Legal Community Research Articles

ATROCITIES ON TRANSGENDER (HIJRAS) IN COLONIAL INDIA

Transgender community has played an important role in ancient Indian culture over millennia. They have been recognized in various religions such as Hinduism, Buddhism and Jainism. Moreover they have been portrayed in Hindu religious scripture such as Vedas, Ramayana and Mahabharata. They played important roles such as political advisors, administrators and generals during Mughal period. However, their social status witnessed a downfall shortly after the coming of the British colonial rule during 18th century. The British championed Victorian morality and loathed the community. Several harsh measures were taken against them from taking away their basic rights to being blacklisted and criminalized for their identity as a transgender. They were deemed a taboo for the society. It was only by the remedial measure taken by the legal community that in the year 2014, the Supreme Court of India gave a lawful recognition to Transgender community as 'third gender', providing them with access to equal opportunity in the society. In 2018 the Supreme Court decriminalized the consensual sexual conduct between the same sexes. Despite all the efforts and legal protection still the transgender people have been living in destitution and struggling to maintain the par with the binary gender minded society. This article explores the trajectory of the status of the Hijras from the British colonial rule till present day.

Archaeological Artefacts as Objects of Property Relations

The article analyzes illegal activities aimed at predatory excavations of archaeological monuments, known as "black digging", and also raises the problem of civil turnover of archaeological objects as a factor stimulating such criminal activity. The authors raise the problem of a vague understanding of the legal status of such concepts as "historical and cultural monument", "antiques" and "archaeological object" both among members of the public and in the legal community. Since the civil turnover of historical and cultural monuments is allowed with some restrictions, lawyers consider the purchase and sale of archaeological artefacts to be quite legal. However, the law imposes restrictions on the civil turnover of archaeological heritage objects, still there has not yet been a single precedent of bringing to justice dealers in archaeological objects. To combat the illegal storage and trafficking of archaeological objects, lawyers need to analyze the legal basis and eliminate the existing legal conflict, which allows persons engaged in illegal activities to avoid responsibility for such offences.

The rule by climate targets: the experience and legal pathways of China

ABSTRACT The international legal community is working together on exploring a legally sustainable and workable system for climate change. China's climate governance is distinguished by using targets to lead actions in society instead of legally binding laws. Meanwhile, the legalization of climate targets has become a unique feature of climate law globally, so there is naturally a discussion about Rule by Targets and the Rule of Law in climate governance in China. This article believes targets in climate law provide an opportunity for the reconciliation of Rule by Targets and the Rule of Law and possibly a climate rapprochement of liberal democratic states and authoritarian states in dealing with climate issues. This article aims to contribute to the discussion and shed light on how the target-approach works in climate governance in China. It does so by examining the legal background, the legislative, administrative and judicial branches, asserting that climate targets have legally binding force in China without comprehensive legislation. Moreover, this article specifically discusses the challenges with the legalization of climate targets in depth and further provides possibilities for a hybrid model of the climate legal system in China. As a result, China’s local governance experiences could contribute to the quest for a legal solution of global climate change.

Правовые проблемы использования искусственного интеллекта в сфере здравоохранения

Introduction: the digitalization of domestic healthcare is one of the strategic tasks facing the digitalization of the Russian economy. The solution of this task is not possible without the creation of a proper legal basis. Without removing legal barriers, there can be no chance of introducing the latest information and communication technologies that provide significant advantages in achieving the highest level of health. Purpose: to investigate the legal aspects of the use of artificial intelligence in medicine. Methods: the methodological framework for the study is the methods of scientific cognition, among which the main ones are the methods of systemacity, analysis and comparative law. Results: the paper highlights the directions of digitalization of Russian healthcare, the possibilities of using artificial intelligence technologies in medicine, and the main problems of using these technologies in healthcare. Conclusions: artificial intelligence technologies are actively developing in modern healthcare due to the widespread appearance of big data, increased computing power, the development of cloud services, as well as numerous examples of the effectiveness and prospects of applied solutions and their ability to respond to modern challenges and problems in healthcare. The Russian Federation already has a sufficient legal framework regulating the relations in the digitalization of healthcare and the use of artificial intelligence. The main task in the course of the upcoming work is to improve the existing legal tools, identify and eliminate the legal barriers that hinder further digitalization. It is necessary to consolidate the provision whereunder a wide range of specialists, including medical professionals, representatives of the legal community, representatives of software development firms, should be involved in the discussion of introducing artificial intelligence in healthcare, so that they can fully share their analysis of the impact and possible consequences of the introduction of applications based on artificial intelligence into the healthcare system, as well as to develop the necessary ethical framework in which they should act.

