Search

Research Objectives: Definition of regular editors and their types. And knowing what is required to protest it. And to highlight the strength of its authority in the Saudi system and Islamic jurisprudence. Research Methodology: I adopted the pairing approach between the original and comparative approaches, by extrapolating the largest possible number of research sources and their advanced and late references. And the obligation to present issues in the Saudi system, then in Islamic jurisprudence, and then compare them. When dealing with controversial issues, the subject of dispute is edited, then the sayings are presented in proportion to their utterers according to the chronological order of the four schools of thought with their evidence, then the weighting and its reason. The most prominent results: The Saudi system is very much in agreement with what is stated in Islamic jurisprudence. Moreover, the editors are a systematic term that corresponds to the papers written in Islamic jurisprudence. The Saudi system of ordinary papers that are not prepared for proof and whose authenticity is confirmed are proven authentic before the competent authorities with conditions. [ABSTRACT FROM AUTHOR]

Keeping the soul healthy has been one of the ancient goals of mankind along history, and its necessity has also been emphasized in religion. One of the ancient therapeutic methods approved by Shari'a is hijāma (cupping). In addition to encouraging cupping, some of its rulings have been stated in many traditions which jurists and hadith commentators disagree on their clarification in detail. Using a descriptiveanalytical method, this article has investigated the position of cupping therapy and the quality of the cupping therapist (hājim)’s guarantee. In addition, it analyzed jurisprudential views in these two areas. To solve the problem of incapability of two opposed groups of narrations, in which some condemn cupping while others encourage it, it is concluded that the reason for the condemnation is the possibility of blood getting on the cloth and body of the cupping therapist and the health conditions of the past, so that, like other professions, it is basically permitted (mubāh). Regarding the hājim’s guarantee, if his mistake causes injury to life or limb, it is obligatory to pay the blood money (dīyi). If it is intentional, retribution (qisās) is the basic ruling, and in the case where it is not possible to match the retribution, or in case of the request of the mahjūm (person who was cupped) or his legal avenger of blood, the payment of blood money is obligatory. [ABSTRACT FROM AUTHOR]

With several fiesh.faces on the bench, lawstlits have been testing the waters on a variety of issues m deternline the direction of this new Supreme Court. One of these issues is religion, which has been a lively issue®r centuries, and remains a contentious legal issue today. In 2021, the Court granted certiorari to Fulton v. City of Philadelphia, providing it the opportunity to clean up decades of.free exercise precedent gone awry. The Court ruled unanimously in.favor of the petitioners but fuiled to fix the recurring issue.s of the modern free exercise jurisprudence. A majority of the court declined to overturn Employment Division Department of Human Resources of Oregon v. Smith, a controversial decision from its inception that has been rebulled by Congress and widely criticized fur running atind of the Free Exercise Clause. In Fulton, the Court of fired a narrow holding and did not address the core issues at the heart of the case. Because of the Court's shortcomings, the problems of Smith remain and leave the Free Exercise Clause in a precarious state. [ABSTRACT FROM AUTHOR]

Artificial intelligence (AI) is the intelligence exhibited by machines or software. Expert systems are one of the common applications of artificial intelligence. Legal expert systems are programs which can reason and think like lawyers. There is an urgent need to develop a legal expert system for the people to solve their legal troubles in order reduce problems to people frequently arising legal solutions or legal queries, there is a need legal lawyer is mandatory, so there is an urgent need for the use of practical AI solutions in many of areas for problems which people encounter in their daily lives. This research paper introduces the introduction, structure, applications or review of a legal expert system. This paper also discusses the advantages, new tools and various research aspects in low expert systems. This paper intends to outline current research trends which are found in low expert systems literature. [ABSTRACT FROM AUTHOR]

In this paper, we offer a conjunctural analysis of policing and incarceration, examining their expansion in relation to structural economic conditions over the last 50 years and interrogating how the sudden onset of the Covid-19 pandemic enabled extraordinary growth in policing powers in the Australian jurisdictions of New South Wales (NSW) and Victoria (VIC). We examine how popular support for police-led responses to crisis and fines as a common-sense solution to social problems were sought during the period that the Public Health Orders were in effect in the two states. We argue that the discursive project of naturalizing the police-led response to the pandemic—via official communications from the state governments as well as media coverage of the pandemic—attempts to further entrench a vision of law and order governance in which infrastructures of discipline and punishment are necessary and inevitable. We identify this vision as a direct barrier to abolition and a significant limit on the capacity to imagine alternative frameworks for justice. We end by considering a small archive of tweets from users in NSW and VIC published on the social media platform formerly known as Twitter (now called X) in 2020–21. We argue that this archive registers the way the common-sense status of the fine as an efficient, effective, and equitable punishment gives way to punitive fantasies about police and prisons. We read this archive alongside the broad refusal to pay Covid-related fines and the ongoing legal disputes contesting the legitimacy of their issuance, concluding by proposing that the conjunctural moment of the Covid-19 pandemic has given rise to unresolved contradictions between the naturalized logic of law and order crisis management and the potential for this logic to come undone. [ABSTRACT FROM AUTHOR]

