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The article discusses the research methodology of the basics of information security. A special place is given to the selection of methodological research tools. This selection was made on the basis of the exclusive importance of the field of information provision in interaction with other directions of state building and national security. At the same time, we note that the raised issue has an interdisciplinary nature due to its inherent legal and structural nature: legal, economic (technological), and moral and psychological components. Under such conditions, the philosophical-dialectical method is extremely important in view of its epistemological nature, which will contribute to the derivation of the author’s conclusions and judgments, which will be characterized by consistency and continuity. The conducted analysis made it possible to reveal that the current summary in terms of understanding the role and significance of the methodological component for the results of our research is the following: from the point of view of the methodology of legal science, the paradigm of information security has a complex structure, which is formed by the elements: law enforcement methodology, the legislation of Ukraine, the systematics of legal norms, explanations of the legal norm, the procedure for implementing the provisions of the law, the legal policy of the state in the field of information security, media culture and media ethics in the application of legislation that regulates the issue of complete access of citizens to sources of information, tactical and strategic directions of activities of entities ensuring security in the use of information, the effectiveness of the application of legislation, law-enforcement examination of departmental regulations regulating relations in the field of information security. Attention is drawn to the fact that any of the listed structural elements of a complete complex of information security can serve as the object of a separate scientific study. The above studies revealed that the selected methodological tools for solving the task of our scientific intelligence will contribute to the professional research of the in-depth component processes of the implementation of measures in the areas of protection of the information space of Ukraine. The application of methodological techniques will allow us to more fully and comprehensively reveal the role of the information security institute in the development of our ideas about the system of measures to ensure the information hygiene of the Ukrainian media, public-legal and private-legal intellectual space, to identify new aspects in its structure and elemental composition. [ABSTRACT FROM AUTHOR]

The article analyses logic as an element of legal reasoning and its application in the process of drafting legal documents. Mastering the art of drafting legal documents is an invaluable skill in the professional legal activity of representatives of various legal professions, which can ensure their comprehensibility and clarity, and accordingly, the proper protection of rights. An integral part of this skill is logic as an element of legal reasoning, the correctness of its application. Representatives of various legal professions, whose work is related to legal norms and the drafting of legal documents, refer to elementary rules of logic. Legal reasoning related to the interpretation of normative legal acts and their application to cases, during the evaluation of evidence and making final decisions, which are reflected in legal documentation, is an important means of achieving the rule of law. Due to the special legal thinking, lawyers get the ability to consider any thing from a concrete and not an abstract point of view. Every successful lawyer must be well versed in the laws of formal and informal logic, the rules of operating concepts, judgments, and inferences. Logic is the science of how we should reason if our goal is to discover truth. Neglecting the laws of formal logic in the process of drafting legal documents (identity, contradiction, excluded third party and sufficient grounds) leads to errors. The lack of necessary skills can manifest itself in the composition of the text of legal documents in the form of errors, which, in turn, can cause serious consequences in the form of violations of human rights and freedoms and, as a result, the principle of the rule of law. Knowledge of formal and informal logic, the peculiarities of its application, will contribute to the development of the skills of correct and effective legal reasoning, which will master the art of drafting legal documents -- an invaluable skill in the professional legal activity of representatives of various legal professions, which is the unconditional foundation of the observance of human rights and freedoms in our state, as well as implementation of the rule of law principle. [ABSTRACT FROM AUTHOR]

Currently, Ukraine is in the aspect for various directions of the regulations of the legal environment as a whole. Therefore, now in its history, it is expedient to find different directions of normative models for fighting corruption. Forming the normative-legal aspect of the historical period in Ukraine and the former USSR, it is extremely appropriate to allocate a number of fundamental, single-out directions. After all, the normative model of the fight against corruption is formed on the part of our state based on the behavior of individuals and the reproduction of deviations from the isolated legal aspect that they provide as a whole. This normative model is aimed at the era of „Stalinism”. Therefore, in order to overcome the fight against the formation of corruption in the conditions of martial law in Ukraine, human rights in general are greatly violated, because the aspectual totalitarianism was formed incompatible with their emergence. There are also positive aspects to the expediency of the formation: it was formed to study the educational discipline in the conditions of martial law in Ukraine, an appropriate interaction between the isolated degree of human authority and the degree of aspectism in general. Inheritance of being brought to normative responsibility and bearing – implies for the persons who are closest to the top of the authorities in the conditions of martial law in Ukraine – the closer the entourage is to the top, the more it implies a very high risk of temptation. That is, the formation of the principle of implementation of the normative surface model responsibility: „top-down”, which is an extremely necessary means of implementing the social, legal and economic model of justice as a whole. Improving the educational environment in the conditions of martial law in Ukraine also expediently forms a model of fighting corruption in the economic direction – the realization of strong legal and economic responsibility of a person is necessary, according to the recommendations of the „leader”. For the necessary permissible time, such personalities formed the model party elites. This formed model forms the basis of directions during the times of Khrushchev and Brezhnev. It is also appropriate to recall two more specific features of the economic model created under the conditions of martial law in Ukraine: firstly, the formation of an individual in the permissible direction of his power requires a normative and legal argument, secondly, money in this model has only a secondary role or not have a conceptual aspect as a whole. Noting that the educational component in the conditions of martial law in Ukraine is a model of combating corruption, I ensure the impossibility of the desire to force people into power structures on the basis of personal considerations and irresponsibility; therefore, it contains the main arguments of public power and its resulting bribery of the individual as a whole. The educational component in the conditions of martial law in Ukraine forms a model of the fight against corruption, has complete impunity and the impossibility of argumentation in general. These arguments are formed in periods of rich revolutionary legal norms, when the newly created state did not receive the necessary management functions of leadership or deliberately creates only destructive trends in the economy. Normativity of the economy of the existence of this legal model is precisely the time of the administration of the Provisional Government, because reforms in education as a whole are expediently addressed. [ABSTRACT FROM AUTHOR]