Private Law Theory and the “Global Legal Community”

AbstractThe suggestion that the new private law theory would have to stand the test of acceptance by the global legal community raises a question. Who is that “global legal community?” And does it go beyond Europe? Close reading demonstrates that the non-European world is present and hidden at the same time. It is present because much of the material presented, many of the theories discussed, have transnational materials. However, the non-European world is hidden at the same time because it remains unaddressed, marginalized, and ignored. Including the Global South would make necessary a more radical pluralization of private law theory. This opens up the possibility of new, very different idea of a global legal community that is more improbable but also more attractive.

Judicial Empowerment and the Support of the Legal Community in Pakistan

Judicial Empowerment and the Support of the Legal Community in Pakistan

Effectiveness of Customary Law Hita La Uwa Uwato as A Form of Settlement of Pidana Theft in The Country of Iha Seram District of West

This paper explains about how the process of solving the crime of theft using the customary law of Hita La Uwa Uwato (Whip Law) of Iha State of Western Seram Regency, research methods is empirical research by a sociological juridical research approach, data collection instruments are carried out by interviews of predetermined respondents, review of legal documents and observations. The collected data is then analyzed qualitatively. This research shows that, the completion of the Crime of Theft by using customary law in the State of Iha District of Western Seram Maluku Province is very effective where the process is whipped using rattan in addition there are also additional sanctions given, namely indemnifying, as well as apologizing to the community, and the factors that affect its effectiveness are, the Legal factor, Law Enforcement, and Cultural and Community factors.

Community Legal Protection in Obtaining Comprehensive and Quality Health Information and Education

Based on the 7th article Law of the Republic of Indonesia Number 36/2009 on Health, everyone has the right to receive balanced and responsible health information and education. Even so, there are problems that still occur in the community such as unequal access to health information and unequal valid health education, especially in rural and coastal areas. This research aims to describe the government’s responsibility and the solutions that can be done in fulfilling the right to access health information. This research was normative research with a statutory and comparative approach using primary, secondary, and tertiary legal materials. The Indonesian government has a responsibility to fulfill the health information and education right based on the 17th article of Law of the Republic of Indonesia Number 36/2009 on Health. Several strategies can be done such as sector collaboration, building information system support facilities, provision of valid health portals, and allocation of budgeting related to health information and education.

Legitimation freiheitsentziehender vorbeugender Eingriffe: Sozialverteidigung, Verbrechensverhinderung oder Gefahrenabwehr?

Preventive measures constitute a serious legitimatory challenge within the field of criminal law: They pose the question, whether it is possible to reconcile the protection of personal liberty with the protection of the safety of the general public, without the binding effect of personal responsibility, i.e. guilt. It is a concern, that the need for greater protection might lead us to accept a degree of objectification of a certain group of offenders, that we - as a legal community - would normally oppose. A liberal legal system is founded on the principle, that an individual is to be treated as a person, not as a mere cause of danger. It is debatable, if this principle holds true within the so called second lane of modern criminal law.

Meaningful and meaningless rights proclamations

ABSTRACT Rights proclamations are often alleged to be meaningless – ‘nonsense upon stilts’. But what makes a rights proclamation meaningful? In general, I argue, meaningful rights proclamations presuppose the existence of both a duty – directed from some party to another – and an interest whose protection is at least a non-redundant element in the justification of why the duty exists. Further conditions of meaningfulness apply for specifically moral rights proclamations. Here, the interest must be of such moral relevance to ground, by itself, the duty and the duty must be demonstrably compatible with other mandatory components of morality. Neither of these conditions applies to rights proclamations in the legal realm. For a legal right proclamation to be meaningful, it is sufficient that there is or there ought to be, in the legal community at stake, a legal obligation whose justification includes, as a non-redundant element, the interest of some party.

Axiological-legal dimension of the rule of law

The article is devoted to the study of the rule of law as an axiological and legal core of professional advocacy. The necessity of using the axiological approach to reveal the significance of the principle of the rule of law as an axiological-legal attribute of professional advocacy is substantiated. In this context, the understanding of the basic principles on which a lawyer is based in the process of implementing the rule of law in his professional activity has been improved. Therefore, the main legal acts regulating the professional activity of a lawyer, and through which the red thread is the principle of the rule of law, designed to harmonize public relations. During the study, it was argued that the rule of law permeates the entire structure of legal regulation of social relations. The primary significance of the rule of law as a principle for advocacy is that it (rule of law) harmonizes other principles, eliminates contradictions in their application and fills the principles of advocacy with the so-called real practical content, ie applicable in the daily practice of each lawyer. One of the most important independent, self-governing institutions of civil society is to participate in the administration of justice, provide legal aid on a professional basis, perform its public legal function of monitoring state compliance with the rule of law and implement the rule of law. As forerunners of the rule of law, lawyers must also take care of their own professional reputation and the authority of the legal community as a whole. Finally, the emphasis is on the fact that the rule of law is a super-principle, a guiding legal doctrine on which all other principles of advocacy depend.

