Definitions Of Law Research Articles

Regulatory Obsolescence in the Technological Age: Analyzing whether Autonomous Vessels Have Sovereign Immunity at Sea

Abstract In 2016, an American autonomous underwater glider was seized by the Chinese navy in the South China Sea. The United States considered this a hostile act as the glider was sovereign immune. The Chinese maintained they were merely detaining an unknown craft to properly identify it. The glider was subsequently returned to the United States. Despite this incident ending somewhat peacefully, the issues that led to and stem from it are far from resolved. Was China right in detaining an unidentified object? Or was the United States right asserting that all craft are covered by sovereign immunity if so declared? Can autonomous vessels even have sovereign immunity? These issues are symptomatic of the technological age and the struggle of law to keep pace with constant advancements: new types of vessels do not fit neatly into the definitions of current international law, putting them in regulatory limbo. If not addressed, this could lead to an escalated incident in the future. This article considers the challenges of classifying autonomous vessels under international law, the function of sovereign immunity at sea, and whether it can apply to autonomous vessels. It will also consider potential methods for clarifying the issue at law.

Finding stable ground: Moving from ‘sea slavery’ to ‘continuum of exploitation’

The use of terms such as sea slavery, modern slavery, slavery, forced labour and human trafficking to describe the exploitation experienced by fishers creates a number of problems. First, these terms are used inconsistently in the wider literature and, in part, fail to engage with the ongoing debate concerning their definition in international law. Use of these terms also implicitly prefers framing situations in criminal terms and consequently seeks solutions in criminal responses. As a result, many fishers are left without protection because their situations either do not actually amount to criminal exploitation or because cases are difficult, if not impossible, to prosecute. This paper reviews the international law definitions of slavery, servitude, forced labour and human trafficking and with reference to case law and literature points to some of the issues in current interpretation and how these apply to fishers. The paper instead proposes that a more stable framework for analysing exploitation and abuse experienced by fishers can be found with reference to a ‘continuum of exploitation’ where exploitation is understood to not be restricted to static criminal law categories but that it can evolve and move along a continuum from less severe to more severe.

Конституционная терминология в праве социального обеспечения

The article analyzes the constitutional terminology used in social security law. The concept of constitutional terminology is explained both broadly and narrowly. The specifics of the constitutional terminology creation and its’ influence on the terminology utilized in the particular branches of law are substantiated. In relation to the law of social security, the definitions of the constitutional terms such as social protection, social security, compulsory social insurance, and targeted social support are analyzed. Said terms form the basic definitions of social security law. Their content and correlation with each other, as well as their correlation with the other constitutional and subject matter terms, is significant in the context of the independence of the social security law, branch-wise. It is not always possible to define these terms with the necessary clarity based solely on the analysis of the definitive regulations of the industry-specific legislation. In addition, the social protection system is not static, its structure changes following the dynamics of social relations. Accordingly, the content of some constitutional terms is modified. As an example, the author analyzes the development of social support as one of the forms of social protection. It is concluded that the consolidation of the term ‘targeted social support’ in the text of the Constitution of the Russian Federation in 2020 reflects the current trend in the social protection system and sectoral legislation development. The mutual influence of the constitutional and branch-wise terminology draws increasing attention to the issue of doctrinal support of the process of formation and development of the conceptual apparatus within the social security law.

Право, закон, законность. Анализ взаимовлияния феноменов в контексте общественного уклада жизни людей

This paper, a legal analysis will be carried out from the point of view of the evolution of such phenomena as law, law and legality, which arose as a result of human society. First, consider the mutual influence of law and law, various approaches to influencing public life. After, we will try to determine the criteria for distinguishing between legal and non-legal law through the prism of justice. Understand the definitions of positive and natural law. Let us clarify the concept of legality and its relationship with the studied phenomena.

The Role of the Discipline of Canon Law in the Liturgical Formation of the Faithful of the Catholic Church

In order to show the role of canon law in the liturgical formation of the faithful, the author undertakes an interdisciplinary reflection (philosophy, theology, legal sciences) on the understanding of law. Analysing the existing definitions of canon and liturgical law, she notes the positivist approach in this field. Then, on the basis of metaphysics and Thomism, she proposes a different view of law, canon law and liturgical law. She also notices the presence of Roman law in the church's legal culture. The legal formation of the faithful, based on such foundations, will allow for a deeper understanding and a better experience of the liturgy.

