A business entity established and owned by a village is designed to support the community in meeting their daily needs, enhancing their knowledge, and providing business and employment opportunities. This requires an institution capable of managing these activities effectively. The institution in question must be able to generate profits because the potential within a village is intended to promote the welfare of the local community. This study examines village institutions functioning as economic entities, commonly known as Village-Owned Enterprises (BUMDes). The (...) study also explores the legal status of these entities and their role in implementing programs aimed at building a prosperous society. The research findings confirm that BUMDes, as regulated by Government Regulation Number 11 of 2021 and the Regulation of the Minister of Villages, Development of Disadvantaged Regions, and Transmigration Number 3 of 2021, have legal entity status. This means that these institutions are recognized and regulated by law, allowing them to engage in business activities legally, while also being responsible for adhering to applicable laws and regulations. The village government wholly owns these business institutions, and their mission is to manage and develop the village's economic potential. Additionally, BUMDes are intended to create jobs, enabling village communities to meet their basic needs, increase their income, and advance the local economy. The legal framework governing these institutions must be a focus for stakeholders to ensure the creation of legal justice, certainty, and benefits. (shrink)

This monograph considers the challenges of science globalization, new trends of development in global studies and globalistics boosted by application of the evolutionary approach. Evolutionary globalistics focuses on the study of development and co-evolution of global processes and systems, and on their synergistic systemic phenomenon - global development. The concept of evolutionary globalistics is defined in the context of the universal (global) evolutionism and in terms of transition to new safer forms of civilization development and of (...) interaction of civilization with the nature of the Earth and Space. Special emphasis is placed on methods and approaches used in globalistics, as well as to spatio-temporal expansion of global studies. The evolution of globalistics itself is analyzed, including the development of such areas as political globalistics, legal globalistics, information globalistics, futuroglobalistics, nooglobalistics, cosmoglobalistics and other. Target audience: experts, lecturers, students, post-graduate students, a wide range of readers interested in the issues of globalistics and global studies. (shrink)

The damage caused by non-military aircraft to persons or property on the ground has long been a subject of international concern. Two key conventions were established to regulate liability arising from such damage: the 1952 Rome Convention, commonly known as the Rome Convention on “Damage Caused by Foreign Aircraft to Third Parties on the Surface,” and, later, the Montreal Convention of 2009, formally known as the “Convention on Compensation for Damage Caused by Aircraft to Third Parties.” The Montreal Convention was (...) a result of the signatory states to the Rome Convention recognizing the need to review and update certain provisions. Both the United Arab Emirates and the Kingdom of Saudi Arabia are signatories to this convention. While international regulations play a significant role, domestic legislation is equally critical. It is therefore incumbent upon nations to enact clear legal provisions to regulate the liability of aviation investors for damage caused by aircraft to third parties on the ground, from a national legal perspective. This study addresses an issue of critical importance, namely the need for precise regulations that clarify the conditions of an aviation investor’s liability for damage to third parties on the ground within the national legal frameworks of the UAE and Saudi Arabia. Through comparative analysis, this research seeks to address the legislative gaps found in the UAE’s Civil Aviation Law No. 20 of 1991 on this matter. (shrink)

