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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]

Comments on the symbolic and legal role of intention to kill or not kill play in the British Law Commission's consultation paper, "A New Homicide Act for England and Wales." Problems revealed as a result of the symbolic master role that intention plays in this area of the law; Main themes that structure the Law Commission's view and which accordingly place intention at its core; Two views of intention developed in Part 4 of the paper and their relationship to the doctrine of double effect.

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]

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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]

Recent jurisprudence of the European Court of Justice (ECJ) marks a striking shift towards a more restrictive interpretation of EU citizens’ rights. The Court's turnaround is not only highly relevant for practical debates about ‘Social Europe’ or ‘welfare migration’, but also enlightening from a more general, theoretical viewpoint. Several recent studies on the ECJ have argued that the Court is largely constrained by member state governments’ threats of legislative override and non-compliance. We show that an additional mechanism is necessary to explain the Court's turnaround on citizenship. While the ECJ extended EU citizens’ rights even against strong opposition by member state governments, its recent shift reflects changes in the broader political context, i.e., the politicization of free movement in the European Union (EU). The article theorises Court responsiveness to politicization and demonstrates empirically, how the Court's jurisprudence corresponds with changing public debates about EU citizenship. [ABSTRACT FROM AUTHOR]

This article discusses papers released by former U.S. Supreme Court Justice Harry A. Blackmun, including his personal letters, notes, and journals from his tenure on the Supreme Court. The author states that these documents prompt a discussion of formalist versus realist sensibilities in legal decision-making and how a judge's perspective may change over time. It is stated that some of the most significant cases that Blackmun ruled on include abortion rights legislation Roe v. Wade and privacy rights legislation Doe v. Bolton.

Therapeutic jurisprudence is an emerging field of law and social science inquiry that explores the role of the law in fostering therapeutic or antitherapeutic outcomes. This article considers the relationship between therapeutic jurisprudence and court performance goals, examines applications of therapeutic jurisprudence in court settings, discusses the steps involved in incorporating therapeutic jurisprudence principles into the work of courts, outlines the pros and cons associated with practicing therapeutic jurisprudence primarily in specialized courts, and offers suggestions for fostering continued experimentation by courts. Copyright © 2000 John Wiley & Sons, Ltd. [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]

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]

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Copyright of Annals of Philosophy / Roczniki Filozoficzne is the property of John Paul II Catholic University of Lublin, Faculty of Philosophy 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.)

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]

The United States Constitution implicitly grants governmental entities the power to exercise eminent domain. But importantly, the Constitution also limits this power. One such limitation, and the focus of this Paper, is the implicit requirement that governments can only take what they need. Perhaps surprisingly, this imbedded constitutional principle is commonly violated. Government entities or their proxies regularly condemn more private property rights than are necessary for the completion of a given public project-hoarding those extra rights for future use, and sometimes, never using them at all. This acquisition strategy has serious consequences that have largely gone unexplored. And even more disturbingly, current takings jurisprudence prevents the judiciary from reviewing the vast majority of challenges to this practice. This Article builds on prior scholarship that investigates this phenomenon in takings law to more deeply understand the causes and effects of this acquisition strategy, and it proceeds in three parts. First, the paper describes the current status of the law around hoardings and discusses how the status quo both allows and facilitates this practice. Second, it provides examples of hoardings and discusses how hoardings jeopardize the animating principles of the Fifth Amendment Takings Clause. And third, it identifies tentative solutions to remedy the effects of hoardings. Ultimately, the Paper concludes that hoardings law needs to be revisited and changed. If not, the poor, the old, the less-educated, renters, and those who identify as non-white will continue to disproportionately shoulder the burden of hoardings. [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]

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]

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]

An introduction is presented in which the editor discusses articles in the issue on topics including Indian jurisprudence; Indian public law; and fundamental rights jurisprudence.

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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.)

In the past two decades, there has been an exponential rise in the use of technology for commission of crimes. In certain scenarios, investigation of such crimes call for inspections of an accused's personal electronic devices. In India, there is no law regulating the field of search and seizure of electronic devices in a criminal investigation. Only recently, Virendra Khanna v State of Karnataka laid down certain guidelines in this regard. Furthermore, on multiple occasions, the Indian Courts have relied on the US jurisprudence on the matter. Due to a well-developed jurisprudence in the USA on this subject, the authors have chosen to do a comparative study between the two countries. This paper seeks to examine how these two major democracies balance the right to privacy against the need to unearth information for better investigation. While analysing the lack of a well-rounded law on the matter, this paper also analyses the provisions in the Digital Personal Data Protection Act 2023 and the Bharatiya Nagarik Suraksha Sanhita Bill 2023 and highlights the missed opportunities to frame guidelines on the issue of search and seizure of electronic device. Section II of the paper introduces the readers to the law on electronic search and seizure in the USA. Section III examines the Indian position. It discusses the law as it was pre- Virendra Khanna, then goes into the law laid down by the Karnataka High Court in Virendra Khanna and critically analyses the same. It also looks at the progress made in the field through other legislation. Section IV deals with a comparative analysis of the USA and Indian law on the subject and section V provides mechanisms and ways in which the current law can be modified to deal with some of the inadequacies of the matter. [ABSTRACT FROM AUTHOR]

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This paper tries to analyze Revolutionary Road from the perspectives of body narrative and feminist jurisprudence. The second part, “The Pain of Childbirth”, and the third part, “The Bewilderment Between the Soul and the Body”, talk about female physical and mental health, respectively. The fourth part, “The Trespass of the Body”, promotes Reproductive Health Rights and Birthing Rights, thus further exploring how the women, as the subject of desire, trespass their heavy human bodies, how they overcome the unbearable lightness of their bodies, how they control and subdue their bodies, and how they finally gain salvation and revolution. [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]

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]

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]

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Copyright of Acta Universitatis George Bacovia. Juridica is the property of George Bacovia University, Faculty of Sciences Economics, Juridical & Administrative 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.)

In a short paper entitled "Why Study Jurisprudence?" John Gardner claims that philosophy of law has a modest and optional role within legal studies. To his mind, the reasons for studying it are that it gives jurists a broader outlook on law and develops excellence in argument. This paper argues that, on closer scrutiny, Gardner's account of reasons for studying jurisprudence falls short because he considers a narrow concept of general jurisprudence that leaves out many kinds of jurisprudence and crucial jurisprudential issues. By discussing the two types of knowledge jurisprudence can transfer, namely knowledge that and knowledge how, I focus on the ability of various kinds of jurisprudence (general/particular/special, analytical/hermeneutical, conceptual/descriptive/normative/critical, philosophers' jurisprudence/jurists' jurisprudence) to develop propositional and performative knowledge in students of law. I conclude that jurisprudence is not best understood as a side quest in legal studies. Instead, by using the same game analogy, it is better understood as crucial but additional content (DLC, so to say) to the study of law that is well positioned to contribute significantly both to the study of law and legal practice. [ABSTRACT FROM AUTHOR]

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]

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]

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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 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 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]

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]

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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.)