Juridical Knowledge Research Articles

Rights of Widow under inheritance of Property: An Analytical Study

The link between property rights, legal frameworks, and gender equality is examined in the paper "Rights of Widow under Inheritance of Property: In their analytical paper titled “A Study: Humanize the given sentence. Undoubtedly, the paper gives the juridical knowledge base due to the fact it aims at promoting the gender equality, provides support for widows, increases in scholars' discourses and, of course, raises the awareness on this matter. The research examines court interpretations and legislation, customs and traditions, and women's property and income rights, respectively, in the relations with widows' inheritance. The report reveals the importance of an in-depth perusal and the making changes to the regulatory framework to provide all widows with equal protection. Hindu women have better chance to continue their lives with kids. after their husbands' death comparing to widows of people who are Muslim, Christian and Parsi thanks to Hindus becoming much more sympathetic at present days (after the 2005 revision). The analysis comes with recommendations of reformations which include abolition of discriminatory inheritance restrictions and adoption of gender equality standards as the key baselines of the inheritance regime. Promotion of awareness to the community about their inheritance rights and Experts will be of assistance in providing widows with or enhancing their knowledge of inheritance laws. Besides the relation of legal rights and social norms, future research should be on comparative studies, impact assessments, socio-legal studies, and policy assessment in order to reach a more robust result.

The university training of the sports manager in Italy between legislative misapplications and overlapping degree courses

PurposeThe implementation of the 2021 sports reform in Italy introduced new professional figures, including the sports manager, defined by Legislative Decree no. 36/2021. According to this law, a master's degree in Organization and Management of Services for Exercise and Sport Sciences (LM-47) is required to practice as a sports manager. However, some universities offer bachelor's and master's degree courses in sports management under different study classes, such as Sciences of Legal Services (L-14), Administration and Organization Sciences (L-16), Business and Management Sciences (L-18), and Business Economics (LM-77). These degree courses may qualify individuals as pseudo-sports managers, despite substantial differences in the educational content compared to the legally defined sports manager profile. This study aimed to assess the illegitimate overlap of degree courses outside the class LM-47 and the discrepancies in their study plans compared to those of LM-47, which is the only one corresponding to the sports manager profile.MethodsThis documentary investigation used the two Ministerial Decrees of 2007 of the bachelor’s and master’s degree classes to extrapolate the degree courses involved in the overlap. Universitaly portal was used to identify the relevant subjects included in the individual degree courses in sports management other than the LM-47. The textual analysis of the objectives and content of the degree courses was done through the literature review tool Preferred Reporting Items for Systematic Reviews and Meta-Analyses (PRISMA), highlighting the relevant or consistent elements of the profile of the sports manager as established by law.ResultsDegree courses in Law and Sports Management in class L-14 have a juridical professional profile, which is minimally relevant to the sports manager's role. Similarly, degree courses in Economics and Business Management Sciences in the class L-18 and Administration and Organization Sciences in the class L-16 focus on economic–financial administration and management control, lacking alignment with the sports manager profile. Even master's degree courses in the class LM-77 exhibit disparities with the sports manager profile as defined by the law. Furthermore, all these degree courses lack European credit transfer system (ECTS) credits in the exercise and sport sciences area, an essential aspect of the sports manager profession.ConclusionThere are evident contradictions in the degree courses designed for sports managers other than LM-47. According to the law, a master’s degree in study class LM-47 is required to pursue this profession, but there are several degree programs from different classes of study (juridical and economic) available in the national educational offering. This situation may lead to the misapplication of Legislative Decree no. 36/2021 and result in problems with professional accreditation and limited employment opportunities for graduates of such courses. To promote the development of this professional figure, it is necessary to improve the educational offerings in the LM-47 with a more integrated approach to various economic and juridical knowledge to meet the educational needs of future sports managers who navigate the real dynamics of the sports industry.

Law, human capital, and the emergence of free city-states in medieval Italy

This paper considers how the foundation of the first universities in Italy affected the emergence of free city-states (the communes) in the period 1000–1300 CE. Exploiting a panel dataset of 121 cities, we show that the time variant distance of the sample cities to their closest university is inversely correlated with the probability of their transition to communal institutions. Our evidence is consistent with the hypothesis that the medieval universities provided the useful juridical knowledge and skills for building legal capacity and developing communal institutions.