Preface The status of sovereignty as a highly ambiguous concept is well established. Pointing out or deploring, the ambiguity of the idea has itself become a recurring motif in the literature on sovereignty. As the legal theorist and international lawyer Alf Ross put it, “there is hardly any domain in which the obscurity and confusion is as great as here.” 1 The concept of sovereignty is often seen as a downright obstacle to fruitful conceptual analysis, carried over from its (...) proper setting in history to “plague and befog contemporary thought.” 2 . . . So contested is the concept that, rather than pursuing the contestation, many political theorists think we should give up so protean a notion. Granting that the debate on the relevance of sovereignty frustratingly oscillates between claims that it will either continue to exist or that it is about to disappear, forgetting it altogether, and thereby escaping this seemingly endless argument, can easily appear as the most urgent task for political theory . The following argument makes a case that the “urgent task” is not the abandonment of the concept of sovereignty, but an understanding of its essential philosophical nature as an integrated and evolving expression of practical reason. Sovereignty is neither ambiguous nor obscure once its fundamental presuppositions are laid bare and its many philosophical and historical manifestations shown to be the product, in actuality, of a single, dialectally dynamic but integrated set of metaphysical elements. This is the first of three arguments describing the evolution of international law as a manifestation of practical reason through an application of philosophical method to the source , locus , and scope of the concept of sovereignty. It moves from a dialectic balance favoring utility to a balance dominated by legal right to a dialectic of duty to humanity and nature. All three arguments are meant to be a contribution to the new field of International Legal Philosophy as defined by Phillip Allott. 4 This field combines a sensitivity to legal practice with an effort to understand the underlying philosophical determinants of empirical choice and behavior. One purpose of international legal philosophy is to “remove” from the minds of those who study the law what Diderot defined as “the sophism of the ephemeral,” and what Allott calls “the disempowering idea that what xii Preface happens to exist now is inevitable and permanent.” 5 A core imperative is to “reunderstand what it is to be a thinking being” 6 and to rediscover the dialectic between the private and the public as it determines, and is redetermined by, legal practice. This requires a “revolution in the human mind” 7 so that we may transcend the current dependence on positivist methods and empirical fact as an end-in-itself, and try to understand the underlying and more constant and essential ideas and inherent dialectics that constitute the substructure or “metaphysics” of international law. I will approach this “revolution” with the use of R. G. Collingwood’s philosophical method 8 and the philosophy of David Hume, applied to international law as an expression of practical reason. The goal of philosophical method is the construction of a comprehensive policy argument (CPA) for a public policy or legal issue. In addition to the conventional use of empirical models and their logic of investigation in the study of policy and law, CPA requires that an underlying philosophical logic of concepts be deciphered to identify the ideas within the issue, and their definition, overlap, and systematic interdependence. Philosophical method is a means with which to interpret and understand competing systematic and complete conceptual logics, existing at the core of an issue and pertinent to policy change. Philosophical method is therefore not meant to be a replacement for the empirical investigation of a policy or legal issue, or the use of scientific method in social studies. Rather, it is a complimentary and prerequisite method that seeks to transcend the limitations of positivism and present a more complete understanding of the philosophical presuppositions of positivist ideas like power, interest, or strategic rationality. Philosophical method is meant to be used with the facts of the policy or legal issue to match an illuminating logic of concepts with a pertinent logic of investigation . Within the CPA, the use of philosophical method and the metaphysics of a policy or legal issue is assumed to be critical to the full understanding of the overlapping concepts, dialectics, and scale of forms that determine, and are determined by, the empirical context of the policy or legal topic. Specifically, instead of utilizing bits and pieces of various theoretical arguments to address narrowly focused empirical questions, as positivism prescribes, I will address the evolution of international law as practical reason in three phases. Each will be approached through a single integrated logic of philosophical concepts from a particular philosopher (i.e., David Hume, G. W. F. Hegel, Immanuel Kant). This philosophically holistic approach to the law is based on the assumption that only through the use of a single integrated argument in legal analysis can sovereignty, or any concept, be understood as a truly systematic and logical whole. A complete philosophical paradigm has a dialectic integrity and systematic logic that can more adequately describe the evolving essence of a concept like sovereignty. This approach also has the advantage of generating a number of distinct holistic descriptions of the law through the application of different philosophical systems, one at a time, to its factual structure. 9 Positivism does not seek Preface xiii holism, and rejects the idea that “theory” has such a characteristic. The essential or comprehensive substructure of any idea is therefore ignored in a method that recommends the observation of empirical problems through the use of whatever hodgepodge of theoretical elements is seen fit to frame its superstructure. This failure to deal with metaphysics has retarded both an essential understanding of international law as a species of legal system, and any holistic and dialectical conceptualization of its inherent concepts, like sovereignty. A second positivist convention expects modern theorists to create new theory rather than to refine and apply that of existing philosophy. This predisposition is driven by the positivist goal of discovery that ignores refinement as a possible purpose of philosophical analysis. Collingwood argues that philosophy must take that set of ideas already known and utilize existing systematic philosophical arguments to refine them so that they evolve closer to their essence as concepts. Considering this imperative, the idea of sovereignty can be assumed to have had valid usage for hundreds of years, over which time, the concept has evolved to mean different things, each a refinement of the definition that preceded it. Transcending positivism means that the scholar’s search is not for “new” material, but to decipher the metaphysical essence of a concept as it has been made manifest over time and context. These manifestations are rooted, and refined from, the known terms of that concept’s inherent idea(s). Rather than depending exclusively on positivism and its conventions, my work utilizes, in addition to Collingwood, the intact philosophical systems of Hume, Hegel, and Kant to trace the refinement of international law as a product of human practical reason. These paradigms, or integrated systems of logical concepts, will be applied to legal practice individually, so that each CPA can be deciphered separately. This provides a set of integrated and logically intact paradigms for the evolutionary stages of practical reason in international law. Because each argument is applied systematically, a deeper understanding of the source, locus, and scope in the development of law in general, and international law in particular, is possible where it is not with the application of various disconnected components of many theories. Each CPA based on Hume, Hegel, or Kant can then be used to describe a distinct context that its logic of concepts best illuminates; specifically, the (1) genesis, (2) contemporary dilemmas, and (3) future of the international legal system. By widening the perspective of international lawyers and policymakers, they can more easily perceive the dialectic of ideas that has created, and is refined by, the legal practice in which they participate. We also move toward Allott’s goal of “human self-perfecting.” 10 And, in addition, by providing a more complete knowledge of the origins of legal practice and its evolution, we illuminate the practical possibilities for what we might “choose to be” 11 in the future. To achieve this, the essential metaphysical elements of state sovereignty and its inherent evolutionary scale of forms will be deciphered and described. This will transform what appears to be a multitude of definitions and xiv Preface practical realizations of the concept of sovereignty into a set of interdependent manifestations of a single substructure, made of a single set of dialectic elements. The interpretation of international law through practical reason sorts and integrates a diverse and discordant literature and defines state sovereignty as a single concept evolving on a scale of forms that allows it to exhibit diverse character traits, all arising from different combinations of common and essential metaphysical elements. This approach, compared to positivist methods and legal realism, allows one to transcend current agreement that sovereignty is, at best, a narrowly focused set of empirical characteristics or, at worst, “organized hypocrisy.” 12 This method also encourages the scholar and practitioner to understand the predispositions and pitfalls of the concept of sovereignty, as well as its potential future paths, more effectively. The use of philosophical method to create policy paradigms out of preexisting philosophical systems and apply these to international law will be called Philosophical-Policy & Legal Design . This approach allows the use of preexisting and complete philosophical arguments that provide an adequate logic of concepts to chart the evolution of the idea of sovereignty along its scale of forms. An examination of the source of practical reason in human social convention with the employment of a philosophical-policy drawn from Hume’s logic of concepts about human nature will demonstrate this new approach. Why Hume? Because, up to now, without an adequate substructure we have arguments, like Brunne é’ s and Troope’s, 13 that may correctly identify international law as an “interactional” system, but cannot present any argument as to why it is, where this empirical reality comes from, or what its implications are for the future. Comparatively, Hume provides a logic of philosophical concepts that answers these concerns. First, he fulfills the requirements for a fuller understanding of the origin and evolution of law from social convention and the dependence of social convention on the human imperative for society. Second, he offers a more adequate delineation of the overlapping concepts of the law in terms of the ideas and institutions that deal with norms and justice (e.g., principle, process, practice, rule, power, interest). Third, he provides a fundamental understanding of the essential dialectics at the core of a conceptualization of the law with both unconscious and conscious human participation (i.e., passion. (shrink)

