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Concerns have been raised regarding misconceptions about attachment theory in child protection settings, but the application of attachment concepts in judicial child protection decisions has not been systematically explored. This study therefore examined the perception and application of attachment concepts in Swedish judicial decision protocols concerning involuntary removals of children (aged 0–2 years) where emotional neglect was a notable concern (n=28). Attachment concepts were frequently misunderstood, and imprecisely articulated. Unsystematic observations of child behavior were used to infer attachment insecurity and, by extrapolation, caregiving deficiencies. Attachment concepts were primarily used to support child removal, and insecure attachment seemed to be viewed as meeting the legally required level of risk to warrant involuntary child out–of–home placement. Our results indicate that misconceptions about attachment theory may be prevalent in judicial decision protocols. We emphasize the need to elaborate on risks in legally relevant ways without incorrect appeals to attachment theory. [ABSTRACT FROM AUTHOR]

Abstract There are examples of how unconscious bias can influence actions of people. In the judiciary, however, despite some examples there is no general theory on whether different demographic attributes such as gender, seniority or ethnicity affect case sentencing. We aim to gain insight into this issue by analyzing over 100k decisions of three different areas of law with the goal of understanding whether judge identity or judge attributes such as gender and seniority can be inferred from decision documents. We find that stylistic features of decisions are predictive of judge identities, their gender and their seniority, a finding that is aligned with results from analysis of written texts outside the judiciary. Surprisingly, we find that features based on legislation cited are also predictive of judge identities and attributes. While own content reuse by judges can explain our ability to predict judge identities, no specific reduced set of features can explain the differences we find in the legislation cited of decisions when we group judges by gender or seniority. Our findings open the door for further research on how these differences translate into how judges apply the law and, ultimately, to promote a more transparent and fair judiciary system.

There are examples of how unconscious bias can influence actions of people. In the judiciary, however, despite some examples there is no general theory on whether different demographic attributes such as gender, seniority or ethnicity affect case sentencing. We aim to gain insight into this issue by analyzing over 100k decisions of three different areas of law with the goal of understanding whether judge identity or judge attributes such as gender and seniority can be inferred from decision documents. We find that stylistic features of decisions are predictive of judge identities, their gender and their seniority, a finding that is aligned with results from analysis of written texts outside the judiciary. Surprisingly, we find that features based on legislation cited are also predictive of judge identities and attributes. While own content reuse by judges can explain our ability to predict judge identities, no specific reduced set of features can explain the differences we find in the legislation cited of decisions when we group judges by gender or seniority. Our findings open the door for further research on how these differences translate into how judges apply the law and, ultimately, to promote a more transparent and fair judiciary system. [ABSTRACT FROM AUTHOR]

With the ever-growing accessibility of case law online, it has become challenging to manually identify case law relevant to one's legal issue. In the Netherlands, the planned increase in the online publication of case law is expected to exacerbate this challenge. In this paper, we tried to predict whether court decisions are cited by other courts or not after being published, thus in a way distinguishing between more and less authoritative cases. This type of system may be used to process the large amounts of available data by filtering out large quantities of non-authoritative decisions, thus helping legal practitioners and scholars to find relevant decisions more easily, and drastically reducing the time spent on preparation and analysis. For the Dutch Supreme Court, the match between our prediction and the actual data was relatively strong (with a Matthews Correlation Coefficient of 0.60). Our results were less successful for the Council of State and the district courts (MCC scores of 0.26 and 0.17, relatively). We also attempted to identify the most informative characteristics of a decision. We found that a completely explainable model, consisting only of handcrafted metadata features, performs almost as well as a less well-explainable system based on all text of the decision. [ABSTRACT FROM AUTHOR]

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.)

This paper reviews seven selected major decisions by domestic courts from the second half of 2023 to the first half of 2024 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases. [ABSTRACT FROM AUTHOR]

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

Intimate partner violence (IPV) is a substantial problem in Canada, leading to over 100,000 victims reporting to police in Canada annually. However, there is no legal definition or Canadian Criminal Code offence for IPV. The purpose of this study was to examine how judges in the Canadian prairie provinces (Alberta, Saskatchewan, and Manitoba) define IPV in criminal cases. One hundred full-text, written judicial decisions from 2016 to 2022 were analyzed. Findings indicate that judges tend to discuss IPV as it relates to sexual and psychological violence; threats, coercive control, and physical violence; isolation and stalking; economic abuse and threats to take children away. Given that current Canadian law does not recognize psychological abuse as a criminal offence, this may signal a need for the creation of a legal definition of IPV to align with how more directly it is being discussed in courtrooms. [ABSTRACT FROM AUTHOR]

[Purpose] To analyze regulation through litigation in the Brazilian legal system, investigating its application in courts and its impact on the legal system and economic relations. [Methodology/approach/design] Theoretical approach based on literature review and analysis of relevant cases. [Findings] Regulation through litigation is an established practice in Brazil, although it is not extensively explored in the national doctrine. It is concluded that the Judiciary can also play a regulatory role, directly influencing the development of regulatory policies and the behavior of economic agents. [Originality/value] Regulation through litigation is a topic largely unexplored in the national doctrine, and this article aims to fill this gap by investigating and analyzing the application of this phenomenon in Brazilian courts.

