This study investigates how diverse European legal systems and financial structures influence corporate social and environmental responsibility. The argument is developed by means of a framework that integrates legal systems and financial structures. Hypotheses relating to environmental responsibility have been tested using Innovest data gathered between 2002 and 2007 from 645 companies in 16 countries; and hypotheses relating to social responsibility have been tested using Innovest data gathered between 2004 and 2007 from 600 companies. The (...) findings demonstrate that legal systems influence corporate responsibility (CR) in both social and environmental spheres. They also support the claim that corporations are more likely to act in environmentally responsible ways when there are strong and well-enforced state regulations in place to ensure such behavior. Company size is shown to have a greater impact on CR than either excess cash or performance. Large companies tend to be more visible than small ones do, and society expects them to behave in a more socially and environmentally responsible manner regardless of their financial performance or available cash. Finally, these findings support the hypothesis that capital structure significantly influences CR: companies with a high number of publicly held shares and a low percentage of debt are more likely than others to commit themselves to social and environmental activities. (shrink)

Throughout the ancient society of China, we can find that from Qin and Han Dynasties to Ming and Qing Dynasties, the social nature, political structure and legal system of China did not change endlessly due to the change of dynasties. On the contrary, it was always in a stable state. This has to be attributed to the all-round and deep-seated influence of Confucianism on China society. Confucian culture had an important influence on the development of China's law (...) in the two thousand years after Qin and Han Dynasties. This influence gradually deepened, and eventually became the soul of China's ancient law, which dominated its development value orientation. Under the influence of Confucianism, China's legal culture has its own distinctive spiritual character and institutional characteristics. The theory of "goodness of nature" makes China's legal culture have the characteristics of "morality dominates punishment" and "courtesy for the country"; The thought of "people-oriented" makes China's legal culture have strong humanistic characteristics because of "leniency and caution" and "cherishing people's lives"; The idea of "cheap business" makes China's legal culture show obvious characteristics of public law culture in the field of private law. (shrink)

This book provides a fascinating and critical insight into familiar and less familiar mixed legal systems, taking the reader on a voyage of discovery from St Lucia and Guyana to the islands of the Seychelles and Mauritius. It considers those mixed systems which share boundaries with unmixed ones, such as Scotland and Quebec, and those located off-shore of major and dominant jurisdictions such as Jersey off the coasts of France’s civil law and England’s common law system, as (...) well as Cyprus, situated between the influences of Europe and those of the Middle East. (shrink)

Since the Reformation and Enlightenment, the Western world has witnessed the incremental decline of religious influence. Yet, key legal protections and duties incumbent on civilians and state actors in both avowedly secular states and ruling theocracies, predominantly Islamic, are to a lesser or greater extent determined by religious values. Although it is often claimed that the modern secular state encourages the adoption of liberal values and allows for the formulation of general law according to the free will of (...) its people, the historical legacy of law and particularly its synthesis with the Judeo-Christian heritage is apparent. In the UK, the continuing centrality of religion in what purports to be a secular system of laws, is demonstrated by the introduction of elements of Sharia law. In an increasingly culturally-diverse society, the recognition of Islamic law may be interpreted as the tacit acknowledgement of the existing inherent faith influences which continue to inform many legal innovations, and represents an explicit attempt to rebalance the privileging of one set of precepts above another. It is suggested that religion continues to occupy a central position in lawmaking; performing a cultural, political, institutional and, importantly, symbolic role and this is evidenced for instance by the narratives which are imposed on individuals in relation to areas of topical significance such as matrimony, terminal illness, abortion, gender and sexual morality. This paper argues against those pronouncements of the retreat of religion in state affairs and, rather, reveals a set of key structural relations and signifiers which are informed by opinions redolent of, not least of all, a peculiar generic proscriptive religiosity. (shrink)

One of the legal institutions of the punishment realization, i.e. the probation release, is investigated in the article from the legal comparative point of view. The article covers the legal relations, appearing as the result of application of the probation (setting and realization) towards the imprisoned convicts. The norms of the international and national juridical acts on the punishment realization, which regulate the probation, and the juridical doctrine of the punishment realization, brought forward by Lithuania and foreign (...) countries, is analyzed in the present article. The misunderstandings within the practices of imposition and execution of probation result in continuous discussions on the factual influence of the said institution to the development of social behaviour of the convicted person. The process of execution of probationary release must be directed towards the management of the risk of repeated criminal behaviour of the convicted person and neutralizing of criminal factors, however the existing structure of legal regulation does not provide a possibility to reach the said objectives. This shows one of the main deficiencies of criminal justice of Lithuania – a frequent and sustained application of imprisonment. (shrink)

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

Based upon the quintuple helix model (QHM), this study explores whether the differences in firms' emission reduction effectiveness can be attributed to the five institutional helices related to educational system, economic development, political–legal system, cultural orientation, and the natural capital. Using a set of listed European firms for the 2015–2020 period, we show that firms with better emission reduction effectiveness operate in nations with more public educational expenditure and scientific production, more extensive economic development, and better institutional and governance (...) quality. Moreover, emission reduction strategies are more pronounced in firms located in countries characterized by less masculinity, individualism, power distance, and uncertainty avoidance, and more long-term orientation and indulgence. In addition, we find that companies with better emission reduction effectiveness are found in countries with more natural capital, characterized by a life in harmony with nature and employing the finite resources available in a sustainable and environmentally conscious manner. Moreover, employing a two-stage model to identify the most relevant helix, we find that the political–legal system helix is the most pivotal in promoting firms' commitment to reducing environmental emissions. (shrink)

Until quite recently questions about methodology in legal research have been largely confined to understanding the role of doctrinal research as a scholarly discipline. In turn this has involved asking questions not only about coverage but, fundamentally, questions about the identity of the discipline. Is it (mainly) descriptive, hermeneutical, or normative? Should it also be explanatory? Legal scholarship has been torn between, on the one hand, grasping the expanding reality of law and its context, and, on the other, (...) reducing this complex whole to manageable proportions. The purely internal analysis of a legal system, isolated from any societal context, remains an option, and is still seen in the approach of the French academy, but as law aims at ordering society and influencing human behaviour, this approach is felt by many scholars to be insufficient. Consequently many attempts have been made to conceive legal research differently. Social scientific and comparative approaches have proven fruitful. However, does the introduction of other approaches leave merely a residue of 'legal doctrine', to which pockets of social sciences can be added, or should legal doctrine be merged with the social sciences? What would such a broad interdisciplinary field look like and what would its methods be? This book is an attempt to answer some of these questions. (shrink)

Man has to face the unknown future anytime and anywhere. For this reason, he needs to believe in the truth beyond himself. Otherwise, society will decline, decay, and never come back. Similarly, human beings are always faced with social conflicts everywhere. For this reason, he needs a legal system. Otherwise, society will disintegrate and fall apart. However, from the constitutional text, there is no uniform title and standard definition of freedom of religious belief in all countries. Countries in the (...) west are called religious freedom, while China adopts the concept of freedom of religious belief. This article will further analyze the different influences of Chinese and western religions on the law. It is worth pointing out that the living environment of law in the west is not as good as Chinese people think, and the authority of law and people's belief in law are gradually drifting away. Based on the basic theory of freedom of religious belief, this paper analyzes the different influences of Chinese and western religions on the law, analyzes the present situation and demands for legal protection of freedom of religious belief in contemporary China, and tries to put forward feasible solutions. (shrink)