Adopting an evolutionary perspective, this Research Handbook presents novel and cutting-edge insights into the interdisciplinary field of legal evolution. Engaging with various scientific approaches, it provides a versatile analysis of legal evolution, examining the field as a whole as well as in the context of specific branches of law. Featuring meritorious contributions from eminent scholars, the Research Handbook navigates the two different yet interconnected currents of legal evolution. Chapters first offer a reflective study of the history (...) of legal systems, concepts and doctrines which sets out the regularities, mechanisms, and patterns in the process of transformations that such systems, concepts and doctrines undergo. It moves on to explore various legal problems through the prism of evolutionary anthropology which rests on the assumption that evolutionary biology and psychology provide valuable insights into human nature. Both stimulating and authoritative, the Research Handbook on Legal Evolution is an indispensable read for researchers, academics and students in law, legal philosophy and theory, and political philosophy. (shrink)

This study discusses the comparative application of child custody laws between developed and developing countries with a focus on the principle of "best interests of the child." Although this principle is recognized globally, its implementation varies widely across countries, influenced by social, cultural, religious, and economic factors. Developed countries such as the United States and Sweden tend to have more structured legal systems that support equality in custody, often adopting a joint custody model. In contrast, developing countries such as (...) Indonesia and India face significant challenges in implementing this principle due to the influence of customary law, religion, and resource constraints. This study uses thematic and comparative analysis methods, and makes generalizations about the factors that influence the implementation of child custody in countries with different socio-economic backgrounds. The results of the study indicate that legal and social policy reforms, as well as increasing access to social services and legal education, are essential to improving the protection of children's rights in developing countries. Thus, recommendations focus on the need for international collaboration and increasing the capacity of courts to adopt best practices in child protection. (shrink)

Praise be to Allah and peace and blessings be upon the Messenger of Allah and his family and companions, and after: This research tagged with: "Family security is a legitimate purpose to achieve human security" aims to show the importance of family security, and how the Sharia paid great attention to it, and stressed the need to maintain it in all psychological, health, physical, economic and moral fields as the family is the first basic social unit and nucleus, which is (...) based on preserving it, the preservation of the human species, its security and stability, and thus the negligence of it is negligence of the human race and the human species as a whole. This research is supported by legal or Sharia ‘s texts that make it clear that achieving family security is a legitimate goal given great care by Islam, and there is no evidence of this clearer than the rotation of legal provisions either lawful or unlawful around the protection of the family: its religion, soul, mind, dignity and wealth, which preservation ot them represents the preservation of the highest levels of interests, and is called the five necessities. This research came after mentioning the legal texts supported by human studies and experiences as a source of knowledge that benefits the human race, and in support of what was stated in the legal texts of facts and results of interest that may increase the stability of the Muslim and his faith, and highlight the bright face of Sharia, away from other projects and trends that are imposed under the media noise and various pressures, despite the clarity of their destructive effects on the family and human society. The sufferings that were resulted of these devastating effects appered every where, that causes reluctance to show the truth and the beneficial and useful consequent of them, and therefore this research came as a contribution to the promotion and protection of family security as a legitimate purpose to achieve human security, where it included an introduction, seven investigations, results and conclusion. The first section included clarification of the truth of the purposes of Sharia, its sections and ranks, as the second section included confirmation that the role of women is large and important in the protection of family security and that their position in the family is responsible not hired, then the third and fourth sections indicated how Islam achieved health security and protected the family from physical and psychological diseases that may affect its members, then the fifth section showed how to achieve economic and living security, and the sixth section included a statement of how Islam achieved security for the family and protected it from extinction and weak reproduction, which endangers countries and the lack of renewal of generations resulting from the lack of births, while the seventh section dealt with the statement of how Islam achieved security for the family and protected it from crime that targets its foundation and entity. Praise be to Allah, Lord of the Worlds, and may Allah's prayers and peace be upon our Prophet Mohamed, his family and companions as a whole. (shrink)

The scientific validity of racial categories has been the subject of debate among population geneticists, evolutionary biologists, and physical anthropologists for several decades. After World War II, the rejection of eugenics, which had supported sterilization laws and other destructive programs in the United States, generated a compelling critique of the biological basis of race. The classification of human beings into distinct biological “races” is a relatively recent invention propped up by deeply flawed evidence and historically providing the foundation of (...) racist ideology and inequities of power. Social scientists’ conclusion that race is socially constructed was confirmed by genomic studies of human variation, including the Human Genome Project, showing high levels of genetic similarity within the human species. Some scholars came to believe that the science of human genetic diversity would replace race as the preeminent means of grouping people for scientific purposes. (shrink)

The article is devoted to the study of the historical context of the cities’ development as subjects of international relations, their evolutionary transformation from political and security unions, through political and religious unions to large agglomerations capable of conducting independent international activities, taking into account their own socio-economic, cultural and educational interests of their residents. Using an interdisciplinary approach that combines historical, legal, political science, and management disciplines, the author has revealed the multifaceted use of such concepts as (...) «partner cities», «twin cities», «municipal cooperation», «decentralized cooperation of cities» etc., which proves that their use as synonymous definitions indicating a non-governmental, horizontal international level of cooperation between individual local actors is not sufficiently regulated.The study outlined the criteria for selecting a partner city. The historical way of the formation of global and regional international organizations and associations of municipalities, which developed recommendations for in-depth cooperation between cities of different political systems to exchange experience, deepening of cooperation in the environment of modern management in the context of urbanization, is highlighted. It is proved that such initiatives are based on intercultural cooperation, the foundations of the international and national law, which strengthens the reputation and foreign policy integration strategies of the state as a whole. It has been found that often in the process of decentralization, localization, and manifestation of their own subjectivity, cities are more effective and faster in making decisions, establishing international forms of cooperation, and implementing the most important projects. (shrink)

