9,646 results on '"LEGAL documents"'
Search Results
2. Large language models for automated Q&A involving legal documents: a survey on algorithms, frameworks and applications
- Author
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Yang, Xiaoxian, Wang, Zhifeng, Wang, Qi, Wei, Ke, Zhang, Kaiqi, and Shi, Jiangang
- Published
- 2024
- Full Text
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3. When activists speak law to powerholders: comparative insights.
- Author
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Bailly, Jessy
- Subjects
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LEGAL norms , *LEGAL documents , *COMPARATIVE law , *ACTIVISM , *CONSCIOUSNESS - Abstract
This paper examines the extrajudicial use of legal norms by activists. It aims to show how law serves as a useful symbolic resource for activists to strengthen their strategies for political pressure outside the courts. It does this through a qualitative investigation of six citizen debt audit groups from three European countries (France, Belgium, and Spain). Based on an analysis of legal provisions mobilised by activists in public documents, when addressing decision-makers, and in interviews, we identify several common uses of the law: the 'legal call to order'; the 'contradiction game between norms of the same legal order'; the 'call to derogation of certain norms'; and, the 'call to produce new norms'. This work is a valuable contribution to legal consciousness studies. We assert that activists have a complex legal consciousness, being neither completely enchanted ('before the law'), nor completely withdrawn ('against the law'). In their political interventions, the citizen audit groups under study rely on certain legal norms that they consider legitimate to make claims, while they seek to disqualify others of the same legal order. One can thus contest positive law without being against the law per se. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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4. Dictionaries as authorities? The problematic use of Chinese dictionaries by missionaries in the Rites Controversy.
- Author
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Meynard, Thierry
- Subjects
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CHINESE language , *CHINESE characters , *LEGAL documents , *SEVENTEENTH century , *RITES & ceremonies - Abstract
In the seventeenth century, missionaries in China translated a vast array of Chinese works, including classics, official histories, and legal documents. Their translations have been analysed through several perspectives, yet their use of Chinese dictionaries has been largely overlooked. In the context of the Rites Controversy, between the Jesuits on one side and the Dominican and Franciscan friars on the other, precise references to authoritative Chinese dictionaries were made to corroborate their interpretation of Chinese rituals as either religious or secular. This article first describes why and how missionaries started from the early beginning of the mission in the 1580s to write their own bilingual dictionaries based on existing Western and Chinese dictionaries. Then, it considers how the same dictionaries became an important reference when the Rites Controversy erupted in the 1630s. Based on manuscript and printed documents written until 1670, three Chinese characters which became the focus of competing interpretations are discussed: miao as temple versus hall, ji as sacrifice versus offering, and sheng as prophet versus wise man. Besides the problem of biased translations on both sides, we shall show that there was a more fundamental reason which prevented the missionaries from settling their controversy using dictionaries. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
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5. I beg to differ: how disagreement is handled in the annotation of legal machine learning data sets.
- Author
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Braun, Daniel
- Subjects
LEGAL documents ,ANNOTATIONS & citations (Law) ,MACHINE learning ,ARTIFICIAL intelligence ,PREDICTION models - Abstract
Legal documents, like contracts or laws, are subject to interpretation. Different people can have different interpretations of the very same document. Large parts of judicial branches all over the world are concerned with settling disagreements that arise, in part, from these different interpretations. In this context, it only seems natural that during the annotation of legal machine learning data sets, disagreement, how to report it, and how to handle it should play an important role. This article presents an analysis of the current state-of-the-art in the annotation of legal machine learning data sets. The results of the analysis show that all of the analysed data sets remove all traces of disagreement, instead of trying to utilise the information that might be contained in conflicting annotations. Additionally, the publications introducing the data sets often do provide little information about the process that derives the "gold standard" from the initial annotations, often making it difficult to judge the reliability of the annotation process. Based on the state-of-the-art, the article provides easily implementable suggestions on how to improve the handling and reporting of disagreement in the annotation of legal machine learning data sets. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
6. A RDF-based graph to representing and searching parts of legal documents.
- Author
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Oliveira, Francisco de and Oliveira, Jose Maria Parente de
- Subjects
LEGAL documents ,RDF (Document markup language) ,SEMANTIC Web ,JUSTICE administration ,CONCEPTUAL models ,WEB portals ,HTML (Document markup language) ,PDF (Computer file format) - Abstract
Despite the public availability of legal documents, there is a need for finding specific information contained in them, such as paragraphs, clauses, items and so on. With such support, users could find more specific information than only finding whole legal documents. Some research efforts have been made in this area, but there is still a lot to be done to have legal information available more easily to be found. Thus, due to the large number of published legal documents and the high degree of connectivity, simple access to the document is not enough. It is necessary to recover the related legal framework for a specific need. In other words, the retrieval of the set of legal documents and their parts related to a specific subject is necessary. Therefore, in this work, we present a proposal of a RDF-based graph to represent and search parts of legal documents, as the output of a set of terms that represents the pursued legal information. Such a proposal is well-grounded on an ontological view, which makes possible to describe the general structure of a legal system and the structure of legal documents, providing this way the grounds for the implementation of the proposed RDF graph in terms of the meaning of their parts and relationships. We posed several queries to retrieve parts of legal documents related to sets of words and the results were significant. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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7. Bringing legal knowledge to the public by constructing a legal question bank using large-scale pre-trained language model.