This research examines the implementation and judicial response to Uzbekistan's new domestic violence laws enacted in 2023. Through an exploration of the semiotics of these laws, we uncover the nuanced portrayal of victim as "wife" instead of "human," reflecting a societal prioritization of family dynamics over individual rights. Through this analytical lens, we examine how domestic violence laws, as legal transplants, are interpreted by the judicial system. We highlight their translation into people’s behavior, judicial traditions, and the struggling with (...) socio-cultural norms. The findings from both quantitative and qualitative research contribute to understanding effectiveness and improving practices to achieve justice for victims. We investigated how new domestic violence laws are applied in the judicial system and the challenges victims face in seeking justice. The research highlights the necessity and effectiveness of laws while revealing socio-cultural resistance within the judicial system, such as holding victims accountable in domestic violence cases. The judicial response to domestic violence cases often favors restorative justice mechanisms, emphasizing reconciliation and lenient penalties. Notably, 61% of criminal cases conclude with reconciliation. Despite the impossibility of reconciliation in administrative cases, courts resort to the concept of "insignificance" of the violation, terminating cases on this basis in 28% of instances. However, the absence of reconciliation significantly diminishes the effectiveness of laws, depriving victims of restitution and the ability to influence the perpetrator's behavior. In the era of restorative justice application, rising questions emerge regarding its effectiveness, particularly due to socio-cultural pressure on victims and their unequal negotiation opportunities. (shrink)

The article underlines the significance of social rights as important constitutional rights of a human being and emphasises the peculiarities of their nature from the point of view of not only national, but also international law. The article presents an analysis of the constitutional doctrine of the protection of guarantees of social rights, which has been formulated by the Constitutional Court of the Republic of Lithuania in the course of considering the issues of reduction of social guarantees—pensions and remuneration, which (...) were determined by the economic crisis. In the Constitutional Court’s jurisprudence the personal right to social security has been construed in the most broad and comprehensive terms. The human rights and freedoms enshrined in the Constitution have been treated as constituting an integrated and harmonious system, and social rights have been interpreted not only as certain obligations of the state to the public, which inter alia are determined by the social purpose of the state, but also as a person’s individual rights, for which judicial defence is guaranteed. Such concept of the said rights has also been influenced by international law, inter alia the jurisprudence of the European Court of Human Rights. Social rights, while being an object of regulation of international law, have been forming the European doctrine of guarantees of these rights and have influenced the concept of these rights in national law. The main attention in the article is devoted to the analysis of the doctrine formulated in the Constitutional Court’s jurisprudence in relation to the correction (limitation) of social rights (payment of pensions and remuneration) under the conditions of economic crisis. In the article the period of formation of this doctrine is divided into two stages: the period of 2002–2006, when the Constitutional Court had to decide regarding the compliance of the legal acts whereby social guarantees had been constricted with the Constitution, and which was caused by the consequences of the so-called Russian economic crisis for the economic development of the state of Lithuania; and the period from 2009 to date, during which the Constitutional Court has been forming the constitutional doctrine of limitation of social rights, which was conditioned by the outcomes of the global economic crisis for the economy of the state of Lithuania. The article raises a question as to whether the constitutional doctrine being formed by the Constitutional Court in relation to the limitation of social rights under the conditions of economic crisis may be assessed as an independent one or whether it still remains to be a separate case of limitation of rights within the general doctrine of limitation of human rights. On the basis of the analysis of the Constitutional Court’s jurisprudence, a conclusion is drawn that the criteria established in the Constitutional Court’s doctrine of limitation of social rights under the conditions of economic crisis are even stricter than the universally recognised criteria for the limitation of human rights in the law of human rights, therefore, it is possible to assess the doctrine of limitation of social rights under the conditions of economic crisis, as formulated by the Constitutional Court during 2009–2012, which is the continuation of the previous doctrine, as an independent doctrine, the basis of which, undoubtedly, remains to be formed by the general principles of limitation of human rights recognised in the law of human rights. The article is not only confined to the analysis of the jurisprudence of the Constitutional Court of the Republic of Lithuania, it also provides examples of construction of the doctrine of social rights (inter alia those influenced by the economic crisis) by certain other constitutional courts. (shrink)

Being in force in 70 countries around the world and covering more than two thirds of world trade, the 1980 United Nations Convention on Contracts for the International Sale of Goods is considered to be the most successful convention promoting international trade. According to many commentators, this success is due to the fact that, amongst others, the Convention does not directly impact the domestic law of the various legal systems, as it applies only to international â?? as opposed (...) to purely domestic â?? contracts. The Convention, in other words, does not impose changes in the domestic law, which makes it easier for States to adopt the Convention. This does not mean, however, that the Convention does not have any impact on the domestic law at all. This book analyzes â?? through 24 country reports, as well as a general report submitted to the 1st Intermediate Congress of the International Academy of Comparative Law held in November 2008 in Mexico City â?? to what extent the Convention de facto influences the domestic legal system. In particular, the book examines the Convention's impact on legal education, on the practice of law, as well as on the style of court decisions. (shrink)

This article builds on the notion of legal tolerance and analyzes the scope of its definition. It situates the notion in the complex set of relations occurring between the major systems of society. Generally, legal tolerance, as a concept, is understood in light of the possibilities of the legal system of influencing other major systems? responses. On the other hand, tolerance is also the response of the legal system in respect to other major (...) class='Hi'>systems? communications. Although there is a common understanding of tolerance as ?under punishing bias? in criminology or as political tolerance in political science, 1 the focus of this article is different. The central points here are, first, the analysis of legal tolerance as part of systemic communications and, second, the historicity of the transformations of the nation-state in its ability to cope with the growth of separate, distinct and partial systems of society. Tolerance seems relational and raises questions such as: ?How much can the legal system tolerate?? And also, ?Which societal topics belong to the social system's domain-matter?? These questions are relevant given that the concept of legal tolerance depends on the possibilities of a given system to steer, to direct or to influence other major systems? behavior, or to resist, respond or to address other systems, which are in its environment. The concept of legal tolerance requires an analysis of a cluster of related definitions to assess the implications of the concept. These definitions are the following: (1) The concepts that result from the historical process of structuration and that explain the emergence of social systems. (2) The definition of reflexivity and its relation with the ?second order cybernetics dilemma.? This is the place where heuristic and epistemological problems are found. Such problems result from both the problem of representation and from the ontological status of the real. This analysis will show why reflexivity is a key concept to explaining the transformations suffered by such systems. Then, legal tolerance is a newer development in respect to the idea of planning. As an alternative to hard planning, legal tolerance creates a fostering environment. Instead of a single system directing other systems, legal tolerance is relational and created collectively by the organizational national state using its (limited) power of legal creation. Legal tolerance also stems from the concerned subsystems of the society (economy, law, politics, science, along with others) by means of a variety of legislative products, public policies, alliances, and legal and other scientific communications that emerge as coordinating mechanisms among the alluded major subsystems. (shrink)