The author intends to present evolutionary and revolutionary changes in legal terminology. Legal terminology changes as a result of language usage, technological development, political and social changes and even economy reasons. The following research methods have been applied: the terminological analysis of the research material and the analysis of pertinent literature. The research material included legislation from the United Kingdom, the United States of America, Canada and Australia. The author focuses on terminological changes resulting from social transformations. (...) Selected terms and their transformation in respect to meaning and form are elaborated on in the paper. Finally, the author draws conclusions that translation of such terminology should aim at communication precision and many of them may be false friends in interlingual communication. (shrink)

Among the different approaches to comparative tax law the one adopted here views comparative taxation as a descriptive tool conducive to tax design, a tax policy approach grounded in an evolutionary concept of tax change. Comparative taxation should be based on the functions of tax rules, with the goal of identifying similarities and differences between domestic tax systems, and should indicate potential alternative solutions to common policy issues by looking at how the basic elements of tax law-in-action interact. The (...) Article develops a theoretical framework for comparative tax research and uses examples drawn from a comparative study on the General Anti-Avoidance Rule in Canada and China, thus endeavouring to provide a crosscultural inquiry into tax transplants across the divide of Western and non-Western legal traditions. It is claimed here that a common model of tax systems should be adopted for the purpose of comparing them, and that legal theory is needed to pursue this task. The use of legal theory as a critique of municipal tax ideas is discussed in Part I, while Parts II and III deal with how legal theory can be used to describe the structure and evolution of tax systems by relying on concepts of legal hierarchies and chains of productions of tax rules. Part IV concludes with practical applications of legal theory in comparative tax research in respect to tax transplants and tax design issues by providing an explanatory framework of General Anti-Avoidance Rules in Canada and China. (shrink)

The handling of corruption cases in Indonesia has undergone significant changes, particularly in the application of criminal procedural law aimed at enhancing the effectiveness of corruption eradication. One of the important developments is the implementation of a progressive legal approach that is more adaptive to socio-political dynamics and aims to create substantive justice. However, there is a gap in the consistent application of the lex specialis principle, which has led to legal uncertainty and regulatory loopholes exploited by corrupt (...) actors. This research employs a qualitative descriptive method with in-depth interviews and legal document analysis to explore the paradigm shifts in the enforcement of corruption cases in Indonesia. The findings indicate that the progressive legal approach has succeeded in addressing inconsistencies in the application of lex specialis, increasing legal flexibility through the practice of discretion, and leveraging collaboration with whistleblowers to uncover major corruption cases. The results also show a significant decrease in the number of corruption cases following the implementation of this new paradigm. This approach allows the law to be more responsive to social changes, creates more sustainable justice, and strengthens efforts to eradicate corruption. The implications of this research provide new insights for legal reform in Indonesia, particularly in enhancing the effectiveness of law enforcement against corruption. (shrink)

Ethical consumerism theory aims to describe, explain, and evaluate the ways in which producers and consumers use the market to support social and environmental values. The literature draws insights from empirical studies of sectors that largely take place on the legal market, such as textiles and agri-food. This paper takes a first step toward theorizing ethical consumerism in semi-legal sectors where market activities occur legally and illegally. How does extant theory extend to sectors such as sex work, (...) cigarettes, and recreational drugs? This study draws on the case of recreational cannabis (marijuana) in Portland, OR (USA). Data from 33 interviews, structured fieldwork at 64 dispensaries, and the US Census Bureau American Community Survey are analyzed using qualitative, quantitative, and spatial methods. The findings are compared to 12 suggestions that emerge from the literature on fair trade, organics, alternative agriculture, and political consumerism. I argue that not all ethical consumerism theory extends to semi-legal sectors. Cannabis closely resembles theoretical expectations in terms of supply/demand, prioritization of ethical issues, and pervasiveness of false claims, but differs in terms of who organizes, which types of strategies are pursued, and how ethical products are framed. The differences stem from several pervasive stigmas about cannabis. I also argue that the stigmas that set cannabis apart from other (more legal sectors) and present challenges to ethical consumerism in cannabis are directly related to the War on Drugs. These insights suggest that prohibition (and its lingering effects) can inhibit the emergence of ethical consumerism. (shrink)

This article shows how descriptive imagery can be used to hijack evolved psychological instincts and prejudice the judgment of others, particularly in the legal and political domains. By mimicking the cues that represented threats to our ancestors, those wishing to color the perception of others can subtly trigger the affective responses that evolved to help navigate ancestral threats. When this happens, logic may be unseated in favor of deep-seated instinctual responses, often to a problematic degree. In this way, lawyers, (...) politicians, and activists, taking a page out of the playbook of novelists and other storytellers, can weaponize words, images, descriptions, and narratives to, often improperly, sway the opinions of others. (shrink)

Although the treatment of history in late nineteenth-century American legal scholarship remains largely unexplored, two recent areas of research have discussed this subject tangentially. Historiographical critiques of the emphasis on doctrine by American legal historians typically maintain that late nineteenth-century legal scholars viewed history as disclosing an inevitable evolutionary progression from primitive to civilized forms. This "whiggish" approach, the critiques add, ignored the context and function of past law while apologetically justifying conservative existing law as autonomous (...) scientific truth. Without addressing the historiographical critiques, scholarship about late nineteenth-century legal thinkers has touched on their historical research and assumptions, mostly in passing as part of inquiries about other subjects. Designed primarily to convey how both areas of research have contributed to the historiography of late nineteenth-century American legal history, this article concludes by drawing on my own extensive reading of the original sources. Sometimes in support but often in refutation of the existing secondary literature, my findings reveal that the late nineteenth-century scholars formed a distinctive and sophisticated American school of historical jurisprudence that merits further study. Often warning against the very faults ascribed to them by dismissive subsequent scholars, many viewed legal evolution as a contingent response to social change and urged substantial reform of existing law. The American school of historical jurisprudence, moreover, provides an important intellectual context for new insights into two giants of American legal thought, Oliver Wendell Holmes, Jr. and Roscoe Pound. (shrink)