Law as an Autonomous Discipline

The development of legal studies is colored by the views of legal scholars who are in opposition to one another, namely views that emphasize that law is sui generis, self-sufficient, and immanent rationality as well as the view that law is not independent or can be influenced by other disciplines, such as politics and economics. Based on these differences in views, the problem to be examined is formulated, namely whether the science of law is an autonomous scientific discipline. These problems are examined based on the type of normative research with a conceptual approach. The analysis related to legal autonomy begins with examining the subject matter of jurisprudence which is nothing but an attempt to find out the nature of law or an attempt to answer the question ’what is law?’. Many jurists have provided definitions of law, including Roscoe Pound, Jeremy Bentham, Hans Kelsen, H.L.A. Hart, Ronald Dworkin, and John Finnis. These jurists have something in common in that law is a rule of conduct or has a normative character. Next is described a view that rigidly states that law is autonomous, namely from Ernest J Weinrib with his concept of ’law as immanent rationality’, and a view that does not rigidly state that law is autonomous, namely from Gunther Teubner and Niklas Luhmann with his concept of ’law as an autopoietic system’. The conclusion of this research is that law is autonomous, but not understood in a rigid manner, where law is closed and open at the same time.
 Keywords: law, autonomy, openess

A BIOÉTICA COMO GATILHO DA EVOLUÇÃO DA LEI NATURAL

Objective: The purpose of the article was to determine the relationship between the concepts of "jus naturale" and "global bioethics", as well as to clarify their significance for rule-making activity. Theoretical framework: The introduction of the concept of "neo jus naturale" into the scientific circulation is justified, which is understood as a new stage of the evolution of jus naturale and the basis for the formation of a renewed type of legal understanding - bioethical. Neo jus naturale is considered as the foundation of modern law-making. Method: The methodology of the research is: firstly, the unification of the concept of legal-positivist and natural-law types of legal understanding in the phenomenon of "bioethics" with the dominance of the natural-legal type of legal understanding in this synthesis; secondly, a change in worldview positions from anthropocentrism to ecocentrism. From research methods, both traditional, for example, historical, and non-traditional methods, for example, Gestalt approach, were used. Results and conclusion: The articles illustrate the relationship between the concepts of "jus naturale" and "global bioethics" and their significance for rule-making. The definitions of natural law and bioethics are analysed and their meaningful analysis is carried out. Implications of the research: The research provides valuable insights into the relationship between "jus naturale" and "global bioethics" and their significance for rule-making. It contributes to the ongoing discussion on the evolution of legal understanding and the integration of ethical principles in a globalized world. Originality/value: It was found that global bioethics reflects the synthesis of two main concepts of legal understanding (natural and positivist), which can be recognized as the next step in the culture of development and knowledge of the phenomenon of law.

Learning from the Ethics of AI – A Research Proposal on Soft Law and Ethics of AI

This contribution outlines a research proposal combining ethical guidelines on AI and a law-as-data approach. Building upon the definitions of soft law discussed in legal scholarship, it proposes a way of structuring the regulatory landscape on AI and of addressing the question of what is included in the “soft law of AI” today. By adopting a building-blocks approach (combining distinct definitional components of soft law), the paper shows that the state of current soft law on AI depends on which position on international law one defends. Concretely, the paper firstly offers a complete codebook for identifying the different types of soft law. Secondly, it applies this codebook as a proof-of-concept for the research proposal by analyzing 40+ ethical guidelines and by clustering preliminary results according to the actor enacting the guidelines and the legally relevant effects they could deploy. Four paradigmatic types of soft law emerge: statist and international organization soft law, process-oriented soft law, expertise-oriented soft law, and de facto relevant standards soft law. These results illustrate the contributions which are to be expected from a law-as-data research proposal.