Amidst the complex landscape of human rights, vulnerability has emerged as a critical concept in the protection of minority groups. Though the European Court of Human Rights integrates multifaceted dimensions of vulnerability within its jurisprudence, a deeper examination reveals troubling inconsistencies in cases related to discrimination against minority groups. Discrimination often perpetuates historical biases and societal norms that marginalize certain communities, and the Court's current approach intermittently falls short of addressing these deeply entrenched issues. Whilst the Court does employ the concept of vulnerability to highlight states' affirmative obligations and grave violations, it does so inconsistently, neglecting to thoroughly explore economic disparities, social origins, or cultural biases that could contribute to vulnerability. This inconsistent treatment of certain aspects of vulnerability may unintentionally perpetuate unequal treatment, further entrenching systemic discrimination. The selective use of the vulnerability concept hints at a more profound challenge that confronts the Court in safeguarding human rights. If the Court address specific dimensions of vulnerability, does it leave other marginalized groups without adequate legal recourse or protection, therefore exacerbating the systemic injustices that persist in European societies? This paper examines two principal aspects: the first focuses on the place of establishing a legal definition of vulnerability; the second debates the role of the European Court of Human Rights' practices in establishing criteria's of vulnerability. The paper aims to underline the evolution of the Strasbourg judges in incorporating vulnerability into their jurisprudence and explore how, despite an initially cautious approach, the Court has developed a varied and multifaceted use of the concept. [ABSTRACT FROM AUTHOR]

Kantian legalism is now the dominant scholarly interpretation of Kant and an important approach to legal and political philosophy in its own right. One notable feature is its construal of the relationship between law and politics decisively in law's favour: Law subordinates politics. Political judgment is constrained by and only permissibly exercised through law. This paper opposes this subordination through a close analysis of an ambiguity in Kant's conception of sovereignty. Understanding this ambiguity requires seeing that, for Kant, law cannot subordinate the sovereign's political judgment because it is a condition which makes a legal system possible. Kant was not an exacting legalist, but a practical reasoner struggling with the pressures politics imposes on finite beings. Through discussion of a leading contemporary approach, and close engagement with its historical source, the paper raises new considerations about the relevance of political judgment in the relationship of law and politics. [ABSTRACT FROM AUTHOR]

This special issue on Logic and Law consists of four research papers and one interview focusing on epistemological reflections on relationships between logic and law, whether in a reductionist or complementary approach. Logic aims to elucidate through formal frameworks, yet it often grapples with the intricate nuances of everyday legal discourse. While law endeavors to delineate permissible conduct within defined jurisdictions, it often encounters challenges stemming from the ambiguity of terms, leading to frequent judicial interpretations and the perception that proliferating exceptions undermines the efficacy of the rule itself. [ABSTRACT FROM AUTHOR]

A strong case can be made that the concept of naskh, "abrogation" or "annulment", was the most potent weapon in the arsenal of Muslim polemicists seeking to convert Jews (Burton's Encyclopaedia of the Qurʾān is highly informative but deals almost exclusively with naskh in its internal Islamic contexts, e.g., hermeneutics and legal theory). Naskh did not necessarily involve any rejection of Jewish scripture or tradition as fraudulent or corrupt. It rested on the simple premise, explicitly confirmed by the Qur'an, that the deity may alter or replace His legislation over the course of time. In the first part of this paper, I will briefly review the topic, adding some texts and observations that, to the best of my knowledge, have not appeared in the academic literature (comprehensively surveyed in Adang's Muslim Writers on Judaism and the Hebrew Bible: From Ibn Rabban to Ibn Hazm, 1996; also in Adang and Schmidtke's Polemics (Muslim-Jewish) in Encyclopedia of Jews in the Islamic World, 2010). The bulk of this paper will consist of a fairly detailed summary of an unpublished tract on naskh written by Rashīd al-Dīn Faḍlullāh Hamadānī (RD) (1247–1318), himself a Jewish convert to Islam and a monumental politician, cultural broker, historian, and author. [ABSTRACT FROM AUTHOR]

Copyright of Croatian & Comparative Public Administration is the property of Institut za Javnu Upravu and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista de Estudios de la Administración Local y Autonómica is the property of Instituto Nacional de Administracion Publica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