AN INTERNATIONAL CONVENTION ON EXPERT DETERMINATION AND DISPUTE BOARDS?

AbstractThis article makes a case for an international convention on expert determination (ED) and Dispute Boards (DBs) that would require its Contracting States to recognise agreements on ED/DBs and enforce ED/DB decisions. Whilst strong, the case for the convention may not be compelling as there are arguments against it. But at least the time has come for the international legal community to start thinking about and debating the need for such an international regime. This article takes the first step towards imagining this international regime by evaluating a number of key issues relating to its scope of application.

PERLINDUGAN HAK-KESEHATAN DAN HAK EKONOMI MASYARAKAT HUKUM ADAT DI PERBATASAN KALIMANTAN UTARA DALAM STATUS KEDARURATAN KESEHATAN AKIBAT PANDEMI COVID-19

Protection of health rights and economic rights for the legal community at the time of the Covid-19 pandemic was carried out simultaneously, there cannot be rights that take precedence and leave other rights ... Prioritizing the fulfillment of health rights and ignoring economic rights has implications for the emergence of social insecurity, the opposite is true when prioritizing health rights. economic rights rather than health rights will threaten the safety of people's lives. This study aims to explain that the protection of the health rights and economic rights of indigenous peoples in the border area of ​​North Kalimantan must be carried out simultaneously and in balance. The research method used is a normative juridical research method. The results showed that the local government had provided protection for the health rights and economic rights of indigenous peoples in the border area of ​​North Kalimantan during the pandemic simultaneously and in balance.
 Keywords; Protection, economic rights, health rights of indigenous peoples

Empirical Legal Studies in China: Current Status, Emerging Trends and Indications for Legal Education

This study aims to fill the knowledge gap about the emerging Chinese empirical legal scholarship and its potential for the improvement of legal education. We analysed empirical legal studies (ELS) published in 24 major Chinese legal journals between 2013 and 2020. The content analysis of 456 articles established the overall attitude towards ELS, fields of law that deploy empirical methods, commonly used methods and tools for statistical analysis, and why scholars use ELS. This study indicates that although ELS has become a trend in legal scholarship, ELS has not received enough attention in Chinese legal academy. While new interdisciplinary programmes that combine both law and data science are underway in a few leading law schools, the use of ELS by Chinese legal scholars remain low. Law schools in China can address the issue by developing training programmes to introduce the legal community to this growing field.

Analysis on Hybrid Deep Neural Networks for Legal Domain Multitasks

An extensive quantity of online statistics accessible in the legal domain has made legal data processing the main sector of research development. A broad variety of problems, including legal document categorization, information extraction, and prediction have been put into a scope of legitimate system issues. The utilization of digitalized based inventive support has multi-fold advantages for the legal counsel community. These advantages comprise decreasing the laborious human task complicated in observant, extracting the relevant information, reducing the charge and time by-way-of automation, solving problems without the participation of law court otherwise with smaller period and attempt, arbitrating the constitution law for law professionals as well everyday users and building recommendations found on predictive analysis, which possibly examined additional perfect. In this chapter, we are analyzing the adaptation of various deep learning methods in the legal domain focusing on three main tasks namely text classification, information extraction, and prediction.

STRATEGI IMPLEMENTASI KEBIJAKAN PEMERINTAH DESA DALAM MENUNJANG KEBERHASILAN BADAN USAHA MILIK DESA (BUMDES) DESA KUTA

According to Law Number 6 of 2014 concerning Villages, it is explained that Village is a legal community unit that has territorial boundaries authorized to regulate and manage government affairs. One of the government policies to make it easier for villages to manage their existing potential is that village governments are encouraged to have Village-Owned Enterprises (BUMDes). The success of Village-Owned Enterprises is on the shoulders of the government in the village itself. In the existing program implementation strategy, the village government must understand the local village situation and must be ready to improvise with any changes in the situation without ignoring the goals that have been previously set. A factor or variable does not determine the success of Village-Owned Enterprises. However, it is determined and influenced by various existing factors, such as the village government's need for a helpful policy strategy to succeed in an existing program. Implementing existing programs must be done professionally and transparently. The research method was descriptive qualitative using a purposive sampling technique. The research results proved that Village-Owned Enterprises has not been entirely successful because only a few programs have just been implemented. Additionally, the village government used several strategies, including program strategies, strategies for increasing supporting resources, and organizational strategies.