This article examines the race-thinking and colonial reasoning circulating in two recent developments in Canadian law with respect to polygamous marriage: the Polygamy Reference that upheld the Criminal Code provision on polygamy and the Zero Tolerance for Barbaric Cultural Practices Act. This legislation introduced changes to Canada’s immigration regulations, which include the practice of polygamy as a basis for refusing foreign applicants and deporting foreign nationals. I address how insights from the field of evolutionary psychology were applied in the (...) Polygamy Reference and what discursive and material resonances they had in the Zero Tolerance Act. Drawing on the work of Sylvia Wynter, I situate these judicial and legal developments in relation to violence, within colonial formations of state power, and as forces supporting white supremacy through the continuing valorization of monogamy as a foundational aspect of social and sexual citizenship in Canada. (shrink)

The Dialectical Forge identifies dialectical disputation as a primary formative dynamic in the evolution of pre-modern Islamic legal systems, promoting dialectic from relative obscurity to a more appropriate position at the forefront of Islamic legal studies. The author introduces and develops a dialectics-based analytical method for the study of pre-modern Islamic legal argumentation, examines parallels and divergences between Aristotelian dialectic and early juridical jadal-theory, and proposes a multi-component paradigm—the Dialectical Forge Model—to account for the power of (...) jadal in shaping Islamic law and legal theory.In addition to overviews of current evolutionary narratives for Islamic legal theory and dialectic, and expositions on key texts, this work shines an analytical light upon the considerably sophisticated “proto-system” of juridical dialectical teaching and practice evident in Islam’s second century, several generations before the first “full-system” treatises of legal and dialectical theory were composed. This proto-system is revealed from analyses of dialectical sequences in the 2nd/8th century Kitāb Ikhtilāf al-ʿIrāqiyyīn / ʿIrāqiyyayn through a lens molded from 5th/11th century jadal-theory treatises. Specific features thus uncovered inform the elaboration of a Dialectical Forge Model, whose more general components and functions are explored in closing chapters. (shrink)

The rapid spread and development of artificial intelligence technologies has raised important questions that have an impact on laws and regulations related to intellectual property. In light of this, the research aims to explore the impact of artificial intelligence on intellectual property laws and regulations, and to examine the legal implications of the innovations generated by artificial intelligence on authorship, invention, ownership, infringement, and enforcement of intellectual property laws. In light of the great concerns about its impact on intellectual (...) property laws and regulations and the uncertainty and ambiguity in the application of intellectual property laws, the researcher considered it a problem of the study as it leads to potential risks and challenges for creators, inventors, and intellectual property rights holders. The research followed the comparative approach to provide a view of the different approaches regarding this topic, and to help shed light on the main difficulties faced in applying the law in such an evolving context. The study reached many conclusions, but the most important of them is that artificial intelligence threatens office jobs due to its ability to generate high-quality content quickly and at a low cost, and intellectual property laws will continue to be breached, which necessitates the need for the law to adapt to establish rules of conduct and limits of human work, and recommends engaging in an international dialogue to unify laws and manage disputes related to intellectual property across borders. (shrink)

Pornographic content is harmful to children's psychological and mental development. In Indonesia, many children are involved in activities and access pornographic content through social media. In some cases, children exposed to pornography will experience a decrease in IQ and mental disorders in terms of sexuality. This type of research is descriptive-qualitative identifying, explaining, and analysing a phenomenon based on variables and primary and secondary data. The purpose of this research is to find out the impact of pornographic content on social (...) media for children's psychology and how the Indonesian government's policy addresses the problem. The results of this study show that the psychological impact of child victims of pornography include: anxiety and stress disorders, sexual perception deviations, identity and body image disorders, decreased social interaction skills, difficulty concentrating on learning and poor self-image. The Indonesian government's policy to protect children from pornography is carried out through penal means using criminal law enforcement instruments, as well as non-penal means, namely cooperation between countries and global child protection organisations, blocking content, and educating understanding of using a healthy internet. (shrink)

In view of the vital role played by the testimony or witness in detecting and combating corruption crimes, the Saudi Arabia issued a new law for the protection of whistleblowers, witnesses, experts and victims, by Royal Decree No. (M/148) dated 8/8/1445 AH, and since there is a potential threat to those who dare to reporting or witnessing the commission of these crimes, the low dealt with the types and forms of protection provided to them, and this research tries to answer (...) a key question, which is: What types of protections does the Saudi low guarantee to witnesses in corruption cases? This is done by using the descriptive, analytical research methodology, by characterizing and extrapolating the types of protection, and analyzing the texts of the low to identify the types and forms of protection contained therein. The study reached several results, the most important of which are: the interest of the Saudi regulator in protecting witnesses in this type of cases to provide the necessary guarantees for the protection of human rights, as it enacted a set of security, judicial, functional and social guarantees to protect the witness, and organized a number of new measures, including concealing the witness's identity and personal data, not attending him during the trial, and sufficiency, for example, with recordings without the possibility of discussing him. (shrink)

