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This study aimed to explore local wisdom treasures related to the study of legal culture which was not widely known by the public. This study used a mix of anthropological and juridical philosophical methods. It used the socio-legal study approach conducted through direct exploration and structured interviews. Results showed that Dayak Bakumpai indigenous people highly uphold the inclusive cultural principles contained in the Huma Betang philosophies. One of the philosophies was the resolution of mining land conflicts, influenced by the culture's positive values. This value was adopted from an inclusive culture in the Belom Bahadat values that are upheld by the Bakumpai Dayak community. Meanwhile, conflict resolution was carried out through "Bahandep Bahapakat Rakat", which is a practice of helping each other in deliberations. This is so that the headman or local traditional leader can help people return to harmony. [ABSTRACT FROM AUTHOR]

Purpose: Whistleblowers are individuals who detect and report misconduct in an organization. They help to mitigate organizational misbehavior and resulting damages effectively and relatively quickly. Whistleblower protection has not been systematically required in the European Union (EU), leaving many large organizations unregulated. This study aims to get in-depth insights into how unregulated organizations design, handle and view whistleblowing with the advent of a novel EU Whistleblowing Directive. Design/methodology/approach: The authors conducted 17 semistructured interviews with a diverse group of organizations headquartered in Germany and inductively analyzed them following Grounded Theory. Linking the Grounded Theory to the legal endogeneity model, they developed seven perspectives that help to explain how organizations view whistleblowing. Findings: In trying to make sense of the role of whistleblowing in the organization's governance, organizations and their managers assume different perspectives. These perspectives guide their approach to whistleblower protection in the context of evolving regulation with little regulatory guidance. Perspectives vary in the degree of supporting whistleblowing regulation, from viewing whistleblowing as a natural, everyday governance tool to denying it and fearing denunciation. Most organizations exhibit several perspectives. Originality/value: Little is known about day-to-day whistleblowing practices from the perspective of organizations. The authors fill this research gap by providing initial evidence on how organizations approach whistleblowing and the EU Whistleblowing Directive. Identifying organizations' perspectives may help us understand how ineffective or noncompliant whistleblowing systems emerge and how organizations can improve. [ABSTRACT FROM AUTHOR]

This article provides an account of the structure of property law based on the principle of subsidiarity. This principle holds that more centralized organizations, including governments, should fulfil a subsidiary role in relation to the individuals and groups of which they are comprised. While subsidiarity has been highly influential in the areas of public law, constitutional law, and international law, its relevance to property law has been underappreciated. Property rights distribute decision-making authority over resources to non-state parties. This promotes a number of interrelated benefits associated with subsidiarity, including the qualitatively distinct contributions made by individuals and groups to the common good, the instrumental benefits of decentralized decision-making, the intrinsic benefits of involvement in actions and decisions affecting oneself, and the development of virtues. However, the principle of subsidiarity also suggests important roles for public authorities, including assuring an appropriate distribution of resources in society and intervening where the private authority of owners fails to uphold the common good. In this respect, subsidiarity offers a distinctive understanding of the divide between private and public law. Private law doctrine appropriately provides owners with a significant sphere of presumptive authority, yet this is subject to broad powers of public authorities to alter the baseline where, in their judgment, the common good requires it. This article argues that the concept of subsidiarity can help to bridge the divide between progressive property theory and theoretical approaches that emphasize the authority of owners. It can also contribute to an understanding of the concept of property, public access rights to private property, property-based community governance, and legal protections for property rights. [ABSTRACT FROM AUTHOR]