- Author
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Yuan, Mingruo, Kao, Ben, Wu, Tien-Hsuan, Cheung, Michael M. K., Chan, Henry W. H., Cheung, Anne S. Y., Chan, Felix W. H., and Chen, Yongxi
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LEGAL documents ,LEGAL literature ,LEGAL education ,LEGAL professions ,INFORMATION technology ,LINGUISTIC models ,CIVIL law - Abstract
Access to legal information is fundamental to access to justice. Yet accessibility refers not only to making legal documents available to the public, but also rendering legal information comprehensible to them. A vexing problem in bringing legal information to the public is how to turn formal legal documents such as legislation and judgments, which are often highly technical, to easily navigable and comprehensible knowledge to those without legal education. In this study, we formulate a three-step approach for bringing legal knowledge to laypersons, tackling the issues of navigability and comprehensibility. First, we translate selected sections of the law into snippets (called CLIC-pages), each being a small piece of article that focuses on explaining certain technical legal concept in layperson's terms. Second, we construct a Legal Question Bank, which is a collection of legal questions whose answers can be found in the CLIC-pages. Third, we design an interactive CLIC Recommender. Given a user's verbal description of a legal situation that requires a legal solution, CRec interprets the user's input and shortlists questions from the question bank that are most likely relevant to the given legal situation and recommends their corresponding CLIC pages where relevant legal knowledge can be found. In this paper we focus on the technical aspects of creating an LQB. We show how large-scale pre-trained language models, such as GPT-3, can be used to generate legal questions. We compare machine-generated questions against human-composed questions and find that MGQs are more scalable, cost-effective, and more diversified, while HCQs are more precise. We also show a prototype of CRec and illustrate through an example how our 3-step approach effectively brings relevant legal knowledge to the public. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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8. Liability for Copyright Infringement During the Performance of Sovereign Functions.
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COPYRIGHT infringement ,INTELLECTUAL property ,LEGAL documents ,EUROPEAN Convention on Human Rights - Abstract
The article discusses a ruling by the Austrian Supreme Court on the liability for copyright infringement by university lecturers acting in their official capacity. Topics include the official nature of educational activities, the non-liability of universities and professors for such infringements, and the federal government's role in addressing these issues.
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- 2024
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9. THE URGENCY OF TERMINATING INVESTIGATIONS IN HANDLING CORRUPTION CASES IN THE JURISDICTION OF THE HIGH PROSECUTOR'S OFFICE SOUTH SULAWESI.
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Poernomo, Sri Lestari, Zulkarnaen, Rahman, Sufirman, and Malik, Prayudi
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CORRUPTION investigation ,LEGAL documents ,CRIME ,PROSECUTORS ,QUANTITATIVE research ,CRIMINAL procedure ,POLITICAL corruption - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)
- Published
- 2024
- Full Text
- View/download PDF
10. Of Dowries and Daughters: a Law and Literature Approach to the Achsah Story in Joshua and Judges.
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Landman, Yael
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LEGAL documents , *LEGAL norms , *ACQUISITION of property , *JEWISH law , *JUDGES - Abstract
Previous scholarship on Josh 15:16–19 and Judg 1:12–15 has drawn on ancient Near Eastern and Jewish laws pertaining to dowries as an aid for interpreting Achsah’s acquisition of property from her father. This article further elucidates the Achsah narrative by bringing it into conversation with legal documents pertaining to dowries from Mesopotamia that highlight their strategic use for purposes such as economic and social advancement. Drawing on insights from law and literature scholarship that highlight how narrative may offer a perspective on law, this article interrogates the ways that Achsah operates within the framework of legal norms pertaining to daughters, while also challenging them. [ABSTRACT FROM AUTHOR]
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- 2024
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11. Generative AI in American and Canadian courts: a ‘training’ approach to regulation.
- Author
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Ogunde, Fife
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GENERATIVE artificial intelligence , *LEGAL professions , *LEGAL documents , *ARTIFICIAL intelligence , *LAWYERS - Abstract
Increased usage of generative artificial intelligence (AI) within the legal profession has prompted responses from the judiciary, resulting in the issuance of various practice directives. The spectrum of these directives ranges from conservative recommendations to more radical measures demanding lawyers to disclose their use of generative AI in the preparation of legal documents or certify the absence of such software in their creation. This article explores the development of a comprehensive framework for judicial guidance on generative AI use in legal proceedings in Canada, highlighting key elements of such guidance. The author contemplates a ‘training’ approach to regulating generative AI use in legal proceedings, focusing more on the user than the technology itself. This approach emphasises the need for judicial guidance to balance constructive engagement with generative AI with lawyers’ ethical responsibilities. [ABSTRACT FROM AUTHOR]
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- 2024
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12. Document‐to‐Document Retrieval Using Self‐Retrieval Learning and Automatic Keyword Extraction.
- Author
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Seki, Yasuaki and Hamagami, Tomoki
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NATURAL language processing , *SUPERVISED learning , *INFORMATION retrieval , *LEGAL documents , *ELECTRICAL engineers - Abstract
In this study, we propose self‐retrieval learning, a self‐supervised learning method that does not require an annotated dataset. In self‐retrieval learning, keywords extracted from documents are used as queries to construct training data that imitate the relationship between query and corpus, such that the documents themselves are retrieved. In the usual supervised learning for information retrieval, a pair of query and corpus document is required as training data, but self‐retrieval learning does not require such data. In addition, it does not use information such as reference lists or other documents connected to the query, but only the text of the documents in the target domain. In our experiments, self‐retrieval learning was performed on the EU and UK legal document retrieval task using a retrieval model called DRMM. We found that self‐retrieval learning not only does not require supervised datasets, but also outperforms supervised learning with the same model in terms of retrieval accuracy. © 2024 Institute of Electrical Engineers of Japan and Wiley Periodicals LLC. [ABSTRACT FROM AUTHOR]
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- 2024
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13. CANCEL CULTURE: ISLAMIC LAW AND PUBLIC POLICY CHALLENGES IN THE DIGITAL AGE.
- Author
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Fikri, Muhammad
- Subjects
ISLAMIC law ,SOCIAL media ,DIGITAL technology ,GOVERNMENT policy ,LAW enforcement ,LEGAL documents ,RIGHT of privacy - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)
- Published
- 2024
- Full Text
- View/download PDF
14. TQM's presence within legal systems: example of impact on Australian higher education.
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Padró, Fernando F., Trimmer, Karen, Chang, Heejin, and Green, Jonathan H.
