To ask this famous question in 2017 under the threat of an imminent global catastrophe is to invite a host of very tricky interlocking questions, not the least of which is whether a rescue could be effected in the short time that we seem to have available. This is apart from the worry whether a sufficiently determined collective will would be able to effect the changes in thinking that are needed. Then again, the impending environmental crisis, which is generally referred (...) to as anthropogenic `climate change,' may be but one of many symptoms of a civilization that is passing through the last stages of its finite time on Earth. (shrink)

Modeling law search and retrieval as prediction problems has recently emerged as a predominant approach in law intelligence. Focusing on the law article retrieval task, we present a deep learning framework named LamBERTa, which is designed for civil-law codes, and specifically trained on the Italian civil code. To our knowledge, this is the first study proposing an advanced approach to law article prediction for the Italian legal system based on a BERT (Bidirectional Encoder Representations from Transformers) learning (...) framework, which has recently attracted increased attention among deep learning approaches, showing outstanding effectiveness in several natural language processing and learning tasks. We define LamBERTa models by fine-tuning an Italian pre-trained BERT on the Italian civil code or its portions, for law article retrieval as a classification task. One key aspect of our LamBERTa framework is that we conceived it to address an extreme classification scenario, which is characterized by a high number of classes, the few-shot learning problem, and the lack of test query benchmarks for Italian legal prediction tasks. To solve such issues, we define different methods for the unsupervised labeling of the law articles, which can in principle be applied to any law article code system. We provide insights into the explainability and interpretability of our LamBERTa models, and we present an extensive experimental analysis over query sets of different type, for single-label as well as multi-label evaluation tasks. Empirical evidence has shown the effectiveness of LamBERTa, and also its superiority against widely used deep-learning text classifiers and a few-shot learner conceived for an attribute-aware prediction task. (shrink)

The article outlines some aspects of the civil law in Lithuania, an Eastern European country, which underwent an essential transformation in the last decades. The author outlines the development of the Lithuanian civil law from the oldest written sources up to the adoption of the new Civil Code of the Republic of Lithuania in 2000. The author is critical about the denomination of Lithuania as a “new” state and draws attention to the history of Lithuanian law, (...) which spans hundreds of years. The article emphasizes the continuity of the legal tradition and the heterogeneity of law – the coexisting of several legal systems in the territory of one state. The article discusses the role of Roman Law in the legal system of Lithuania. Even though Roman Law has never been applied in Lithuania, the author argues that it nevertheless had an indirect influence on Lithuanian private law. Roman Law and Canonical Law were among the main sources while drafting the three codified acts, the Statutes of Lithuania, in 1529, 1566 and 1588. The knowledge of Roman Law acquired by lawyers at universities in other European countries was transmitted through drafting of the laws and the jurisdictional and administrative practices. (shrink)

This article speaks of a debate in contemporary India: that surrounding the validity of enacting a civil code that applies uniformly to all communities and religions in the state. In certain feminist arguments, such a code is seen as possibly providing a sphere of rights to Indian women that is alternative to the rights – or wrongs – given to them by the plural religious laws, which form the basis of the civil law in India. India, (...) however, is a heterogeneous polity, encompassing a diversity of cultures and religions, some dominant and others forming minorities. Given these differences, some critics see the feminist call for a Uniform Civil Code as an essentialist move that prioritises gender over other agendas and politics. They argue that the site of the ‚universal’ in this feminist move is a liberal site that inherently excludes marginalised Others and benefits the dominant subjects in India. In my article, I contest this critique and question whether the site of the universal and its authorial subject in postcolonial India is, in fact, an exclusionary liberal ruse of power. I draw insights from the history of the formation of the postcolonial nation-state in India to posit an experience of the state and the universal within it, which is alternative to the Western liberal model. The aim of this article is, therefore, not so much to debate the in/validity of a Uniform Civil Code, as to address certain contemporary post-structuralist critiques of the site of the universal in postcolonial India and posit a departure from them, based on perspectives drawn from history. (shrink)