International human rights jurisprudence has increasingly mandated state action which integrates a gender perspective, taking into consideration the discriminatory norms, harmful social practices, stereotypes, and violence that women have and still suffer. A range of supranational bodies have issued case decisions promoting the adoption of gender-sensitive legislation, policies, programs, and the establishment of administration of justice systems well-trained and equipped to address women's rights violations. This article discusses how the conception of this gender perspective has evolved over time and is now centered on the pursuit of autonomy for women. Autonomy is presented as a key ingredient to ensure due respect for women's self-direction, agency, and dignity. This evolving approach is a move towards intersectional autonomy, which advances the notion that women should be the sole architects of their life plans, based on their identities and different experiences, and meaningfully participate in their societies. Creating the conditions for free and informed choices underpins current women's rights jurisprudence. This is a break from historical notions of human rights protection solely focused on women as victims, as members of a homogenous group, and a limited binary perspective to their rights. This article discusses illustrative decisions of this tendency from the European Court of Human Rights, the Inter-American Commission and Court of Human Rights, the United Nations Committee on the Elimination of Discrimination against Women, and the United Nations Human Rights Committee, among other bodies. This article further proposes that intersectional autonomy is treated and interpreted in the future in international jurisprudence as a right, with independent content, offering guidance to states on needed laws, policies, programs, and services at the local and national levels. This human rights development is presented as essential for international law standards concerning women to be impactful and truly transformative at the national level. This article analyzes the main elements of the right of women to intersectional autonomy, and states' negative and positive obligations in its fulfillment. The author is currently pursuing a line of research exploring contemporary understandings of the international human rights of women, and how existing legal standards should evolve based on modern scenarios and realities. This article represents a contribution to this line of scholarship. It aims to increase understanding of the connection of the concepts of intersectional discrimination and autonomy, how they can be analyzed by global and regional human rights jurisprudence, and their promise to enhance effectiveness in international law concerning women. [ABSTRACT FROM AUTHOR]

The article underscores the significance of the University of Miami Law Review's dedication to analyze the jurisprudence and administration of the Eleventh Circuit. It aligns this tradition with the principles outlined by Alexander Hamilton in Federalist 78, emphasizing the importance of an independent judiciary bound by precedent to ensure impartiality in law enforcement.

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 Foco (Interdisciplinary Studies Journal) is the property of Revista Foco 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 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 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.)

Mia Couto is a Mozambican writer known for an aesthetics of the fantastic in his numerous works. In most of his writings, he blurs the distinctions between the human and the non-human, land and water, the natural and the supernatural. This is particularly evident in his 2006 novel Sleepwalking Land, set in the context of the Mozambican civil war. This paper argues that the elusive figure of the water spirit is an ideal lens by which to read Sleepwalking Land to capture the complexity of the horrendous civil war. Drawing on magical realism, I consider Couto's use of water-based indigenous beliefs to underscore ideas of flexibility and mobility in a land ravaged by war, while revising the myth of powerful water spirits in line with the raging civil war. The chaos of war is amplified in the novel through actions of spirits that encroach on the human world, influencing events and problematizing the laws of logic, time and space. Their intractability enables Couto to foreground ambiguity and hybridity with characters who assume different forms at different stages of the fragmented plot, mirroring the raging war. [ABSTRACT FROM AUTHOR]

This article aims to investigate the jurisprudence of the Constitutional Court regarding the public administration reform in Romania. We take into consideration the motivation of the public authorities involved in the law-making process, as well as the interpretation of the judges of the Constitutional Court concerning the legislative steps regarding the adoption of an Administrative Code, decentralization, the transfer of competences, the status of civil servants, and finally the legal regime of the newly established or reorganized institutions/authorities.The study also evaluates the steps to reform the public administration concerning the observance of the principles of constitutional loyalty, the separation of powers, the supremacy of the Constitution, and the role of the Parliament.