In cases where a debtor in an obligation becomes unable to pay “on account” any more, the only way left to the creditor or creditors of such debtor to protect their financial interests is to open bankruptcy proceedings against such debtor. However, in practice, not everything is so simple, which makes it necessary to study this issue. The purpose of the article is to reveal relevant issues that arise during the opening of bankruptcy proceedings at the initiative of the creditor, to study the problems that arise in this area and to formulate proposals for improving Ukrainian bankruptcy legislation. The creditor’s appeal to the court with an application to open bankruptcy proceedings against his debtor is one of the manifestations of the right of the initiating creditor to judicial protection. It is emphasized that the possibility of the creditor to apply to the debt repayment mechanisms of his insolvent debtor through bankruptcy procedures is provided only for those creditors who have monetary claims against legal entities. If the debtor of the creditor is a natural person, then such a creditor is limited in the ability to protect his rights through bankruptcy procedures, and can use all the tools offered by the legislation in this area, only in the event that the debtor himself – a natural person shows a desire to initiate proceedings in an insolvency case against himself. It is proposed to provide in the legislation of Ukraine the right of a creditor to initiate bankruptcy proceedings against a debtor who is an individual entrepreneur. The conditions for opening bankruptcy proceedings at the creditor’s request have been studied. The presence of a legal dispute as a reason for refusing to open bankruptcy proceedings was analyzed, and judicial practice in this area was studied. The provisions of the bankruptcy legislation regarding the ability of the initiating creditor to submit a proposal for the nomination of an arbitration manager to perform the powers of a property manager or a restructuring manager before the day of the start of operation of the Unified Judicial Information and Telecommunication System in the application for opening proceedings in the bankruptcy case have been analyzed. [ABSTRACT FROM AUTHOR]

Large scale heat pumps (LSHP) have seen a rapid proliferation in recent years, with projects and initiatives aimed at integrating electrically driven LSHP into existing district heating networks (DHN). The financial advantages have driven most LSHP installations to be powered by electricity generated by on-site cogeneration (CHP), given CHP's dominant role in DHN. This LSHP + CHP combination poses the question, to what extent ecological improvements, measured as a reduction in specific CO2 emissions through LSHP operation can be achieved, contingent on the source of electricity and heat source employed. In this paper, the LSHP + CHP combination was generally analysed under usage of exergy analysis and a 2nd law derived method is presented. This method allows to evaluate the magnitude of CO2 reduction through LSHP operation across all common heat sources in 1st to 4th generation DHNs in conjunction with CHP. Results show, that in LSHP + CHP combination, heat from LSHP using either of the 2 heat sources ambient air or surfaced water, inevitably comes with higher specific CO2 emissions over the CHP heat. Only when using a sufficiently hot and emissions-free heat source, the LSHP heat from a LSHP + CHP combination can yield to an annual best case of half the CO2 emissions of the CHP. Importantly, the choice of power source has a far more significant impact, as LSHP powered by electricity from renewable energy sources achieve more than an eight-fold reduction in emissions compared to the LSHP + CHP combination. Therefore, power consumption with sufficiently low specific CO2 emissions out of external source is imperative to fully realize the ecological benefit of LSHP in DHN, underlining that the successful heat transition through LSHP relies heavily on the transformation of the electricity supply. Highlights: Based on the 2nd law a methodology is derived around exergy analysis, that enables a universal assessment of the ecological benefit of LSHP powered by CHP (Chapter 3). Graphs to determine every possible combination are presented (Chapter 4). Results are drawn for the most common CHP & LSHP including the most common types of heat source to grasp the scope of the discussed problematic. Ecological impact of LSHP in DHN are shown for comparison for most common types of CHP and LSHP- heat sources. [ABSTRACT FROM AUTHOR]

Over the last decades, a growing body of literature has focused on the role of compassion in legal decision making. To this respect, judicial compassion has been almost exclusively thematized in relation to human animals. In this paper, I claim that compassion shows itself especially relevant when judges should decide controversial cases involving animals. Drawing on Schopenhauer’s account of compassion, I contend that this emotion in particular can contribute to good decision making. To illustrate the argument, I analyze a renowned case from Argentinian jurisprudence: the case of Cecilia the chimpanzee. [ABSTRACT FROM AUTHOR]