К вопросу о современном состоянии теоретической науки канонического права

Subject. The article analyzes the theoretical, legal, theological and philosophical aspects of canon law. Goal. Analyze the current state of the theoretical science of canon law. Method or methodology. The research is based on methods of analysis of legal sources, as well as methods of induction and deduction. Results of the work. The role of methodological principles in conducting scientific research has been determined, the scientific approaches responsible for solving the problems of church legal science have been systematized, a number of current scientific directions in this area have been detailed, and the reasons for the lack of development of the basic definitions of canon law have been established. Conclusions. The essence of law and the phenomena formed by it is difficult to comprehend in practical jurisprudence. Even the general theory of law uses for this purpose the unique achievements of other humanities: philosophy, sociology, political science, theology, history and others.

Characteristics of national enculturation and awareness of national symbols among young people in Hungary

The civic values of a 21st century man, the acquisition of the traditions and symbols of his own national culture are changing. The sustainability of the process of national enculturation and the significant impact exerted by the media pose serious challenges for the leaders of states, the creators of school systems and methodologies, as well as the representatives of arts. One of the most effective and dominant actors in enculturation can be the state, which maintains the institutions shaping their methodology, gives direction for and often specifies the content through funding, and provides public law definitions of the symbols that can be decisive for citizens in this process of enculturation. The younger generation’s openness for cultural traditions and their historical memory are of particular interest here. The concept of enculturation was introduced by M. J. Herskovits (1962). Enculturation is a most comprehensive learning process. This means the acquisition of basic skills which are indispensable for all human beings. These skills are gained through the help provided by the institutions and forms of activity established by the society and through education. To continue this idea, these skills are indispensable in the Hungarian society, where they are gained through the help of the institutions and forms of activity established by the society, such as language, religion, technology, art, and sport, and through education. Education is the most important means of reproducing the culture of a society in the individual and passing it on to each generation. My study was designed to briefly represent the results of a micro-survey, which paved the way for a collection of nation-wide data. I collected the presented research data during a small sample survey to prepare a questionnaire (pending) to gain a deeper understanding of the national memory of university students. The form of the study is a research paper. It reflects a state at a given point of the research, commenting on the relevant findings of literature, and raising new dilemmas in a changing youth scenario, which I would like to analyse in their deeper patterns later.

Goose-stepping? The concept of the Hungarian public administration contract from a private law point of view

The author addresses questions raised in the professional literature of public law (e.g.: the applicability of the Hungarian Civil Code to public law contracts), alongside the contradictions (e.g.: there isn’t a unified set of denotations and categories) and problems included therein, and the one-sidedness thereof (the disregarding of the respective works of private law). We analyze the selected material by concisely explaining the relation between public law and private law in Hungary. The author pays special attention to the Hungarian public law definitions as well as the contract-types with their characteristics, and finally, conclusions are drawn, and compatible perspectives are proposed.

Health and medical apps - Same same but different? A review of definitions in public health and law

Abstract The terms health app and medical app are often used interchangeably but do not necessarily mean the same. Medical apps can be regulated as mobile medical devices and therefore need to meet general safety and performance requirements. On the contrary, health apps are not part of this legal framework and do not need proof of their efficacy or guaranteeing data security. We need distinct definitions of health and medical apps to understand these terms better and regulate such technologies more effectively. We will provide an overview of health and medical apps definitions and a differentiation flowchart from public health and legal perspectives. A search in 6 databases identified 22 publications that defined health apps and 11 reports that described medical apps. The core elements of these definitions were identified through qualitative analysis. Health and medical apps share the same devices, technical functions and collect health data. While it can be highly challenging to decide which legal requirements have to be fulfilled by an app, we deem it unfit as a distinction criterion. It requires legal knowledge, which is neither suitable nor practical for users. However, medical device law is closely linked to the app’s intended medical or health purpose criteria, which allows a clear differentiation. Additionally, the difference in the user group can be used for separation. Our suggestion for the definition would be that health apps are software programs on mobile devices that process health-related data on/for their user. They can be used by every health-conscious person to maintain, improve or manage the health of an individual or the community. As an umbrella term, health apps include medical apps. They share the same technological functions and devices as health apps. Health professionals, patients, and family caregivers are the main user groups of medical apps. Due to the intended use for clinical purposes, medical apps can be regulated as mobile medical devices. Key messages • Separating apps based on legal regulation is impractical & can’t be expected from all stakeholders. Differencing between health and medical apps requires the user group and the health aim of the app. • Health apps include medical apps. Since 2019, medical apps in Germany contain digital health applications (DiGA). Since 2022, medical apps partly include digital care applications (DiPA).

