The article discusses the uncertainty of legal definitions of aviation safety and and aviation security, the implementation of which often result in certain restrictions of human rights. In the article, a hypothesis is made that, despite usually treated as well-known concepts, safety and security are not so clear and well-defined, often leaving the reader to guess at their precise meaning. The aim of this article is to identify the core features that characterise aviation safety and aviation security and could disclose (...) their legal content when assessing their comparative weight in relation to the protection of human rights. Supported by holistic approach from different perspectives (socio-cultural, historical, etc.), the phenomenological and hermeneutic analysis allowed providing an in-depth understanding of various meanings of safety and security concepts. An overview of the existing linguistic peculiarities of the use of the terms ‘safety’ and ‘security’ with an emphasis on the importance of determining the context in which they are used as primary evidence of their meaning is followed by the analysis of the common features and differences between the concepts of safety and security that supplements the discourse on the dilemma of combining subjective and objective, relative and absolute perceptions of safety and security. The research from the view point of normative jurisprudence reveals the polysemy inherent in aviation safety and aviation security, especially in terms of the values they represent, suggesting the conclusion that legal definitions of ‘aviation safety’ and ‘aviation security’ should in part be treated as a sort of ad hoc definitions, which have to be developed (clarified) in each particular case. (shrink)

Some individuals facing dementia contemplate hastening their own death: weighing the possibility of living longer with dementia against the alternative of dying sooner but avoiding the later stages of cognitive and functional impairment. This weighing resonates with an ethical and legal consensus in the United States that individuals can voluntarily choose to forgo life‐sustaining interventions and also that medical professionals can support these choices even when they will result in an earlier death. For these reasons, whether and how a terminally (...) ill individual can choose to control the timing of their death is a topic that cannot be avoided when considering the dementia trajectory. With a focus on the U.S. context, this landscape review considers the status of provisions that would legally permit people facing dementia to hasten death with appropriate support from medical professionals. This review can be used to plan and guide clinical and legal practitioner discussion and policy development concerning evolving questions not fully covered by existing medical decision‐making provisions. (shrink)

There are two Habsburg empires in our minds: One – that of Stefan Zweig and Joseph Roth – evokes melancholy and a sense of loss, a yearning not for simpler but perhaps more colourful, less exacting...

Philosophical Issues, Volume 31, Issue 1, Page 85-103, October 2021.

In the study of special languages and translation, the legal field is often insulated from other domains. This is primarily due to the extreme system dependence of the terminology of law, which results from a lack of a common legal system of reference throughout the world. The abstract nature of this human-made field and its dynamicity in view of the continuously evolving case law and constant changes in legislation make it difficult to illustrate its complex ontology through traditional terminology management (...) techniques. Therefore, this paper argues for an interdisciplinary approach to constructing the ontology of legal concepts based on structural constituents from frame semantics and comparative law. Frames allowing for the representation of interconnected knowledge segments evoked by legal concepts and the distinction between micro- and macro-dimensions in legal comparison research make it possible to capture the complex ontology of legal terminology evoked in a specific point in time and a determined legal context. The ontological knowledge structure will be exemplified by terms from German social, commercial, employment, and tax law. (shrink)

Advances in neuroscience and other disciplines are producing large-scale brain data consisting of datasets from multiple organisms, disciplines, and jurisdictions in different formats. However, due to the lack of an international data governance framework brain data is currently being produced under various contextual ethical and legal principles which may influence key stakeholders involved in the generation, collection, processing and sharing of brain data thereby raising ethical and legal challenges. In addition, despite the demand for a brain data governance framework that (...) accounts for culture, there is a gap in empirical research and actions to understand how key stakeholders around the world view these issues using neuroscientists who are affected by these ethical and legal principles. Therefore, using the research question how do ethical and legal principles influence data governance in neuroscience? we attempt to understand the perceptions of key actors on the principles, issues and concerns that can arise from brain data research. We carried out interviews with 21 leading international neuroscientists. The analytical insights revealed key ethical and legal principles, areas of convergence, visibility, and the contextual issues and concerns that arise in brain data research around these principles. These issues and concerns circulate around intimately connected areas which include ethics, human rights, regulations, policies and guidelines, and participatory governance. Also, key contextual insights around animal research and ethics were identified. The research identifies key principles, issues, and concerns that need to be addressed in advancing the development of a framework for global brain data governance. By presenting contextual insights from neuroscientists across regions, the study contributes to informing discussions and shaping policies aimed at promoting responsible and ethical practices in brain data research. The research answers the call for a cross cultural study of global brain data governance and the results of the study will assist in understanding the issues and concerns that arise in brain data governance. (shrink)