What should judges do when faced with immoral laws? Should they apply them without exception, since "the law is the law?" Or can exceptions be made for grossly immoral laws, such as historically, Nazi law? Surveying laypeople (N = 167) and people with some legal training (N = 141) on these matters, we find a surprisingly strong, monotonic relationship between people's subjective moral evaluation of laws and their judgments that these laws should be applied in concrete cases. This tendency is most pronounced among individuals who endorse natural law (i.e., the legal‐philosophical view that immoral laws are not valid laws at all), and is attenuated when disagreement about the moral status of a law is considered reasonable. The relationship is equally strong for laypeople and for those with legal training. We situate our findings within the broader context of morality's influence on legal reasoning that experimental jurisprudence has uncovered in recent years, and consider normative implications. [ABSTRACT FROM AUTHOR]

The article by Prof. Dr. Ulrich Schroth in the journal GesR examines the normative limits of criminal law in relation to assistance in suicide and euthanasia. The right to die with dignity is constitutionally guaranteed, and a liberal ethics requires an understanding of the offense based on autonomy. Statistics from the Netherlands show that the desire to die is often related to serious illnesses, raising ethical and legal questions. The discussion on the legality of assisting in suicide and euthanasia is illuminated through case examples and legal arguments. [Extracted from the article]

Do inconsistent laws, which are in the form of inconsistent legal obligations, provide us with good reasons for accepting the possibility of legal gluts, which are true legal statements whose negations are also true? Given the contingencies of the law, it is unlikely that many will deny the possibility of inconsistent legal obligations, but it remains an ongoing debate whether these lead to any legal gluts. In a recent debate, Graham Priest [Priest, G. 2006. In 'Contradiction'. In First printed by Martinus Nijhoff in 1987. 2nd ed. Oxford: Oxford University Press; Priest, G. 2017. 'Where Laws Conflict: An Application of the Method of Chunk and Permeate'. In Law and the New Logics, edited by H. Glenn, and L. Smith, 168–180. Cambridge: Cambridge University Press] has argued from inconsistent obligations to legal gluts and JC Beall [Beall, JC 2017. 'On inconsistent laws and gluts'. In Law and the New Logics, edited by H. Glenn, and L. Smith, 199–207. Cambridge: Cambridge University Press.], while he has acknowledged that there are inconsistent obligations, has argued against Priest's arguments for legal gluts. In this paper, after reviewing the debate, I adjudicate it and provide reasons for resisting Beall's arguments again Priest thereby providing a possibility for legal gluts. [ABSTRACT FROM AUTHOR]

This essay examines, from a legal and economic perspective, the judicial response to rent controls in the EU focusing on three courts that operate at the fundamental rights and constitutional level: the European Court of Human Rights (ECtHR), the German Federal Constitutional Court (BVerfGE), and the Italian Constitutional Court. Based on an analysis of a sample of judicial decisions rendered over time, a convergent trend emerges: these Courts have recognized and effectively protected the landlord's property rights against rent controls that were disproportionate and could not ensure a reasonable return on investment. This trend is prominent in the jurisprudence of the ECtHR: the Strasbourg Court has contributed to reshaping the distribution of power between tenants and landlords, encouraging the transition of Eastern and Southern European Countries to the common European housing market. In both upholding and striking down rent control measures, judges generally take market value and the comparative reference price as the preferred benchmarks for fair rent price. A consumption-based and financial characterization of housing, coupled with the fundamental right to derive economic benefits as core elements of the right to property, underpin the legal reasoning of the three Courts. [ABSTRACT FROM AUTHOR]

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.)

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.)

In R (on the application of Imam) v London Borough of Croydon, the Supreme Court considered the relevance of a local authority's resources on the curial discretion as to remedy in judicial review. This question was addressed in the context of a breach of the authority's duty under section 193(2) of the Housing Act 1996 to secure suitable accommodation for a person with priority need who is not intentionally homeless. Not only is the case a rare example of the Supreme Court examining remedial discretion and mandatory orders at length, but it also signals the importance of legal reasoning about remedy in judicial review. Remedies form the space where courts often determine what effect, if any, unlawfulness may have. This case note presents an analysis of the Supreme Court's reasoning, drawing attention to its implications for certain received views concerning the legal effect of mandatory and quashing orders, and the pragmatic character of its analysis of the relevance of resources. [ABSTRACT FROM AUTHOR]

