Granting Of Rights Research Articles

Can Social Robots Qualify for Moral Consideration? Reframing the Question about Robot Rights

A controversial question that has been hotly debated in the emerging field of robot ethics is whether robots should be granted rights. Yet, a review of the recent literature in that field suggests that this seemingly straightforward question is far from clear and unambiguous. For example, those who favor granting rights to robots have not always been clear as to which kinds of robots should (or should not) be eligible; nor have they been consistent with regard to which kinds of rights—civil, legal, moral, etc.—should be granted to qualifying robots. Also, there has been considerable disagreement about which essential criterion, or cluster of criteria, a robot would need to satisfy to be eligible for rights, and there is ongoing disagreement as to whether a robot must satisfy the conditions for (moral) agency to qualify either for rights or (at least some level of) moral consideration. One aim of this paper is to show how the current debate about whether to grant rights to robots would benefit from an analysis and clarification of some key concepts and assumptions underlying that question. My principal objective, however, is to show why we should reframe that question by asking instead whether some kinds of social robots qualify for moral consideration as moral patients. In arguing that the answer to this question is “yes,” I draw from some insights in the writings of Hans Jonas to defend my position.

ASAS PACTA SUNT SERVANDA DALAM PENEGAKAN HUKUM PIDANA INTERNASIONAL

The dark history of the first world war and the second world war had an impact increasingly increasing international attention to the protection of human rights. One of the efforts made was strengthening the provisions in international law. The state as the main actor in international relations plays an important role in the establishment of norms in international law. In its development, state relations are regulated in international agreements. The most common principle in international treaties is pacta sunt servanda. In general, the pacta sunt servanda defined by the state is only bound by the agreement pursuant approval from the state. This becomes very crucial for the protection of the sovereignty of the state. In reality, however, there are few international treaties that grant rights and obligations to countries that do not participate in international treaties. Related to international criminal law enforcement, the existence of this principle keep on debated, especially since those stipulated in international criminal law are international crimes and punishment of perpetrators of such crimes. The international dimension in a crime can be seen from various aspects. Therefore this paper will discuss the principle of pacta sunt servanda in law enforcement of international criminal law. This research was normative juridical as the main approach. The principle of pacta sunt servanda should not be based of state bondage in international criminal law enforcement, the state may be bound in that by customary international law.

Perlindungan Hukum Terhadap Pihak Yang Beritikad Baik Dalam Perjanjian Lisensi Merek Menurut Undang-Undang No.15 Tahun 2001 Tentang Merek

License Institution is one of the most important A license agency is one of the most important parts to implement HAKI (Intellectual Property Rights) of trademark and services. The implementation of the brand licensing agreement in Indonesia is regulated by the Branding Act No. 15, 2001. License is a permit given by a registered brand owner to other parties with an agreement based on the granting of rights (not transfer of rights) to use the brand, either for the whole or part of the type of goods and / or services that are registered in certain time and conditions. In licensing, the law provides legal protection to those who are well-liked. This provision constitutes a fundamental application of legal protection to the parties concerned. The legal protection of those parties is regulated in the Branding Act, Article 48, 2001. Keywords : Legal Protection, Good-willed Parties, Brand Licensing Agreement

Os refugiados e as nossas categorias de moral, política, direito e democracia

This article deals in several aspects with the incompatibilities between the modern and western categories of politics and law with the demands concerning the migratory phenomenon, especially regarding the refugee problem. It analyzes, at first, the insufficiency of theses that depart only from a moral duty to the inclusion of refugees. Then, it discusses the issue of the granting of rights to immigrants, especially refugees. Finally, it presents a critique of how democracy becomes excluding by keeping the conflict in the same patterns of a class struggle. Keywords: legal sociology, migration policies, refugees.

Under the Law

Since a 1997 amendment to the Individuals with Disabilities Education Act, students with disabilities who attend private schools have not had the same rights to services and due process that are afforded to those who attend public schools. However, as a recent Minnesota court decision makes clear, state law may grant rights that the federal regulations do not.

English

Right after the overthrow of dictatorial military regime since 1991, Ethiopia underwent a remarkable change of political system. It has restructured the society based on federal state arrangement which creates nine self-administered regional government taking linguistic, settlement pattern, and consent of the governed into consideration. Addis Ababa and although not mentioned in the constitution, Dire Dawa become autonomous city administration outside regional sphere of competence but administered and responsible to the federal government. The federal arrangement further creates Bi-cameral federal institutions, House of People Representatives and House of Federation for the site of regional people representatives and minorities that are found within the regional government, respectively. Under the house of people representative, out of 548 seats, 20 are lefts and reserved for minority groups. Under house of federation, this is commonly understood as the house of minorities in which every nation, nationality and people of Ethiopia have representative that reflect the interests of their minority groups. Every nation, nationality and people has a minimum of one representative and possibly to have additional representative based on their population number. The house with its entrusted power to interpret constitution, enables safeguarding the constitutionally granted minority rights. Such recognition of cultural diversity and the institutionalization of minority rights is a critical factor that acts as the viability of ethnic based federalism in Ethiopia. Key words: Ethiopian federalism, house of federation, minority rights, minority rights protection.