[Purpose] The paper aims to understand the relationship between Artificial Intelligence, Law and Discourse (namely, the one used in judicial decisions). To then analyze how the interference of Artificial Intelligence in judicial decisions can guarantee impartiality and if that interference should be the intention. [Methodology/Approach/Design] For this purpose, a theoretical reflection was carried out around the central concepts: Law, judicial decisions, impartiality, and artificial intelligence. For this, bibliographical research was carried out. [Findings] Artificial Intelligence (AI) is a current reality. A tautology that has been repeated so that individuals do not forget the challenges they face as a result. Thus, the courts, the judicial professions, and the law, are being confronted with this “new” reality, whether in a challenge format or from the perspective of the facilities that AI brings coupled. It remains to be seen, then, what will be the principles of law. If AI will interfere in judicial decision-making (as has already been tested), what will become of the principle of impartiality? And is this a principle that is intended to be maintained or even currently exists? The article goes through all these corners: the intertwining between discourse, law and AI; impartiality and AI as a decision-maker.

The crisis of moral principles of social development at the present stage, the need of Russian law to create new legal traditions, the need to form a new scale of social values necessitate the assessment of the existing criminal procedure regulation for compliance with moral and ethical standards, the main axiological determinants of modern society, among which faith and trust occupy a special place. Through these categories, it is necessary to assess the understanding of evidence reliability in criminal proceedings. Purpose: to analyze the evidence reliability by interpreting its criteria in law enforcement practice. Methods: methods of comparative and comparative law research, description, interpretation; axiological and axiomatic methods; specific scientific methods: legal-dogmatic and interpretation of legal norms. Results: the study allows to conclude that it is necessary to assess the evidence reliability due not only to its procedural significance, but also to its moral essence. The analysis of judicial practice allows to argue the thesis that, unlike faith, which does not require proof, reliability needs confirmation, but in practice the criteria for assessing the evidence reliability are highly differentiated.

Legal realism and legal formalism as two methods of judicial decision-making in national and international courts have been hot theoretical and philosophical topics among writers, judges, and lawyers in recent decades. Both methods have supporters and each has presented arguments to strengthen their views. In this research, with a descriptive-analytical method and using the library method and using reliable internet sources to collect data, an attempt has been made to answer the question that contemporary international law is at the crossroads between realism and legal formalism Which way is it going and what method does the International Court of Justice, follow in issuing its opinions? The answer that we got in brief is that the debate between these two methods in contemporary international law and as a result in the opinions of the International Court of Justice, has not had a clearly defined winner. However, the tendency is more towards formalism.

Copyright of Law, State & Telecommunications Review / Revista de Direito, Estado e Telecomunicações is the property of Grupo de Estudos em Direito das Telecomunicacoes (GETEL) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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

This article proposes a critical, constructivist and anthropological analysis of power dynamics in social media and the Brazilian judiciary during the 2022 Brazilian elections. Through two case studies, it aims to explore the links between power dynamics in these environments and their practical implications for knowledge, ideas, norms, judicial acts, and values. With this in mind, the first case study analyzes speeches given by the extreme right on the Telegram social platform, while the second case study examines the judicial conflict between the same platform and the Superior Electoral Court. The methodology used in this analysis is mixed, combining computational data analysis with critical discourse analysis.