Addressing the climate crisis involves changing climate law and governance. Climate litigation can facilitate this change. How and why does change occur? A multilevel perspective can assist in answering these questions. There are three levels: niches, regimes and landscapes. Actors in the protected spaces of niches develop ideas and legal arguments in climate litigation. Through a process characterised by the phases of emergence, diffusion, adaptation and cumulation, the ideas and arguments are incorporated by domestic courts' decisions into the law of the land. This process is facilitated by exogenous developments at the landscape level. The changing climate and the changing responses of the international community and international law exert contextual pressure on domestic courts' decision‐making. The combined pressures from the niche and landscape levels create tensions in the regime, making it receptive to incorporate the novel ideas and arguments and change climate law and governance. Other actors in the regime respond to this change in the law. The legislature and executive, the private sector and legal profession, adjust their behaviours accordingly. In sum, there is regime change. This process of change is illustrated using the ideas and arguments of inter‐ and intra‐ generational equity. [ABSTRACT FROM AUTHOR]

Event extraction (EE) is capable of providing essential information to facilitate comprehension of legal cases by identifying event types and extracting corresponding arguments from legal case documents. In the legal field, events are often presented in the form of document, with arguments scattered across multiple sentences, which means that legal EE at the document level is needed to better capture the complete event. However, the existing legal EE datasets mainly focused on event extraction at the sentence level, with little attention given to the document level. Obviously, it put the development of document-level event extraction (DEE) in the legal field at a disadvantage. To address this challenge, we proposed DLEE, the first DEE dataset in the legal field with two distinctive features: (1) Document-level Semi-automated Annotation, ensuring effective annotation with high quality. (2) Large-scale and Fine-grained coverage, comprising 10,014 events and 99,423 arguments. Finally, we assessed the performance of commonly used DEE baseline models on DLEE. It revealed that the DLEE is an open question, and further attention is needed for the improvement of the models' performance. [ABSTRACT FROM AUTHOR]

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.)

This document provides a summary of the subject matter eligibility standard in United States patent law and the ongoing debate surrounding it. It discusses the historical evolution of the standard and highlights four modern cases that have shaped it. The article also examines the Patent Eligibility Restoration Act of 2023, which aims to amend the standard, and argues against its adoption, citing concerns about broad patents and potential hindrance to innovation. The text further explores the categories of patent-ineligible subject matter and emphasizes the importance of practical application in the patent process. It concludes by discussing the criticism and support for the current standard and the proposed changes. [Extracted from the article]

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.)

In this piece, I make the case for deeper engagement with law and legal methodologies in economic geography. Recent work in and beyond geography has demonstrated that law is constitutive of capitalism. Yet, despite excellent research on many particular spatio-legal topics, there have been few attempts to conceptualize a legal approach to economic geography in any sustained way. Here, I suggest that incorporating law and legal methodologies into existing economic geographic analyses can deepen our explanations of spatio-temporal economic variegation, opening up new research questions and methods for economic geographers and expanding our conceptions of economic governance, agency, and knowledge. [ABSTRACT FROM AUTHOR]

To what extent did Francis Drake’s circumnavigation of the globe influence empire formation in the late sixteenth century? In analyzing diplomatic letters of correspondence from the State Papers, this investigation reveals that Drake’s piratical activities, claims of English sovereignty, and the ensuing diplomatic controversy with the Spanish ambassador, Bernardino de Mendoza, forced the English Crown to use legal arguments rooted in the ius gentium (law of nations) and natural law to justify expansion into the Atlantic and Pacific oceans. During the dispute, both Mendoza and the English Crown variously invoked natural law and the law of nations to argue for justice and friendship. In testing these legal arguments, the Crown demonstrated that it had the capacity to counter Spanish claims for empire, which subsequently influenced imperial propagandists like Richard Hakluyt to promote English expansionism in natural law and ius gentium terms. In turn, the English Crown’s newfound confidence from the dispute manifested in its turn to reason of state and self-preservationist thinking in its international relations in the early 1580s, shortly before the outbreak of the Anglo-Spanish War (1585–1604). The dispute thus facilitated an ideology for empire rooted in natural law and the law of nations in the sixteenth century. [ABSTRACT FROM AUTHOR]

Since the parliamentary elections in 2015 and the subsequent change in the personal composition of the Polish Constitutional Court, this institution is in crisis. The Court, once one of the main guardians of the rule of law and a model for the constitutional judiciary in the region of Central and Eastern Europe, is criticized. Judges are accused of lack of proper appointment and party subordination. Court activities are perceived as part of illiberal democracy and populist constitutionalism, that is, introducing majority rule by "switching off" the checks and balances mechanisms by democratically elected parties and groups. However, what is often overlooked in this type of analysis is the more internal perspective of jurisprudence and legal reasoning. What kind of decisions does the "populist" constitutional court issue? How does it justify its decisions? The paper will discuss three cases of the Polish Constitutional Court. The first case is from 2017 and concerns the right of assembly in connection with the introduction of a special category of "cyclical assemblies". The second, of 2019, is the so-called "printer case", which concerned the possibility of refusing to provide a service for reasons of conscience (a refusal to print a poster because of opposition to "LGBT promotion"). The third case is the controversial ruling narrowing access to abortion from 2020. The aim of the analysis is to answer the question of whether the current jurisprudence of the Court is the breaking or continuation of the previously dominant liberal constitutionalism. I will be particularly interested in whether these decisions introduce any changes at the level of possible rights holders (legal subjects), the introduction of a new or changed scope of existing rights, and new ways of resolving conflicts between rights. [ABSTRACT FROM AUTHOR]