Challenges and opportunities for sustainable solid waste management in private nature reserves: The case of Sabi Sand Wildtuin, South Africa

The mismanagement of waste in protected areas may lead to significant and irreversible environmental, economic and social impacts, such as land degradation, resource depletion, surface and groundwater pollution, loss of biodiversity and impacts on the aesthetic value of these areas. This paper aims to identify the challenges and opportunities for sustainable solid waste management in privately protected areas, given the limited research conducted on this topic. A case study approach was followed, which focused on the Sabi Sand Wildtuin, a private nature reserve (PNR) in South Africa. Interviews were conducted with 30 participants, which included representatives from the management authority, commercial lodges, non-commercial properties and a waste service provider. Several challenges have been identified by interviewees. Behaviour was the most frequently mentioned challenge, where interviewees raised concerns about negative attitudes, unwillingness to implement waste management measures and a possible lack of support. Other frequently mentioned challenges included foreseen difficulties due to the size and location of the reserve and concerns around funding of waste management measures, especially given the financial implications of coronavirus disease 2019 (COVID-19) travel and tourism restrictions. The most frequently identified opportunities included creating jobs and improving livelihoods, providing assurance and transparency of what happens to waste ‘beyond the gate’ and improving awareness, knowledge and skills related to waste management. To optimise the opportunities towards sustainable solid waste management, PNRs should focus on aligning their strategic direction to achieve legal compliance and support community initiatives to establish waste-related infrastructure and services that cannot be implemented within the reserve.Conservation implications: The pursuit of waste-related opportunities within privately protected areas could enhance the implementation of sustainable solid waste management in PNRs, whilst also contributing to pollution prevention, community upliftment and other secondary benefits, which could ultimately result in increased conservation efforts.

Severability Doctrine and the Exercise of Judicial Review

One of the most important doctrines a constitutional court must consider when exercising judicial review is severability. If a court decides that a statutory provision is unconstitutional, it must also decide whether that provision may be severed from the statute to allow the remainder to carry the full force of law. While the use of severability by constitutional courts has generated substantial controversy among legal scholars, there has been scant empirical analysis evaluating their claims of how courts employ severability doctrine. Relying on both legal and social science scholarship, I craft a series of hypotheses about how courts use severability. I test these hypotheses on the U.S. Supreme Court’s constitutional decisions on important federal statutes over the post-war period. The analysis shows that both political and legal considerations influence the Court’s severability doctrine, simultaneously fueling and allaying the criticisms of the legal community.

PEMBENTUKAN ANGGARAN PENDAPATAN DAN BELANJA DESA (APBDes) DALAM PRESPEKTIF GOOD GOVERNANCE

The scope of structuring an absolute democratic system is an effort to involve various elements such as from the government administration, residents and business owners who are tasked with creating an absolute government. The sector that plays the main role in creating a constitutional order that makes the basic foundation for carrying out services provided by regional leaders and ranks in accordance with state authorities (Encik Muhammad Fauzan, 2017: 251). The village is an area where there are people who inhabit and live and whose rights are protected by law, there are certain coordinate points as a sign of boundaries between areas of legal community units. The duties and responsibilities of the village government authorities are to run the government on a foundation for and by the people. This is stated in the regulation in article 1 point 1 of Law Number 6 of 2014 concerning Villages. Meanwhile, the village (hamlet) is defined as the administrator of the state which involves the affairs of the people as the driving force for the wheels of government (Sirajudin and Winardi, 2016: 336)

Predicting Indian Supreme Court Judgments, Decisions, or Appeals

Abstract Legal predictive models are of enormous interest and value to legal community. The stakeholders, particularly, the judges and attorneys, can take the best advantages of these models to predict the case outcomes to further augment their future course of actions, for example speeding up decision making, support arguments, strengthening the defense, etc. However, accurately predicting the legal decisions and case outcomes is an arduous process, which involves several complex steps—finding suitable bulk case documents, data extracting, cleansing and engineering, etc. Additionally, the legal complexity further adds to its intricacies. In this paper, we introduce our newly developed Machine Learning (ML)-enabled legal prediction model and its operational prototype, eLegPredict, which successfully predicts the Indian supreme court decisions. The eLegPredict is trained and tested over 3072 supreme court cases and has achieved 76% accuracy (F1-score). The eLegPredict is equipped with a mechanism to aid end users, where as soon as a document with new case description is dropped into a designated directory, the system quickly reads through its content and generates prediction. To our understanding, eLegPredict is one of the first few legal prediction models trying to predict Indian supreme court decisions.