Climate litigation in Colombia is increasingly centred on fundamental and/or constitutional human rights. This note evaluates rights-based climate litigation in Colombia through the lens of five cases that protect ecosystems: the Atrato River, the Combeima River, and the Bruno River; the Amazon rainforest; and the Páramos ecosystem. First, the framing of cases is analysed. Second, the judges' interpretations of the link between constitutional rights and climate change (if any), their reasoning, the scope of the remedies granted, and their intended impact are analysed. Relatedly, the note explores whether decisions that do not explicitly mention climate change can be considered climate cases as their remedies directly or indirectly affect climate change mitigation or adaptation. Finally, the note examines the status of compliance with or implementation of judicial remedies in climate cases. [ABSTRACT FROM AUTHOR]

The political character of law in general, basically consisting of its final orientation to the political common good, has been recognized by authoritative doctrine in the field of classical realism. Notwithstanding this, the pursuit of the common political good through law has been predominantly admitted at the level of legislative activity (mediate efficient cause of law) with some degree of oblivion regarding its presence in concrete justice and -particularly- in the judicial concrete justice (immediate efficient cause of law). Faced with the anomalous practices known as the «politicization of law» or the «judicialization of politics», it is pertinent to understand the scope and sense of a correctly conceived political character of judicial sentences. [ABSTRACT FROM AUTHOR]

The system of childhood and adolescence was created as a response to the so-called Criminal Law of Minors - hereinafter SRPA - (2006), through the thesis of comprehensive protection with some differences between the European and Anglo-Saxon systems, which in both cases define the adolescent as a subject of maximum protection or in the opposite case can be judged as an adult. The main purpose of the Colombian system lies in the repair and accompaniment of the minor in search of directing him in the best possible way for his rehabilitation: society, family, and school; however said purpose is impossible in many cases given the complexity of each situation and the lack of resources on the part of the State, making it difficult to comply with the reparation of victims. [ABSTRACT FROM AUTHOR]

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

This article reviews four selected major decisions by domestic courts in 2023 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases. [ABSTRACT FROM AUTHOR]

The topic of the present article concerns the evolution of criminal liability portrayed by using the example of the relationship between the concepts of a doctor and an official, which was characteristic of the historical and system of state changes occurring in the state. Numerous legal institutions, which are currently in force in the Penal Code, were shaped between 1918 and 1939. After 1945 and the establishment of the Polish People's Republic, the role of the state increased, which was expressed in the treatment of doctors as officials and state functionaries, which was, in turn, related to the subjugation of every area of life to state regulation. Despite this, judicial decisions of the courts attempted to reduce criminal liability which pertained to a disproportionately large circle of subjects. This jurisprudential direction was the basis for the current solutions, which came into force in the Penal Code of 1997. [ABSTRACT FROM AUTHOR]

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.)

High temperatures have been shown to affect human cognition and decision-making in a variety of settings. In this paper, we explore the extent to which higher temperatures affect judicial decision-making in India. We use data on judicial decisions from the Indian eCourt platform, merged with high-resolution gridded daily weather data. We estimate causal effects by leveraging a fixed effects framework. We find that high daily maximum temperatures raise the likelihood of convictions and these results are robust to numerous controls and specifications. Our findings contribute to a growing literature that documents that the negative impacts of rising temperatures are often more severe in low- and middle-income countries. [ABSTRACT FROM AUTHOR]

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

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

Copyright of GeSec: Revista de Gestao e Secretariado is the property of Sindicato das Secretarias e Secretarios do Estado de Sao Paulo (SINSESP) 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.)

AbstractIndonesia’s hate speech provision under Article 28(2) of the Electronic Information and Transaction Law lacks an objective threshold. This article presents a case study of twenty-seven judicial decisions to investigate whether such lack had consequently limited or instead broadened the judiciary’s discretion in determining hate speech. The results of the study show that the construction of Article 28(2) has led to a broad determination of hate speech, as it reveals an inconsistency in considering the harm of hate speech. This paper discusses where the inconsistencies are found and why they are problematic when assessing harm. Furthermore, in light of the case studies, the paper took into perspective the recent development of the Criminal Code to suggest the way forward for Indonesia’s law on hate speech.

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

The myriad opportunities social media provide for amplifying individual expression are counterbalanced by the countless opportunities they afford employers to monitor and regulate employees' off-duty speech. The embedding of social media platforms into peoples' daily routines has blurred the boundaries between work and non-work domains. This presents a host of ethical, legal, and moral challenges pitting the rights and interests of employees against the authority and power of employers. In seeking to investigate whether, and the extent to which, employees' off-duty expression is becoming subject to increasing employer control we conducted a systematic content analysis of Canadian judicial opinions from some 50 arbitration and court decisions involving the porous boundary between employees' off-duty and work lives. The findings offer insights into the governance trajectory being charted by jurisdictional expressions in Canada that deal with reconciling employees' right to freedom of expression with their contractual obligation to avoid harming employers' public reputation. The analysis shows that employers are seeking to impose strong disciplinary measures for employee off-duty social media postings they deem contrary to their interests, and that adjudicators are upholding the imposing of such discipline while mitigating employer disciplinary excesses. These observations suggest the classic dichotomy between owners' time and own time is being reconfigured into a distinction between owners' time/space and one's own tethered time/space. The recent introduction of 'right to disconnect' legislation offers labour unions a unique opportunity to develop collective bargaining proposals aimed at eliminating the tethering of employees' time/space and better protecting their off-duty expression. [ABSTRACT FROM AUTHOR]