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LEGAL documents ,NEW public management ,GOVERNMENT policy ,ADMINISTRATIVE procedure ,ADMINISTRATIVE law - Abstract
Purpose: The purpose of this study is to investigate the extent to which TQM has influenced the legal system in Australia, an area seldom investigated in the quality or legal literature. Design/methodology/approach: Documentary and policy analysis of legislation, rules and rulemaking documentation based on a partial application of historical-policy analysis (HPA). Textual analysis was based on Dean and Bowen's (1994) definition of TQM and Vinni's (2007) review of new public management and Swiss (1992) "reformed TQM" concepts. Findings: Australia's Tertiary Education Quality and Standards Agency Act of 2011 and supporting legal documents such as Guidance Notes include language reflective of TQM principles, providing evidence that present-day administrative law schemes include TQM practices and tools to undergird procedures of regulatory expectations (sometimes in the form of standards), monitoring and general operations. Oftentimes, it is the supporting legal documentation where TQM practices are found and operationalized. Research limitations/implications: This is a proof-of-concept research study to determine the feasibility to identify TQM concepts within the existing language of legal statutes and supporting regulatory documentation. As such this study worked out the preliminary research challenges in performing this type of analysis. Practical implications: Understanding TQM's impact on legal systems expands the system's perspective of organizations that do not always factor in the influence government policy has on organizational behaviours and outlooks. More specifically, understanding TQM's influence sheds insight on regulatory requirements imposed on a sector and the normative aspects of regulatory compliance that impact the operations and strategic planning of organizations. Social implications: The article provides an example of how legal administrative rulemaking influences organizational operational and strategic activities to remain viable in the organization's business or industrial sector. Originality/value: There are few research papers or literature reviews pertaining to the subject of TQM concepts embedded in laws and regulations, most of which date from the 1980s through early 2000s. [ABSTRACT FROM AUTHOR]
- Published
- 2024
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15. Towards inclusion: a comparative examination of the status of disability acts in South Asia.
- Author
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Chaudhary, Suman and Sharma, Yukti
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SOCIAL model of disability , *COMPARATIVE method , *LEGAL documents , *WOMEN'S rights , *PEOPLE with disabilities - Abstract
This article compares the recent disability legislation in India, Nepal, Bangladesh, and Maldives after signing the CRPD in 2006. Through a systematic comparative approach, this study identifies and examines the commonalities and differences in the provisions, participation of persons with disabilities (PWD), educational considerations, and rights of women with disabilities within their disability Acts. Qualitative content analysis has been used for thematic analysis of the content of these legal documents. The analysis revealed that a shared philosophical assumption existed across the Acts influenced by the social model of disability, while variations exist in the definition of disabilities across these Acts. It was found that due emphasis was placed on the involvement of PWD in regulatory committees in all Acts taken in the study. However, the level and extent of participation in these committees vary among countries. The nature of the educational provision is more inclined towards inclusive education across these Acts. However, not all of these four practices fully include PWD. Less emphasis has been put on including the rights of women with disabilities in the Acts. This article accentuates the importance of comparative studies for cross-country learning and the potential for adapting ideas to suit respective countries' national contexts. [ABSTRACT FROM AUTHOR]
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- 2024
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16. Pastoral Land Rights and Environmental Resource Governance and Sustainability along Ethiopia–Kenya border.
- Author
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Defere, Girma, Mulugeta, Messay, and Tolera, Teferi
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LITERATURE reviews , *LEGAL documents , *NONGOVERNMENTAL organizations , *LAND tenure , *PROPERTY rights - Abstract
Past studies mainly focused on the effects of the lack of a pastoral land tenure security system. There is scarcity of evidence regarding the effects of pastoral land tenure insecurity in the context of cross-border environmental resource governance and sustainability that the present study attempted to contribute. The main objective of this study is therefore to assess how far the state land tenure system has impacted environmental resource governance and sustainability along the Ethiopia–Kenya border. The study employed a qualitative method in which key informant interviews, in-depth interviews, and focus group discussions were utilized as the primary data collection methods; moreover, the legal documents of the two states, journal articles, official reports of governmental, and nongovernmental organizations report and other relevant secondary sources were assessed in the review of the literature. Data were collected from various respondents from the pastoralists, nongovernmental organizations, and government bodies from local, national, regional, and international organization representatives. The findings of the study showed that in both states, the government laws and policies adopted have not taken into account the pastoral way of life. In addition, the lack of tenure security for the pastoralists has endangered cross-border environmental resource governance and sustainability. The pastoral landholding system is communally influenced mainly by states' interests and human encroachments. It is vital that pastoral policies should accommodate pastoral felt needs and interests in which the voices of pastoralists are heard in the policy-making process; hence, there should be a special representation for the pastoral people in the regional and federal legislature (in Ethiopia) and central government parliament (in Kenya), and there should be a cross-border pastoralists forum to ensure better environmental resource governance in the borderland. [ABSTRACT FROM AUTHOR]
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- 2024
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17. 中國大陸期貨糾紛線上調解機制之 反思與完善.
- Author
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丁朋超 and 呂剛鳳
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FUTURES ,FINANCIAL markets ,LEGAL documents ,FINANCIAL security ,ACTIONS & defenses (Law) - Abstract
Copyright of Taiwan Law Review is the property of Angle Publishing Co., Ltd 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.)
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- 2024
- Full Text
- View/download PDF
18. THE EXISTENCE OF LAW NO. 5 OF 1960 ON THE GOVERNOR'S INSTRUCTIONS DIY No: K.898/I/A/75 OWNERSHIP OF LAND RIGHTS BY CHINESE WRITERS VIEWED FROM JUSTICE PERSPECTIVE.
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Nachrawi, Gunawan
- Subjects
LAND tenure ,INDONESIANS ,PROPERTY rights ,CHINESE authors ,JURISPRUDENCE ,LEGAL documents ,EQUAL rights - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)
- Published
- 2024
- Full Text
- View/download PDF
19. THE NATURE AND EXISTENCE OF JURISPRUDENCE IN STATE ADMINISTRATIVE COURTS IN INDONESIA.
- Author
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Razak, Askari, Perdana, Taufik, Rahman, Abd., and Thalib, Hambali
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JURISPRUDENCE ,JUDGES ,JUSTICE ,JUDICIAL process ,JUSTICE administration ,LEGAL documents ,DECISION making ,JUDICIAL power - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)
- Published
- 2024
- Full Text
- View/download PDF
20. "صلاحيات المدعي العام في المحكمة الجنائية الدولية")د ا رسة تحليلية (
- Author
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خوله يحي الزهران ي
- Subjects
INTERNATIONAL criminal courts ,LEGAL documents ,INTERNATIONAL courts ,CRIMINAL procedure ,LEGAL judgments ,INTERNATIONAL crimes - Abstract
Copyright of Arab Journal for Scientific Publishing is the property of Research & Development of Human Recourses Center (REMAH) 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.)