River conservation is rooted in the importance of managing watersheds (D.A.S.) in Indonesia, with 42,210 watersheds forming the basis for management policies. To ensure ecosystem sustainability, these policies consider various aspects such as land conditions, water quality, and regional land use. However, the reality on the ground shows that rapid urbanization and a lack of public awareness have led to river pollution and damage to riverbanks. Therefore, more robust conservation efforts are required to achieve environmental justice. This research employs a (...) normative juridical method and focuses on the Cirebon area. The findings reveal that implementing urban river conservation policies in Cirebon includes controlling illegal construction, conducting community outreach on the importance of river protection, and executing environmental rehabilitation programs to raise awareness of the negative impacts of unauthorized development. Despite progress in data collection and action planning, challenges such as community resistance and budget constraints continue to hinder the effectiveness of policy implementation. Collaboration between the Government, communities, and other stakeholders is essential to ensure the success of these conservation efforts. (shrink)

Business companies are at an unconventional and non-material risk that threatens their business reputation or brand potential in the market. (Cyber Risk), so insurance companies have introduced specialized insurance contracts designed to mitigate the impact of this devastating risk. The need for commercial companies to purchase cyber risk insurance policies has recently increased due to persistent and increasing threats to their operating systems containing the company's database and customers. It has become necessary for businesses to take note of how the (...) cyber risk policy can be covered. At the same time, it is difficult to identify common exceptions in cyber risk insurance contracts because it is relatively recent. In addition, there is a kind of confusion between the insurance contract of cyber risk and some contracts that you may suspect on the other hand. (shrink)

Is shame social? Is it superficial? Is it a morally problematic emotion? Researchers in disciplines as different as psychology, philosophy, and anthropology have thought so. But what is the nature of shame and why are claims regarding its social nature and moral standing interesting and important? Do they tell us anything worthwhile about the value of shame and its potential legal and political applications? -/- In this book, Julien Deonna, Raffaele Rodogno, and Fabrice Teroni propose an original philosophical account (...) of shame aimed at answering these questions. The book begins with a detailed examination of the evidence and arguments that are taken to support what they call the two dogmas about shame: its alleged social nature and its morally dubious character. Their analysis is conducted against the backdrop of a novel account of shame and ultimately leads to the rejection of these two dogmas. On this account, shame involves a specific form of negative evaluation that the subject takes towards herself: a verdict of incapacity with regard to values to which she is attached. One central virtue of the account resides in the subtle manner it clarifies the ways in which the subject's identity is at stake in shame, thus shedding light on many aspects of this complex emotion and allowing for a sophisticated understanding of its moral significance. -/- This philosophical account of shame engages with all the current debates on shame as they are conducted within disciplines as varied as ethics, moral, experimental, developmental and evolutionary psychology, anthropology, legal studies, feminist studies, politics and public polic. (shrink)

This study dealt with one of the most important legal subjects in private international law that relates to the topic of law applicable to electronic signature and is problematic by the lack of clear and explicit texts to determine the law required on the topic The main objective of the study was to reflect the legal regulation in private international law of such a problem, as well as to address some practical and applicable problems relating to the topic (...) of the study, including the legal nature of an electronic signature, When preparing this study, the researcher relied on the inductive approach by extracting legal texts on the subject of the letter in accordance with Jordanian legislation. in addition to the analytical approach where the researcher analysed and described the legislative and doctrinal positions and international conventions associated with the subject matter of the letter, The prescriptive approach, through a statement of the legal nature of the electronic signature. The researcher produced a series of results, the most important of which was the absence of clear and explicit texts specifying the law applicable to the electronic signature. This result was reflected in the recommendations of this letter, which were the most important recommendation to the Jordanian legislature that legal rules should be drawn up to determine the law applicable to the subject matter of the study. (shrink)

This study deals with the protection of intellectual property rights in French and Iraqi civil law. This is because the literary and life creativity in Iraq is declining, it is difficult to invest money in new things, and the number of people who comply with the artificial laws made since 2003 is increasing, and secondly, another reason, people's ignorance of the existing laws in Iraq. Iraq, so it is necessary. In each legislation, legal mechanisms are used to promote media (...) and life publishing and help people make money in the process of inventing literary and life works, which can be achieved by granting them a series of intellectual property rights that represent different privileges. From the fundamental rights of people, which are psychologically and morally valid at one or more points in time. This leads us to delve deeper into these rights, which have been incorporated into civil subjects since the creation of some of them through exchanges between authors and publishers or those who own innovative objects. This returns to the ownership model of the target company. In this way, we will mainly discuss the issue of intellectual property rights and carefully discuss the specific rights divided between the French Civil Code and the Civil Code, and then turn our attention to the two themes of law and incentives. The Civil Code collapses. This consists of comparing the independence of intellectual property rights, mainly regulated by French and Iraqi civil laws, and secondly with some provisions of the model. (shrink)

This book outlines and evaluates the principal strands of critical legal studies, and achieves much more as well.

For much of the twentieth century, philosophy and science went their separate ways. In moral philosophy, fear of the so-called naturalistic fallacy kept moral philosophers from incorporating developments in biology and psychology. Since the 1990s, however, many philosophers have drawn on recent advances in cognitive psychology, brain science, and evolutionary psychology to inform their work. This collaborative trend is especially strong in moral philosophy, and these three volumes bring together some of the most innovative work by both philosophers and (...) psychologists in this emerging interdisciplinary field. The contributors to volume 2 discuss recent empirical research that uses the diverse methods of cognitive science to investigate moral judgments, emotions, and actions. Each chapter includes an essay, comments on the essay by other scholars, and a reply by the author of the original essay. Topics include moral intuitions as a kind of fast and frugal heuristics, framing effects in moral judgments, an analogy between Chomsky's universal grammar and moral principles, the role of emotions in moral beliefs, moral disagreements, the semantics of moral language, and moral responsibility. Walter Sinnott-Armstrong is Professor of Philosophy and Hardy Professor of Legal Studies at Dartmouth College. Contributors to volume 2: Fredrik Bjorklund, James Blair, Paul Bloomfield, Fiery Cushman, Justin D'Arms, John Deigh, John Doris, Julia Driver, Ben Fraser, Gerd Gigerenzer, Michael Gill, Jonathan Haidt, Marc Hauser, Daniel Jacobson, Joshua Knobe, Brian Leiter, Don Loeb, Ron Mallon, Darcia Narvaez, Shaun Nichols, Alexandra Plakias, Jesse Prinz, Geoffrey Sayre-McCord, Russ Shafer-Landau, Walter Sinnott-Armstrong, Cass Sunstein, William Tolhurst, Liane Young. (shrink)

