set of perspectives, insights and results into the emerging field of research devoted to the logical analysis of the area of creation of law. How does logic inform lawmaking? Are legal systems consistent and complete? How can legal rules be represented by means of formal calculi and visualization techniques? Does the structure of statutes or of legal systems resemble the structure of deductive systems? What are the logical relations between the basic concepts of jurisprudence that constitute the system of law? How are theories of legal interpretation relevant to the process of legislation? How might the statutory text be analysed by means of contemporary computer programs? These and other questions, ranging from the theoretical to the immediately practical, are addressed in this definitive collection. (shrink)

Sometimes persons are legally responsible for reckless behavior that causes criminal harm. This is the case under the newly drafted provisions of the U.S. Model Penal Code (MPC), which holds persons responsible for “simple” rape (nonconsensual sex without proof of force or threats of force), where the offender recklessly disregards the risk that the victim does not consent. In this paper we offer an explanation and corrective critique of the handling of reckless rape cases, with a focus on the U.S. (...) criminal justice system, although our analysis is applicable more broadly. We argue that a wider group of reckless rapists are criminally responsible than is captured by the MPC and claim criminal punishment of reckless rapists must be justified by looking to both moral desert and instrumental aims achieved by criminal punishment. Part of the law’s job is to communicate and enforce society’s expectations regarding unacceptable behavior. In punishing reckless rape, we are not just giving people what they deserve, but also reinforcing and shaping norms regarding sexual behavior. (shrink)

This study seeks to explore the major errors that frequently emerge when novice translators translate technical texts, namely legal documents released by the Department of Lands and Survey in Jordan. The goal behind this investigation is to improve legal translation training, develop students’ drafts based on the types of their mistakes, and deliver a message to curricula designers in the field of legal translation. To this end, 20 Jordanian novice translators (MA students) are chosen from two private (...) universities to translate three legal documents from Arabic into English. The main findings revealed that different problems emerged, namely the participants’ inability to translate near-synonym technical terms, grammatical problems, and stylistic problems at both lexical level and sentence level. These findings are hoped to be insightful for both learners and teachers. A number of pedagogical recommendations are proposed by the researchers to develop learners’ competence and reach a professional level and open the venue for trainers to achieve advances in the quality of the target text and in the translation teaching–learning process. (shrink)

The advent and expanding role of jurilinguistics as part of the federal legislative process are closely associated with the gradual recognition of the equal authority of the two linguistic versions of federal legislation, as well as the implementation of co-drafting as the most effective method of taking into account the equal authority of the two official languages of the country. Jurilinguistics gradually made its way into the federal legislative process starting in the mid 70s and quickly resulted in the (...) establishment of a formal group dealing with French jurilinguistics, comprised of Francophone drafters and jurilinguists. Jurilinguists played a key role in the development of drafting standards for the drafting of a truly authentic French version of federal legislation. In the late 90s, Anglophone jurilinguists were also hired to ensure the highest quality possible for the English version of the federal laws and, along with their Francophone counterparts, to ensure the functional equivalence of the two language versions. The implementation of the departmental policy on legislative bijuralism constituted an additional challenge for the drafter who, fortunately, can rely on comparative law experts, as well as the sound advice of the jurilinguists, to produce legislative texts that are consistent with the principles of clarity in drafting legal documents. (shrink)

Artificial Intelligence (AI) applied to the legal domain is gaining ground. AI is argued to be particularly helpful with labour-intensive activities and repetitive tasks. Amongst the various AI solutions, ChatGPT has gathered momentum and its acclaimed advantages are, amongst others, document generation and contract review. This paper wishes to assess the effectiveness of two chatbots in contract drafting. To this aim, ChatGPT (by OpenAI) and Gemini (by Google) are prompted to write two supply contracts each, the first one (...) written in English according to the laws of England and Wales, and the other one still written in English, but according to the laws of the Republic of Italy. The paper finds that each contract pair generated by the AI solutions is identical, thus disregarding legal-system specificities and language conventions. Therefore, the drafts present a number of fallacies, either because they are incomplete, or because they include clauses that are redundant or inapplicable in a given legal system. The paper claims that human intervention and supervision are necessary to tackle the shortcomings generated by AI, at least as far as contract generation is concerned and with regard to the two chatbots addressed. (shrink)

This article uses the methods that Locke advocated in his Essay Concerning Human Understanding to evaluate manuscript evidence from five different schemes and two drafts of the Fundamental Constitutions of Carolina, to thereby determine what role, if any, John Locke had in writing it, and in advocating for slavery and absolutism. It focuses on the influential claims put forward by David Armitage 20 years ago, that Locke was responsible for actively promoting slavery in Carolina’s Fundamental Constitutions. It enables the reader (...) to view, and judge, the relevant evidence. The author concludes, and invites the reader to conclude, that Armitage’s main claims lack foundation in the manuscript evidence. That evidence instead points towards the legal power of those who owned Carolina, the Lords Proprietors, and to the crown, which granted Carolina’s charter, and to the logic of a different theory of government, patriarchalism, for the rationale behind both slavery and absolutism. The central ideas behind slavery and colonization were epitomized, as Locke understood, by Sir Robert Filmer, who wrote the book to which Locke responded in his Two Treatises of Government. Filmer’s ally, Sir Henry Spelman, like Filmer a deeply committed royalist who believed in the king’s unlimited prerogatives, composed the original 1629 Carolina charter that shaped the Fundamental Constitutions. Misattributing the authorship of particular clauses to Locke is a symptom of a larger failure to distinguish the impact of momentous debates over authority and race in the seventeenth century. Locke’s theories did, in practice as well as principle, reject the theory of domination put forward by Filmer, and argued instead for human rights and democracy that were inclusive and capacious. The manuscript evidence has the potential to reshape how modern democratic theory is understood in the present. (shrink)