Racial Capitalism and the Contemporary International Law on Slavery: (Re)membering Hacienda Brasil Verde

ABSTRACT Refusal of abject commodification undergirds contemporary international law definitions of slavery and their growing linkage to international economic agreements through injunctions against the use of forced labor. Yet there are screaming silences in ongoing attempts to grapple with the prevalence and significance of contemporary slavery in the global economy. This contribution to the special issue on racial capitalism in international economic law calls for a reckoning with the past in the international law on contemporary slavery. By foregrounding resistances to erasure, and squarely addressing the significance of race to the perpetuation of slavery, this article seeks to harness their promise for a reconstruction of a contemporary law of slavery that understands racialization as offering an essential social justice challenge to the decommodification of labor.

New York Redefines “GAMBLING” … and What Could this Mean for Poker?

New York Redefines “GAMBLING” … and What Could this Mean for Poker?

Platform work and the changing of definitions of employee and employer

During the 20th century the relationship between the employee and employer changed within a certain economic formation. The conceptual definitions of labor law as a branch of law corresponded to needs of industrial society. If for a long time this was mainly investigated from the view of differentiating the features of labor regulation of certain categories of workers, then at the beginning of the new millennium, with the development of technology and artificial intelligence, it became necessary to revise the classical understanding of the labor relationship and its subjects. The growing gig economy, combined with advances in artificial intelligence, is destroying not only familiar business models, but also traditional notions of work and of the employee and employer in the traditional labor law context. Nowadays, when there is an understanding of the future legal foundations of the digital economy, it is important to choose the right path of development and answer the question: To what extent do the values of traditional labor law meet modern challenges in the field of employment? The introduction of new technologies in the field of employment and the departure from the concept of a “responsible (single) employer” are the features of a new inevitable stage of social development. With all the risks that the development of robotics and artificial intelligence carries for humans, rejection of the achievements of scientific and technological progress at this stage is not possible. In this regard, in the matter of changing the concepts of employee, employer, and labor relations in the digital economy, it is important to consider not so much the actual terminological aspect, as to determine how technological factors of recent years affect their legal nature.

The definition of criminal offense, it`s concept, signs and significance (criminal law aspect)