The results show that the Religious Courts play an important role in harmonising Islamic law with national development policies and international legal standards, particularly in the context of protecting the rights of women and children. However, challenges exist in harmonising interpretations of Islamic law with the principles of human rights and gender equality guaranteed by international conventions such as CEDAW. This research uses a qualitative approach with a case study method to analyse the relevance of Religious Court decisions related (...) to marriage to national development policies as well as their relationship to international law. Primary data was obtained through analysis of Religious Court decisions in several regions of Indonesia in the last five years covering marital issues such as divorce, polygamy, child custody, and division of joint property. Secondary data included national policy documents, such as the RPJMN, as well as international legal instruments such as CEDAW. This research identifies the need for progressive reforms in the Religious Courts system, including capacity building of judges in understanding international law, revision of the Compilation of Islamic Law, and strengthening co-operation between relevant institutions. The innovative contribution of this research lies in its in-depth analysis of how the Religious Courts can serve as a bridge between religious law, national development policy, and Indonesia's international obligations. (shrink)

Critical Legal Studies poses a direct and expressed challenge to the basic tenets of American legal education and scholarship. Critical Legal Studies postulates that law is not a scientific exercise involving the application of objective principles, but rather a creative process involving the selection of conflicting rules which has the effect of reinforcing the existing political order. In an effort to explain the contribution of Critical Legal Studies to argumentation theory, this essay briefly (...) discusses the role of legal reasoning in the American legal system, describes and critiques Legal Positivism, lays the intellectual foundation for Critical Legal Studies, and considers the implications that this conception of jurisprudence has for argumentation theory. (shrink)

The research dealt with the concept of the content of the contract and the impact of a comparative study with French legislation through the definition of the content of the contract in Iraqi law and in French law and then identify the penalty resulting from the breach of the content of the contract in terms of the penalty resulting from the failure of the condition of legality and the penalty resulting from the failure of contractual terms.

According to modern organizational theory, the growth of companies in developing nations is due to the coming together of public and private sector interorganizational networks and globalization. Within an open system and a very dynamic environment, a corporation cannot work autonomously. Here are the objectives of the study: The goals of this research are threefold: first, to learn how Thai SMEs expanded into BRICS countries; second, to find out what kinds of inter-organizational networks Thai SMEs relied on when going global; (...) and third, to give some advice to Thai SMEs that want to expand internationally in BRICS and to the Thai government on how to set up management networks that help with investment and internationalization. Documentary analysis of the database from the office of small and medium enterprise promotion and in-depth interviews were among the qualitative approaches employed in this study. This study examined 76 individuals from Thailand who were considered significant informants due to their extensive understanding of developing markets, namely those in the BRICS countries. A total of 63 executives responsible for overseeing their businesses' activities in the BRICS nations, together with 10 operational officers and 3 government officials, were chosen as key informants. In order to get trustworthy information for this study, the researcher used the triangulation method. Executives and government officials with operational responsibilities inside government agencies were interviewed in-depth, and their data was cross-referenced with that from pertinent papers. Thai SMEs were affected by the BRICS countries' political, legal, and socio-cultural frameworks, according to the study. Companies in the BRICS countries went global for three main reasons: to tap into untapped markets, to boost operational efficiency, and to secure access to critical resources. For Thai SMEs looking to grow their business in BRICS nations, the following factors were crucial to their success: 1) The network between different organizations; 2) the capacity to adjust to political and legal changes in BRICS countries; 3) non-formal ties; 4) the capability of local employees; 5) the appropriateness of the entrance method approach; and 6) knowledge gained from past mistakes. (shrink)

Critical legal studies is one of the most challenging developments in the contemporary study of law. Drawing heavily on the radical political culture of the period since the 1960s, critical legal studies assents the necessity of a politics of law - a politics which sees law, not as something apart, but as engaged in the multitude of arguments, battles and struggles which produce the human condition. Such a committment decisively rejects the dominant tradition of Anglo-American (...) class='Hi'>legal scholarship, the expository orthodoxy or, more crudely, the 'black-letter law' approach. The essays in this book provide the first wide ranging exploration of the aims and scope of critical legal studies in Britain. They draw on a diversity of intellectual traditions, including feminism, Marxism, critical theory and deconstruction and explore the implications of the critical approach for important areas such as property, contract, company, and labour law. (shrink)

This is a unique guide to one of the most exciting develpments within contemporary jurisprudence. It systematically applies a critical philosophy to the substance of common law, overviewing its politics and cultural significance.