Electronic trials, also known as e-trials, represent a significant innovation in the judicial process by integrating technology into court proceedings. These trials utilize digital platforms to manage and conduct various aspects of the trial process, including the submission of evidence, witness testimonies, and legal arguments. However, the adoption of electronic trials also presents challenges that must be carefully considered. This study aims to determine the effectiveness of electronic trial in the jurisdiction of the Semarapura District Court Class II based on Perma Number 7 of 2022, and the obstacles experienced in its implementation. The research contributes to a deeper understanding of the challenges that courts may face in adopting such systems, thereby offering critical information that could inform future improvements and policy adjustments. [ABSTRACT FROM AUTHOR]

The incorporation of environmental variables into policies, programs, plans and projects has been achieved through the use of an Environmental Impact Assessment (EIA). However, the recognition by scholars of several limitations of the EIA has prompted the consideration of Strategic Environmental Assessment (SEA) as the appropriate instrument for achieving this objective. Studies on SEA have concentrated in phases prior to the decision-making, despite the fact that, after the strategic decision has been made, it is also necessary to follow up on the environmental impacts or effects produced by the plan, as well as the possibility of adopting measures to correct them when they cause adverse or unforeseen effects. The way in which this following-up takes place will vary from country to country, based on the respective legal system. Therefore, this study aims to understand these forms of follow-up in urban land planning instruments, at the local level which are legally binding, comparing regulations in France, Portugal and Chile, through three research questions focused on determining whether this phase exists, whether it is possible to modify the local planning instrument in the event of adverse effects and whether there are offset measures for those effects. This study employs a mixed methodology based on the law and content analysis, enabling the identification of pertinent aspects for investigation, the compilation of material for this study, and the answering of research questions through the comparative analysis of the laws of the selected countries. Results show differences and similarities between the regulations of the countries analyzed, regarding the ability to reverse undesired, negative or different effects from those originally considered in urban plans. It will shed light on the possibility for other countries to take follow-up action in the face of undesirable scenarios in the application of planning instruments. The gaps found in our research may also exist in the legislation of other countries. [ABSTRACT FROM AUTHOR]

This article details a trade in Indigenous slaves that was controlled by the Miskitu, a group indigenous to the Caribbean coast of Nicaragua and Honduras. During the eighteenth century, the Miskitu targeted other Indigenous communities from the Yucatan to Panama, capturing thousands of individuals whom they sold as slaves in the British Caribbean. This frustrated the Spanish government, who tried to stop these raids by advocating for increasingly harsh policies, including the extermination of the Miskitu. The British, on the other hand, ignored this slave trade until they were forced to confront it because of legal reasons (which happened three times from 1741 to the 1820s). The Miskitu’s slave trade uprooted, relocated, and forced enslavement upon an enormous number of Indigenous people across Central America. This article details the immense scope of Miskitu attacks, lends insight into the many Indigenous groups impacted by these raids, and explores how European powers were forced to react. [ABSTRACT FROM AUTHOR]

The European Super League case has been widely discussed by EU regulators, football associations, clubs, players, supporters and legal practitioners. This article intends to explore the legal reasoning of the Court of Justice regarding the intervention of EU competition law in football governance in this case. This article accordingly analyses the interpretation of the rules and exemptions stipulated in Articles 101 (1) and 102 of the Treaty on the Functioning of the European Union, and gives comments on the antitrust assessment by the Court of Justice regarding the common rules of prior approval and sanctions. It follows that the Court of Justice stressed the importance of transparent, objective and non-discriminatory procedures in the rule-making of football associations and saw this as a significant condition for the enforcement of EU competition law and antitrust exemption. [ABSTRACT FROM AUTHOR]

This article conducts a comparative analysis of the anti-rights narratives presented during the parliamentary debates on the decriminalization of voluntary abortion in Mexico and Argentina from 2018 to 2022. Four main categories were identified, the first being the technocratization of Catholic and Evangelical religious discourse, strategically based on scientific and legal arguments through a rhetoric of fear. The second was the deterministic denunciation of the failure of the state, its institutions, and public policies to address social problems such as violence against women, insecurity, and poverty. The third consisted of the proposal of alternatives based on the defense of the traditional family, such as adoption from conception or the debureaucratization of adoption. The fourth and last category comprised a discursive shift appropriating arguments from feminist militancy while suppressing the principle of secularism, omitting the existence of the lgbtiq+ movement and manipulating the rhetorical device of gender ideology. [ABSTRACT FROM AUTHOR]