The study focuses on the translatability of EU terminology into Ukrainian, with a specific emphasis on the term ‘regulation’. It explores the challenges and considerations involved in translating legal terms, particularly within the context of EU legislative acts. The concept of translatability potential is substantiated in the article. It is seen as language pair-dependent, influenced by the availability of similar legal concepts in the target law system, equivalent terms in the target language, and other factors. The research delves (...) into the levels of translatability potential of legal terms, taking into consideration the existence of identical concepts in the target legal system, the mono- or polysemic semantic structure of the source term, and the established translation practices accepted by legal professionals. Based on these criteria, legal terms are classified into categories of high, upper-medium, lower-medium, and low translatability potentials. The article applies these criteria to analyse the translatability potential of the term ‘EU regulation’ in Ukrainian legal discourse. The distinction between legal terms and legal concepts are highlighted, and the concepts are considered to be mental representations associated with linguistic units. The corpus method and concept analysis are employed to analyse the impact of the context on the actualisation of specific components of semantic structure and, correspondingly, specific concepts. The use of the terms in ordinary and legal discourse is under analysis, as well as different Ukrainian translations of ‘regulation’ for each concept it manifests. Finally, the semantic structures of the term ‘EU regulation’ and its Ukrainian translation ‘peглaмeнт (rehlament)’ are compared to reveal the semantic shifts caused by translation. The concept and semantic analyses are conducted to explore the realisation of the translatability potential and see if the best option provided by the potential of the term was selected to meet the high requirements of legal translation. (shrink)

The aim of this article is to determine how can new interpretations of old institutes change the status of the taxpayers and tax administrators and to suggest what can the Ministry of Finance do to solve the problem – it can try setting a uniform interpretation of tax institutes. It deals with two findings of the Constitutional Court of the Czech Republic concerning two institutes described in Tax Administration Act: time-limits for tax assessment and tax inspection; and one finding of (...) the Highest Administrative Court concerning local taxes. Court interpretation is only one of several possibilities of interpretation. Continental system of law differs from the Anglo-American system and we should search for information in the acts, and court practice should be used only alternatively. (shrink)

This paper is a critique of the current US patent system along general consequentialist lines. I present a pro tanto case against it because of its effects on scientific inquiry. The patent system is often thought to be justified because it provides incentives to innovate. I challenge this concern. Economists and legal scholars have spent a good portion of time analyzing particular aspects of the patent system. I here synthesize their work, showing how it amounts to a pro tanto (...) moral case against patents. This is the case even though patents are said to incentivize innovation, its disclosure, and its transfer to interested parties. I explore all of these possibilities, finding them to only weakly support the institution of patent rights. Juxtaposing this weak case for patents along with various problems that patents cause for science, we find a pro tanto case against our current patent system. To my knowledge, no one has tried to synthesize the various concerns I raise, with particular attention to not only the patent’s system purported ability to incentivize innovation, but also to disclose and transfer technology. (shrink)

_An examination of how two fundamental concepts of order influence our ideas about sovereignty, citizenship, law, and history_ Western accounts of natural and political order have deployed two basic ideas: project and system. In a project, order is produced by the intentional act of a subject; in a system, order is immanent in the world. In the former, order is made; in the latter, discovered. Paul W. Kahn shows how project and system have long been at work in our (...) theological and philosophical tradition. Against this background, Kahn explains the development of the modern legal imagination in the nineteenth century as a movement from project to system. Americans began the century imagining the constitutional order as their common project: a deliberate construction of We the People. They ended the century imagining that order is continuous with the common law: an immanent development of the principles of civilization. This imaginative shift affected ideas of legal text, sovereignty, citizenship, interpretation, history, and science. (shrink)

Cyber warfare is becoming a new reality with new battles fought everyday on virtual battlefields. For a century and a half, International Humanitarian Law has been a sentry for victims of wars guaranteeing their legal protection from the calamities of war, trying hard to respond to Clausewitz’s “chameleon of war”. Cyber conflict marks new chameleon’s colour together with the unmanned aerial vehicles, autonomic battle systems and other technologies deployed on battlefields. However, it would be greatly erroneous to claim (...) that the International Humanitarian Law may not apply to the new phenomena just because it is caused by the advanced technology. Even if the Geneva Conventions of 1949 are already sixty years old, the International Humanitarian Law in itself has at minimum customary response mechanism, granting, in a spirit of Marten’s clause, protection and authority of the principles of international law derived from established custom, from the principles of humanity and from dictates of public conscience (Protocol I). Notwithstanding, some more complicated fundamental issues also have to be addressed: how the use of cybernetic weapons and means may affect the classic notion of armed conflict? How it can be interpreted in the light of new technologies, i.e. can we still rely on a classic understanding of weapon’s kinetic effect as the main element, or shall we embrace effectsbased “Schmitt’s criteria”. If it so happens, will it make an act without apparent damage to a person/property equal to military hostilities, required by the armed conflict notion and justify the real-life response to it. The effective or overall control tests were used for the attribution of non-state actor’s activity to the state party of an armed conflict but these tests might not meet its purpose in the virtual battlefield of loose networks and open-source communities. If the concept of armed conflict is treated more flexibly, other changes (including issues of attribution) may follow, as well. Perhaps this is the way how the combatant institute will evolve. With classic combatant’s criteria impossible to apply on virtual battlefields, one of the options would be to elaborate concepts of “constant combat function” and “direct participation in hostilities” more precisely, as well as to reconsider state’s affiliation requirements. (shrink)

This study attempts to extend the literature in ethics research by developing and testing a model of an individual's ethical system which identifies the sources of influence on the decision process. The model is developed from an interdisciplinary literature review and includes six subsystems or spheres that exert influence on an individual: the workplace, family, religion, legal system, community, and profession. The study also examines the role of materiality in the decision-making process. Using this model, empirical tests (...) identify the spheres that exert the most influence on the decision-maker facing an ethical dilemma. In addition, the relative importance of the spheres and the interaction among the spheres is examined. Findings show that: (1) individuals rate variables at different levels of importance as the materiality of the breach changes and (2) the spheres that are considered most important for minor ethical breaches are different than the spheres considered most influential in a major ethical situation. Exploratory factor analysis suggests that the variables representing the spheres can be summarized by three factors. Further, it indicates that these factors change with materiality. (shrink)

A human driver and an automated driving system might share control of automated vehicles in the near future. This raises many concerns associated with the assignment of responsibility for negative outcomes caused by them; one is that the human driver might be required to bear the brunt of moral and legal responsibilities. The psychological consequences of responsibility misattribution have not yet been examined. We designed a hypothetical crash similar to Uber’s 2018 fatal crash. We incorporated five legal responsibility (...) attributions. Participants chose their preferred liability attribution and then were randomly assigned into one of the five actual liability attribution conditions. They then responded to a series of questions concerning liability assignment, the crash, and AVs. Slightly more than 50% of participants thought that the human driver should bear full or primary liability. Legal responsibility misattribution negatively influenced these mentioned responses, regardless of overly attributing human or manufacturer liability. Overly attributing human liability had more negative influences. Improper liability attribution might hinder the adoption of AVs. Public opinion should not be ignored in developing a legal framework for AVs. (shrink)