This book presents and engages the world building capacity of legal theory through cultural legal studies of science and speculative fictions. In these studies, the contributors take seriously the legal world building of science and speculative fiction to reveal, animate and critique legal wisdom: juris-prudence. Following a common approach in cultural legal studies, the contributors engage directly, and in detail, with specific cultural 'texts', novels, television, films, and video games in order to (...) explore a range of possible legal futures. The book is organized in three sections: first, the contextualisation of science and speculative fiction as jurisprudence; second, the temporality of law and legal theory; and third, the analysis of specific science and speculative fictions. Throughout, the contributors reveal the way in which law as nomos builds normative universes through the narration of a future. This book will appeal to scholars and students with interests in legal theory, cultural legal studies, law and the humanities, and law and literature. (shrink)

The critical legal studies movement involves a group of scholars who have political views ranging from disaffected liberalism to committed marxism to utopian anarchism. This movement in the field of jurisprudence has arisen aver the past ten years and hopes to influence a radical change in what they view as liberal orthodox legal theory. Topics of discussion include the intellectual foundations of the CLS movement, its principles and aims, its critique of the legal doctrine and ideas (...) for change. (shrink)

The studies of politics and law are closely related in that both deal with the use of coercive power in society, yet the two disciplines are often curiously isolated from each other. Political theorists are rarely concerned with the specific content and application of the legislation which they regard as one of the main outputs of a political system, while legal academics are, traditionally at least, noted for their general indifference to the political and economic context of the (...) rules and they seek to explain and systemize. (shrink)

This volume surveys the current state of the critical Legal Studies movement- a fifteen year old initiative whose proponents are committed to building a strong progrsseve community inside law schools and the legal profession. In his introduciton, Boyle argues that CLS has succeeded because it analyzes the inadequacies of rights talk, technocracy, and law and economics, and because it connects theory with the everyday experiences of lawyers and legal scholars. Articles present the CLS perspective on (...) class='Hi'>legal reasoning, legal hisory, substantive law, legal practice, and social theory. (shrink)

This chapter contains sections titled: Critical Legal Studies as Analytic Jurisprudence: The Critique of Liberal Rights Theory Critical Legal Studies as Social Theory Conclusion References.

This timely Research Handbook offers significant insights into an understudied subject, bringing together a broad range of socio-legal studies of medicine to help answer complex and interdisciplinary questions about global health - a major challenge of our time. Interdisciplinary chapters explore both how the terrain of medicine can generate new questions about law, regulation and the state, and how the law intersects with health and medicine at every level. Bringing together leading international scholars, the Research Handbook assembles concrete (...) case studies to suggest avenues for further research on socio-legal inquiries, such as the construction of disorders by law, the reparation of injuries, and how race and gender impact justice. The Research Handbook for Socio-Legal Studies of Medicine and Health will be an inspiring read for researchers, academics and graduate students in the fields of health law, socio-legal studies, and gender and sexuality. (shrink)

This article explores medical responsibility and negligence from an ethical and legal perspective within the Colombian context. It highlights causes of negligence such as deficiencies in professional training and organizational problems. The article emphasizes "objective imputation as key to determining the criminal responsibility of the physician" (Alvarado D. 2019). The objectives include analyzing the current legal framework in Colombia and assessing the link between medical ethics and legal responsibility. The methodology builds upon a thorough examination of specialized (...) literature, including peer-reviewed scientific articles in medicine and law, as well as legal documents and ethical regulations. A targeted search was conducted across various bibliographic databases including Google Scholar, Redalyc, Scielo, Dialnet, Biomed Central, Miguel De Cervantes Virtual Library, and BVS virtual health library. (shrink)

The aim of this research is to extract the Shariah principles from the verses in which the Qur'an addressed the Children of Israel with the phrase: "O Children of Israel." Although the Qur'anic discourse was originally directed at the Children of Israel, but it also addresses Muslims indirectly, as its mention in the Holy Qur'an is for reflection and admonition, as well as for deriving legal principles and rulings. Therefore, the objective of this research is to enlighten Muslims about (...) the Shariah principles derived from the Qur'anic discourse directed at the Children of Israel, to benefit them in their practical lives. The research focuses on two specific types of principles: doctrinal and ethical. (shrink)

This brief essay describes what critical legal scholars said – or perhaps more accurately – would have said – about the concept of the rule of law. Describing critical legal studies as a project in American legal thought rather than analytical jurisprudence, it argues that “the rule of law” is an ideological project, and can come in various versions – liberal, social democratic, and more. It addresses Morton Horwitz’s critique of E.P. Thompson’s assertion that the rule (...) of law is an unqualified human good, and situates the CLS critique of the rule of law within more general discussion of the rule of law by Hayek and Fuller. It concludes by applying ideology-critique to the rule of law, arguing that in whatever form it takes the rule of law contributes to a culture of justification, which may indeed be an unqualified human good. (shrink)

This paper undertakes a comparative legal study to analyze the challenges of privacy and personal data protection posed by Artificial Intelligence embedded in Robots, and to offer policy suggestions. After identifying the benefits from various AI usages and the risks posed by AI-related technologies, I then analyze legal frameworks and relevant discussions in the EU, USA, Canada, and Japan, and further consider the efforts of Privacy by Design originating in Ontario, Canada. While various AI usages provide great convenience, (...) many issues, including profiling, discriminatory decisions, lack of transparency, and impeding consent, have emerged. The unpredictability arising from the AI machine learning function poses further difficulties, which have only been partially addressed by legal frameworks in the aforementioned jurisdictions. However, analyzing the relevant discussions yielded several suggestions. The first priority is adopting PbD as the most flexible, soft-legal, and preferable approach toward AI-oriented issues. Implementing PbD will protect individual privacy and personal data without specific efforts, and achieve both the development of AI and the advancement of privacy and personal data protection. Technical measures that can adapt to an individual’s dynamic choices according to the “context” should be further developed. Furthermore, alternative technical measures, including those to solve the “algorithmic black box” or achieve differential privacy, warrant thorough examination. If AI surpasses human intelligence, a terminating function, such as a “kill switch” will be the last resort to preserve individual choice. Despite numerous difficulties, we must prepare for the coming AI-prevalent society by taking a flexible approach. (shrink)

In this first book-length liberal reply to CLS, Andrew Altman systematically examines the philosophical underpinnings of the CLS movement and exposes the deficiencies in the major lines of the CLS argument against liberalism.