- Published
- 2024
21. Patents and Public Health: State Responsibility to Opt for a Balanced Approach.
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Butt, Saima, Shaukat, Kamran, Alam, Talha Mahboob, and Jan, Tony
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INTELLECTUAL property ,LEGAL documents ,RIGHT to health ,HEALTH facilities ,JUSTICE administration - Abstract
The topic of public health is indispensable to talk about. It is essential to discuss new inventions, new and improved treatments, and their efficiencies with different combinations, but one thing that is important to remember is whether these inventions are available for those in need. Availability concerns are linked with affordability, as the affordability of a drug determines its consumption; furthermore, affordability can lead to overconsumption. The Trade-Related Aspects of Intellectual Property Rights (TRIPS) Agreement provides flexibility to control the misuse of patent monopolies. The object of this research is twofold: one is to investigate whether and how Pakistan incorporates TRIPS flexibilities in its national patent legislation, and the second is to find out the reason for unaffordable cancer treatment in Pakistan. This research highlights that the use of TRIPS flexibilities in Pakistan will help the state authorities to provide better health facilities to the public generally as well as particularly in cancer cases, as cancer treatment in Pakistan is unaffordable. The methodology applied for this research is primarily comparative and bears the qualitative aspect of the issue. This research concludes that Pakistan's legal system fails to incorporate effective legal provisions related to TRIPS flexibilities, and it also highlights that the ever-greening of patents results in the high prices of cancer medicines in Pakistan. This research further recommended that there is a dire need to incorporate and use TRIPS flexibilities in the country to control the high prices of cancer treatment and cancer mortality rate in the country. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
22. MULTILINGUAL EDUCATIONAL PRACTICES AT PRE-PRIMARY LEVEL IN SLOVENIA, AUSTRIA, ITALY AND CROATIA: A COMPARATIVE ANALYSIS.
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ŽEFRAN, MOJCA, TASLIMI, NATASCHA J., TONIOLO, SILVIA, and LAZARIČ, LORENA
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MULTILINGUAL education ,PRESCHOOL education ,LEGAL documents ,MULTICULTURALISM ,MULTILINGUALISM ,CULTURAL pluralism - Abstract
Copyright of Journal of Elementary Education / Revija za Elementarno Izobraževanje is the property of University of Maribor, Faculty of Education 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.)
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- 2024
- Full Text
- View/download PDF
23. The legal, policy, institutional and programmatic context for protecting children against online sexual exploitation in Tunisia.
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Midani, Dorra Loudhaief, Deliege, Antoine, Burton, Patrick, and Amo‐Adjei, Joshua
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CHILD sexual abuse , *SEX crimes , *LEGAL documents , *CHILD actors , *HUMAN trafficking , *CHILD welfare - Abstract
Evidence is absent in the legal, policy and programmatic landscape of online child sexual exploitation in countries in the Global South. Our work begins to contribute to filling this literature gap, drawing evidence from Tunisia, one of the least studied countries in the Middle East and North Africa (MENA). We reviewed legal and policy documents directly or indirectly connected to online child sexual exploitation, complemented with interviews from diverse actors in the child protection space at the national and sub‐national levels. We note that Tunisia is a signatory to several international and regional treaties and conventions that can be leveraged to tackle online sexual exploitation of children. Still, these have yet to be fully exploited for the benefit of children. Furthermore, we observed several disparate laws at the country level. These laws are scattered in many legal documents, and some aspects could be more specific, but currently not, which poses significant legal challenges to protecting children. Finally, many institutions implementing programmes in this space create less coordination and sometimes confusion. At best, interventions seem ad hoc without any clear mandate of specificity in institutional leadership. The implications of the findings for policies and programmes are highlighted. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
24. Entwicklungen und Besonderheiten zum Gestaltungsmissbrauch in Österreich.
- Author
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Wimpissinger, Christian
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TAX evasion ,TAX laws ,LEGAL documents ,ALLOCATION (Accounting) ,LEGAL judgments ,TAX planning ,INDIVIDUAL retirement accounts ,DOUBLE taxation - Abstract
Copyright of FinanzRundschau is the property of De Gruyter 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.)
- Published
- 2024
- Full Text
- View/download PDF
25. Verändert das Steuerrecht das Personengesellschaftsrecht? – Neue Entwicklungen zu Gewinnabführungsverträgen mit Personengesellschaften.
- Author
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Krüger, Astrid
- Subjects
CORPORATE taxes ,PROFIT & loss ,GENERAL partnership ,LEGAL documents ,RF values (Chromatography) ,PARTNERSHIP agreements - Abstract
Copyright of FinanzRundschau is the property of De Gruyter 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.)
- Published
- 2024
- Full Text
- View/download PDF
26. Trends over 50 years with liberal abortion laws in the Nordic countries.
- Author
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Skjeldestad, Finn Egil, Gissler, Mika, Geirsson, Reynir Tómas, Heino, Anna, Sigbjörnsdottir, Hildur Björk, Akerkar, Rupali, Gemzell-Danielsson, Kristina, Heikinheimo, Oskari, and Løkeland, Mette
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FETAL ultrasonic imaging , *ABORTION laws , *ABORTION , *PREGNANCY tests , *FETAL abnormalities , *ABORTIFACIENTS , *LEGAL documents - Abstract
Background: During the 1970s the Nordic countries liberalized their abortion laws. Objective: We assessed epidemiological trends for induced abortion on all Nordic countries, considered legal similarities and diversities, effects of new medical innovations and changes in practical and legal provisions during the subsequent years. Methods: New legislation strengthened surveillance of induced abortion in all countries and mandated hospitals that performed abortions to report to national abortion registers. Published data from the Nordic abortion registers were considered and new comparative analyses done. The data cover complete national populations. Results and conclusions: After an increase in abortion rates during the first years following liberalization, the general abortion rates stabilized and even decreased in all Nordic countries, especially for women under 25 years. From the mid-1980s higher awareness about pregnancy termination led women to present at an earlier gestational age, which was accelerated by the introduction of medical abortion some years later. Most terminations (80–86%) are now done before the 9th gestational week in all countries, primarily by medical rather than surgical means. Introduction of routine ultrasound screening in pregnancy during the late 1980s, increased the number of 2nd trimester abortions on fetal anomaly indications without an overall increase in the proportion of 2nd relative to 1st trimester abortions. Further refinement of ultrasound screening and non-invasive prenatal diagnostic methods led to a slight increase in the proportion of early 2nd trimester abortions after the year 2000. Country-specific differences in abortion rates have remained stable over the 50 years of liberalized abortion laws. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
27. Stealthily Breaching Dikes and the Bare Sticks Substatute: Notes on Some Legal Aspects of River Hydraulics in Late Imperial China.