This research aims to analyze the influencing factors of migrant children’s education integration based on the convolutional neural network algorithm. The attention mechanism, LSTM, and GRU are introduced based on the CNN algorithm, to establish an ALGCNN model for text classification. Film and television review data set, Stanford sentiment data set, and news opinion data set are used to analyze the classification accuracy, loss value, Hamming loss, precision, recall, and micro-F1 of the ALGCNN model. Then, on the big data platform, (...) data in the Comprehensive Management System of Floating Population and Rental Housing, Student Status Information Management System, and Student Information Management System of Beijing city are taken as samples. The ALGCNN model is used to classify and compare related data. It is found that in the MR, STT, and MPQA data sets, the classification accuracy and loss value of the ALGCNN model are better than other algorithms. HL is the lowest, the Pre is second only to the BERT algorithm, and the Re and F1 are both higher than other algorithms. From 2015 to 2019, the number of migrant children in different grades of elementary school shows a gradual increase. Among migrant children, the number of migrant children from other counties in this province is evidently higher than the number of migrant children from other provinces. Among children of migrant workers, the number of immigrants from other counties in this province is also notably higher than the number of immigrants from other provinces. With the gradual increase in the years, the proportion of township-level expenses shows a gradual decrease, whereas the proportion of district and county-level expenses shows a gradual increase. Moreover, the accuracy of the ALGCNN model in migrant children and local children data classification is 98.6 and 98.9%, respectively. The proportion of migrant children in the first and second grades of a primary school in Beijing city is obviously higher than that of local children. The average final score of local children was greatly higher than that of migrant children, whereas the scores of migrant children’s listening methods, learning skills, and learning environment adaptability are lower, which shows that an effective text classification model is established based on the CNN algorithm. In short, the children’s education costs, listening methods, learning skills, and learning environment adaptability are the main factors affecting migrant children’s educational integration, and this work provides a reference for the analysis of migrant children’s educational integration. (shrink)

Introduction. Innovationism in various areas of society has changed both the natural and social environment. The change speed in the new infor- mation and communication field is the reason for many questions related to studying the problems of society and the machine, finding out the place of artificial intelligence in social relations. These pro- cesses stimulated the philosophical research, the subject of which was man, modern technologies, scenarios for the development of society, socio- cultural and political-legal forms of its (...) organization. Since the 90s of the twentieth century in the West and later in Russia, a transhumanistic concept has been formed, which connects man, society and technology in a special way. Representatives of transhumanism study the technical develop- ments of human immortality and build models of the perfect man, pursuing as a goal, his deliver- ance from suffering and disease. Transhumanistic perspectives actualize the need for a thorough, constructive and critical assessment of the possible advantages and risks of technological development, and its impact on the political and legal structure. In this regard, the ability to see and isolate the features of this process and subsequent reflection is fundamentally important. The purpose of the article is to consider political and legal transformations in the context of the interaction of modern technologies and soci- ety through the prism of transhumanistic perspec- tives, to identify possible directions of philosophical reflection of political and legal modes of modernity. Methods. To achieve the research goal, general scientific methods of cognition were used: analysis and synthesis, induction, deduction, comparison, abstraction. The article also applied institutional- functional and system-structural approaches, the method of interpretation and content analysis. The analysis of public opinion and special labeling of artificial intelligence was carried out with the help of appealing to network content (social networks, blogs, and forums). Communication channels reproduce messages mentioning modern technolo- gies from the point of view of the philistine world- view based on stereotypes broadcast in society and the influence of popular culture. Content analysis revealed the relevance of the spectrum of labeling, relative to artificial intelligence systems, includ- ing the verbs “create”, “destroy”, “help”, “enslave”. Regarding the sphere of labor, law and politics, the positions differ, from outright alarmism to utopian images of social well-being. Scientific novelty of the study. The article analyzes the prospects of considering the phenom- enon of social transformations, the forms of their representation through political and legal views as exemplified by transhumanism. Results. The author attempts to give a comprehen- sive description of social changes in the field of public administration, legal regulation, legal per- sonality and legal responsibility, social equality of participants in legal relations through the specific refraction of these social phenomena in transhu- manistic ideas. The spectrum of the main problems in the sphere of interests of the transhumanistic worldview is listed. Conclusion. Turning to modernization strategies on the example of transhumanism is a natural and necessary need in the political and legal sphere, in particular. In the course of the analysis, a wide range of problems were identified that actualize the social and axiological and anthropological optics of the research. Diverse forms of transhumanistic political trends act as manifestations of socio-legal reflection on the intensification of innovation- ism, which is capable of radically changing human nature. (shrink)

John Locke is one of the key figures in the history of early modern philosophy. He had a great influence on the development of philosophy, which is based on the empirical method, and on the political systems of countries. And even though his works have not been deprived of attention, some questions of his philosophy remain insufficiently disclosed. The author's deals with the religious turn in studies of John Loke. Attention is paid to the role of religion in (...) the philosophy of the thinker. The issue of religious influences on the issue of identity is being discussed. The essence of the term “modern” is highlighted and the criteria according to which John Locke's ideas should be considered modern are indicated. The author notes that some researchers considered John Locke one of the founders of modern philosophy, while others believed that the role of the English philosopher in the development of modern philosophy was overestimated. A characteristic feature of modern philosophy is the emphasis on research and exploration. The author names the identity of John Locke a subjective identity. The main attributes of identity are: reflection, consciousness and memory. Self-reflection and meaningful self-perception allows each person to choose their own way of worshiping God. Consciousness allows a person to evaluate his actions, forms an idea of morality, the concept of sin and so on. The article deals with different meanings of the concept of identity in the religious and secular aspects. The difference - is in memory. Personal responsibility is an integral part of identity. The author of the article notes that we should make a difference between responsibility in religious and political field. Religious responsibility requires observance not only of legal law, but also of moral rules and biblical commandments. (shrink)

