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Relying on a micro-comparative analysis, mainstream comparative scholarship tends to be of the view that most modern legal systems place limits on both the number and the content of the property rights private parties can create. This paper takes a different angle, arguing that such conclusion, although correct and meaningful, is essentially incomplete, as it does not take account of the implications this ' numerus clausus principle' has for the institutional governance of legal systems. Adopting a macro-comparative approach, the paper analyses this principle from the perspective of its impact on the role of courts and their legal reasoning in modern Germany, England and the US. It concludes that the numerus clausus principle has materially different 'systemic effects' in each of these jurisdictions and that this has important implications both for the understanding of the principle and the development of property law more broadly. [ABSTRACT FROM AUTHOR]

In 2022, Greece became the fifth country in the world to legally ban Intersex Genital Mutilation (IGM). The bill was prepared by the Ministry of Health and the intersex-led organisation "Intersex Greece". Even though the organisation was only established in 2021, it was actively engaged in the whole law-making process, which resulted in a legal text that became a best practice worldwide. This article tracks the history of the intersex movement in Greece and shows that the movement emerged around 2009. Then, based on online interviews, blogs, videos and articles, all strategies and alliances used by the movement over the years to advocate for intersex rights are explored, especially in the year 2017 when the law on Legal Gender Recognition (LGR) was passed and in 2022 when IGM was banned. Furthermore, online public documents from the Greek Parliament are consulted to provide a comprehensive analysis of how the social, cultural, economic, and political environment in the country affected these legal developments. Based on the above evidence, this article shows that the law-making process on IGM in Greece started 13 years before the law and was the outcome of a long process of multiple and unique intersecting factors. [ABSTRACT FROM AUTHOR]

The theme of the law and its changes is still being discussed in the academic community. The fact that law requires social society as its habitat makes it difficult to maintain the status quo. The social community always changes according to the era and place where it makes the laws also voluntarily or is forced to make adjustments to its habitat. The article will discuss how the law cannot always be consistent because it is influenced by the social conditions in which the law lives, how the process of change occurs, and what factors influence the inconsistency of the law, in a philosophical reflection. By using a literature research approach, this research aims to explore two main questions, namely: does law change society or vice versa? and; what factors are most influential in encouraging legal change? This study reflects that jurists from various views seem to agree on one thing, that the law is changing and they only provide different criteria and procedures. This reflection culminates with a statement that the law is always changing, and it reforms itself all the time.

This article examines the nature of legal change in Islamic law through the case of the cultivation of wasteland (hyā' al-mawāt) in the 16th- 17th century Ottoman Empire. Imber, one of the leading scholars in modern Ottoman historiography, argues that there was an incompatibility between qānūn and sharī'ah regarding the legal consequences of opening up wastelands (mawāts) for agriculture in the Empire. He asserts that the legal doctrine of the Hanafī school gives the right of full ownership (al-milk al-tāmm) to a person cultivating a wasteland with the permission of the ruler (imām), while the Ottoman sultans' qānūns only grant this person the right of disposal (haqq al tasarruf). Imber's observation about the practice is accurate; however, his claim regarding the Hanafī school's legal doctrine of ihyā' almawāt needs revision. This article takes into consideration Hanafī nawāzil and fatāwá literature originating from Central Asia and Ottoman Anatolia to demonstrate that the doctrine in question underwent a slow and gradual but essential change over centuries, and then Ottoman Hanafī scholars interpreted the practice of the Empire based on this new doctrine, recognizing the sultan's authority to grant only the right of disposal to those who wished to cultivate the wasteland, suggesting that there was not an actual contradiction between qānūn and sharī'ah on this issue. [ABSTRACT FROM AUTHOR]

In early 2022, an unprecedented flood event in Lismore, New South Wales plunged an entire community into trauma and chaos. I draw upon this event to highlight the imperative for climate activism in the academy. Activist research, and activist teaching in law classrooms, are already reshaping the law of the Holocene in response to the climate crisis and will increasingly do so. I suggest that, in light of their ecological privilege, academics must also modify their personal and professional conduct. We must all be climate activists, if only because climate will spare none of us. [ABSTRACT FROM AUTHOR]

Conventional approaches to legislating to protect individual rights in Australia have utilised the language and discourse of international human rights law, attracting both support and criticism from key political actors and commentators. In South Australia, where no human rights legislation exists, past efforts to generate sustained public and political support for the enactment of international human rights principles into legislation have been unsuccessful. This is despite ongoing instances of human rights breaches occurring within the South Australian community. The reasons are varied and warrant careful consideration in order to identify and evaluate future options for improving the legal protection of human rights. One potential option is to reframe the discourse associated with human rights legislation. This could involve moving away from a legalistic approach that draws from international human rights law concepts and instead embrace the language of human security to refocus public and political attention on the need to secure dignity, equality and safety for the community. This article explores whether the language of human security, and the strategies identified by the United Nations Development Programme towards achieving human security, could create new opportunities for legislative reform in South Australia. It also considers the potential shortcomings of this approach, having regard to successful attempts to enact human rights legislation in other Australian states and territories. [ABSTRACT FROM AUTHOR]