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Copyright of Revista de Filosofía UIS is the property of Universidad Industrial de Santander 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 KUL Journal of Legal Studies / Studia Prawnicze KUL is the property of John Paul II Catholic University of Lubin / Katolicki Uniwersytet Lubelski Jana Pawla II 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 further enlargement of the European Union is in a critical phase due to the changed political circumstances both internally in the EU member states, but also in the geopolitical context. The experiences from the past cycles of enlargement, both positive and negative, motivated some of the member states and the European institutions to revise the process of the European integration of the candidate countries, primarily the accession negotiations as a central part of the process, by setting the Rule of Law as a fundamental and most important criterion for the accession. The Rule of Law is set as a crosscutting issue in the new revised Methodology for the accession negotiations, adopted in 2020. It is part of the first cluster “Fundamentals” with which the accession negotiations start and end. The paper analyzes the current situation and challenges in the area of the Rule of Law in North Macedonia, Serbia, Montenegro and Albania, all of them candidate countries from the region of the Western Balkans, following the 2024 Rule-of-Law Report prepared by the European Commission that included beside the member states, also the mentioned candidate countries. [ABSTRACT FROM AUTHOR]

Despite the widespread adoption of generative transformer large language models and the interest of the global legal community, discussions about the models in philosophy of law mainly have been focusing on what LLMs cannot do. In making the first steps towards a philosophical analysis of the capabilities of AI models in the field of law, we follow the basic idea of Turing's „imitation game“. Proceeding from the frequently raised characterization of legal reasoning as „artificial“, the paper identifies the undisputed minimum core of the „artificiality“ thesis and asks to what extent it can be imitated by artificial intelligence. To answer this question, we test the legal reasoning capabilities of ChatGPT, the most advanced, up-to-date LLM version of artificial intelligence. The conclusion is that in all relevant types of activities usually associated with legal reasoning - fact-finding, interpretation, qualification, and decision-making - ChatGPT can generate outcomes as if it reasons legally. [ABSTRACT FROM AUTHOR]

The main focus of this paper is the meaning of the term "theory" in comparative law. It examines the comparative law theory literature and conducts an in-depth analysis of a sample of articles from two journals (AJCL and EJCLG). Theory is considered very important in legal scholarship. AJCL articles are usually more "theory-thick" than their European counterparts. Nevertheless, the majority of European literature also places a strong emphasis on theory-related language. Yet, it is often unclear why authors used these words or what they contributed to the paragraph, section, or research objective. None of the articles reviewed discussed or acknowledged the polysemous nature of theory. This lack of clarity and transparency may hinder the progress of comparative law scholarship. [ABSTRACT FROM AUTHOR]

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

One of the key branches of private law is the law of contractual obligations. In addition to innominate contracts, which are most often used in practice, a category of innominate contracts and a special category was created, the category of so-called mixed contracts. In practice, innominate contracts are a tool frequently used to anchor contractual relationships in all spheres of life. The institution of innominate contracts is not a new one; it is based on the principle of dispositional autonomy, which is known to have already existed in ancient Roman law. In the Slovak Republic, there are two codes, one specifically regulating civil law and the other regulating commercial law. Civil law in the Slovak Republic is regulated in the Civil Code, which regulates the natural persons’ mutual rights and obligations. In contrast, commercial law, which is regulated separately in the Commercial Code, regulates the mutual rights and obligations of legal persons, and the rights and obligations that exist between natural persons and legal persons. This means that the institution of innominate contracts is found in the Slovak Republic not only in civil law but also in commercial law, i.e., in two legal codes, when the subjects of obligation-law relations are dependent on the use of analogy-based legal reasoning due to the absence of contractual types when regulating the rights and obligations of the various subjects of their obligations. [ABSTRACT FROM AUTHOR]

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The academic work is dedicated to the analysis of legal and political aspects of one of the ongoing prolonged conflicts that began after the end of the Cold War - the conflict in Transnistria. Compared to other post-Soviet conflicts, the armed clashes in the Transnistrian region at the onset of the conflict were not as destructive and large-scale, and the subsequent situation in the region has been predominantly characterized by stability. Nevertheless, the mere fact of the continuation of this conflict, which is referred to in scientific circles as one of the so-called "frozen conflicts," indicates that international efforts to resolve this conflict are clearly insufficient. As is known, negotiations for resolving the conflict in Transnistria are conducted in the "5+2" format and through separate specialized working groups. In the "5+2" format, a key role is played by mediators, represented by the OSCE, Ukraine, and Russia. Naturally, the most influential and authoritative mediator is the OSCE, represented by the Special Representative of the OSCE Chairperson-in-Office. The activities of the OSCE Mission to Moldova, established in early 1993, play an important role in the overall international efforts of the OSCE. In particular, the Mission's staff conduct field operations on Moldovan territories, through which numerous local incidents occurring on both sides of the Dniester River are effectively resolved. Therefore, such multifaceted activities of the OSCE in resolving the conflict in Transnistria provoke significant scientific discussions and debates. Studying the OSCE's practices, relying on the scientific works of scholars in the field of international law, gives this research a distinctive specificity among scientific works dedicated exclusively to the political aspects of the conflict in Transnistria. The central issue in the Transnistrian settlement is considered to be the question of Transnistria's status. This issue is the cause of numerous discussions between the parties, each of which offers its own narratives to justify its position. The legal arguments justifying this or that option for resolving the issue of Transnistria's status also vary significantly. Therefore, during the research, an analysis of legal norms was carried out that can serve as a basis for identifying the most objective options for resolving the status of Transnistria. The aim of the scientific article is to study the legal and political issues of the Transnistrian settlement and to identify the main shortcomings of international practice in resolving such conflicts. As a result of the research, the main factors hindering more effective OSCE activities in resolving the conflict in Transnistria were identified. [ABSTRACT FROM AUTHOR]