The article reveals the concept of a criminal offense as one of the main definitions in criminal law. Investigated its mandatory features, which are directly of great importance in the criminal legal assessment. It shows the lack of definition of the concept of a criminal offense in the draft of the Criminal Code of Ukraine dated by the 30 of May 2021, which consists lacking of a sign of public danger, and thereby ignores the continuity of the development of Ukrainian legislation on criminal liability and the achievements of the science of domestic criminal law. It covers the issues of differentiation of views on the concept of a criminal offense of the Government of Ukraine and the European Court of Human Rights, an example of one of the cases of this Court («Gurepka v. Ukraine» from the 6 of September 2005) is given and, because of reasoned conclusions, changes are proposed to improve the criminal legislation of Ukraine (which were also not considered in the preparation of the draft of the Criminal Code of Ukraine dated by the 30 of May 2021). The authors consider the importance of a criminal offense in the criminal and closely related criminal procedural legislation of Ukraine. Given the fact that the concept of criminal offense is used in international practice, in particular in accordance with the practice of the European Court of Human Rights, we consider it appropriate to establish the following deadlines for liability: 1) in Art. 63 of the Criminal Code of Ukraine «Imprisonment for a definite term» - a minimum term of three hours (not one year, as in the current Criminal Code of Ukraine, not three months, as proposed in the draft Criminal Code of Ukraine of May 31, 2021); 2) in Art. 32 of the Code of Ukraine on Administrative Offenses «Administrative arrest» - a maximum period of 3 hours of administrative arrest (and not up to 15 days, as now), as well as 3) the authors supported the view of amending Part 1 of Art. 60 of the Criminal Code of Ukraine «Arrest», stating this part as follows: «Punishment in the form of arrest is set for a period of one day to six months», or set an even shorter minimum term of arrest. The criminal-legal significance of a criminal offense is that it depends on: 1) criminal liability of a person (Articles 2, 11, Part 2 of Article 14, Article 17, Article 31 of the Criminal Code of Ukraine), 2) separation of a criminal offense from a minor act (Part 1 of Article 11 of Part 2 of Article 11 of the Criminal Code of Ukraine); 3) the type of sentence imposed from 12 possible for adults (Articles 51-59 of the Criminal Code of Ukraine) or 6 possible types of punishment for minors (Articles 98-102 of the Criminal Code of Ukraine) and the period during which the person will be punished; 4) a criminal record, which is provided only for the commission of a criminal offense and which is valid for a period specified by law (Articles 88-91, 108 of the Criminal Code of Ukraine); 5) the possibility of exemption from criminal liability (Articles 45-49, Article 106, Part 2 of Article 111, Part 2 of Article 114, Part 4 of Article 212, Part 5 of Article 258, Part 6 Article 260, Part 3, Article 263, Part 4, Article 289, Part 4, Article 401 of the Criminal Code of Ukraine etc.); 6) the possibility of release from punishment (Articles 75-87, 104-105 of the Criminal Code of Ukraine); 7) the right of the court to apply coercive measures of a medical nature (paragraphs 2 and 3 of Article 93, Articles 94-95 of the Criminal Code of Ukraine). Keywords: significance of a criminal offense, criminal legislation of Ukraine, decisions of the European Court of Human Rights.

Prosecuting Crimes against Humanity and Genocide at the International Crimes Tribunal Bangladesh: An Approach to International Criminal Law Standards

Bangladesh is recently prosecuting and punishing the perpetrators of crimes against humanity and genocide committed in the Liberation War of 1971 via a domestically operated tribunal, namely the International Crimes Tribunal Bangladesh (ICTB). Though the Tribunal is preceded under municipal law, its material jurisdiction, i.e., crimes against humanity and genocide, originated from international criminal law. Therefore, this study examines several legal obligations of the ICTB in defining crimes against humanity and genocide as the core international crimes. First, I discuss several legal flaws of the Tribunal by defining crimes against humanity and genocide under the ICTB Statute and jurisprudence. Second, I scrutinize the legal status of international (treaty and customary) laws in Bangladesh’s legal system. Third, by applying international criminal law standards, I focus on the idea that it is one of the obligations of Bangladesh to apply international criminal law definitions of genocide under the treaty obligation as the contracting parties to Genocide Convention 1948, and the ICC Statute 1998. Fourthly, I also discuss whether Bangladesh has any obligation to apply customary international law definition of crimes against humanity because crimes against humanity are considered jus cogens offenses in general international law, from which no derogation is permitted. Lastly, I conclude that Bangladesh Tribunal failed to fulfill its legal obligation to define international crimes under the treaty and customary laws and forward a way to be implemented to improve the legislative system of Bangladesh and harmonize it with international legislation.

Co-governance, Transregional Maritime Conventions, and Indigenous Customary Practices Among Subsistence Fishermen in Ende, Indonesia