The paper explicates the stages of the author’s philosophical evolution in the light of Kopnin’s ideas and heritage. Starting from Kopnin’s understanding of dialectical materialism, the author has stated that category transformations of physics has opened from conceptualization of immutability to mutability and then to interaction, evolvement and emergence. He has connected the problem of physical cognition universals with an elaboration of the specific system of tools and methods of identifying, individuating and distinguishing objects from a scientific theory domain. The (...) role of vacuum conception and the idea of existence (actual and potential, observable and nonobservable, virtual and hidden) types were analyzed. In collaboration with S.Crymski heuristic and regulative functions of categories of substance, world as a whole as well as postulates of relativity and absoluteness, and anthropic and self-development principles were singled out. Elaborating Kopnin’s view of scientific theories as a practically effective and relatively true mapping of their domains, the author in collaboration with M. Burgin have originated the unified structure-nominative reconstruction (model) of scientific theory as a knowledge system. According to it, every scientific knowledge system includes hierarchically organized and complex subsystems that partially and separately have been studied by standard, structuralist, operationalist, problem-solving, axiological and other directions of the current philosophy of science. 1) The logico-linguistic subsystem represents and normalizes by means of different, including mathematical, languages and normalizes and logical calculi the knowledge available on objects under study. 2) The model-representing subsystem comprises peculiar to the knowledge system ways of their modeling and understanding. 3) The pragmatic-procedural subsystem contains general and unique to the knowledge system operations, methods, procedures, algorithms and programs. 4) From the viewpoint of the problem-heuristic subsystem, the knowledge system is a unique way of setting and resolving questions, problems, puzzles and tasks of cognition of objects into question. It also includes various heuristics and estimations (truth, consistency, beauty, efficacy, adequacy, heuristicity etc) of components and structures of the knowledge system. 5) The subsystem of links fixes interrelations between above-mentioned components, structures and subsystems of the knowledge system. The structure-nominative reconstruction has been used in the philosophical and comparative case-studies of mathematical, physical, economic, legal, political, pedagogical, social, and sociological theories. It has enlarged the collection of knowledge structures, connected, for instance, with a multitude of theoreticity levels and with an application of numerous mathematical languages. It has deepened the comprehension of relations between the main directions of current philosophy of science. They are interpreted as dealing mainly with isolated subsystems of scientific theory. This reconstruction has disclosed a variety of undetected knowledge structures, associated also, for instance, with principles of symmetry and supersymmetry and with laws of various levels and degrees. In cooperation with the physicist Olexander Gabovich the modified structure-nominative reconstruction is in the processes of development and justification. Ideas and concepts were also in the center of Kopnin’s cognitive activity. The author has suggested and elaborated the triplet model of concepts. According to it, any scientific concept is a dependent on cognitive situation, dynamical, multifunctional state of scientist’s thinking, and available knowledge system. A concept is modeled as being consisted from three interrelated structures. 1) The concept base characterizes objects falling under a concept as well as their properties and relations. In terms of volume and content the logical modeling reveals partially only the concept base. 2) The concept representing part includes structures and means (names, statements, abstract properties, quantitative values of object properties and relations, mathematical equations and their systems, theoretical models etc.) of object representation in the appropriate knowledge system. 3) The linkage unites a structures and procedures that connect components from the abovementioned structures. The partial cases of the triplet model are logical, information, two-tired, standard, exemplar, prototype, knowledge-dependent and other concept models. It has introduced the triplet classification that comprises several hundreds of concept types. Different kinds of fuzziness are distinguished. Even the most precise and exact concepts are fuzzy in some triplet aspect. The notions of relations between real scientific concepts are essentially extended. For example, the definition and strict analysis of such relations between concepts as formalization, quantification, mathematization, generalization, fuzzification, and various kinds of identity are proposed. The concepts «PLANET» and «ELEMENTARY PARTICLE» and some of their metamorphoses were analyzed in triplet terms. The Kopnin’s methodology and epistemology of cognition was being used for creating conception of the philosophy of law as elaborating of understanding, justification, estimating and criticizing legal system. The basic information on the major directions in current Western philosophy of law (legal realism, feminism, criticism, postmodernism, economical analysis of law etc.) is firstly introduced to the Ukrainian audience. The classification of more than fifty directions in modern legal philosophy is suggested. Some results of historical, linguistic, scientometric and philosophic-legal studies of the present state of Ukrainian academic science are given. (shrink)

Whistleblowing is regularly identified as corporate control mechanism to prevent and uncover fraud. We review and compare the legal situation for whistleblowers in the People’s Republic of China and India. In a survey of 942 employees from private companies in both countries, we take a look at the status quo of whistleblowing system implementation, explore preference of channels to disclose fraud or corruption, and analyze under which conditions and what kind of employees prefer external over internal whistleblowing. We find (...) that provisions for mandatory whistleblowing systems can be found in the law of both countries. In China in particular, protection is scattered across many different laws in the private sector. Indian companies seem to have systems in place more often, although this difference becomes smaller the larger the company. The general preference of internal over external channels is similar across countries. Our regression models suggest that external channels are preferred over internal ones when fear of retaliatory measures is higher, the company is smaller, and the whistleblower is female. In line with prior literature, the effect of fear of retaliation is moderated by gender: women are less influenced by retaliation. All in all, implementation of whistleblowing systems seems ubiquitous in both countries; legal protection and comprehensive measures to decrease retaliation are lacking. Additional implications of findings are discussed. (shrink)

This paper provides an analysis of how concepts pertinent to legal contracts can influence certain aspects of their digital implementation through smart contracts, as inspired by recent developments in distributed ledger technology. We discuss how properties of imperative and declarative languages including the underlying architectures to support contract management and lifecycle apply to various aspects of legal contracts. We then address these properties in the context of several blockchain architectures. While imperative languages are commonly used to implement (...) smart contracts, we find that declarative languages provide more natural ways to deal with certain aspects of legal contracts and their automated management. (shrink)

BackgroundEvolving medical technology, advancing biomedical and drug research, and changing laws and legislation impact patients’ healthcare options and influence healthcare practitioners’ (HCPs’) practices. Conscientious objection policy confusion and variability can arise as it may occasionally be unclear what underpins non-participation. Our objective was to identify, analyze, and synthesize the factors that influenced HCPs who did not participate in ethically complex, legally available healthcare.MethodsWe used Arksey and O’Malley’s framework while considering Levac et al.’s enhancements, and qualitatively synthesized the evidence. We (...) searched Medline, CINAHL, JSTOR, EMBASE, PsychINFO, Sociological Abstracts, and ProQuest Dissertations and Theses Global from January 1, 1998, to January 15, 2020, and reviewed the references of the final articles. We included articles written in English that discussed the factors that influenced physicians and registered nurses (RNs) who did not participate in end-of-life (EOL), reproductive technology and health, genetic testing, and organ or tissue donation healthcare areas. Using Covidence, we conducted title and abstract screening, followed by full-text screening against our eligibility criteria. We extracted the article’s data into a spreadsheet, analyzed the articles, and completed a qualitative content analysis using NVivo12.ResultsWe identified 10,664 articles through the search, and after the screening, 16 articles were included. The articles sampled RNs (n = 5) and physicians (n = 11) and encompassed qualitative (n = 7), quantitative (n = 7), and mixed (n = 2) methodologies. The care areas included reproductive technology and health (n = 11), EOL (n = 3), organ procurement (n = 1), and genetic testing (n = 1). One article included two care areas; EOL and reproductive health. The themed factors that influenced HCPs who did not participate in healthcare were: (1) HCPs’ characteristics, (2) personal beliefs, (3) professional ethos, 4) emotional labour considerations, and (5) system and clinical practice considerations.ConclusionThe factors that influenced HCPs’ who did not participate in ethically complex, legally available care are diverse. There is a need to recognize conscientious objection to healthcare as a separate construct from non-participation in healthcare for reasons other than conscience. Understanding these separate constructs will support HCPs’ specific to the underlying factors influencing their practice participation. (shrink)

Even though International Humanitarian Law (IHL) is, strictly speaking, a branch of international law serving as the body of laws governing the conduct of armed conflicts, it functions also, and perhaps to a greater extent, as a moral system (either followed or rejected) for the armies involved in armed conflicts. As utilitarians already noticed, the development of legal systems was powerfully influenced by moral opinion, and conversely, moral standards had been profoundly influenced by law, so that the content (...) of many legal rules mirrored moral rules or principles. Law, like morality, is interested in creating a good society: enabling people to live together in a community and inculcating a sense of social responsibility. However, despite these similarities between the systems, law and morality differ in some of their objectives and in the methods they use for achieving their goals and sustaining human behavior. The application of this conclusion to IHL and the analysis of both its historical nascence in the nineteenth century and the philosophical concepts informing it suggests that IHL serves more the purposes of a moral system than those of a legal system. This claim is strengthened by the analysis of two examples of legal rules of IHL: the proportionality principle in causing collateral damage and the instruction that preventive (or targeted) killings should be used as a last resort. (shrink)