The availability of punitive awards varies across different common law jurisdictions. In recent years, China, as a civil law jurisdiction, has progressively introduced a comprehensive punitive damages system in Intellectual Property (IP) law in recent years. To investigate how this common law product functions in the civil law system, this paper scrutinizes the evolution and functions of punitive damages and depicts the map of punitive damages in Chinese IP law. Then this paper reports and analyses 657 IP judgments involving the application of punitive damages that were tried and decided in all parts of mainland China by all levels of courts from June 1, 2021, to May 31, 2022. Our empirical data shows that punitive damages are frequently sought by claimants, yet courts are reluctant to award them due to the complexities in determining the basis for calculation and judges' reluctance towards detailed legal reasoning. Furthermore, a critical analysis of the application of punitive damages in IP trials is provided, critiquing the court's preference for statutory damages, the complexity in determining the basis and multipliers for calculation, and the strict standard of proof, which accounted for the small portion of punitive damages awarded in judicial practices. [ABSTRACT FROM AUTHOR]

This article conceptualizes and operationalizes the right to protection and assistance to the family (Article 10 of the International Covenant on Economic, Social and Cultural Rights) in relation to child protection services in England and the removal of children from birth families that are deemed to pose a risk to them. It identifies the differences between the social right to protection and assistance to the family and the more commonly known civil right to private and family life. The article merges doctrinal analysis of international human rights law with a peer-led methodology of socio-legal research reliant on issue prioritization and observations from social workers, families in poverty—primarily mothers—and young people who have experience of the care system. The process aims to respect all different forms of knowledge and to challenge the epistemic injustices that result from the systematic silencing of people in poverty. Besides this epistemic value, lived experience can illuminate the academic and practitioner understanding of the main problems facing people in poverty. In particular, in relation to the right to protection and assistance to the family, lived experience can shed light on the human impact of prejudice and the lack of adequate material support. [ABSTRACT FROM AUTHOR]

In this article, the historical development of the legislation on intellectual property law in Türkiye is explained. In this context, the legal and political reason behind the adoption of the "Code of Intellectual and Artistic Works No. 5846" and the subsequent accession of Türkiye to the "Berne Convention for the Protection of Literary and Artistic Works" are revealed. In these explanations, we have focused on the works of Prof. Dr. Ernst Hirsch and Prof. Halide Edip Adıvar, who made significant contributions to the process. For many years before the mentioned regulations entered into force in 1952, Türkiye was in search of a balance between the interests of (foreign) authors and the interests of society. Türkiye both aimed to encourage authors by protecting their intellectual property rights and also accepted the freedom of translation from foreign languages, especially on the grounds that translations serve to the public interest. As a result, Türkiye became a party to the Berne Convention, regulated a new code accordingly and priority was given to authors' right. We believe that examining the evolution of the rules in Türkiye, will also guide the future of our intellectual property and copyrights in the next century. [ABSTRACT FROM AUTHOR]

This article aims to rethink the origins and discontinuities within the history of reparations for historical injustices. It does so by exploring the case of the 1654 reparations made by the Dutch East India Company (VOC) to the heirs of the English victims of the 1623 Amboyna trial. In particular, the article analyzes in what settings—and how—modes of remembering and representing past suffering merged with legal reasoning in concrete claim-making practices. It situates the reparations ordered by the binational arbitration committee established by the 1654 Westminster Peace Treaty within three principal contexts: early modern memory practices, a legal language of reparations, and peace treaty making and arbitration. Accordingly, the article uncovers the logics governing early modern historical reparations and reconsiders what this means for our understanding of the differences and similarities between modern and early modern reparations. It shows that reparations in the early modern period were concerned with the rehabilitation of the honor and status of the victims rather than with regret and atonement in the form of apologies. They functioned, second, as exceptions to imperatives of forgetting, not as materialization of gestures of atonement. Finally, as early modern reparations habitually entered the realm of international politics and diplomacy they became subject to political conflict. In contrast to modern historical reparations, however, they did not take the form of "reparations politics" aimed at the emancipation of historically disadvantaged groups. The article, accordingly, seeks to begin a much-needed dialogue between scholars of modern and early modern reparations. [ABSTRACT FROM AUTHOR]