- Author
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Amelung, Iwo
- Subjects
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HYDRAULIC engineering , *LEGAL documents , *RIVER engineering , *WATERSHEDS , *ACTIONS & defenses (Law) - Abstract
Human-induced breaches in the dikes of the major river systems were a common phenomenon in late imperial China. The article examines cases mainly related to the Yellow River and how these cases were dealt with on the basis of the legal code. While the extensive coverage of such cases in legal documents is an important reminder of the high degree of attention that the state paid to hydraulic installations, the phenomenon also needs to be understood as an manifestation of societal conflicts resulting from the pressures of the demographic and environmental developments of China in the late imperial period. [ABSTRACT FROM AUTHOR]
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- 2024
- Full Text
- View/download PDF
28. Syntactic Features in Legal Arabic- English Translation: A Case Study of Palestine Divorce Contracts.
- Author
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khalaf, Camellia, Moindjie, Mohamed Abdou, and Subramaniam, Ilangko
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ENGLISH language , *DIVORCE , *NATIVE language , *LEGAL documents , *TRANSLATING & interpreting , *COURT records - Abstract
This study deals with the translation of syntactic features in legal documents from Arabic into English. It aims to identify the syntactic features and to describe translatability of the syntactic features of Arabic and English Sharia divorce documents, accordingly, will help in assessing translators’ choices ad decisions. Being a qualitative descriptive study, samples of translated divorce contracts have been collected from Palestinian sworn translators and translation certified offices. Data is collected manually, and analysed using purposeful sampling, open-ended data collection, and personal interpretation. Analysis of the differences of syntactic features between Arabic and English divorce sharia court documents revealed that differences lie in the following aspects: the form of complex sentence structure, use of passive, use of nominal forms, binominals and triplets, modal verbs, conditional sentences, and the form of pronouns. The study concluded that the differences between Arabic and English syntactic features resulted in some problems of mother tongue influence, and using redundant synonyms and the literal translation of the successive dependent and parenthetical phrases which make the sentence long and complex, accordingly, not easy to be comprehended. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
29. Much ado about hallucinations: a brief assessment of the judicial response to large language model (LLM) hallucinations in the United States and Canada.
- Author
-
Ogunde, Fife
- Subjects
- *
GENERATIVE artificial intelligence , *LANGUAGE models , *LEGAL professions , *LEGAL documents , *HALLUCINATIONS - Abstract
The surge in the utilization of generative artificial intelligence within the legal profession, particularly in preparing legal documents, has prompted a flurry of responses from the judiciary, including practice directives and standing orders. These varied responses have either directly or implicitly referred to litigants using "hallucinated" cases generated by large language models (LLMs) as a major concern. This article briefly evaluates these responses, making conclusions on their propriety and relevance. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
30. Başkent Kavramı ve Osmanlı-Türk İdari Teşkilatlanmasında Başkent Uygulaması.
- Author
-
Apaydın, Bahadır
- Subjects
LEGAL literature ,LEGAL documents ,OTTOMAN Empire ,ADMINISTRATIVE law ,IMPERIALISM - Abstract
Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) 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.)
- Published
- 2024
- Full Text
- View/download PDF
31. Yapay Zekânın İdari Yargı Üzerindeki Etkileri.
- Author
-
Dinçko, Hulüsi Alphan
- Subjects
ARTIFICIAL intelligence ,PUBLIC services ,LAW offices ,LEGAL documents ,AUTOMATIC classification ,BUREAUCRACY - Abstract
Copyright of Sakarya University Journal of Law Faculty (SHD) is the property of Sakarya University Journal of Law Faculty (SHD) 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.)
- Published
- 2024
- Full Text
- View/download PDF
32. Legal Review in Indonesia Positive Law Concerning Marijuana Use for Medical Purposes.
- Author
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Sapto Pribowo, Johan Budi, Budianto, Azis, and Ferdiles, Lucky
- Subjects
RIGHT to health ,LAW reform ,LEGAL documents ,MARIJUANA legalization ,MEDICAL marijuana - Abstract
The legalization of marijuana varies across countries, with some prohibiting its use while others are starting to legalize it for medical purposes. Despite its potential therapeutic benefits, marijuana use is often stigmatized due to concerns about addiction. In Indonesia, marijuana is classified as a Class I narcotic, prohibiting its use for medicinal purposes under Law Number 35 of 2009, which restricts access to medical marijuana and raises human rights issues for individuals seeking necessary treatments. This study aims to analyze the potential benefits of legalizing medical marijuana in Indonesia and propose regulatory changes that align with the evolving needs of society and human rights principles. The research method used is a normative legal research method, involving the analysis of legal documents, literature reviews, and interviews with experts in law and health to evaluate the impact of regulatory changes on medical marijuana use. The findings suggest that appropriate legal reforms can reduce stigma, ensure access to treatment, and uphold the right to health without the threat of criminal penalties. Therefore, revising narcotic laws to allow the use of marijuana for medical purposes with proper regulations is crucial to provide those in need of treatment the opportunity to access marijuana legally without fear of criminal punishment, and to help reduce the stigma associated with its use. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
33. Liability of the Operator of an NFT Digital Artwork Trading Service Platform for Contributory Copyright Infringement.