The article develops the modern significance of the legal doctrine in the post-Soviet legal system, describes its impact on lawmaking and on judicial practice. The authors argue in favor of the conclusion that the legal doctrine is an independent and important component of the Russian legal system, as it influences structuring and functioning of the legal system, and, being in demand in practice, is implemented in different components of the country’s legal system. In order (...) to strengthen the role and significance of legal doctrine in the post-Soviet space, the authors make a number of certain proposals on consideration of provisions of legal doctrine in lawmaking and in judicial practice. (shrink)

This volume surveys 150 law books of fundamental importance in the history of Western legal literature and culture. The entries are organized in three sections: the first dealing with the transitional period of fifteenth-century editions of medieval authorities, the second spanning the early modern period from the sixteenth to the eighteenth century, and the third focusing on the nineteenth and twentieth centuries. The contributors are scholars from all over the world. Each 'old book' is analyzed by a recognized specialist (...) in the specific field of interest. Individual entries give a short biography of the author and discuss the significance of the works in the time and setting of their publication, and in their broader influence on the development of law worldwide. Introductory essays explore the development of Western legal traditions, especially the influence of the English common law, and of Roman and canon law on legal writers, and the borrowings and interaction between them. The book goes beyond the study of institutions and traditions of individual countries to chart a broader perspective on the transmission of legal concepts across legal, political, and geographical boundaries. Examining the branches of this genealogical tree of books makes clear their pervasive influence on modern legal systems, including attempts at rationalizing custom or creating new hybrid systems by transplanting Western legal concepts into other jurisdictions. (shrink)

The influence of many factors on ecological success in common pool resource management is still unclear. This may be due to methodological issues. These include causal complexity, a lack of large-N-studies and nonlinear relationships between factors. We address all three issues with a new methodological approach, artificial neural networks, which is discussed in detail. It allows us to develop a model with comparably high predictive power. In addition, two success factors are analyzed: legal security and institutional fairness. Both (...) factors show a positive impact on success in irrigation and fisheries supporting the view that there are sector-independent success factors. (shrink)

Name der Zeitschrift: Semiotica Jahrgang: 2017 Heft: 216 Seiten: 317-337.

The Labour Code of the Republic of Lithuania was enacted on 4 June 2002. However, the practice of ten years has shown that even the systematisation of this branch of law by means of codification could not help avoiding gaps in labour law. The Lithuanian labour law system balances on the brink of flexibility, liberalisation and stability. The purpose of this article is to examine the legal side of this problem and to evaluate the quality of legal regulation (...) of labour relations, also to propose instruments and means to improve them. The main aim of the article is to show the difference between gaps in labour law and some similar (contiguous) legal phenomena that will also be discussed in the article. (shrink)

Presidential pardon has always existed in criminal law and continues to constitute a very important competence of the head of state in many modern day countries. In the past, the clemency given by the sovereign represented an act which showed his/her mercy upon their subjects. It was often used as a tool to show the arbitrary will of the sovereign that constituted the law, rather than the law itself. Therefore, the classical school of criminal law that appeared in the 18th (...) century and emphasized the importance of the principle of legality, opposed harshly every kind of arbitrary deciding that excluded the law at the interest of the sovereign. This school is among the only interpretations of criminal law that engages for a complete abandonment of institutes such as pardon or amnesty. The revolutionary French Penal Code of 1791, which was strongly influenced by the classical school, excluded clemency for the proved wrongs that were severely punished. However, due to imperfections of the criminal justice system, amnesty and pardon or clemency, continue to exist and to be used in modern day criminal law. They are no longer considered acts of arbitrary decisions of the sovereign, instead they should represent important instruments of criminal law, used rarely and wisely with specifically designed goals that aim to bring justice rather than deny it. However, there are many cases when these institutes have been inappropriately used in a very arrogant way which shows that the ancient regime is not yet over for some countries in which the highest institutions continue to act as old and middle age despots. This article will analyze the legal reasoning of the institution of presidential pardon. It will try to establish why the classical school was so strictly opposed to this institute making use of the studies and interpretations found in the writings of Cesare Beccaria. It will explain the philosophy of modern day institutions of amnesty and pardon and the way in which they are regulated in the legal theory and practice. The article will explain the recent developments in Macedonia in regard to the use of presidential pardon. The methods to be used consist of desk research, historical and comparative methods and analysis of legal texts, laws and judicial decisions. (shrink)

The article deals with the problem of coining terms and nomenclature signs with proper names illustrated by the example of the English language legal terminology. The article begins with the discussion of the problems of intersection of two linguistic areas and differentiation between terms and nomenclature signs. It is observed that linguistic units with proper names possess a cultural specificity in the legal English as compared to the Russian terminological system of law. Linguistic and extra-linguistic factors influencing language (...) units’ formation with the help of proper names in legal English, their structural and semantic specificity are revealed. The latter is considered from the point of view of the two-level semantics of language signs. The authors come to the following conclusions: structural variability of the units under consideration especially strongly manifest in formation of legal nomenclature; systemic linguistic oppositions of terms and nomenclature signs with proper names determine the semantics of these units; the basis of the meaning of a term and a nomenclature sign is a notion, its essential components being included into the definitions; differential semes of the meanings are assigned to the proper name elements of terms; all semes of nomenclature signs with proper names constitute an inseparable whole and are not assigned to any specific elements of these units; the meanings of nomenclature signs with proper names specify those of the terms in the hierarchical structure of the terminological system and in particular legal situations. (shrink)