PROBLEMATIKA HUKUM AKTA HIBAH ATAS TANAH YANG TIDAK SAH KARENA MELEBIHI BAGIAN TERKECIL AHLI WARIS

A grant is a legal act of transfer of ownership that is deliberately given to another party. In Article 1682 of Civil Code states that the implementation of the grant is done by using an authentic deed. The finding of this research on the verdict of Klaten District Court no. 8 / Pdt. G / 2001 / PN.Klt, where the land grant with Grant Deed no. 387 / DLG / 23/1999 and Grant Deed no. 388 / DLG / 23/1999 dated 30 August 1999 which has been made by defendant I (Land grantee) is declared null and void because it is illegal (legal defect) and has no legal power to be used as evidence of land grant rights. The conclusion in this research is the consideration of the judge in civil suit case with case No.8 / PDT.G / 2001 / PN. Klt constituted by the Civil Code (BW) which states the Grant Deed No 387 / DLG / 23/1999 and the Grant Deed No. 388 / DLG / 23/1999 shall be declared to have no legal force and shall be void by law because they have no material evidentiary power.Keywords : Legal Problems, Authentic deed, The heir’s minimum right

Drug patent structure dispute continues

A nearly three-year intellectual property disagreement over a promising anticancer agent continues. In 2014, Kim Janda of Scripps Research Institute California discovered that ONC201, a drug candidate under development at Oncoceutics, had been patented with an incorrect chemical structure. Scripps applied for a new patent on the compound with the correct structure and licensed it to another company, Sorrento Therapeutics (C&EN, June 9, 2014, page 32). On Jan. 31 of this year, the Patent & Trademark Office reissued Oncoceutics’s first ONC201 anticancer patent with a corrected chemical structure. But this doesn’t mean the dispute is over. Janda argues that Scripps’s application for a composition-of-matter patent, which would grant rights to the molecule itself, would take precedence over Oncoceutics’s corrected method-of-treatment patent, which grants rights to the molecule’s applications. In such cases, a company can’t legally profit from the use of a patent-protected substance without licensing it from its owner. Scripps’s

Medical liability insurances in Dentistry

The law is a social science in charge of regulating human behavior in society through the imposition of duties, granting of rights and application of sanctions. On the other hand, private law refers to the relationship established between individuals without the direct intervention of the state and is classified in civil, commercial and international private law. Therefore, any disagreement or dispute between individuals can be settled through the support of civil law in accordance with its legal nature. Civil law is directly related to contracts, as well as with the responsibilities and obligations from which they emanate.

E.G.O.: The Passions of Eugene Gladstone O'Neill: A play in two acts (excerpted)

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Winner of the SLS Annual Conference Best Paper Prize 2015: Towards an understanding of the basis of obligation and commitment in family law

Much family law scholarship in recent years has been focused on the recognition of different types of family relationship. Often, the rationale for the grant of rights and duties to new forms of relationship is said to be because the parties have shown commitment, or the same degree of commitment, as those in formally recognised unions, such as marriage. But there has been relatively little consideration of why or how commitment can provide an adequate rationale for the imposition of legal consequences, in particular, legal obligations, especially when such commitment may be lacking on the part of one of the parties, or comes to an end. This paper explores the meanings of obligation and commitment within the family and questions whether commitment provides a necessary or sufficient justification for the imposition of legal obligations in family relationships.

Law Education: Language and Legal Translation Perspectives

The development of law education in many countries goes along with the reforms in higher education, social processes and the development of national legislations. The main goals of training law specialists have been developing professional competences with the view to effective granting of rights to citizens and acquiring transferable skills necessary in future employment. One of the challenges in the European law education concerns learning effective legal communication in which problems are not rare due to different legal cultures. The role of foreign languages and translation related to communicative aspect of education is significant and requires analysis and discussion in educational communities. The need to train law specialists and judges in foreign languages poses the problem of integration language courses into law education.

UNLOCKING MINERAL-TENURE SECURITY: THE APPLICATION PROCEDURES UNDER THE MINERAL AND PETROLEUM RESOURCES DEVELOPMENT ACT 28 OF 2002

It is essential that a country’s regulatory regime provides mineral-tenure security to investors to attract investment to its mining industry. This article argues that security of tenure in the mining industry requires evaluation in two phases, namely the holding phase and the application phase. This article focuses only on the application phase that concerns procedures for application and granting of rights to minerals. Four markers are identified in order to evaluate whether the application and granting procedures in the Mineral and Petroleum Resources Development Act, 28 of 2002 provide security of tenure to applicants for and holders of rights to minerals. The article provides a detailed analysis of two of these markers, namely exclusivity and the first-come, first-served principles.