- Subjects
CONTRACTS ,REASONABLE care (Law) ,INTELLECTUAL property ,LEGAL documents ,CIVIL procedure ,ART auctions ,INTERNET service providers - Abstract
This article discusses the liability of an NFT digital artwork trading platform for copyright infringement in China. It explains that NFT digital artworks are considered virtual property and their sale involves the transfer of property interests. The article provides information about the Bigverse platform, which allows users to create, trade, and debut NFT artworks. The platform has specific service agreements and takes measures to address copyright infringement. The court case of Hangzhou Yuanyuzhou Technology Co., Ltd. v Shenzhen Qice DieChu Cultural and Creative Co., Ltd. is used as an example to illustrate these concepts. The court ruled that the platform failed to prevent infringement and should bear legal responsibility. The ruling emphasizes the importance of copyright ownership and authorization in NFT transactions and the need for platforms to implement effective intellectual property rights review systems. The court also clarifies that NFT digital artworks are considered virtual property and transactions involving them are regulated by the right of communication to the public on information networks. The ruling upholds the original judgment and dismisses the appeal made by the platform. [Extracted from the article]
- Published
- 2024
- Full Text
- View/download PDF
34. MEDICAL ACTION OF DOCTORS WITH EUTHANASY FROM THE PERSPECTIVE OF CRIMINAL ACTS ON ISLAMIC LAW: A NORMATIVE REVIEW.
- Author
-
Ahmad, Kamri and Kamri, Andi Khaedhir
- Subjects
ETHICAL decision making ,EUTHANASIA ,LEGAL documents ,PHYSICIANS ,ISLAMIC law ,HUMAN rights ,RIGHT to life (International law) ,DECISION making - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)
- Published
- 2024
- Full Text
- View/download PDF
35. JUDICIAL PRECEDENT IN THE JUSTICE OF THE ANGLO-AMERICAN SYSTEM OF LAW.
- Author
-
Mariia, Koval, Volodymyr, Baranyak, Nataliіa, Slotvinska, Mariana, Denysiuk, and Anatolii, Kryzhanovskyi
- Subjects
AMERICAN law ,JUSTICE administration ,LEGAL norms ,HUMAN rights ,LEGAL documents ,JUDGES - Abstract
Copyright of Environmental & Social Management Journal / Revista de Gestão Social e Ambiental is the property of Environmental & Social Management Journal 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.)
- Published
- 2024
- Full Text
- View/download PDF
36. الأحكام القانونية المتعلقة بعمل الحدث.
- Author
-
موسى محمد مقدادي
- Subjects
LEGAL documents ,WORKING hours ,LEGISLATORS - Abstract
Copyright of Middle East Journal of Legal & Jurisprudence Studies / Mağallaẗ al-Šarq al-Awsaṭ li-l-ʿulūm al-Qānūniyyaẗ wa-al-Fiqhiyyaẗ is the property of Manar Elsharq for Studies & Research 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.)
- Published
- 2024
37. Preambulum az idegenjogi szakigazgatás rendszerében.
- Author
-
Zoltán, Hautzinger
- Subjects
TRAVEL regulations ,LEGAL documents ,MIGRANT labor ,INTERNATIONAL relations ,DWELLINGS - Abstract
Copyright of Belügyi Szemle / Academic Journal of Internal Affairs is the property of Ministry of Interior of Hungary 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.)
- Published
- 2024
- Full Text
- View/download PDF
38. الأحكام الشرعية المتعلقة بتصميم الألعاب الإلكترونية وبرمجتها دراسة فقهية مقارنة بالقانون السعودي.
- Author
-
عبده علي محمد الج
- Subjects
ELECTRONIC games ,YOUNG adults ,TELECONFERENCING ,LEGAL documents ,RESEARCH personnel - Abstract
Copyright of Humanities & Educational Sciences Journal is the property of Humanities & Educational Sciences Journal 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.)
- Published
- 2024
39. THE LEGAL FORCE OF THE DEED OF SALE AND PURCHASE OF LAND ON CONGENITAL PROPERTY BETWEEN HUSBAND AND WIFE.
- Author
-
Murti, Restu Adhi, Dwianto, Rafli, Rachmatika, Dina, Gunawan, Sigit, and Karina, Siska
- Subjects
PROPERTY rights ,LIBRARY laws ,LEGAL documents ,CIVIL code ,LAND title registration & transfer - Abstract
Land sale and purchase is an important transaction carried out to obtain rights to land. Land is one of the most valuable assets and has the potential to generate profits in the future. Land is becoming increasingly valuable because land is increasingly scarce, over time and the increasing human population, land prices continue to increase. This makes the business of buying and selling land an investment class that is definitely promising for everyone, ranging from housing, business premises, agriculture, to investment. Therefore, the process of buying and selling land and similar actions must be carried out carefully and in accordance with applicable legal provisions. However, many people do not understand the importance of the procedures for transferring land rights in Indonesia regulated in various laws and regulations. As happened in the journal to be discussed, where there was a sale and purchase between husband and wife that had been made AJB before the Temporary Land Maker Official. Where this agreement violates the objective requirements according to the Civil Code, resulting in the agreement being "null and void". In this method we use a normative juridical method which is a library law research with an approach that is carried out using reviewing the main legal material focusing on analyzing regulations, doctrines, and legal principles related to the transfer of land rights. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
40. Extending the formal state: the case of Pakistan's Frontier Crimes Regulation.
- Author
-
Callen, Michael, Gulzar, Saad, Rezaee, Arman, and Shapiro, Jacob N.