As the UK left the European Union, a new body of UK law, labelled 'retained EU law', was introduced to save and convert certain parts of EU law into UK statutes. This paper explores the impact of Brexit on statutory interpretation in the UK in the context of VAT. In particular, it looks at whether, and the manner in which, UK courts and the Court of Justice of the European Union (CJEU) will move in different directions when interpreting what is essentially the same law. The paper predicts the post-Brexit evolution of statutory interpretation in UK courts based on an empirical study of cases concerning VAT referred by UK courts to the CJEU between 1973 and 2020, augmented by a doctrinal analysis of selected cases. The methodology is built on the premise that past case decisions may provide an indication of the nature of possible future divergence. A case study of VAT may offer wider implications as to departure from the CJEU jurisprudence in other legal areas in the coming years. [ABSTRACT FROM AUTHOR]

Copyright of Hacettepe Law Review is the property of Hacettepe Law Review and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper assesses the legal jurisprudence in the context of African governance system and identifies jurisprudential impediments such as weak applicability of law, political interference in the administration of the state, bad governance practices, lack of democratic practices, clear travesty of justice and vagrant violations of human rights. It further observes that those jurisprudential impediments have hamstrung the development and improvement of law govern society in Africa in the twenty-first century. They have also slowed down the process of enhancing governance in African states through lack of transparency, accountability, responsibility and legitimate authority. It concludes that rightful application of law, governance reforms, an inclusive governance system, entrenchment of constitutionalism and prompt application of law in cases of violation of law, African governance system will be enhanced in the twenty-first century. [ABSTRACT FROM AUTHOR]

Copyright of European Review of Public Law is the property of European Public Law Organization and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Maimonides, as a jurist, aimed to develop the Mishnah's legislations; so, he wrote his book Mishnah Torah, which included the Mishnah's legislations, and added to it legislations to fill the gap in provisions of the Mishnah. Maimonides used the books of the rabbinic heritage to complete this deficiency in the legislation. He reclassified these legislations objectively in his book Mishnah Torah, which he wrote in Egypt in 1117 AD, according to the method of Islamic jurisprudence books and Al-Muhalla by Ibn Hazm in particular. The current paper discusses the classification and division of the Mishnah and the Mishnah Torah, in order to find out the legislations that Maimonides added to the Mishnah. Also, it clarifies Maimonides' motive for authoring Mishnah Torah. Additionally, this paper illustrates how the Islamic culture influenced on the classification and division of the Mishnah Torah according to the subject. Clearly, Maimonides was influenced in his book Mishnah Torah by Islamic jurisprudence and the book of Ibn Hazm; Al-Muhalla in particular. He reclassified some legislations in Mishnah Torah objectively according to a method of Islamic jurisprudence books. [ABSTRACT FROM AUTHOR]

Nancy Cartwright's 1983 book How the Laws of Physics Lie argued that theories of physics often make use of idealisations, and that as a result many of these theories were not true. The present paper looks at idealisation in logic and argues that, at least sometimes, the laws of logic fail to be true. That might be taken as a kind of skepticism, but I argue rather that idealisation is a legitimate tool in logic, just as in physics, and recognising this frees logicians up to use false laws where these are helpful. [ABSTRACT FROM AUTHOR]

The diversity of features attributed to populism - and, as a result, the variety of critiques leveled at it - are remarkable. It sometimes seems as though people are using the same terms to address very different phenomena. Is there any distinctive meaning to populism? Is populism inherently anti-democratic or, on the contrary, is it the epitome of democratic practice? What should an engagement with populist movements mean for the theory and practice of democracy? This paper seeks to map the discursive ecosystem that populism determines. It canvasses the phenomena often associated with populism, proposes an interrelated set of concerns that is distinctive to populism, suggests how populism intersects with propensities and affinities with which it is often associated, emphasises the role of growing economic inequality, and suggests responses to populist movements that are grounded in a truly democratic constitutionalism. [ABSTRACT FROM AUTHOR]

Globally cannabis regulations are rapidly changing. In recent years social and political pressure, not science, has driven this change. Experience from jurisdictions that have implemented regulatory change, although relatively new, should be used to inform future policy development for other jurisdictions, assisting in addressing the wicked problem that cannabis regulations present. This review aimed to elicit underlying themes from a broad range of literature exploring the effects of regulatory change relating to cannabis. To achieve this a meta-narrative theoretical approach using inductive constant comparative analysis was used to synthesize data until thematic saturation was reached. Following a systematic literature search, 92 papers were analyzed before thematic saturation was complete. Five super-ordinate themes emerged that observed the societal and health effects following legislative and regulatory change: Normalization; Economics; Gatekeeping; Community and Health. These themes, empirically derived through a formal qualitative approach, were considered regarding cultural contexts, providing an understanding of how cannabis regulation is changing the social landscape. Consideration of the themes during future research may provide a focus point for the discussion of legislation and policy, not only relating to cannabis, but also other broad-ranging areas such as social policy, welfare, education and health. [ABSTRACT FROM AUTHOR]