A Genre for Justice: Life Writing and Undocumented Migration in Rosalina Rosay’s Journey of Hope

Rosalina Rosay’s Journey of Hope (2007) to date constitutes one of only two published memoirs by a woman who entered the United States as an undocumented migrant from Mexico; it is the only one which acknowledges this status openly. This article suggests that Rosay manipulates the life writing genre in order to inform her white American audience about undocumented migrants’ humanity and to call them to social and political action. Rosay writes in the form of the testimonio—traditionally connected with collective activism—but markets her book as a memoir appealing to American individualism. As a trickster text—a narrative that plays with genre boundaries to humanise undocumented migrants—Journey of Hope pushes readers to see undocumented immigrants as economic refugees who should not be excluded based on stereotypes but granted basic human rights. I explore specifically the rhetorical tools Rosay employs to speak to her privileged readers’ values and to alleviate their concerns about undocumented migrants as a social and cultural threat. In reviving the testimonio as a trickster text with new purpose for Latina immigrant writers, Rosay’s work shows how migration patterns are gendered and underscores immigrant women’s fight against oppression.

No Taxation of Elites, No Representation

Does state weakness lead to representation via taxation? A distinguished body of scholarship assumes that fiscal need forced weak(ened) states to grant rights and build institutions. The logic is traced to pre-modern Europe. However, the literature has misunderstood the link between state strength and the origins of representation. Representation emerged where the state was already strong. In pre-modern Europe, representation originally was a legal obligation, not a right. It became the organizing principle of central institutions where rulers could oblige communities to send representatives authorized to commit to decisions taken at the center. Representation thus presupposed strong state capacity, especially to tax. The revision amends our understanding of the historical paradigms guiding the literature, as well as the application of these paradigms to policies in the developing world. It suggests that societal demands for accountability and better governance (the assumed aims of representation) are more likely to emerge in response to taxation already effectively applied.

Why Workers’ Rights Are Not Women’s Rights

“Why workers’ rights are not women’s rights” is an argument whose purpose is to make clear why workers’ rights rest on a masculine embodiment of the labor subject and it is this masculine embodiment which is at the center of employment contracts and employment relations systems. By excavating the gender subjects implicit to and explicit in regulations of labor, the paper reveals the opposition of paired terms, masculinity and femininity privileging production over reproduction and naturalizing gender-based power relations. The paper identifies various laboring activities associated with differential rights and responsibilities. An examination of the treatment of part-time employment and waged caring labor, framed in labor, welfare, immigration, and citizenship policies and practices, locates exclusions from labor standards and exemptions from entitlements due to eligibility requirements and thresholds that assume the masculine embodiment of the worker-citizen. Gendering the analysis illustrates how contemporary labor laws and conventions grant rights on the basis of, and to, a rather abstract conception of the prototypical worker-citizen. Its origins lie in what classical political economy labeled a capitalist logic, as well as the historical practices in which free class agents entered into contracts for continuous, full-time work free of care responsibilities outside of the wage/labor nexus. Thus, it is this particular abstract construction of the proto-typical worker which instantiates the separation of “rights to” from “responsibilities for”, and it is this separation that allows the masculine embodiment of the labor subject. Modes of regulation privileging rights over responsibilities will valorize the masculine worker-citizen whose rights derive from their participation in wage labor and simultaneously devalue the feminine worker who is directly connected to caring labor.

The Psychology of Corporate Rights

Relying on the corporate personhood doctrine, the U.S. Supreme Court has increasingly expanded the scope of rights granted to corporations and other forms of collective entities. While this trend has received widespread attention in legal scholarship and the media, there is no empirical research examining how people think about the rights of corporations. We investigated this issue in a series of three studies, each exploring a different constitutional right (religious liberty, privacy, and freedom of speech). In each study, we examined people’s willingness to grant rights in several types of business contexts (i.e., a ‘closely held’ family business, a large national corporation, for-profit and non-for-profit companies) and to different types of targets (i.e., employees, owners, and the company as a separate entity). We also looked at whether perceptions of corporate (versus individual) rights are affected by political ideology. Our results demonstrate that people are significantly and consistently less willing to grant the same scope of protection to companies versus people, particularly if these companies are for-profit large corporations. This tendency persisted among both liberals and conservatives. We identified ideological differences in the relations between employee and company rights: these were positively related among conservatives and more conflicting among liberals. Importantly, we found some evidence that people grant rights to companies because they want to protect the rights of individuals. Taken together these results indicate that, psychologically speaking, individuals (and not corporations) are the appropriate recipients of rights.