Animals in Brazil: Economic, Legal and Ethical Perspectives presents a broad overview of the complicated role of animals in Brazilian society. Its four substantive chapters survey the landscape of animal agriculture, animal protection laws, recent animal jurisprudence, and the underlying cultural factors that have shaped the Brazilian people's relationship with and treatment of animals. Despite the book's title, there is no chapter addressing economics. However, it represents the first book in English addressing the plight of animals in Brazil and (...) makes a marked contribution to animal ethics in Latin America. At its best, it is very good, and overall, the volume is a worthwhile addition to the bookshelf of anyone interested in Brazilian animal law.The introduction by the book's editor, Carlos Naconecy, does exactly what an introduction should do: it succinctly describes the content of the chapters to follow. My quibble is that while Naconecy has excellent English and expresses himself well, the essay badly needed the editorial scrutiny of a native English speaker. The succeeding chapters each begin with an abstract, a simple but useful aid to any scholar who might not be interested in all of the issues the book covers.Chapter 1, “Food Animals in Brazil: Five Decades of Transformation,” ably describes Brazil's progression from a primarily subsistence-based agrarian culture to its full-scale embrace of industrial agriculture with all of its incumbent horrors. In just 50 years, Brazil has gone from a net importer to the world's second-largest exporter.The story of the country's transition to confinement, meat-based agriculture is all too familiar. It wrought havoc on community and family ties and overwrote traditional dietary practices, leading to widespread obesity, disease, and nutrient deficiencies. It also made indifference toward agricultural animals a new national norm. The level of cruelty that is both legal and common in Brazilian industrial agriculture would strain credulity if it weren't so similar to those of so many other countries. Indeed, the authors’ discussion of the systemic animal mistreatment, devastating environmental consequences, and accompanying cultural erosion in Brazil could easily have been cut and pasted into a chapter surveying the last 50 years in the United States.The second chapter is the strongest in the collection. “The Legal Protection of Animals in Brazil: An Overview” summarizes the country's animal-legal framework and situates it within the context of Brazil's constitutional prohibition against animal cruelty. The authors explain why the constitution offers little practical protection. Under the prevailing view, only those acts undertaken for the purpose of causing needless suffering constitute cruelty. Since much animal cruelty is ostensibly done for other reasons (food, science, etc.), the cruelty prohibition does not reach the majority of offenses.The authors next construct a syllogistic argument that the current legal classification of animals as “things” rather than beings who are the subjects of rights is logically and ethically flawed. Since cruelty involves suffering, and objects cannot suffer, and since animals suffer (otherwise animal cruelty laws would be pointless), then animals must be subjects of the law. Phrased differently, animals must be rights-holders. This leads into a compelling argument that the constitution not only supports but requires such an interpretation.“Cases and Debates in the Brazilian Animal Rights Arena” does exactly what its title suggests. It looks at recent animal-related judicial developments and situates them within a broader cultural and legal context. For example, the Supreme Court recently held that the Vaquejada, a rodeo-like event involving chasing and tackling terrified cows, was unconstitutional.Immediately following the decision, the legislature amended the constitution to classify the Vaquejada as an important cultural activity and thus protected under a different constitutional provision. The courts are currently considering whether that constitutional amendment is itself unconstitutional. We are further told about movements against foie gras and vivisection and about recent developments regarding custody disputes over domestic animal companions.The final chapter, “Factors That Influence the Brazilian Ethos Regarding Animals” is a broad discussion of the ways Brazilian history and culture have impacted attitudes toward animals. It is argued that because Brazil was the last Western country to eliminate slavery, Brazilians are more prone to treat animals like property and that the Brazilian temperament makes them more likely to be passionate than pragmatic. We also learn that a cultural reluctance to protest against social wrongs enables Brazilians to remain silent in the face of animal injustice and that the country's Catholic tradition instilled the idea that only people were made in the image of God and that animals therefore matter less. These observations strike me as overbroad and problematic. For example, millions of Brazilians have spent much of the past decade protesting government corruption, and the country has an impassioned animal advocacy movement. Furthermore, it is not clear that Brazilians necessarily treat animals differently than people from other countries with very different histories.Overall, Animals in Brazil begins the work of new scholarship in English on animals in the Brazilian context. The fact that some chapters are more informative and useful than others is an inevitable by-product of an edited volume and should not deter those interested in Brazilian animal law from reading it. The excellence of the first two chapters alone makes the book worthwhile. (shrink)

The Toulmin model has been proved useful in law and argumentation theory. This model describes the basic process in justifying a claim, which comprises six elements, i.e., claim (C), data (D), warrant (W), backing (B), qualifier (Q), and rebuttal (R). Specifically, in justifying a claim, one must put forward ‘data’ and a ‘warrant’, whereas the latter is authorized by ‘backing’. The force of the ‘claim’ being justified is represented by the ‘qualifier’, and the condition under which the claim cannot be (...) justified is represented as the ‘rebuttal’. To further improve the model, (Goodnight, Informal Logic 15:41–52, 1993) points out that the selection of a backing needs justification, which he calls legitimation justification. However, how such justification is constituted has not yet been clarified. To identify legitimation justification, we separate it into two parts. One justifies a backing’s eligibility (legitimation justification 1 ; LJ 1 ); the other justifies its superiority over other eligible backings (legitimation justification 2 ; LJ 2 ). In this paper, we focus on LJ 1 and apply it to the legal justification (of judgements) in hard cases for illustration purposes. We submit that LJ 1 refers to the justification of the legal interpretation of a norm by its backing, which can be further separated into several orderable subjustifications. Taking the subjustification of a norm’s existence as an example, we show how it would be influenced by different positions in the philosophy of law. Taking the position of the theory of natural law, such subjustification is presented and evaluated. This paper aims not only to inform ongoing theoretical efforts to apply the Toulmin model in the legal field, but it also seeks to clarify the process in the justification of legal judgments in hard cases. It also offers background information for the possible construction of related AI systems. In our future work, LJ 2 and other subjustifications of LJ 1 will be discussed. (shrink)

The present paper aims at addressing a crucial legal conflict in the information society: i.e., the conflict between security and civil rights, which calls for a “fine and ethical balance”. Our purpose is to understand, from the legal theory viewpoint, how a fine ethical balance can be conceived and what the conditions for this balance to be possible are. This requires us to enter in a four-stage examination, by asking: (1) What types of conflict may be dealt with (...) by means of balancing? (2) What is meant by balancing? Is it a metaphor that hides and dissimulates discretionary powers and subjective decisions or a rational instrument that helps us cope with conflicts between fundamental values and interests? (3) What models of balancing are available to us? Are these models irreducible to each other? What can provide us with a common understanding of different models of balancing? (4) How can the crucial issues of rational controllability, predictability, and homogeneity of legal decisions be dealt with? Our paper will try to answer those questions by trying to reconstruct the act of balancing in terms of a rational legal reasoning, which relies upon information. In fact, every judicial decision contains some information that is delivered to the legal system: that information may serve as the basis for future evaluations, decisions, and actions, and thus influence the way we recognize and hence we protect our values, interests, and rights. In this perspective, our examination will attempt to understand those questions in informational terms. This informational treatment can provide us with a more universalistic understanding of those issues and offer us a novel way to conceptually deal with them. To this aim, we will avail yourself of Luciano Floridi’s philosophy of information: notably, we believe his constructionist conception of epistemology is crucial, based on the Maker’s Knowledge approach and his solution of the upgrading problem (i.e., from information to knowledge) in terms of a network theory of account. The informational approach will help us having a better understanding of the balance between competing interests. (shrink)

The study investigated influence of cultural values and home on child-rearing practices in Nigeria. Value systems are embedded in the culture of people. Culture is a set of shared values, attributes, customs and physical objects that are maintained by people in a specific setting. Cross-sectional design and qualitative technique was employed to obtain information from participants. Participants were sixteen adults (8 men, 8 women) from four ethnic groups: Igbo, Ogoni, Tiv and Yala. Findings showed that different cultures have (...) their value systems and these values were inculcated to generations of the members through child-rearing practices. At the age of 5 years, each culture initiates the young ones into her way of life, such as the behavioural pattern expected of the child at the home or farm. Yala Queen dancing/greeting pattern, Ogonis and her yaa/koo rites of passage into adulthood; Tivs and the sacredness of her land; Igbos and their importance of kolanut. These values are transmitted to generations of human beings through child-rearing practices. The home is the miniature society which nurtures value system. (shrink)