This article presents a case study of a fishery in the port-town community of Ende, Flores, a former littoral hub located at the periphery of major commercial systems in the Indo-Pacific region. The article argues that more attention be paid to the role of transregional maritime networks, nautical conventions, and navigational practices embedded within local tenure systems to understand the apparent absence of formal control of marine and coastal resources. Through ethnographic and archival research, this study identifies the presence of indigenous institutions for fishing grounds regulation and documents the existence of broader transregional norms dictating proper fishing and navigation. Exploring the interactions between more pluralistic customary systems that exist in port-towns such as Ende and recent fishery development policies, the article discusses some of the obstacles to implementing sustainable co-management strategies. While the Indonesian central government is strongly promoting co-governance approaches for resource management, these institutional models are based on geographically narrow definitions of tradition and customary law which can lead to management failures, such as elite capture and local fishers’ disenfranchisement. In this case, policies emphasize the formation of cooperative groups without considering transregional beliefs about independence and pre-established systems of obligations. As a result, disputes among the fishermen, conflicts with local fishery officers, and the use of non-sustainable practices continue. For example, embodying predominant Southeast Asian beliefs, Endenese are known for their entrepreneurial nature and strong self-sufficiency ethos. Yet, these notions are ignored by local government agencies that view the fishermen as selfish and disorganized. In order to formulate true participatory solutions, a careful assessment of the role played by transregional perspectives that go beyond geographically localized understandings of customary practices is needed. The article concludes with a consideration of the role played by decentralization processes, subsidies, and aid programs in entrenching poverty and inequality among local communities.

The risky temptation of wanting to be the Legislator of the Language

Criticizing the modern, rationalistic temptation to legislate on language, this article argues that issues of 'political correctness' are an aspect of the eternal problem of definitions in law. This problem has in its turn profound connections, on the one hand, with the need, entirely human, for a correct (not one-sided or arbitrary) relationship with reality; and, on the other hand, with the insidious attempt – which is all the same typically human – to deny reality, with its conflicts and ambiguities, and to replace it with a false, less challenging reality of 'objective' certainties. In law, the problem of definitions has historically followed many and different itineraries; this article briefly traces some, trying to show that the ideal of an objective definition – an ideal epitomized in the 'norm' idealized by legal positivism – has always co-existed, in the legal experience, with the different ideal of a subjective definition (dialectical, controversial, negative, refutative), of which the ancient maxims of equity, the regulae iuris, offer a model. The problem of legal definitions in law is then a matter of forms of reason that confront each other throughout the history of law, the one investing on a calculating and instrumental rationality, the other relying on a more porous and flexible reason. In the legacy of this second point of view – which, the article maintains, has more than one analogy with the paths of contemporary Feminist 'Radical' Thought – antidotes can be found to the temptation to legislate on language, which is risky. If objectivity tries to suppress subjectivity, in fact, this is in the name of the illusion, that problems that trouble the human conditions can be fixed, defined, solved once and for all. It is instead the open texture of these problems, which cannot be defined once and for all, that encourages the work of language and thought. And these latter are the resources for a living together really capable of freedom and equality, of change and future.

Doctrinal approaches to the definition of civil procedural law

Keywords: civil procedural law, civil process, civil proceedings, subject of civil procedurallaw
 The process of reforming procedural legislation, its harmonization, harmonization with theprinciples and standards of international law, as well as other processes taking place insociety and the state are the factors that affect the need to revise the doctrinal definitions of civil procedural law. One of the most developed issues in the theory of civil procedurallaw is its definition. In turn, the development of science is impossible without reviewingeven established doctrinal approaches and provisions.An analysis of the special literature, mostly educational, led to the conclusion thatscholars use approaches to the definition of the term "civil procedural law", which weredeveloped and included in the theory of civil procedural law in the 50s-60s of the twentiethcentury. Modern definitions of civil procedural law are based on the provisions of theold invalid legislation, or on the provisions of the legislation of other countries (for example,the Russian Federation). Therefore, the purpose of this study was to review the existingdefinitions in the theory of civil procedural law and their harmonization with theprovisions of current legislation of Ukraine.In the process of researching doctrinal approaches to the definition of civil procedurallaw, it was found that researchers invest in the definition of the subject, purpose of thisbranch of law, as well as additional characteristics of civil procedural law (participants,sectoral affiliation, stage, etc.).The lack of a single doctrinal approach to the definition of the subject of civil procedurallaw, which is part of the definition of civil procedural law, prompted to study thesubject of civil procedural law and propose its author's definition.Based on the provisions of current legislation, the article presents the author's definitionof civil procedural law as a branch of law, set and system of legal norms, the subjectof which are public relations arising in civil proceedings on the basis of fair, impartialand timely consideration and resolution of civil cases in order to effectively protect violated,unrecognized or disputed rights, freedoms or interests of individuals, rights and interestsof legal entities, the interests of the state.