The present paper—taking the example of the English translation of the Hungarian Civil Code of 2013—aims to give an overview on the legal and terminology-related challenges and pitfalls that might occur during the process of translating a civil code with civil law traditions into the language of the common law world. An attempt is made to categorise terminology-related conceptual problems and elaborate how the different types of translation methods could be applied; moreover, how a kind (...) of legal-linguistic checks-and-balances can be achieved through the well-dosed combination, having also the ratio of similarities to differences of legal concepts behind the respective terms in mind. Legal translators must act beyond the role of a simple translator: they must be comparatists, being aware of the legal origin of the relevant concepts and using the methods of comparative private law and translation studies at the same time, since both law and language are system-bound and are heavily influenced by the cultural and social environment. The authors strive to identify the significance of those problems from the perspective of how language-related aspects can perform some fine-tuning on the comparative methodology and findings, whether they are barriers only or provide also an opportunity to verify or refute prima facie comparative results. Comparative law—no doubt—supports legal translation, but their relationship is reciprocal: legal-linguistic subjects and problems emerging in the course of legal translation supply valuable feedback and further sources of inspiration. (shrink)

Transformations in the biological, medical and legal processes of infertility, substantial modifications in family structure and the advancement of methods and techniques of reproductive technology will affect the next step in both legal and medical terms to address the regulation of bioethics and law in Kosovo. There is a need to establish perspectives in both ethical and professional terms, since the Republic of Kosovo is in the process of drafting a Civil Code. Many of these issues have been (...) raised and addressed during the review and evaluation of family law in the context of harmonisation and inclusion of this law in the Civil Code of the Republic of Kosovo. During the several meetings of official members with different interest groups regarding family law, the need has been raised to regulate family law to be included in the Civil Code for motherhood and fatherhood in the case of reproduction with biomedical assistance, as well as for the birth contract as a donation for another person (so-called surrogate motherhood). These bioethical and legal issues indicate the urgent need for legal harmonisation of a multidimensional platform specifically based on the principles of public health and universal human rights Conclusion. These bio-ethical and legal interferences indicate the urgent need for legal harmonization of a multidimensional platform specifically designed based on the principles of public health and universal human rights. (shrink)

With reference to the Dutch model, which has been adopted by the Lithuanian Civil Code, the possibility to renounce Investigation Proceedings in the Articles of Incorporation or shareholder agreements is analysed in this article. The mandatory nature of the Investigation Proceedings is derived from the provisions of the Code, mainly: from an active role of the court, typical to the cases with the element of public interest, from specific rules for protecting the public interest in the course (...) of the Investigation Proceedings, also taking into account statutory duties of managers, the scope of which may not be narrowed by SHA, and the fact, that the Investigation Proceedings is generally designated to be an instrument to safeguard the interests of minority shareholders against the abuse of their rights by the company, and, finally, acknowledging the extraordinary nature of remedies available in the Investigation Proceedings. (shrink)

The preface to the French Civil Code of 1804 announced a New Order based on Right Reason and the political-legal values of the French Revolution, in an attempt to replace the role which churches had traditionally played in the morality of society. Moreover, the new civil law was presented as a substitute for moral law and religion with the aim of taking their place in that burgeoning society. One-dimensional law came into being in order to regulate all (...) aspects of life and was ultimately to do away with the sin/crime dichotomy..Key words: Law, religión, sin, crime. (shrink)

This paper is the first to critically analyse how the newly enacted Chinese Civil Code addresses gender equality in the intersection of family and commercial contracting. It proposes ‘marriage transmitted debt’ (MTD) in China as a new concept as opposed to ‘sexually transmitted debt’ (STD) documented in English and Australian jurisprudence. MTD refers to the debt incurred by one spouse but transmitted to the other spouse due to the status of the marriage. Supported by empirical statistics, it shows (...) that while the statutory language of MTD regulation in China is neutral, wives are still disadvantaged. Although this has been partly addressed by shifting the onus of proof to creditors, the meaning of debt incurred for the daily life of a family or the joint life of the couple in the Code needs further judicial development. The Code is the beginning of a solution rather than the end to achieving gender equality in China. (shrink)