In this paper, I want to engage in, and move forward, a heated contemporary debate over certain normative positions within the well-known Hohfeldian table of legal relations – a table of dramatic explanatory power. After outlining the uncontroversial core of the table, I will leave the realm of uncontroversiality to enter the realm of controversy. I will enter, and stake out a stance in, a debate over the no-right position. Upon introduction of no-rights, a splinter occurs. There are two positions one might take on no-rights, which I call the Strict Hohfeldian and the Dual. My paper offers decisive reason to favour the latter. Lest there be any doubt – arising from the paper's chief focus on no-rights – the conclusion is one of great philosophical significance: by the paper's end, we will, if only at the high level of abstraction at which this paper is pitched, have a complete understanding of Hohfeld's table. [ABSTRACT FROM AUTHOR]

The use of historical arguments in legal reasoning today is relatively rare and often superficial. The aim of the paper is to clarify whether the situation can be changed and whether this would be useful for the interpretation of codified private law. In the author’s view, a change in this direction will be possible and justified when historical arguments are made available in a way that is clearly linked to issues of contemporary practice and is addressed to lawyers who believe in the existence of objective premises of rationality in law and are open to including historical arguments into topical reasoning in order to support a solution that he or she considers legitimate. The author believes that the best way for making historical arguments available for such a purpose is a historical commentary on the Civil Code. The article presents a conception for such a commentary. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho Privado (0123-4366) is the property of Universidad Externado de Colombia, Departmento de Derecho Civil and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Digital de Derecho Administrativo is the property of Universidad Externado de Colombia and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The article examines the concept of legal science, education and practice in the context of their interaction. It is noted that the main task of the domestic system of higher legal education is to find a balance between fundamental theoretical training and practical skills. Some types of legal practice require thorough knowledge in the field of both national and international law. Many universities focus on studying the legislation of other countries and foreign languages. In addition, modern political processes require revision of work programs of disciplines, for example, related to the activities of international organizations. For the future professional, we consider it important not only to consolidate theoretical knowledge and mechanical skills, but also to form legal thinking (develop analysis, argumentation, decision-making, responsibility). It is emphasized that the changes in the field of legal education are enshrined in the Report of the European Commission on Ukraine’s progress towards joining the EU, which was published in November 2023. Among other things, there are requirements: to clearly distinguish between legal education and personnel training for law enforcement agencies; strengthen law school admission requirements and law school licensing requirements; introduce a transparent distribution of state orders; review educational programs with an emphasis on ethics, practical training, EU law and international exchanges; implement EDKI. When modernizing legal education, it is also important to pay attention to the learning process, in particular, it is necessary to diversify the activities of students. In addition to traditional lectures, seminars and the previously mentioned practices, the experience of writing coursework and final qualification papers, participation in model processes is important for future lawyers, as this allows for the formation of a general and legal culture of writing and speech, a legal position in a case and the skills of conducting a discussion. It is concluded that new legal mechanisms are being formed in modern Ukraine, which is manifested, in particular, in active law-making, qualitative changes are taking place in legal awareness, including professional awareness. Under such conditions, professional legal education, which involves the formation of students’ practical skills, becomes invaluable. While preserving the training of professionals for a narrow field of legal activity, university education on the basis of domestic and European legal science should be developed at the same time. A university student will be able to become a good specialist only if he studies legal concepts, categories, constructions and ways of their expression in various legal realities. Such knowledge will not become obsolete in a few years, even if the current legislation changes. [ABSTRACT FROM AUTHOR]

Copyright of Darulhadis Journal of Islamic Studies / Darulhadis Islami Araştırmalar Dergisi is the property of Darulhadis Islami Arastirmalar Dergisi and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Earth system science indicates the existence of planetary boundaries. Several of these ecological limits have been transgressed, raising serious human rights concerns. Concurrently, persistent poverty and significant economic disparities continue to challenge societies and human rights law and scholarship. How to reform economies to respect planetary boundaries and at the same time address deprivation and socio-economic inequalities is the subject of a rich 'degrowth' literature. Surprisingly, this literature received minimal attention from human rights scholarship. Building upon Raworth's influential concept of Doughnut Economics, this paper aims to bridge this gap by investigating whether human rights can encompass ecological limits (outer circle of the doughnut) and how these limits relate to social priorities embodied in human rights law (inner circle of the doughnut). To do so, the paper is structured along two sub-sections. The first section examines the relevance of core planetary boundaries, particularly biosphere integrity and climate change, within the context of human rights law. In the second section, the paper addresses the relationship between the inner and outer circle of doughnut economics from a human rights perspective. Drawing on critical literature, the article problematizes the 'growth paradigm' in human rights practice but also offers alternative readings. In this final part of the article, the author demonstrates how central doctrines of ESC rights, such as progressive realization and non-retrogression, could be interpreted in a way agnostic of economic growth. [ABSTRACT FROM AUTHOR]