The majority of the scholars of usul al-fiqh have referred to Imru al-Qays' kalām in various topics of this science. The most frequently cited section of Imru al-Qays's poetry was the al-'alfāz, and the least frequently cited sections were the proofs and rulings. As for the section on ijtihad, Imru al-Qays's poem is almost never consulted in this section. This shows that the importance of Imru al-Qays's poetry is limited to the sciences of eloquence, rhetoric, and similar linguistic sciences. The Zāhirī scholar Ibn Hazm al-Andulusī (d. 456/1064), after stating that sharī'ah in the lexicon means 'the place where the source of water from a river is prepared for the rider and the drinker', made an istishād with Imru al-Qays' poem for this meaning. The Hanafī scholar Abū Bakr Shams al-A’imme Muhammad b. Abī Sahl al-Sarahsī (d. 483/1090) used Imru al-Qays' poem as an example for the ijāz and tawatur of the Qurʾān. Another Hanafī scholar, known as Mullā Fannārī (d. 834/1532), recorded something similar. Allāma Saʿd al-Dīn Masʿūd b. ʿUmar al-Taftāzānī (d. 792/1390) cited Imru al-Qays's poem as evidence for his view when discussing the issue of the definition of the Qurʾān. Taj al-Dīn al-Subkī (771/1370) brought Imru al-Qays's couplet as evidence in his explanation of the Prophet's (pbuh) beautiful attributes in the context of the explanation of the phrase 'his faults are not repeated'. In some works of jurisprudence, the name of Imru al-Qays is given as an example of its lexical meaning. It has been said that one of the meanings of qiyās is esteem. When something is respected, it is said, 'I compared something' (qistu-qaysen-qiyasen). This is the meaning of Qaysu'r-ra'y and Imruul-Qays, because their opinions were credited. One of the main topics on which Imru al-Qays' poetry was consulted was the issue of Sharia rulings. As in the case of Sharī'ah evidence, Imru al-Qays' poetry was rarely consulted in the case of Sharī'ah rulings. This shows that the role of Imru al-Qays is important in the Islamic sciences in general and in the usul al-fiqh in particular, in terms of wording. In other matters, recourse to his theology and istishhād is almost non-existent. In the field of proofs and rulings, istishhād with Imru al-Qays's poems is quite rare. Regarding ijtihad, it is almost non-existent. The istishhād on these basic issues are also related to the wording. This shows that Imru al-Qays' poetry is limited to the lexicon in the science of usul al-fiqh. In the chapter on al-'alfāz, the topics in which Imru al-Qays' poetry is mentioned are as follows: Nas, mujmal, mufasser, bayān, musterek, muteradif, hakika and majaz, muawwal, umūm and husūs. In addition, the meaning of some words, the meanings of the commandment, and issues that do not fall within the scope of a particular subject are also mentioned in the istishhād. One of the most frequently cited topics in the works of fiqh jurisprudence with Imru al-Qays's poems is the meaning of the commandment. In the works of usul al-fiqh, there is almost no work that does not mention wish as one of the meanings of the imperative. The scholars of usul al-fiqh, despite the differences in their methods and the structure of their works, have made istishhād with Imru al-Qays' poem. As a result, Imru al-Qays' poetry has undoubtedly been recognized as one of the most important sources of poetry on which the jurists relied in their lexical istishād. Thus, Imru al-Qays, al-malīq al-dalīl, is the leader of Arabic poetry.

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.

Moral rights have always been a rather controversial subject in the field of copyright. Imposed in most countries around the world through the Berne Convention, recognized in most jurisdictions to certain degrees, but also partially rejected in others (most importantly, the US), moral rights have often been seen as the `black sheep` of intellectual property. But how did this concerning status affect the national and foreign jurisprudence on moral rights? In order to find out, we will analyse a few main court decisions, both from Romania and from other jurisdictions around the world and we will also make a couple of predictions about the potential future of moral rights in copyright law.

This annual chronicle includes the main jurisprudential and regulatory developments with relevance in the status of Basque language.

Secularism is conventionally (and somewhat misleadingly) defined as the separation of state and religion. This article offers an alternative and more refined concept of secularism as a normative political principle of social peace within the context of diversity. The argument that secularism, so understood, lies at the core of a notion of human rights, contra the critique it has been receiving in recent decades as being hostile to freedoms, is assessed conceptually and supported by an analysis of how it is (indirectly) articulated in the jurisprudence of the European Court of Human Rights. [ABSTRACT FROM AUTHOR]

This research aims to an attempt to bring the Saudi law closer to other different laws, which had a precedent for legalization, especially in the personal status laws. This demonstrates that the Saudi regulator (legislator) benefited from other laws and derived from them, especially in issues that concern a large group of people, such as issues of divorce (Talaq) in the personal status law, This is done through the comparative inductive analytical research method. It has been shown in the research that the Saudi regulator (legislator) benefited from all the advantages of these laws, even his words combined with each other, and this is what counts for him in this matter, The researcher recommends preparing legislative historical studies to clarify the issues and their historical development over time, so that we can come to know the advantages and avoid mistakes in this regard. [ABSTRACT FROM AUTHOR]

Author’s Synopsis: In the law of charitable trusts, courts wield exceptional power with respect to two equitable remedies: cy près and the closely related doctrine of deviation. Courts can grant these equitable remedies for trusts that have purposes or terms rendered ineffectual, and either doctrine allows the court to prolong the trust’s life, perhaps forever. Historically, the invocation of these remedies was anathema to American courts. But increasingly, they have contemplated the possibility of extending the life of charitable trusts through application of these doctrines. In many ways, the evolution of these doctrines is owing to the jurisprudence involving trusts created for the benefit of a religious congregation or charity. Yet, this connection and the implications of judicial decisions regarding the right to these remedies has not garnered much attention until now. In this study, I analyze the extent to which courts have applied these equitable remedies to religious purpose charitable trusts via an econometric analysis of a universe of cases with a published opinion from an American court from the nation’s founding through 2019. This study provides a novel analysis of these equitable remedies and the history of religious purpose charitable trusts along a considerable timeline in American history. First, it explores how the equitable remedies of cy près and deviation were shaped by and shaped the caselaw around religious purpose charitable trusts, revealing simultaneously that each is a valid remedy and trust. Second, it examines the possible bias of the courts in awarding these remedies to certain religious groups but not others, ultimately finding that trusts created for the benefit of Catholic churches and charities were deemed less worthy of these remedies by the courts, all else equal. These findings have implications not only for understanding the application of these equitable remedies more deeply but also for uncovering the implicit and overt bias of the courts in cases where it has no actual basis. [ABSTRACT FROM AUTHOR]