- Subjects
GREEN Revolution ,CRIME ,AGRICULTURAL productivity ,BRITISH colonies ,NON-state actors (International relations) ,TRIBAL government ,LEGAL documents - Abstract
Why do modern states allow parts of their territory to be governed by non‐state actors? We study this question using the Frontier Crimes Regulation (FCR) in Pakistan, a British Colonial law abrogated only in 2018, which left governance to pre‐colonial tribal councils in large parts of modern day Pakistan. In areas where the FCR did not apply, the British and then Pakistani state built modern political and bureaucratic institutions. Using primary legal documents, we build a dataset of when and where the FCR applied between 1901 and 2012. The territorial extent of the formal state is both cleanly demarcated by this law and varies substantially over time, permitting an empirical examination of the determinants of state control. The data reveal that the Green Revolution's potential to transform agriculture played a major role in extending the formal state. The law was repealed first from areas where agricultural productivity benefited the most from the Green Revolution. This is consistent with a model in which technological changes that shift the returns to control influence where states choose to govern. This paper is part of the Economica 100 Series. Economica, the LSE "house journal" is now 100 years old. To commemorate this achievement, we are publishing 100 papers by former students, as well as current and former faculty. Michael Callen is an Associate Professor at the LSE. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
41. Torture Law and the Criminal Justice System in Pakistan.
- Author
-
Adil, Kamran
- Subjects
CRIMINAL justice system ,TORTURE ,CRIMINAL law ,POLICEWOMEN ,CRIMINAL procedure ,LEGAL documents - Abstract
The article examines the Torture and Custodial Death (Prevention and Punishment) Act, 2022 in Pakistan, with special reference to its origin, characteristics, and the way it affects the criminal justice system. Topics discussed include genesis of the law, salient features of the law, and impact of the law on the criminal justice system.
- Published
- 2024
42. National Legislations on Air Quality Protection and Penalties for Atmospheric Air Pollution in Central Asia.
- Author
-
Umbetbayeva, Zhuldyz, Suleimenova, Saule, Ospanova, Djamilya, Nurahmetova, Gulmira, and Aigarinova, Gulnar
- Subjects
AIR pollution ,AIR quality ,ENVIRONMENTAL crimes ,LEGAL documents ,EMISSION standards ,ENVIRONMENTAL security - Abstract
Air pollution poses severe risks to public health and the environment, with acts contributing to air contamination potentially constituting environmental crimes or public health offenses. This research examines the national legislations and international legal frameworks aimed at safeguarding atmospheric air quality and addressing air pollution-related offenses in Central Asian countries. Particular attention is given to legal provisions that establish emission standards, monitoring mechanisms, and punitive measures for violations. By exploring the genesis and implementation of these legal instruments, the research identifies potential gaps, inconsistencies, or weaknesses that may hinder the effective prosecution of environmental crimes associated with air pollution in the Central Asian region. This study contributes to the broader understanding of environmental criminology by examining the interplay between international norms, national legislations, and institutional structures in combating air pollution-related offenses. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
43. Quality of work-life situation and effectiveness of labour laws: managerial perspectives.
- Author
-
Shrestha, Prakash, Parajuli, Dilip, and Adhikari, Bibek Raj
- Subjects
HUMAN security ,LABOR laws ,MIDDLE managers ,WORK environment ,LEGAL documents ,EMPLOYEE benefits - Abstract
Purpose: This paper aims to examine the current quality of work-life (QWL) situation and the effectiveness of labor laws for promoting QWL in the context of Nepalese workplaces. Design/methodology/approach: It uses a descriptive-interpretative-qualitative approach to analyze the responses. Information is gathered through discussions with 85 higher- and middle-level managers of large and medium-sized organizations. Findings: The majority of Nepalese organizations accept safe and healthy working conditions, social relevance of work-life, social integration in the work organization, and work and total life space as the key aspects of QWL. They have become even more critical as a result of the COVID-19 pandemic. However, they face challenges in providing employees with opportunities for continued growth and security, immediate opportunity to use and develop human capacities, adequate and fair compensation and constitutionalism in the work organization. QWL-related provisions in Labour Act, 2017, play a vital role in promoting the QWL situation. The QWL programs offer many benefits to employees' private and working lives. The lack of such programs would undoubtedly have negative consequences for Nepalese companies. Compliance with labor laws will promote a better QWL situation at Nepalese workplaces. Research limitations/implications: Only managerial perspectives are considered for examining the current situation of QWL and the effectiveness of QWL-related provisions of the Labour Act, 2017. It excludes the views of union leaders. Practical implications: This paper indicates that labor laws' QWL-related provisions are effective. It also provides several policy measures for promoting a better QWL in Nepalese workplaces. Originality/value: This study presents QWL-related legal provisions and the actual situation at the workplaces of Nepal. It also presents the key aspects of QWL in the context of Nepal. [ABSTRACT FROM AUTHOR]
- Published
- 2024
- Full Text
- View/download PDF
44. Erweiterte Kürzung bei Vermietung eines Hotelgrundstücks.
- Author
-
Schley, Nico, Martini, Ruben, and Wargowske, Lars
- Subjects
LEGAL documents ,FEDERAL court decisions ,TAX courts ,LEGAL judgments ,REAL property - Abstract
Copyright of Die Unternehmensbesteuerung (Ubg) is the property of De Gruyter 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.)
- Published
- 2024
- Full Text
- View/download PDF
45. ARTICOLUL 1090 COD CIVIL - O ALTĂ INTERPRETARE.
- Author
-
DOBRE, ION
- Subjects
LEGAL documents ,CIVIL code ,DEAD ,SPOUSES ,INHERITANCE & succession - Abstract
The new Romanian Civil Code regulates the special available quota of the surviving spouse, in Article 1090, which, in its content, represents a compromise between the two main lines of thought, outlined in the doctrine, regarding the interpretation and application of the previous regulation, contained in Article 939 of the Romanian Civil Code of 1864. Article 1090, specified above, in paragraph (2), establishes the legal fate of the difference between the ordinary available quota and the special available quota of the surviving spouse, providing that this difference belongs, in its entirety, to the descendants, in case the deceased does not dispose of it through liberalities. Contrary to the clear and unmistakable meaning of this legal provision, an opinion emerged in the doctrine, which became of the majority, according to which the difference between the quotas belongs to the descendants not only if the deceased did not dispose of it, but also when the deceased disposed of it through liberalities in favour of the surviving spouse, but the provision is ineffective as a result of exceeding the special available quota. The present study makes a demonstration of the unfounded character of that opinion, by confronting it with the relevant legal provisions and with the results reached by applying, in this case, the unanimously accepted methods of legal interpretation, emphasizing at the same time the fact that from these it follows that the correct interpretation is the one according to which the difference between the quotas is divided between the surviving spouse and descendants according to the legal succession quotas. [ABSTRACT FROM AUTHOR]