The correlation between international regulations and domestic regulations in the field of human rights and freedoms" analyses the relationship and mutual impact between international human rights norms and standards and the domestic legislation of the States. The paper investigates the importance and ways in which international regulations influence and are implemented in the domestic legislation of States to ensure the protection and observance of human rights. First of all, States have to pass appropriate domestic legislation to implement and give practical effect to international human rights norms and standards. This means that domestic regulations must be consistent with States' international obligations and ensure the protection and respect of human rights at a national level. Secondly, international human rights regulations can serve as instruments for interpreting and applying domestic law. States can use international standards as references for interpreting and applying their domestic laws, thereby ensuring that human rights are duly observed and protected. [ABSTRACT FROM AUTHOR]

This paper establishes interpretative criteria for the aesthetic evaluation of contemporary gardens and parks, specifically focusing on a dendrological park. Initially, it examines the potential of a "contract with nature" as a foundational basis for such evaluation but subsequently challenges this notion. The paper posits that political and material-ecological aspects significantly influence aesthetic judgments in these spaces. It argues that these elements are integral to eliciting a direct aesthetic experience and necessitates explicit explication in their interpretation. This study further interprets gardens and parks as akin to works of art in that they represent, albeit without conventional subject matter, the nuanced relationships to the lives of individuals. The paper elucidates the more profound, often unspoken dialogues between nature, culture, and individual experience by viewing these spaces as representational mediums. [ABSTRACT FROM AUTHOR]

The aim of this paper is to argue that our understanding of the issue of institutional group minds might be broadened if we consider alternative meta-metaphysical frameworks to those which are presently presupposed in the field. I argue that the two major camps in the contemporary philosophical debate about group beliefs, namely strong realism and eliminative reductionism, share a commitment to some form of meta-philosophical realism. Two alternative metaontological frameworks for the discussion of the issue of group belief are outlined: fictionalism and deflationism. Fictionalism about group minds, although unpopular in the philosophical debate, is still a much-discussed option in legal theory and the theory of the firm in economics. I argue that, once formulated properly, the fictionalist position deserves serious consideration. The other alternative option is deflationism: I develop a sketch of the deflationary approach to group beliefs that is based on Thomasson's approach to the existence of groups. The final parts of the paper are devoted to a discussion of the resulting four-element classification of the possible views on the reality of group minds: realism, eliminative reductionism, fictionalism, and deflationism. I offer some proposals with regard to the criteria that might be used to choose between these theories. [ABSTRACT FROM AUTHOR]

This paper offers general support for what Valerie Plumwood's paper is trying to achieve by supporting the rejection of each of her four "false laws of logic": exportation, illegitimate replacement, commutation (aka. permutation) and disjunctive syllogism. We start by considering her general characterizations of entailment, beginning with her stated definition of entailment as the converse of deducibility. However, this applies to a wide range of relevant logics and so is not able to be used as a criterion for deciding what laws to include in a logic. In this context, we examine the two key differences between deduction from premises to conclusion and entailment from antecedent to consequent. We also consider her use of sufficiency as a general characterizing feature. We then discuss Plumwood's syntactic criteria used to reject the first three of her false laws of logic and add the Relevance Condition in this context. We next consider semantic characterizing criteria for a logic. After making a case against using truth, we introduce Brady's logic MC of meaning containment. We then examine the content semantics for MC and use it to reject all of Plumwood's false laws of logic together with some others. We follow with the related Depth Relevance Condition, which is a syntactic criterion satisfied by MC. This clearly rejects the first three of these laws and many others, but not the fourth law. We conclude by giving our overall support for her general enterprise. [ABSTRACT FROM AUTHOR]

Copyright of Acta Universitatis Lodziensis. Folia Luridica is the property of Wydawnictwo Uniwersytetu Lodzkiego and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