On 30 June 2005, the Spanish Parliament approved Law 13/2005, which amends the Civil Code to permit same-sex marriage. This formal equality measure put Spain in the spotlight of the international media. It is the culmination of a series of developments spanning from the last years of the Franco regime (which ended in 1975), through the enactment of anti-discrimination measures in 1995, to the recent fight for kinship recognition. It also follows a recent shift, from 1998 to 2005, (...) towards the enactment of same-sex partnership laws at regional level, the approval of same-sex marriage and finally, the approval of a ‹gender identity law’ (2007). This legislative note assesses the context in which the new law on same-sex marriage has been enacted. I argue that although same-sex marriage has been represented by many activists and politicians in Spain as a gender neutral contract, it has the potential for differential impacts on lesbians and gay men, and further research and debates are needed in this area. (shrink)

In 2021, a second updated edition of Eschig’s and Pircher-Eschig’s translation of the Austrian Civil Code (ABGB) (Allgemeines bürgerliches Gesetzbuch für die gesammten deutschen Erbländer der Oesterreichischen Monarchie (ABGB 1811). (as amended), 2023) was released. This edition holds particular relevance due to its potential applicability across a spectrum of players operating at the intersection of language and (civil) law, including legal professionals, the hospitality industry, and mediators. We find that this comprehensive translation may not only serve as (...) a valuable resource for (legal) practice but also holds significance for research in diverse fields, including (applied) legal linguistics, lexicography, translation studies, and comparative law. Moreover, this translation alleviates the challenges faced by practitioners inside and outside of law when dealing with legal concepts and lexis, along with their interdependencies in continental civil law discourse. We suggest that the work is particularly useful for legal departments of international companies, but also for hotel chains and/or mediation offices, seeking insights into the specifics of the Austrian legal-linguistic landscape. While computer-assisted translation and machine translation cannot be denied their utility, they should not be seen as capable of entirely replacing human expertise. Indeed, machine translations may not be able to capture the subtle multi-faceted interplay of emerging legal, linguistic, and/or cultural contexts when dealing with the legal concepts and interrelated terminology of the ABGB. In conclusion, we acknowledge the significance of high-quality legal translations, as the one under review, that have been thoroughly reviewed by human experts, thus contributing to saving time and resources. (shrink)

The French Code civil , including the tradition of legal practice and scholarship it stands for, is the child of two parents: Enlightenment and Restoration. They came together in the person of Jean Etienne Marie Portalis (1746-1807), who was the main drafter of the code under Napoleon. I want to investigate which line of philosophical argument he followed in uniting the two and critically assess the value of this argumentation. In section 1 I briefly sketch the codification (...) of civil law in the (post-)revolutionary setting of the time, as well as Portalis’ philosophical background. Section 2 turns to the principled and wide-ranging discourse he delivered at the occasion of the formal presentation of the draft civil code to the legislature. This discourse, in turn, found its deeper roots in an extensive treatise that he wrote prior to the former, on the use and abuse of reason in times of Enlightenment (Section 3). I will focus, in particular, on the twin concepts of knowledge (section 4) and nature (section 5) in this treatise. From this vantage point, section 6 analyzes the eclectic way in which Portalis uses his philosophical godfathers Montesquieu and Rousseau, while section 7 shows why his preoccupation with the protection of established property rights can explain such eclecticism. Section 8 takes stock and submits that at least one of Portalis’ arguments presents a real challenge to Enlightenment philosophy up until the present day. (shrink)

A recent parliamentary postulate in Switzerland calling for joint custody as the legal norm argues that fathers are discriminated against in Swiss divorce law. This postulate has incited a debate which circles around issues of equality, the role of fathers and mothers, and the good of the child. Our article, uniting approaches from literature, cultural studies, and science and technology studies, examines the arguments sparked by the debate with a view to different takes on gender and family. In doing so, (...) it traces the roots of contemporary Swiss family law in the Rousseauian narrative of family life in Emile ou de l’education; it explores the manner in which scientific knowledge is marshaled to lend political legitimacy to current debate; and it asks finally how narrative bridges the gap between public discourse and lived experience. (shrink)