In my paper I will discuss both the processes of interlingual and intralingual translation of laws. The objective is to establish how the intralingual and the interlingual translation process influence or even shape a particular language of the law affecting thus the laws and the communication in a given legal system. In order to achieve this, I will initially research into the historical process that produced a series of intralingual translations of major laws in Greece and both interlingual (...) and intralingual translations of laws in Cyprus, investigate the main principles used in interlingual and intralingual translation, examine how the languages of the law in Greece and Cyprus were affected by these translations, and show how intralingual and interlingual translation influenced the law both in Greece and Cyprus. (shrink)

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

The article deals with diversity of language signs in legal terminology. The aim of the article is to show the influence of both linguistic and extra-linguistic factors on the specificity of various linguistic units in the legal terminology. Though all terminological systems possess some similar features, there may be certain traits characteristic only for some of them. As specific systems of signs, legal terminologies show some peculiarities that are discussed in the article from the (...) point of view of oppositions to highlight the semiotic specifics of language units used by lawyers and also the organization of the terminological system under consideration. The oppositions under consideration emerge due to both linguistic and extra-linguistic factors. Extra-linguistic factors determine such oppositions as terminology of law: terminology of jurisprudence, modern terminology: historical terminology, terms: nomenclature signs. Linguistic factors stipulate the opposition of primary and derived terms. A combination of linguistic and extra-linguistic factors determines the following oppositions: native terms: borrowed terms, terms of the basic terminological system: terms attracted from other spheres of knowledge. Within these types of oppositions a number of more specific ones were elicited. The interaction of synchronic and diachronic approaches the article is based on allowed the authors to focus on the permanent semantic properties of the language signs pertaining to tribal customary and modern law, and on those emerging in the course of the evolution of law. (shrink)

In this article, Spain’s system of autonomous communities as a model of regionalisation in terms of subnational integration is analysed regarding its historical background, legal framework, and political context. Regionalism is examined with special emphasis on Bask nationalism and is also discussed with reference to the recent independence movement taking place in Catalonia. The contribution of the European Union’s encouragement of regional self-government to the development of regional democracy in Spain is stated in the mentioned as well. Regionalisation in (...) Spain is important as the discussion on 2017 independence referendum in Catalonia continues to be relevant. Being within unitary state level the regionalised state model strengthened the integration of the historical nationalities/regions with Spain and soothed the influence of the separatist movements; however, with the recent rally of Catalan nationalism this model became a controversial topic. (shrink)

Concerns about threats to human autonomy feature prominently in the field of AI ethics. One aspect of this concern relates to the use of AI systems for problematically manipulative influence. In response to this, the European Union’s draft AI Act (AIA) includes a prohibition on AI systems deploying subliminal techniques that alter people’s behavior in ways that are reasonably likely to cause harm (Article 5(1)(a)). Critics have argued that the term ‘subliminal techniques’ is too narrow to capture (...) the target cases of AI-based manipulation. We propose a definition of ‘subliminal techniques’ that (a) is grounded on a plausible interpretation of the legal text; (b) addresses all or most of the underlying ethical concerns motivating the prohibition; (c) is defensible from a scientific and philosophical perspective; and (d) does not over-reach in ways that impose excessive administrative and regulatory burdens. The definition is meant to provide guidance for design teams seeking to pursue responsible and ethically aligned AI innovation. (shrink)

Xunzi is a Confucian scholar well known for his theory that no human nature is innately good. However, because it is in human nature to be greedy, it is possible to train the people through promise of reward and punishment. Xunzi has long been considered to have taught Han Feizi who has a similar notion of human nature and uses it as basis for his Legalist theories. In this paper, I compare the two philosophers based on their system of reward (...) and punishment in order to analyze the difference and the similarities between the two. Although the two philosophers share an understanding of human nature, and a system of reward and punishment based on such theories, whereas Xunzi has a belief in the possibility of edification through good influence, Han Feizi does not. Xunzi asserts that mercy is more efficient than punishment in case of petty thefts among the poor, and also that even the severest punishment cannot push a soldier to risk one’s life in battle. This goes directly against Han Feizi’s strong belief in the absoluteness of the rule of law, where no mercy is possible even for the poor, and a rigid system of punishment and reward is seen as sufficient to push the people toward risking their lives for their king. On the other hand, although Han Feizi is often criticized for his lack of regard for the people’s lives in pursuit of power for the absolute monarch, it may be seen that such unforgiving application of the law results in an orderly society which benefits the people in the long run. Therefore, it may be argued that both Xunzi and Han Feizi’s long term goal for the legal system is to bring order to society. A comparison between the two scholars proves that no one-dimensional analysis is valid, and renders it possible to understand their philosophies in a much more colorful light. (shrink)

The nature of concepts is a subject of study of various disciplines, from philosophy to cognitive sciences, leading to fragmented understandings and conceptual dissociations. Legal concepts have been studied in an interdisciplinary manner across all these disciplines, suffering from similar fragmentation. Recently, the interdisciplinary crossroads between law and cognitive sciences have brought forward the notion of legal concepts as mental representations. However, this approach largely overlooks the systemic, historical, and societal elements essential to comprehending legal concepts. The (...) aim of this paper is to advocate for the Social Representations Theory as a useful framework that bridges cognitive and socio-cultural dimensions of meaning and can provide a holistic approach to understanding legal concepts. This paper unfolds in three sections. The first section contextualizes the social representations approach within the law and language framework, emphasizing the societal influences on thought and meaning. The second section explains the notion of social representations, building upon Serge Moscovici’s definitions and Ivana Marková’s arguments for the necessity of this approach to accommodate the social dimension of meaning. The third and last section underscores the claim that legal concepts are, in essence, social representations, advocating for the usefulness of this approach in legal scholarship, both paradigmatically and methodologically, consequently arguing for an inclusion for a stronger focus on the social dimension of legal meaning. (shrink)

The continuing existence and operation of the traditional law of Aboriginal and Torres Strait Islander peoples has – relatively recently – been explicitly acknowledged in Australian law. In emerging case law on the subject, the High Court of Australia has confirmed the common law recognition of the survival of Indigenous Australian law. However, in determining what it is that is recognized by the common law – in interpreting Indigenous Australian ‘traditional laws and customs’ – the High Court has disregarded the (...) knowledge reposed in those with authority or expertise in Indigenous Australian law, relying instead upon concepts and assumptions from the jurisprudence of English legal philosopher, HLA Hart. The influence of Hart’s theory in the Australian High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’ is problematic, because it contains an obvious pre-legal–legal dualism reminiscent of the ‘state of nature’ – ‘civil society’ mechanism that was instrumental in the application of terra nullius to Australia. At the heart of The Concept of Law lies the notion of progression from a ‘primitive community’ with only primary rules, to an advanced legal system with a combination of both primary and secondary rules. In this article, I investigate how Indigenous Australians are positioned in relation to Hart’s pre-legal–legal dualism. I examine the ‘primitive’, pre-legal society in The Concept of Law, and its counterpart, the advanced legal system, to analyze the position of Indigenous Australian societies and law in Hart’s scheme. Finally, I analyze the construction of the dualism and consider its impact on the High Court’s interpretation of Indigenous Australian ‘traditional laws and customs’. (shrink)