Resumen: Este artículo explora los cambios en el entorno legal cambiante y la estructura social de la sociedad de la meseta Qinghai - Tíbet, la dinámica social y cultural reflejada en el declive, renacimiento y mutación de la poligamia, enfatiza el papel de la mujer en ella y espera con interés el desarrollo futuro de la poligamia en la meseta Qinghai - Tíbet. La exploración y práctica de este artículo es una nueva conceptualización de estudios anteriores sobre el poder de (...) género y la Condición Jurídica y Social de la mujer. La existencia y continuación de la poligamia refuta la comprensión mecánica de la subordinación general de las mujeres desde una perspectiva intercultural, y las características dinámicas, sistemáticas y simbólicas de los roles y estatus de las mujeres en el matrimonio poligámico en la meseta Qinghai - Tíbet verifican la predicción de la tendencia de la investigación sobre el estatus de las mujeres. La preocupación por el papel y la posición de las mujeres en las familias polígamas intenta confirmar la complejidad del poder de género y la posición de las mujeres en la sociedad. Tanto la innovación del pensamiento teórico como la exploración del camino de investigación son para ir más allá en la exploración de problemas similares. Aunque es imposible agotar todos los problemas posibles, la atención y exploración de los grupos de mujeres en el sistema de matrimonio polígamo en este artículo enriquece la visión de los estudios anteriores sobre la Condición Jurídica y Social de la mujer, pero también plantea cuestiones por explorar. (shrink)

This paper presents the first dataset for Japanese Legal Judgment Prediction (LJP), the Japanese Tort-case Dataset (JTD), which features two tasks: tort prediction and its rationale extraction. The rationale extraction task identifies the court’s accepting arguments from alleged arguments by plaintiffs and defendants, which is a novel task in the field. JTD is constructed based on annotated 3477 Japanese Civil Code judgments by 41 legal experts, resulting in 7978 instances with 59,697 of their alleged arguments from the involved parties. Our (...) baseline experiments show the feasibility of the proposed two tasks, and our error analysis by legal experts identifies sources of errors and suggests future directions of the LJP research. (shrink)

This chapter contains section titled: The Obligation‐to‐Obey‐the‐Law What the Law Claims Matters of Form References Further Reading.

PrécisThe administration of Pre-Mortem Interventions (PMIs) to preserve the opportunity to donate, to assess the eligibility to donate, or to optimize the outcomes of donation and transplantation are controversial as they offer no direct medical benefit and include at least the possibility of harm to the still-living patient. In this article, we describe the legal analysis surrounding consent to PMIs, drawing on existing legal commentary and identifying key legal problems. We provide an overview of the approaches in several jurisdictions that (...) have chosen to explicitly address PMIs within codified law. We then provide, as an example, a detailed exploration of how PMIs are likely to be addressed in one jurisdiction where general medical consent law applies because there is no specific legislation addressing PMIs — the province of Ontario in Canada. (shrink)

Administraation of antiretroviral therapy to women during pregnancy, labor and delivery, and to infants postnatally can dramatidy reduce mother-to- child HIV transmission. However, pregnant women need to know that they are HIV-infected to take advantage of antiretroviral therapy, and many women do not know their HIV status. One-half of HIV-infected infants in the United States were bornto women who had not been tested for HIV or for whom the time of testing was not known. Although fewer than 400infants are infected (...) perinatally in the United States each year, that number could be reduced even further through policies aimed at HIV testing during pregnancy.The reasons toadopt such a policy are strong: the pathophysiology of perinatal transmission is clear, prophylaxis is effective and safe, and the intended beneficiaries of the intervention - babies - cannot protect themselves. (shrink)