The entry into force of Legislative Decree No. 1384 meant that Peru incorporated into its legislation on legal capacity the paradigm of the Social Model of Disability contained in the Convention on the Rights of Persons with Disabilities (2006). This has meant a resounding change in the understanding of the notion of capacity and the existing interaction between the legal system and any person who presents psychosocial, intellectual and/or cognitive deficiencies, since now what was initially an impediment to the exercise of their rights and obligations is no longer an impediment and it is assumed that every person enjoys full legal capacity to deploy their legal sphere. Now, considering that the Law is presented as a normative system that responds to criteria of logic and internal coherence and that its considerations are based on a common factor such as the person and his behavior, the following question arises: what are the implications that this change causes in the legal treatment of the capacity to be subject to criminal charges? From this perspective, we analyze how this new conception of capacity would operate in the field of criminal law, mainly that referring to the notions of imputability and culpability. This responds to the fact that these categories are also structured on the notion of capacity as aptitude to be motivated in accordance with the norm or to infringe it and, thus, be considered responsible for the typical wrongdoing and deserving of punishment. In this line, we consider that the Social Model of Disability would imply that the bases of the sanction in the criminal field, contained in the mentioned categories, are also reformulated, since the notion of capacity is a unanimous element to the legal reasoning that is based on the logic of the duty that every person has to adapt his conduct to the Law, which cannot be considered in an abstract way by the legal system, as the legislation inspired by the mentioned model would do. [ABSTRACT FROM AUTHOR]

The article uncovers the connection between Article II(e) of the Genocide Convention and the Greek Civil War (1946–49). Through archival research and secondary sources, it reconstructs the Greek legal arguments that framed the transfer of children conducted by the communist guerrillas in Northern Greece as an act of genocide and led to the inclusion of this action in the legal definition of genocide. By analyzing the arguments of the Greek government, it presents a new interpretation of Article II(e) of the Convention. It is contended that the historical antecedent of the provision supports a biopolitical understanding of the genocidal act in question. The article concludes with a more general discussion of the continuing importance of Article II(e). [ABSTRACT FROM AUTHOR]

This article analyzes the mutual influences between canon law and secular law in the so-called secular era. Canon law brings light to secular law as it is a source of multi-secular juridical wisdom and transcendent knowledge. Therefore, this contribution does not respond to the standards of secular legal reasoning, nor is it coercive. It is a purely meta-rational light, which can be recognized and assimilated by legal systems without losing its note of secularity. For its part, secular law brings a refined juridical technique to canon law. Secular law helps canon law to limit the degree of discretion in the application of the law, to give greater significance to comparative law, to improve the communicative aspects of canon law, to implement procedural guarantees, especially the presumption of innocence, and to curb excessive juridicism. [ABSTRACT FROM AUTHOR]

The right to health is linked to life and human dignity. Among the instruments to make it effective, the phenomenon of health litigation has become prominent. In Brazil, courts are increasingly faced with the task of rendering verdicts concerning matters related to health. Nowadays, judges have to deal with issues about health policies, technology incorporations, drug supplies, human autonomy, genetics, and biotechnologies, among others. Lawsuit sentences are now to be built upon the resolution of ethical, legal and philosophical questions. Bioethics presents itself as an instrument and method to help solve legal cases involving the right to health. This paper intends to show that bioethics can be applied in verdicts of lawsuits regarding to right to health in Brazil. It highlights that bioethics can be considered a source of law due to its normative dimension, as well as a hermeneutic method. This essay also aims to show the role for bioethics to help interpret the law and solve hard cases within health law and the right to health. Lastly, it aims to justify the presence of bioethics as legal reasoning to be used by judges in the foundation of their verdicts in lawsuits involving the right to health. [ABSTRACT FROM AUTHOR]

The ECHR has used the evolutive and internally harmonising interpretation criteria in the interpretation of the ECHR, which has allowed it to develop some judgments on the right to euthanasia in which it recognises a wide margin of appreciation for the States, making it compatible with the ECHR both prohibit and allow euthanasia, as long as the State guarantees the right to life of vulnerable people. The Spanish Constitutional Court has declared the constitutionality of the Organic Law regulating Euthanasia 3/2021, through a legal argument based on the doctrine of the ECHR. [ABSTRACT FROM AUTHOR]

Cryptocurrency forensics have become standard tools for law enforcement. Their basic idea is to deanonymise cryptocurrency transactions to identify the people behind them. Cryptocurrency deanonymisation techniques are often based on premises that largely remain implicit, especially in legal practice. On the one hand, this implicitness complicates investigations. On the other hand, it can have far-reaching consequences for the rights of those affected. Argumentation schemes could remedy this untenable situation by rendering the underlying premises more transparent. Additionally, they can aid in critically evaluating the probative value of any results obtained by cryptocurrency deanonymisation techniques. In the argumentation theory and AI community, argumentation schemes are influential as they state the implicit premises for different types of arguments. Through their critical questions, they aid the argumentation participants in critically evaluating arguments. We specialise the notion of argumentation schemes to legal reasoning about cryptocurrency deanonymisation. Furthermore, we demonstrate the applicability of the resulting schemes through an exemplary real-world case. Ultimately, we envision that using our schemes in legal practice can solidify the evidential value of blockchain investigations, as well as uncover and help to address uncertainty in the underlying premises—thus contributing to protecting the rights of those affected by cryptocurrency forensics. [ABSTRACT FROM AUTHOR]