Analysts of political culture within the "civil religion" tradition have generally assumed that discourse in civil society is structured by a single set of enduring codes based on liberal traditions that actors draw upon to resolve crises. Based on two case studies of national crises and debate in Brazil during its transition to democracy, I challenge this assumption by demonstrating that not only do actors draw upon two distinct but interrelated codes, they actively seek to impose one or (...) another as dominant. In Brazil this is manifest in actors who defend elements from the code of liberty and its valuation of the freestanding citizen, and those who defend the corporate code and its valuation of the collectivity over the individual. In an earlier debate on crime the corporate code was dominant, but in a later debate surrounding presidential improprieties, the liberal code became dominant. This analysis makes two contributions to the literature: it highlights the importance of nonindividualist cultural codes, such as the corporate code, in animating discourse in the public sphere in democratizing societies, raising attention to the importance of the symbolic contestation between actors seeking to establish one or another code during political transitions. Second, it offers a subtle commentary on the literature on democratization: changes in collective representations in the public sphere may not proceed apace of institutional changes and may be contingent on the kinds of crisis events and actors willing to contest previously dominant codes. (shrink)

Scholars have established that cultural codes and styles of expression in civil society must be recognized as informal mechanisms of exclusion, calling into question the possibility of the Habermasian normative ideal of the public sphere. This article joins theoretical discussions of how to remedy this problem. Going beyond Alexander's model of "multicultural incorporation" and borrowing from Sewell's theory of the duality of structure, we develop a theoretical framework of code hybridization to conceptualize how civil society participants achieve (...) civil solidarity amid multiple, potentially contradictory cultural legacies. Code hybridization is a process whereby social actors not only incorporate the cultural codes of subordinate groups into the public sphere, but in doing so also potentially transform dominant codes. We conceptualize code hybridization in terms of three analytic steps: enlargement of the terrains of signification; reinterpretation of codes; and mixing of schemas. The resulting hybridized schemas and frameworks are particularly useful cultural tools for developing visions of civil inclusiveness for young, unstable civil societies. Using a brief comparative study of the representation of women in political cartoons in Hong Kong and Taiwan, we offer a concrete example of code hybridization—a process linking the codes of liberty and caring while producing alternative and more inclusive narratives during moments of political agitation. (shrink)

La législation de l’an II (1793-1794) qui pendant quelques brèves années va permettre d’égaliser les droits des enfants naturels et des enfants légitimes, a des effets inattendus et durables sur notre droit. Loin de faire le lit de l’égalité entre tous les enfants, elle organise une extension des droits sans obligation nouvelle de leurs pères, au détriment des mères non mariées et de leurs enfants non désirés et non reconnus. La Révolution maintient la puissance du patriarcat jusque dans son droit (...) le plus individualiste et prépare son institutionnalisation par le Code civil. (shrink)

Since 11 September 2001 and the anthrax attacks that followed in the US, public and policy concerns about the security threats posed by biological weapons have increased significantly. With this has come an expansion of those activities in civil society deemed as potential sites for applying security controls. This paper examines the assumptions and implications of national and international efforts in one such area: how a balance or integration can take place between security and openness in civilian biomedical research (...) through devising professional codes of conduct for scientists. Future attempts to establish such codes must find a way of reconciling or at least addressing dilemmatic and tension-ridden issues about the appropriateness of research; a topic that raises fundamental questions about the position of science within society. (shrink)

Le Code civil français, premier code libéral et bourgeois d’Europe, passe, en raison de sa clarté systématique et de sa langue, pour un modèle de législation moderne. En outre, il eut une influence durable parce qu’il est resté en vigueur dans de nombreux pays d’Europe après la fin des conquêtes napoléoniennes. Pourtant, en comparaison avec d’autres codifications européennes et avec le droit coutumier de son temps, le Code français se caractérise, dans le droit conjugal et familial, (...) par des règles particulièrement rigides consolidant la domination masculine. L’article propose une analyse comparée de certains aspects du droit civil qui ont eu et ont encore un impact considérable sur la vie des femmes et sur l’histoire des mouvements féministes. Il se demande pourquoi les Françaises, qui se sont fait entendre plus tôt que d’autres dans leur lutte pour les droits des femmes qu’elles revendiquaient comme des droits humains, ont paradoxalement obtenu la reconnaissance de leur égale citoyenneté relativement tard (en 1944 seulement) par rapport aux autres pays européens. (shrink)