This article provides new information on the publication history of the first edition of the text that, according to many scholars, laid the ground for the growth of international law: Hugo Grotius’s De iure belli ac pacis. Drawing on the preliminary findings of the Grotius Census Project at the Max Planck Institute for Comparative Public Law and International Law, funded by the German Research Foundation (Deutsche Forschungsgemeinschaft), the following pages shed light on the first three states of the typescript, the (...) sources that Grotius had access to in France while drafting the book, and the early circulation of the 1625 edition, published by Nicolas Buon in Paris. The goal of this publication is to disseminate updated information on the printing history of this key text in the history of legal and political thought, and to invite readers to come forward with more information about the location of the remaining copies of the text, in order to advance our understanding of the rise of international law around the world. (shrink)

We argued in earlier work that South Africa's democratic transition accomplished more than abolishing formal apartheid and replacing it with civil and political democracy. The transition also established a platform for “transformative constitutionalism,” an aspiration and generous constitutional framework for South Africa to embark on a postliberal path toward becoming an egalitarian social and economic democracy. Manifestly, the promised social and economic transformation remains largely unfulfilled. Many South Africans blame the constitutional settlement for this failure of delivery, seeing it as (...) a weak compromise with the old regime that restricts socio-economic transformation. We reject this view and assign blame for the failure of the transformative project squarely on the politics and policies of ANC governments in power over three decades. The transformative project was not blocked by the constitutional settlement; it was never attempted. The ANC brought mostly conventional, liberal democratic goals to the transition negotiations. It embraced neoliberalism before the 1996 Constitution was drafted, indeed before the 1994 elections brought the ANC to power. Ironically, during the Final Constitution drafting process (1994-1996), ANC negotiators moved left under the inspiration of and pressure from the Mass Democratic Movement (MDM). The 1996 text is transformative in aspiration and in its toolbox of innovative legal technologies, but the ANC never took it seriously as a guide to policy. If South African politics ever realigns, future activists will find in the 1996 text a storehouse of legal values and tools meant to nourish radical social and economic change. (shrink)

Like nuclear energy, most technologies could have dual use—for health and well being and disaster and terror. Some research publications have brought to the forefront the tragic consequences of the latter potential through their possible use. Monitoring life science research and development (R&D) to prevent possible misuse is a challenging task globally, more so in developing economies like India, which are emerging as major biotech hubs. As a signatory to the Biological and Toxin Weapons Convention, India has put in motion (...) a process of evolving a series of measures to manage dual-use technology. The Indian Council of Medical Research (ICMR) has taken a lead in drafting model codes of conduct, ethics and practice for use by other S&T agencies to tailor them as per their requirements. Taking cue from the discussions held by the editors of the various medical and science journals in the developed world, the Indian Journal of Medical Research, the official publication of the ICMR, is working on policy and uniform practice of publication of dual-use research results. The Government of India too has promulgated legal provisions to minimize the risks of misuse of technology, like the Weapons of Mass Destruction Act. Clearly, no single agency would be able to manage the dual-use of technology effectively. Multiple agencies have to come together to work in tandem for effective implementation of various measure and also like Janus, ensure that they are neither too restrictive nor intrusive to discourage the development of science. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

BackgroundAnatomy Act provides legal ambit to medical educationists for the acquisition of cadavers. The changing medical education scenario, socio-demographic change, and ethical concerns have necessitated an urgent review of its legal and ethical framework. Suitable amendments addressing the current disparities and deficiencies are long overdue.MethodsAnatomy Act in India is a state Act, which ensures the provision of human bodies for medical education and research.The methodology included three components namely: Comparison of various Anatomy Acts clause by clause,Feedback from anatomists, (...) andFormulation of comprehensive model Anatomy Act.ResultsVarious Acts studied showed discrepancies in the purpose of the Act, roles and duties of stakeholders, regulation for body donation, the procedure to handle unclaimed bodies, disposal of dissected bodies, etc. No Act defines a donor and neither addresses the issue of transport of anatomical material. Only ten states have a clause for body donation. Acts of only six states have been amended over the last 50 years. Three states denied having an Act. The whole exercise of review of Acts, extensive feedback received from end-users, and taking into account global good practices, culminated in drafting a comprehensive model Anatomy Act founded on ethical principles.ConclusionIndia, with the largest number of medical colleges, is not only at the forefront but also a hub of medical education in the Southeast Asia region. Legal reform can be a torchbearer to promote ethical and transparent practices for obtaining cadavers for other countries of the region with similar socio-demography and shall also motivate anatomic fraternity across the globe for critical analysis of their respective Anatomy Acts. (shrink)

Environmental Law, Ethics and Governance draws attention to the necessity for inter-disciplinarity in research focused on achieving good environmental governance, be it of a physical area, an environmental problem or a natural resource. Law and ethics each have an important role to play in this regard and the chapters in this volume consider these issues from a number of different perspectives. Included in this book is the academic research and professional experiences of a diversity of authors, including those engaged in (...) research into substantive governance issues, which arise at all levels from the global to the local. The case studies explored in this book provide excellent examples from across this range. In addition, contributions are included from those involved in process and procedural matters, including the complex issues of how new law ought to be drafted, the implementation of that law and environmental legal education. This volume is both thought provoking and instructive and aims to inspire further research regarding the ethical dimensions of environmental law and legal governance. It is clear that these topics remain of great significance if law and policy is to be effective and therefore this volume is a valuable and timely contribution to the discourse in this area. (shrink)