This article explores the European Court of Human Rights' evolving approach to gender stereotypes in judicial decisions under Article 14 of the European Convention on Human Rights (ECHR). In Carvalho Pinto de Sousa Morais v Portugal, the Court found the use of harmful gender stereotypes in judicial decisions to be a breach of Article 14 ECHR using a "novel" approach to establishing discrimination. The novelty, however, appears to have been subsequently diluted in the JL v Italy case. Here, the Court failed to consider Article 14 altogether. Side-lining article 14 in such cases has far-reaching consequences for the individual victim, and conceals the pervasive and systemic nature of gender discrimination. Lack of a robust anti-discrimination analysis also stunts the Court's ability to formulate general remedial action that may contribute towards changing institutional structures which perpetuate harmful gender stereotypes. This article argues that a clear and consistent approach to assessing gender stereotypes under Article 14 ECHR is needed if women's substantive equality is to be practical and effective. [ABSTRACT FROM AUTHOR]

Starting with the general provisions of the Civil Procedure Code regarding the effects of the court decisions, as well as the special provisions of the Civil Code regarding the role of co-ownership in taking the legal actions, the aim of this study is to identify and analyse the arguments that both the doctrine and the jurisprudence are using in order to describe the connection between these norms. The study is also bringing into discussion the Decision no. 18/17th of February 2020 of the High Court of Cassation and Justice as it has significant implications on the matter. By highlighting the line between the third party effect and enforceability of the court decisions, the study is also analysing the involvement of the parties and third parties. Moreover, the study is looking to identify the particular situation of the third party co-owner when facing an unfavourable court decision regarding animmovable property claimed in a real estate matter. Considering all these work hypotheses, the study's final purpose is to lead to the conclusions regarding the legal matter chosen to be analysed and debated.

Abstract Laws and legal decision-making regulate how societies function. Therefore, they evolve and adapt to new social paradigms and reflect changes in culture and social norms, and are a good proxy for the evolution of socially sensitive issues. Here, we use an information-theoretic methodology to quantitatively track trends and shifts in the evolution of large corpora of judicial decisions, and thus to detect periods in which disruptive topics arise. When applied to a large database containing the full text of over 100,000 judicial decisions from Spanish courts, we are able to identify an abrupt change in housing-related decisions around 2016. Because our information-theoretic approach pinpoints the specific content that drives change, we are also able to interpret the results in terms of the role played by legislative changes, landmark decisions, and the influence of social movements.

Copyright of Revista de Ciencias Sociales (13159518) is the property of Revista de Ciencias Sociales de la Universidad del Zulia Venezuela and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

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

This paper reviews five selected major decisions by domestic courts of Korea from the second half of 2022 to the first half of 2023 by taking a closer look at the changing legal practices and attitudes of the Korean judiciary in applying international law in domestic cases. [ABSTRACT FROM AUTHOR]

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

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

Indonesia's hate speech provision under Article 28(2) of the Electronic Information and Transaction Law lacks an objective threshold. This article presents a case study of twenty-seven judicial decisions to investigate whether such lack had consequently limited or instead broadened the judiciary's discretion in determining hate speech. The results of the study show that the construction of Article 28(2) has led to a broad determination of hate speech, as it reveals an inconsistency in considering the harm of hate speech. This paper discusses where the inconsistencies are found and why they are problematic when assessing harm. Furthermore, in light of the case studies, the paper took into perspective the recent development of the Criminal Code to suggest the way forward for Indonesia's law on hate speech. [ABSTRACT FROM AUTHOR]

The paper presents a comparative lexical analysis of the most frequent noun lemmas in Slovak judicial decisions. The data was taken from the large corpus of decisions provided by the Ministry of Justice of the Slovak Republic, and compared with lemmas from four other corpora. The style of administrative, legal and other highly formalized texts has been receiving attention in recent years, although research into the style of Slovak judicial decisions remains rather sparse, which could partially stem from their idiosyncratic nature. The paper's aim is thus to focus on the quantitative and qualitative characteristics of noun lemmas found specifically in the style of judicial decisions. [ABSTRACT FROM AUTHOR]

Copyright of Iş, Güç: The Journal of Industrial Relations & Human Resources is the property of Is, Guc: The Journal of Industrial Relations & Human Resources 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.)