Copyright of Inonu University Law Review / İnönü Üniversitesi Hukuk Fakültesi Dergisi is the property of Inonu University Law Review (IULR) 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 Mexicana de Ciencias Politicas y Sociales is the property of Revista Mexicana de Ciencias Politicas y Sociales 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 meaning and significance of gender is currently a focus of heated and, often, polarised debate in the UK and elsewhere. This article provides a new perspective in the gender debate through focused exploration of UK-based non-binary people's perceptions of legal gender status and reform. Binary gender/sex systems, such as the legal gender system in the UK, are underpinned by cisgenderism and are challenged by those whose identity falls outside of the binary of woman and man. In contrast to most lay participants in the Future of Legal Gender (FLaG) project, the majority of non-binary participants reported support for reform (85.5% (n = 165) in favour) to the current UK legal gender system. Over half (57%, n = 110) were in favour of abolishing legal gender (i.e. the state would no longer assign a legal gender status), although this was constructed as 'an impossible dream'. Situating non-binary people's perspectives at the heart of the debate about the certification of gender offers novel insight which could have significant ramifications for how societal structures could support undoing gender in the future. [ABSTRACT FROM AUTHOR]

Young Australians exiting Out-of-Home Care (OOHC) face some of the most challenging access to justice issues due to experiences of trauma, increased interactions with the justice system, distrust of government services, high rates of socioeconomic disadvantage and a lack of accessible support services. This article outlines the experience of the Mid North Coast Legal Centre (MNCLC) which, through the LevelUP Project, aimed to bridge this access to justice gap with a shake-up of the traditional legal services model. Through this experience, MNCLC offers some suggestions for legal centres seeking to improve access to justice for this disadvantaged group. [ABSTRACT FROM AUTHOR]

Over the past decades, legal historians have become more cautious when it comes to rules that in the Middle Ages and the early modern period were defined as '(old) customs'. Earlier optimistic appraisals as to the age of such rules have been challenged. This article argues that efforts of debunking should be combined with a more thorough analysis of the legal consciousness of past societies. It proposes to look at old municipal private law, not as a set of rules fixed by tradition, but rather as a malleable body of norms. The symbolic qualities of law were such that renewal and rephrasal could be combined with an ideology of conservation. It was perfectly possible for administrators to promote new rules as being a part of an 'age-old law' of the city or the land, without breaching the implicit conventions as to the qualities of law. However, as will be demonstrated further, there were limits to the agency of administrators in this regard. The codes as to the features of law marked boundaries that had to be taken seriously. [ABSTRACT FROM AUTHOR]

Copyright of Romanian Journal of Comparative Law / Revista Romana de Drept Comparat is the property of Universul Juridic Publishing House 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 article examines sexual harassment as it affects the legal profession, weighing up the efficacy of the legislative provisions in Australia in the Sex Discrimination Act 1984 (Cth) (SDA). The article considers the recommendations for reform made by various reviews in recent years and the 2021 amendments to sexual harassment provisions. Following consideration of the alternate legislative drafting options and analysis of the approach taken in New Zealand, this article concludes that to address the systemic sexual harassment culture in the legal profession, change needs to go beyond the scope anticipated in current legislative amendments. [ABSTRACT FROM AUTHOR]

This article investigates how participatory art can contribute to legal change. As a case study, it discusses Jonas Staal’s project of New World Summit in Rojava, a (so far still) autonomous region in North and East Syria. It offers an interesting case, since it invites the law to include what it has excluded so far. To begin with, it is clarified how change is conceived within legal systems based on the rule of law. Although law resists radical change, it is involved in a constant process of adaptation to its environment. Subsequently, Staal’s project of New World Summit is discussed from a utopian perspective. Its apparent impossibility is what makes is so valuable for law and its development. By erecting a parliament for Rojava, it presents a picture of how the international order could look like when things were different. It basically is an exercise in “utopian world-making”.

• Surviving relatives are often neglected as stakeholders of organizations. • Several institutions demonstrated a lack of compassion with the surviving relatives. • Surviving relatives initiated a five year safety improvement program in the company. • The successful improvement program inspired many organizations and institutions. • The labour inspection adopted safety improvement plans as alternative to fines. • The potential of victims as 'change agents for safety' is generally underestimated. • Prevention of unnecessary suffering of victims should be part of safety science. Fatal accidents are a life changing event for surviving relatives. As secondary victims, their life is suddenly disrupted and becomes filled with mourning, sorrow, pain and uncertainty. A case study from the Netherlands shows that a range of organizations and institutions have a social responsibility to contribute to mitigating the suffering of surviving relatives. A responsibility which is up till now often neglected. From a corporate social responsibility point of view the alleviation and prevention of suffering of surviving relatives should be important for any organisation involved in the aftermath of fatal accidents. The case study shows that surviving relatives, as secondary victims, can contribute in a unique way to the initiation, implementation and realization of a successful corporate program to promote prevention and the development of a proactive safety culture. Finally, the case study shows that surviving relatives can contribute actively to the development of more proactive inspection strategies and new legislation. It is suggested that within safety science and practice more attention should be given to the agency and potential positive contributions of surviving relatives and survivors of serious accidents to prevention and safety promotion. By speaking from their heart and out of their dramatic personal experience, they can impact the behaviour of corporate leaders, policy makers as well as operational workers in a unique way. Simultaneously, such activities help them to develop new purpose and meaning in their disrupted lives. [ABSTRACT FROM AUTHOR]