Shareholder Engagement and Identification

The European Commission launched, in April 2014, a new initiative to amend the shareholder rights directive as regards to the encouragement of long-term shareholder engagement. Under this heading, the Commission proposal intends to grant rights to shareholders concerning director remuneration (say on pay) and related party transactions. Moreover, it also imposes duties concerning an engagement policy on institutional investors and asset managers and gives rights to the management concerning shareholder identification. This paper deals with shareholder engagement and identification by referring to the initial Commission proposal. Both instruments are motivated by referring to the support shareholders have allegedly given to managers’ excessive risk taking before the financial crisis. The current level of “monitoring” of investee companies and engagement by institutional investors and asset managers is considered inadequate, leading to suboptimal governance of listed companies (see preamble 2). It is questionable whether the financial crisis revealed weak governance in listed companies and whether the rules proposed are likely to meet the objectives as stated in the directive.

Adopted and Illegitimate Child Under Indian Christian Law: Revisiting Inheritance Rights

The Indian Succession Act 1925 (ISA 1925) is based on common law principles and driven only by the principle of consanguinity; it does not provide for adoptive relationships or grant rights to illegitimate children thereby denying inheritance rights to both adopted and illegitimate children. The Juvenile Justice (Care and Protection of Children) Act 2000 (JJ Act 2000) was passed with the object of providing for proper care, protection and treatment of juveniles in conflict with the law and children in need of care and protection with the ultimate aim of their rehabilitation. Adoption, as one of many other modes of rehabilitation under the JJ Act 2000, and as affirmed by the Supreme Court in the Shabnam Hashmi case, reflect legislative and judicial support for making adoption a secular act and independent of the religion of the person adopting. Though the JJ Act 2000 grants the right to all Indian citizens, including Christians and Muslims, to adopt and confers the same rights as biological children have on the adopted child, it lacks clarity as to the application of succession law with respect to adopted children receiving inheritance rights in property. The question remains open as to the applicability of the ISA 1925 in respect of devolution of inheritance rights on children adopted by Christian parents under the JJ Act 2000 particularly when ISA 1925, which regulates the Christian law of succession, denies inheritance rights to an adopted child.

Private International Law Aspects of Authors’ Contracts: The Dutch and French Examples

Copyright generally vests in the author, the human creator of the work. But because, at least until recently, most authors have been ill-equipped to commercialize and disseminate their works on their own, the author has granted rights to intermediaries to market her works. Since most authors are the weaker parties to publishing, production, or distribution contracts, the resulting deal may favor the interests of the intermediary to the detriment of the author’s interests. Many national copyright laws have introduced a variety of corrective measures, from the very first copyright act, the 1710 British Statute of Anne, which instituted the author’s reversion right (still in force, albeit much modified, in U.S. copyright law), to detailed limitations on the form and scope of grants found in many continental European copyright laws. Recently, the Netherlands and France have amended their copyright laws to reinforce author-protective provisions; the French reforms particularly envision the publishing contract in the digital environment. But many author contracts, especially in the digital environment, grant rights for multiple territories: how does the international dimension of these agreements affect the practical ability of individual countries to regulate authors’ contracts with respect to exploitations occurring within their borders? If, on the one hand, “lawmakers tend to be provincial in developing copyright-contract rules, remaining focused on largely local parties and interests rather than on policies common to many jurisdictions,” and, on the other, general principles of private international law leave to the parties the determination of the law applicable to their contract, may the parties simply avoid “provincial” protections of authors’ economic interests by choosing (or the stronger party imposing) the law of a less author-interventionist jurisdiction to govern the full territorial extent of the ransfer? This Article will first discuss two examples of reforms of copyright-contract law, then will consider the extent to which private international law rules may render these reforms largely ineffective for authors who grant rights for multiple territories. Finally, we will propose private international law approaches that preserve local author-protective contract restrictions without rendering the implementation of the international agreement unduly cumbersome or unpredictable. We recognize that our approach departs from classic, content- neutral, private international law rules, because it seeks to impose a particular outcome. But content-neutral choice of law rules are what create the problem that provoked this examination in the first place: the rule of “party autonomy,” that directs courts to look to the law the parties choose for their contract enables the stronger party to avoid weaker party protections simply by submitting the contract to a less-constraining national law. The proposed rule remains within the general private international law (nonsubstantive) framework because it in no way instructs states to adopt author-protective measures. It simply endeavors to ensure, if a state does determine to recalibrate the balance of power between authors and exploiters, that the contract not set the state’s efforts to protect its resident authors to naught.