This paper explores the influence of the Aristotelian theory of science and the philosophical tradition of writing prolegomena upon a classical legal theory text. Through investigation of commentaries and glosses on preliminary topics in the introduction of Mukhta~ar al-Muntahā, an Islamic legal theory textbook, we will see how the conception and presentation of Islamic disciplines was influenced by the theory of science. The Aristotelian theory of science propounded that each scientific discipline comprises three elements: subject matter, principles, and problems. Meanwhile the philosophical tradition advocated for writing a proper prolegomenon, which included introducing a work with several preliminary topics, elucidating its subject matter and defining its purpose. The paper shows how these two influences, the Aristotelian theory of science and the tradition of writing prolegomenon, intersected in the commentaries and glosses on the initial section of a handbook of Islamic legal theory, the Mukhta~aral-Muntahā of Ibn al-Hājib (d. 646/1249), a prominent linguist and Maliki jurist. This text was subject to numerous commentaries and glosses. This paper will focus on those written around the fourteenth century, authored by notable figures such as Qādī Baydāwī (d. 691/1291-92), Diyāʾ al-Dīn al-Tusī (d. 706/1306-7), Qutb al-Dīn al-Shīrāzī (d. 710/1311), Jamāl al-Dīn al-Hillī (d. 726/1325), Badr al-Dīn al-Tustarī (d. 732/1332), Rukn al-Dīn al-Astarābādī (d. 715/1315), Shams al-Dīn al-Isfahānī (d. 749/1349), ʿAdud al-Dīn al-Ījī (d. 756/1355), Saʿd al-Dīn al-Taftāzānī (d. 792/1390) and al-Sayyid al-Sharīf al-Jurjānī (d. 816/1413). The analysis herein will focus on their discussion of two preliminary sentences, which reveal a tension between the notions of mabādiʾ as principles and mabādiʾ as beginnings, the former in relation to the theory of science and the latter in relation to the tradition of writing proper introductions. The paper demonstrates that Islamic legal theory was conceptualized and presented in accordance with the philosophical theory of science, as reflected in the commentaries on Ibn al-Hājib’s Mukhta~ar, and that it stimulated a new conception of mabādiʾ that encompasses both its literal and terminological meanings. Ultimately, the debates on this topic gave rise to an argument justifying knowing the aspect of unity of a science and a critique of the theory of science at that time, challenging the idea that the genuine elements of a science are three, asserting instead that they are one. [ABSTRACT FROM AUTHOR]

According to general principles and references to valid verses and narrations, tooth, like other human body parts, is subject to retribution. However, there is a dispute among scholars of the Imami sect regarding the ruling on retribution for tooth fracture. They can be divided into three groups: some believe in the permissibility of retribution for tooth fracture, some believe it is not permissible, and some remain silent on the issue. In 2013, the legislator of the Islamic Republic of Iran accepted the theory of permissibility of retribution in Article 412 of the Penal Code. The proponents of permissibility rely on evidence from Quranic verses (Al-Baqarah, 194) and some narrations. After examining the presented evidence, this paper concludes that the reliance of proponents on the permissibility of retribution is comprehensive, whether it is specifically or generally related to the tooth, as it does not meet the conditions for exemption from retribution under the principle of nonretribution for bones. Although the implementation of retribution is subject to the absence of other obstacles, this paper, by examining the general principles and references in the issue, proves the accepted viewpoint in Islamic Penal Law regarding retribution. [ABSTRACT FROM AUTHOR]

Futures contracts (in the form of gold and currency) have provided a modern tool for production and profit-making for traders, becoming a crucial foundation in financial markets. However, the legal and Sharia rulings regarding these transactions have been ambiguous, with some cases falling under fraudulent practices or the acquisition of unlawful wealth. The legal-fiqhi analysis of this subject has lacked a comprehensive background, and no solutions have been proposed to overcome the Sharia obstacles. The innovation of this paper lies in its descriptive-analytical approach, which examines and critiques evidence, determines the legal and Fiqhi position of these transactions, and strengthens the arguments against their gambling nature, speculation, and illegality. Additionally, the paper emphasizes the requirement for the validity of these contracts, which is the presence of genuine and serious intention in the transaction, along with its occurrence in the form of a peace agreement and the genuine intent of both parties in the negotiation. Another objective of this article is to propose a guarantee mechanism for the criminal and legal enforcement of exiting such transactions from the domain of Sharia and law. [ABSTRACT FROM AUTHOR]