In most traditions, the law is founded upon some extralegal view of morality. There are only a handful of cases prior to the 1970s that involved patenting nonhuman organisms. John Moore made several claims, but the one of most interest to us here was a claim for conversion, which means the unlawful use of another person's property for the enrichment of the person using the thing unlawfully. The cell line produced from Moore's spleen cells was eventually patented by the defendants. (...) The potential market for products relating to that patent was estimated to be roughly $3 billion US dollars. The move from patenting hybridized plants, to genetically altered microorganisms, to human tissues and genes reflected the epitome of the fabled slippery slope. There is clearly a gap between our intuitions about the relations between our individual genomes, our identities, perceptions of privacy and personal autonomy, and the law. (shrink)

This chapter contains sections titled: The Role of the Law Autonomy and Property Early Cases on Microorganisms and Animals: The Slope toward Human Patents Patenting Animals Renting Your Spleen? The Move to Human Gene Patents Patenting Diseases Catalona and Beyond What's so Strange about the Law of Bodies and Tissues? The Law of Personal Identity Reconciling the Law with Reality.

Administraation of antiretroviral therapy to women during pregnancy, labor and delivery, and to infants postnatally can dramatidy reduce mother-to- child HIV transmission. However, pregnant women need to know that they are HIV-infected to take advantage of antiretroviral therapy, and many women do not know their HIV status. One-half of HIV-infected infants in the United States were bornto women who had not been tested for HIV or for whom the time of testing was not known. Although fewer than 400infants are infected (...) perinatally in the United States each year, that number could be reduced even further through policies aimed at HIV testing during pregnancy.The reasons toadopt such a policy are strong: the pathophysiology of perinatal transmission is clear, prophylaxis is effective and safe, and the intended beneficiaries of the intervention - babies - cannot protect themselves. (shrink)

Name der Zeitschrift: Studies in Logic, Grammar and Rhetoric Jahrgang: 45 Heft: 1 Seiten: 253-263.

Anglo-American general jurisprudence remains preoccupied with the relationship of legality to morality. This has especially been so in the re-reading of Lon Fuller’s theory of an implied morality in any law. More often than not, Fuller has been said to distinguish between the identity of a discrete rule and something called ‘morality’. In this reading of Fuller, however, insufficient attention to what is signified by ‘morality’. Such an implied morality has been understood in terms of deontological duties, the Good life, (...) naturalism, and subjectively posited values. Each of these interpretations has a shared common denominator: namely, the distinction between ‘is’ and ‘ought’, ‘facts’ and ‘values’. Legality is said to be nested in an ‘is’ world. An ‘is’ cannot be derived from an ‘ought’. This essay aims to press this distinction further. Fuller, I intend to argue, does indeed accept the is/ought distinction as have his commentators. The associations of the ‘oughts’ with deontological duties, the Good life, naturalism and subjective values, however, have been misdirected. This has been so because Fuller presupposed that legality was a matter of a spatial structure. Non-law was situated outside the structure. If a legislator or judge considered matters outside the structure as if they were binding upon jurists and, for that matter, upon members of the legal structure, the law was not binding. The crucial incident of the structure was the boundary of the structure. Fuller’s structuralist theory of law offers the opportunity to better understand what he signified by ‘the internal morality of law’. I shall privilege several elements of his theory: the relation of legal units to a structure, the nature of a structure, the constituents of a structure (territorial space, its pillars and its matter); the forms of the legal structure; the centrifugal and centripetal structures, the structure and traditional theories of morality, the role of the legal official in a structure, and why the internal knowledge in the structure is binding. Fuller especially privileged two features of a legal structure. The one was the boundary of the structure. The second concerned the exteriority of the boundary. Both features presupposed a territorial sense view of legal knowledge. The legal mind analysed any social problem through the map of such a sense of legal space. By concentrating upon the discrete rule in isolation of the implied structural boundary to which the rule referred, commentators have attributed been misdirected in their analyses of Fuller’s theory of law and morality. My argument in this respect will proceed as follows. In order to clarify Fuller’s senses of the morality of law, I shall first outline what he means by a ‘structure’. Second, how is the structure related to legal knowledge? Third, what are the various forms of the structure? Fourth, is the structure centrifugal or centripetal? And finally, why is the structure binding? (shrink)