When he gave his first political work the title The Elements of Law Natural and Politic, Hobbes signalled an agenda to revise and incorporate continental Roman and Natural Law traditions for use in Great Britain, and from first to last he remained faithful to this agenda, which it took his entire corpus to complete. The success of his project is registered in the impact Hobbes had upon the continental legal system in turn, specific aspects of his theory, as for instance (...) the right to punish, entering the European civil code through Pufendorf, and remaining to this day. This is a topic of considerable importance at a time at which the UK is considering scrapping the European Union, with all the attendant the legal ramifications. But strangely, despite some acknowledgement of Hobbes’s contribution to European civil law, and specifically the German civil code, the larger legal context for his thought has not thus far been systematically addressed. -/- Key words: Hobbes, civil law, common law, jurisprudence, ‘artificial reason’, natural law, sovereignty,. (shrink)

The Code for Global Ethics: Ten Humanist Principles By Dr Rodrigue Tremblay Prometheus Books -/- The world faces a crisis of civilization, which is in reality a moral crisis. The modern moral worldview that has evolved since the 18th Century Age of Enlightenment seems to be weathering. There is a recrudescence of the old moral formulas that encourage conflicts and wars. Humanity is in need of a new moral revival, free of sectarian references, in order to pursue its long (...) march for survival in a climate of progress and liberty. -/- The Code for Global Ethics proposes an imperative and more explicitly universal code of rights and obligations for all individuals, whether they be ordinary citizens or leaders of countries, of corporations, or religious organizations. It outlines the principles of rational humanism to be applied within the global context of a shrinking and a politically and economically interdependent world. Such a universal and global code of conduct is then compared to alternative moral codes—codes usually based on sectarian religious systems—with a demonstration of why such narrow or ethnically centered moral systems have failed humanity in the past. In our view, humanism is about idealism, compassion, and mutual tolerance, in a true spirit of humanity. It is a truly universal vision of humankind. http://www.amazon.com/The-Code-Global-Ethics-Principles/dp/1616141727/ref=pd_sim_sbs_b_3 -/- . (shrink)

**" CHAPTER * HUMAN NATURE In May, at the time when the French Civil Code was being drafted, one of the orators of the Tribunat, in seeking to justify the ...

The subject of the study is the purpose of man through the prism of the oldest occupation – hunting. The role of hunting in the development of human culture and the construction of its interaction with space is poorly spelled out by modern historians. In philosophical works, the discourse of the "hunting man" is presented as a form of violence, aggression, territorial expansion and cruelty towards oneself and nature. The lack of an adequate cultural conceptualization of hunting, its removal from (...) the framework of civilizational and cultural factors is also due to the new movement in defense of animal rights, which generally blocks conversations about hunting. Meanwhile, bringing this topic to the public forum is necessary precisely due to the fact that against the background of the decline of commercial hunting, other forms of it are flourishing, which also need to be discussed and evaluated. The authors put forward the thesis that the development of the hunting theme will allow a deeper understanding of the features of the relationship between a person and a territory, its features of its existence in socio-biological space and time. It should be recognized as a property of a living being to counteract another living being. However, not only in humans, but also in animals, there are examples of altruism and caring for the younger generations. Therefore, the origins of aggressiveness and the desire of civilized people to use such an extreme form of recreation as modern hunting becomes should be sought in the device of the artificial environment in which modern man is formed. The condition for solving this problem is a philosophical analysis of norms and codes of behavior that determine the codification of the ultimate grounds and drivers of hunting, as well as the synthesis of human rights and animal rights to preserve the biospheric integrity of the planet Earth. (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)

Civility is an essential feature of health care, as it is in so many other areas of human interaction. The article examines the meaning of civility, reviews its origins, and provides reasons for its moral significance in health care. It describes common types of uncivil behavior by health care professionals, patients, and visitors in hospitals and other health care settings, and it suggests strategies to prevent and respond to uncivil behavior, including institutional codes of conduct and disciplinary procedures. The article (...) concludes that uncivil behavior toward health care professionals, patients, and others subverts the moral goals of health care and is therefore unacceptable. Civility is a basic professional duty that health care professionals should embrace, model, and teach. (shrink)

State and civil society -- Empire without state -- Politics of life -- Saint Foucault -- Blood-dried codes -- The state of immanence -- Virtual state-making -- When society prevails -- Political and economic theology -- Foucault's apologia of neoliberalism.