Purpose: Unequal social conditions that provide people with unequal opportunities to live healthy lives are considered unjust and associated with "health inequity". Governing power is impacting people's lives through laws, policies and professional decisions, and can be used intentionally to combat health inequity by addressing and changing people's living- and working conditions. Little attention is paid to how these ways of exercising governing power unintentionally can structure further conditions for health inequity. In this paper, the authors coin the term "governance determinants of health" (GDHs). The authors' discussion of GDHs potential impact on health inequity can help avoid the implementation of governing strategies with an adverse impact on health equality. This paper aims to discuss the aforementioned objective. Design/methodology/approach: The authors identify Governance Determinants of Health, the GDHs. GDHs refer to governance strategies that structurally impact healthcare systems and health equality. The authors focus on the unintended, blind sides of GDHs that maintain or reinforce the effects of socioeconomic inequality on health. Findings: The power to organize healthcare is manifested in distinct structural approaches such as juridification, politicalization, bureaucratization and medical standardization. The authors explore the links between different forms of governance and health inequalities. Research limitations/implications: The authors' discussion in this article is innovative as it seeks to develop a framework that targets power dynamics inherent in GHDs to help identify and avoid GDHs that may promote unequal access to healthcare and prompt health inequity. However, this framework has limitations as the real-world, blurred and intertwined aspects of governing instruments are simplified for analytical purposes. As such, it risks overestimating the boundaries between the separate instruments and reducing the complexity of how the GDHs work in practice. Consequently, this kind of theory-driven framework does not do justice to the myriad of peoples' complex empirical practices where GDHs may overlap and intertwine with each other. Nevertheless, this framework can still help assist governing authorities in imagining a direction for the impacts of GDHs on health equity, so they can take precautionary steps to avoid adverse impacts. Originality/value: The authors develop and explore – and demonstrate – the relevance of a framework that can assist governing authorities in anticipating the impacts of GDHs on health inequity. [ABSTRACT FROM AUTHOR]

This paper aims to explain diversion efforts in sexual violence crimes committed by children. Knowing the weaknesses of diversion efforts if these efforts are applied in sexual violence crimes committed by children. This paper uses a normative juridical method with a statutory approach as well as a conceptual approach with two legal materials, namely the law on criminal acts of sexual violence, the law on child protection and the law on the juvenile justice system. The result of this study is that the crime of sexual violence is a crime against the sexuality and dignity of another person's body. The perpetrators of this crime are not only adults but also children who will later be referred to as children in conflict with the law. The perpetrator's child has a different justice system as stated in the spa law with its specialty, namely diversion efforts. However, this does not support the goal of diversion itself which prioritizes the interests of the victim and provides a deterrent effect on children as perpetrators. It is said that diversion efforts will be enforced if the sentence is under 7 years, whereas there are articles that provide sentences under 7 years. The conclusion of this study is that the diversion effort does not fulfill the objective value of the diversion itself and can result in a loss of deterrent effect on the perpetrator so that the interests of the victim are not prioritized. [ABSTRACT FROM AUTHOR]

This paper seeks to address the issue of how evidence obtained in violation of a Charter-protected right is to be dealt with in civil forfeiture proceedings. In arriving at the answer, the governing jurisprudence in this area of the law will be canvased to provide a contextual background that informs the parameters of this discussion. However, it will ultimately become clear by the end of this paper that evidence obtained in violation of a Charter-protected right should be dealt with by way of section 24(2) of the Constitution Act, 1982, and the use of a modified Grant test. Civil forfeiture is the process by which the state commences legal action to obtain property that was seized as an instrument or proceed of unlawful activity. Although property can be forfeited through a number of different mechanisms, the scope of this paper is limited to forfeiture proceedings commenced by way of civil action under provincial legislation with a focus on British Columbia. The case law presented in this paper will focus primarily on appellate court decisions from across the country due to the scarce attention this area of the law has received. These cases will highlight the endeavours of litigants who sought to undermine civil forfeiture proceedings through the use of common law principles and the Charter. Finally, commentary will be provided on the direction future research in this area of the law should take. [ABSTRACT FROM AUTHOR]

This paper addresses the issue of command liability for severe criminal offenses committed by means of autonomous and semi-autonomous weapons. Research has shown that the leading military forces around the world are intensively working on designing autonomous weapons, which will provide them an enormous tactical ad logistical advantage in warfare. As the national and international law concept of command responsibility to date has been based on the idea of humans selecting and ordering the destruction of targets, the author raises the question of whether this has also created a set of legal norms that could adequately regulate such situations in the context of new warfare techniques. The first section of the paper briefly outlines the direction of the development of autonomous weapons. The second section analyzes the provisions on command responsibility of the Rome Statute and the Statute of the ad hoc tribunals for Yugoslavia and Rwanda. The national legislation of some countries and the significant jurisprudence in this field is also analyzed and projected into the context of semi-autonomous and autonomous warfare. A special emphasis is placed on the issue of unconscious negligence. The objective of the paper is to indicate the legal gaps and to propose guidelines for future development. [ABSTRACT FROM AUTHOR]

In this paper, we show that the ambiguousness of international legal principle is an open vessel for the receiving domestic politics to appropriate, so much so that it becomes self-contradictory. To a great extent, this international legal ambiguity has rendered international legal principle to be meaningless. To substantiate it, we discuss how global maritime cabotage principle is being translated in Indonesia. The Indonesian case suggests that both legal and extra-legal considerations have equally informed the ever-shifting meaning of cabotage principle. Clearly, this signifies that the process of domestic legislation plays the determining role in defining the semantic content of an international legal principle. In other words, it is important to take the domestic process of legislation seriously. As such, this paper presents a contribution to the discourse of the rule of law building in developing legal systems, such as Indonesia. [ABSTRACT FROM AUTHOR]

An introduction is presented in which the author discusses articles within the issue on topics including innovation and reform in the law of trusts, jurisprudence on statutory trusts, and reform of charitable trusts and corporations in England, Wales and Australia.