- Published
- 2024
46. FORȚA OBLIGATORIE A CONTRACTULUI.
- Author
-
MAGDO, MONNA-LISA BELU
- Subjects
CONTRACTS ,LEGAL documents ,EUROPEAN law ,CONSTITUTIONAL courts ,SOCIAL security ,SOCIAL contract - Abstract
One of the most important principles in contractual matters, related to the effects produced towards the contracting parties, is that of its binding force, having its source in the will of the contracting parties, in their autonomy of will, sacralized by the power of law recognized to this will. In the introductory part of the study, it was brought into discussion whether the legal power of the binding force of the contract, enshrined in the current Civil Code, is still up-to-date compared to the realities of our days, when, under the influence of economic, social and globalist phenomena, we are witnessing a limitation of the freedom of will, to its censuring at legal level, to the possibility of the judge to adjust the contract, even beyond the will of the parties. As support for the argument, reference was made to the UNIDROIT principles, to the Principles of the European Contract Law, to the Reference Framework Project, to the Portuguese Civil Code and to that of Quebec, which enshrine the binding force of the contract, without confering it the power of law. The binding force of the contract subsists because the objective law, the legislation, recognizes and grants it, and the private norm, as the law of the parties, which details the binding nature of the contract, must be in accordance with the objective law, without being assimilated with the objective legislation. In outlining the principle of the binding force of the contract, we bent over and brought into discussion the distinction between the obligational nature and the binding nature of the contract, which operates regardless of the obligational or non-obligational content of the contract. The binding nature of the contract, its binding force, acts not only with regard to its content, as it is established by the express or implicit clauses, from its interpretation, from the implied clauses that are part of the contract [Article 1272 (2) of the Civil Code], but also regarding the extended and accepted clauses or the negotiated or common standard clauses, even if, in our opinion, the latter represent a way to supplement the contract. Contractual fidelity is analyzed in this study not only from the perspective of the debtor, bound by the fulfilment of the obligation assumed with the diligence of a good owner, but also from the perspective of the creditor, whose conduct must not make the execution of the contract more difficult. Cooperation seen as a means of achieving the common interest entails the creditor's duty to minimize the damage, in the case of the debtor's abdication from the binding force of the contract. In terms of the binding force of the contract, its modification and cessation are examined in relation to the principle of symmetry and asymmetry, the first having as its basis the agreement of the parties, and the second the contractual clause or the legal provision. In the operation of the mutual cessation of the contract, the study distinguishes between revocation and termination, and in terms of the extent of the effects, between future cessation and retroactivation of the cessation, when the nature of the services allows it. In the approach to unilateral denunciation, of contractual or legal origin with a mutual character, there were discussed the mitigated and derived aspects of the operation of denunciation, with regard to some contracts, the exercise of this potestative right in good faith and the protective features of contract retraction, in the matter of consumer protection. Likewise, the particularities of the forced cessation of the intuitu personae contracts, included among the cases of contract lapsing, were emphasized, and the legislative interventionism in the modification of the contract in various forms of manifestation was explained and justified by the social utilitarianism of contracts. The study emphasizes the restrictive character of the adaptation of the contract as a means of safeguarding it, associated with those effects that come out of the zone of reasonable risk, seriously affecting the contractual balance and calling into question the contractual justice. The adaptation of the contract goes beyond the framework of interpretation of the clauses, sometimes calling into question their modification, whenever it is imposed by the requirement to revive the ratio of proportionality, to ensure the utility and social security of the contract. The paper deals with the problem of adapting the contract in the spirit of the decisions of the Constitutional Court, which transpose the adaptive process of the contract, by identifying the balance point of the benefits, without reducing it to their value threshold and without ignoring the circumstances or the fluctuations that occurred after the conclusion of the contract. [ABSTRACT FROM AUTHOR]
- Published
- 2024
47. EuGH-Vorlage zum Aufteilungsgebot beim ermäßigten Steuersatz bei unselbständiger Nebenleistung zur Beherbergung (hier: Parkplätze, Fitness- und Wellnesseinrichtungen, W-LAN).
- Subjects
TAX rates ,TAX deductions ,VALUE-added tax ,LEGAL documents ,FEDERAL courts - Abstract
Copyright of Umsatzsteuer-Rundschau is the property of De Gruyter 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.)
- Published
- 2024
- Full Text
- View/download PDF
48. VISUAL LAW COMO ELEMENTO FACILITADOR PARA A COMPREENSÃO DOS ACORDOS NAS AUDIÊNCIAS DE CONCILIAÇÃO.
- Author
-
Aires Cavalcante Souto, Débora Camila and de Lima Queji, Andressa Maria
- Subjects
LEGAL documents ,LAW students ,TRIALS (Law) ,CONFLICT management ,QUANTITATIVE research - Abstract
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.)
- Published
- 2024
- Full Text
- View/download PDF
49. AS TÉCNICAS DE SOLUÇÃO CONSENSUAL DE CONFLITOS COMO ALTERNATIVAS NA EXECUÇÃO DAS DECISÕES ESTRUTURAIS.
- Author
-
Pereira Nicolak, Valéria Virginia, Saleta Pacheco, Fernando Augusto, and Martins Ferreira, Lara
- Subjects
LEGAL documents ,DISPUTE resolution ,GOVERNMENT policy ,CONFLICT management ,CIVIL procedure - Abstract
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.)
- Published
- 2024
- Full Text
- View/download PDF
50. GRATIFICAÇÃO SEM SOLUÇÃO: A LEI N° 14.726/2023 E A ILUSÃO DE PROMOÇÃO AO ACESSO À JUSTIÇA NO ÂMBITO DA DPU.
- Author
-
Amorim de Souza Lima, James Braulio, de Lima Filho, Jorge Manoel, and Rodrigues Lelis, Henrique
- Subjects
ACCESS to justice ,LEGAL documents ,PUBLIC defenders ,JUSTICE administration ,PUBLIC works - Abstract
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.)
- Published
- 2024
- Full Text
- View/download PDF
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