The Columbia Law Review launched its Karl Llewellyn Lecture series on March 19, 2024, celebrating pioneers in the law who have innovated and challenged legal theory. The inaugural Lecture was delivered by Judge Guido Calabresi who spoke on the promise and peril of "Law and . . ." disciplines, such as Law and Economics, Law and Philosophy, and Law and History. A transcript of Judge Calabresi's Lecture is published in this Issue. [ABSTRACT FROM AUTHOR]

This article examines the 2011 European Court of Human Rights judgment in MSS v. Belgium and Greece , which held that transferring an asylum applicant from Belgium to Greece violated the European Convention on Human Rights. Despite receiving praise for reaffirming state obligations, this article challenges the verdict. It argues that in MSS , the Court of Human Rights missed a crucial opportunity, leaving the applicant exposed to nearly two and a half years of hardship in Greece, rendering his final triumph before the Court insignificant. The article reimagines the case, envisioning the Court granting an interim measure to halt the transfer. The proposed alternative conclusion, which prioritises the applicant's best interests, could result in substantial political and policy implications. The purpose of this article is to highlight the importance of interim measures in protecting migrants' rights and to encourage the Court to employ them more frequently. [ABSTRACT FROM AUTHOR]

In Alleged Violations of Sovereign Rights and Maritime Spaces in the Caribbean Sea (Nicaragua v. Colombia) , the International Court of Justice delves into the matter of exclusivity when assessing alleged violations committed by foreign States within an Exclusive Economic Zone. Additionally, the Court examines the legality of legislative acts concerning the contiguous zone and outlines criteria for the drawing of straight baselines. The Court's aim seems to be establishing a comprehensive theory of exclusivity, seeking to allocate and balance the rights and jurisdiction of coastal States and other States involved. In this context, it becomes apparent that the abstract notion of freedom of navigation imposes limitations on coastal States, preventing them from enacting legislation that expands the scope of their jurisdiction or adopts a liberal interpretation of permissible conditions within relevant regulatory frameworks. The implications of this theory for the evolution of the legal order pertaining to maritime spaces warrant significant attention. [ABSTRACT FROM AUTHOR]

The United Nations Convention on the Law of the Sea contains only general rules concerning the delimitation of the exclusive economic zone and the continental shelf. However, international courts and tribunals have, within their compass, elaborated the law of maritime delimitation through their jurisprudence, thereby maintaining the resilience of the Convention in a particular context of maritime delimitations. The jurisprudence is not a panacea, however. As regards the implications of maritime delimitation judgments for third States in the same region, for example, the jurisprudence has not been consistent. Lack of consistency of the jurisprudence may undermine the predictability of the law of maritime delimitation and weaken the resilience of the Convention. This article critically assesses the approach of the International Court of Justice to the presence of third States in the process of maritime delimitation, by analysing the Nicaragua v. Colombia case and the Costa Rica v. Nicaragua case, respectively. [ABSTRACT FROM AUTHOR]

This article explores how sound technologies are deployed by government agencies to produce legitimacy in the struggle over oil pipelines in British Columbia, Canada. Activists seeking to stop the Northern Gateway and Trans Mountain pipelines have mobilized noise and silence as tactics of protest and refusal. For example, one thousand demonstrators make a cacophony outside a Vancouver hotel in protest of the Northern Gateway pipeline. Communications technology, though, is deployed here by the state to compress and control. In one of the hotel's small, impregnable conference rooms, public hearings over the pipeline are taking place—only the public is not allowed inside: the proceedings are being livestreamed to a hotel two kilometers away. On unceded Coast Salish territory, the legitimacy of pipeline hearings is also contested because the continued existence of Indigenous legal orders represents a challenge to the pipelines in question. Technological mediation makes it possible to satisfy one requirement of legitimacy: democratically granted representative power. The challenge to the legal system highlighted by the continued existence of the Indigenous, though, is managed through audile techniques deployed as anthropotechnologies. The implications for a politics of sound must be considered in light of sound's mediation, which is never politically neutral. [ABSTRACT FROM AUTHOR]