Under criminal jurisprudence, a crime is generally different from an offence, however, in Pakistan, both of them are seen as the same thing. There are different categories of crimes under Anglo-American jurisprudence, however, Pakistan does not follow this model and has categorized offences into three types on the touchstone of the presence of mens rea as the significance of mens rea is such that its presence or lack thereof changes the whole category of crime altogether. There are three essential elements of a crime: mens rea, actus reus, and concurrence, and the Pakistani Courts with a handful of exceptions mention the first two as the only elements while forgetting concurrence. While there is a presumption of mens rea for every offence, the same can be ruled out by the statute itself. The onus to prove the guilt of the accused is on the prosecution through reliable and admissible evidence as a person is deemed innocent until proven guilty. The methodology used in this paper is doctrinal. [ABSTRACT FROM AUTHOR]

The anthology Collective Action, Philosophy and Law brings together two key strands of philosophical inquiry: social ontology and jurisprudence. Most of the papers use collective agency as a starting point to get a better grasp on collective entities and activities in the legal domain, but others reverse the approach and use legal examples to refine theories of collective agency. The introduction provides a comprehensive overview of the literature on collective agency, emphasizing issues in jurisprudence and legal practices where collective agency plays a central role. It also offers a detailed overview of the anthology’s structure and contents. With thirteen papers organized into four parts, the anthology covers a broad spectrum of topics. While each paper deserves in-depth exploration, this review will provide a brief summary of all the papers, followed by concise discussions of the contributions of Sara Rachel Chant and Bill Wringe. [ABSTRACT FROM AUTHOR]

The Supreme Court's decision in Carson v. Makin is the third in a trilogy of cases dramatically upending the meaning of the First Amendment's Religion Clauses. Beginning with Trinity Lutheran v. Comer in 2017 and followed by Espinoza v. Montana Department of Revenue in 2020, the Court has moved forward with an aggressive project of transforming the Religion Clauses into a broad anti-religiousdiscrimination clause. In this paper, I trace this doctrinal devolution and argue that the Court's novel reinterpretation is deeply misguided. By design, the Religion Clauses require discrimination--religion is to be treated differently from non-religion in a broad range of state action. The contemporary Supreme Court, however, has inverted this most basic insight. The Court's new Religion Clause jurisprudence is also on a collision course with its burgeoning government speech doctrine. This doctrine recognizes that in a democratic polity, every policy choice entails paths not chosen. Government must be able to select its own message, and in turn, discriminate against those messages it wishes not to communicate, tempered by accountability at the ballot box. Granted, to say that discrimination is sometimes required under the Religion Clauses and the Government Speech Doctrine is not to say discrimination against religion is always constitutional. Protections against objectionable discrimination remain as vital as ever. The Court's public forum doctrine, for example, protects free expression of religion from content-based discrimination when the government itself is not speaking. The heart of the Court's recent Religion Clause decisions, however, is a jurisprudentially backward constitutional mandate that government actively subsidize religious speech to avoid a Religion Clause "discrimination" claim. It is a command that government express ideas it may not wish to express. The Court's reimagining of the Religion Clauses is inconsistent with the First Amendment's original meaning, potentially harmful to both government and religion, and in direct tension with the Government Speech Doctrine. [ABSTRACT FROM AUTHOR]

The current research paper aims to critically study translating Ayahs Aleudul ... in the Quranic contexts from an interdisciplinary jurisprudential linguistic perspective. The findings of the study showed that Aleudul ... in the Qur'anic context is a phenomenon that reoccurs in many ayahs. The researcher selected one of the many: the Quranic Arabic Aleudul ... .in Ayah 33 of Surat al-Ahzab to explain the phenomenon and discuss it in detail. The study also showed that the Quranic Arabic Aleudul ... came in the Qur'anic context to reveal the importance of the meaning to be explained in the context to which it is assigned. The foremost of the problems encountered by translators of the Holy Quran was the dearth of most exegesis relating to this recurring phenomenon in the Holy Qur'an. This is because exegesis is founded on the segmentation of the ayahs rather than a single ayah to determine their denotations and memorize the rulings from them only once. [ABSTRACT FROM AUTHOR]