Islamic jurisprudence principles play a crucial role in Islamic law, with many scholars, including Ibn al-Malqan, meticulously attending to them, organizing and eloquently articulating them. However, Ibn al-Malqan did not address all principles explicitly. Here, I highlight some. Among the major ones, I mention "Matters are judged by their intents," along with its subprinciples. Ibn al-Malqan only discussed one, "Certainty is not removed by doubt." I also cover "Custom is authoritative," including rules on when to abandon or apply custom, and "No harm shall be inflicted or reciprocated," emphasizing harm avoidance, exemplified by "Harm is to be removed." Ibn al-Malqan's references on this principle are included. The research relied on the inductive, analytical, and descriptive method. [ABSTRACT FROM AUTHOR]

Legislative courts doctrine has become terribly tangled. When an area of law is summarized as one in which the "precedents are horribly murky, doctrinal confusion abounds, and the constitutional text is by no means clear," that area of law has become a Gordian Knot. Attempts to untangle it will prove futile. For over a century and a half, the Supreme Court has repeatedly tried to make sense of legislative courts, but to no avail. These attempts, ranging from pure formalism to functional balancing tests, have proven detrimental to individual litigants. That is where due process comes in. Despite the fundamental constitutional principle of due process and its promise of a neutral adjudicator, the Supreme Court has failed to consider the legislative courts doctrine from this perspective. The Supreme Court has provided a robust body of jurisprudence under the Due Process Clause about unacceptable pressures and influences on adjudicators. But no one has thought to introduce the two. So rather than continue to try to untangle legislative courts doctrine, we need to use the sword of due process to cut the knot. This piece aims to begin that conversation. [ABSTRACT FROM AUTHOR]

"Godot is a Woman" is a play that challenges Samuel Beckett's decision to exclude women from performing "Waiting for Godot" and explores the tension between artistic freedom and copyright law. It serves as a legal educational tool, critiquing gender biases in law and copyright. The play effectively communicates legal issues to a general audience and addresses moral arguments for excluding certain groups. Overall, "Godot is a Woman" is a comedic and thought-provoking production that examines the role of copyright law in perpetuating gender discrimination. [Extracted from the article]

After the formation of the madhhabs in Islamic Law, many works in which the madhhab’s principles (al-uṣūl/Islamic legal theory and al-furū‘/ Islamic legal jurisprudence) were written. Following this process, a new writing style known a “Takhrīc al-furū' alā al-uṣūl” literature emerged. In this writing style, the content of the concepts of principles (al-uṣūl) and branches (al-furū‘), their relationship, the source of the principles accepted as uṣūl and their effect on secondary issues, the essence of the disagreements and their reflections on the issues are examined. AlTilimsānī (d. 771/1370) was an important Mālikī scholar who lived in the Maghreb region. His work Miftāḥ al-wusūl ilā bināʾ al-furū' 'alā al-uṣūl is an original work written in the style of “Takhrīc al- furū' ‘alā al-uṣūl”. Unlike other works written in this style, Tilimsānī classified and examined the issues causing khilāfa (disagreement) according to the topics of uṣūl and conducted an impartial comparison between the sects. He did not include the views of scholars of uṣūl al-fiqh but focused on the perspectives of the sects and avoided theological debates. Additionally, through this work, he aimed to bring about a change in Mālikī jurisprudence, which had been centered on the al-furu', by emphasizing the importance of uṣūl. This article will analyze the style of Miftāḥ al-wusūl ilā bināʾ ‘al-furū' 'alā al-uṣūl, which is the only work of its kind in the Mālikī madhhab, and the subjects it addresses, based on the titles of the book itself. [ABSTRACT FROM AUTHOR]

This article aims to investigate the jurisprudence of the Constitutional Court regarding the public administration reform in Romania. We take into consideration the motivation of the public authorities involved in the law-making process, as well as the interpretation of the judges of the Constitutional Court concerning the legislative steps regarding the adoption of an Administrative Code, decentralization, the transfer of competences, the status of civil servants, and finally the legal regime of the newly established or reorganized institutions/authorities. The study also evaluates the steps to reform the public administration concerning the observance of the principles of constitutional loyalty, the separation of powers, the supremacy of the Constitution, and the role of the Parliament. [ABSTRACT FROM AUTHOR]