The periculum mortis and the juridical norms of the Catholic Church regarding the Sacraments: Canonical Perspective

In danger of death (periculum mortis), the canonical rules laid down under “normal conditions” concerning the reception and service of the Sacraments are often impossible to adhere to. One of the fundamental problems in pastoral life is a lack of juridical knowledge of the “graces, dispensations, exceptions” in canon law in situations of the danger of death, which can be detrimental to the spiritual rights of the faithful. It is, therefore, essential to examine both normatively and pastorally. Canon law seriously takes the danger of death as a matter of its positive norms. The “exegesis method” of canon law will be used in the canon on periculum mortis, especially book IV of CIC 1983. In conclusion, it is evident that in the face of the danger of death for every physical person in the Church, the principle: salus animarum suprema lex is the only norm that must be observed.

Educationalising Death: The Emergence of Traffic Education in Swedish Elementary Schools

When a social problem is educationalised, i.e. formulated as a responsibility for educational institutions, knowledge becomes a solution for societal ills. This article examines the history of traffic education in Swedish elementary schools as a particular form of knowledge. Focusing on the three first decades of traffic education, the ambition is to delve deeper into the issue of what constituted traffic knowledge during a period of mass motorisation. In teaching about traffic, what were the main things that had to be conveyed? What were the main challenges in teaching the essentials of traffic, and what techniques were used to make traffic possible to understand for an audience of children? Drawing on handbooks for teachers and textbooks in traffic education, the article discusses five forms of knowledge that were used in traffic education: knowledge about risk, juridical knowledge, visual knowledge, moral knowledge, and practical knowledge.

Consciences du droit, connaissances et savoir-faire juridiques chez les soutiens aux personnes exilées

Cet article se propose d’examiner la manière dont les personnes apportant leur soutien aux exilé·e·s mobilisent et appréhendent le droit à Calais et à Briançon, deux villes devenues, à des époques et selon des modalités différentes, des pôles migratoires de premier plan. La première partie s’intéresse à la façon dont ces personnes appréhendent le droit et deviennent, à des degrés et selon des modalités différentes, des intermédiaires du droit. La deuxième partie fait appel au concept de “conscience du droit” (legal consciousness) développé Outre-Atlantique au début des années 1990 pour questionner la manière dont l’expérience de l’engagement dans ces territoires frontaliers a conduit à faire évoluer leur rapport au droit, à la fois en tant que norme écrite mais aussi dans la manière dont elle est appliquée par les institutions.

LEGAL EDUCATION OF FUTURE TEACHERS

In the article, the author describes the ways of juridical knowledge formation of future teachers, accumulation of juridical experience, and suggests the program of juridical education.

O julgamento do Habeas Corpus n. 143.641 a partir de uma perspectiva de direitos reprodutivos

Partindo-se da premissa de que os direitos reprodutivos são efetivados a partir do direito à saúde e incluindo-os no âmbito do Direito Sanitário, este comentário de jurisprudência visa a estudar, em uma perspectiva de direitos reprodutivos, o Habeas Corpus n. 143.641, que versa sobre a maternidade e o cárcere. Inicialmente, conceituam-se os direitos reprodutivos com base sua inserção no rol dos direitos humanos. Na segunda parte, busca-se compreender a maternidade e o cárcere a partir da análise de aspectos do Código de Processo Penal e, principalmente, da jurisprudência do Habeas Corpus n. 143.641. Utiliza-se método dedutivo do estudo da doutrina jurídica para o caso. Conclui-se que a pauta dos direitos reprodutivos está presente nas discussões jurídicas brasileiras sobre maternidade e cárcere, mas seu exercício ainda não é pleno.

Racial inquiries: law and the political visibility of racism in the Air India inquiry

ABSTRACT Critical race scholarship has effectively documented how the legal institutions of liberal democratic states figure as both mechanisms of systemic racism and avenues of redress against these forms of power. This article offers new insights into the racial effects of these legal institutions by examining the epistemic dynamics of a Canadian public inquiry that was tasked with investigating why state institutions failed to prevent and successfully prosecute the bombings of two Air India flights, which investigators attributed to Sikh nationalist groups operating in Canada. Through a discourse analysis of documents generated during the inquiry, I track how its complex epistemic dynamics precluded recognition of the racial effects of Canadian state institutions. Approaching the inquiry as an instrument of juridical knowledge production and mechanism of political accountability, this article tracks the contingent processes through which liberal epistemologies of race are validated by state actors to extend race’s systemic conditions of existence.

De la Historia del Derecho a la aproximación histórica al Derecho: gajes de la globalización

History of Law as the rest of juridical subjects has been affected by the effects of the globalization. That fact has been executed through the inclusion of the subject in the reality provided by a “Universitarian Europe” funded by the so-called “Bologna Process”. It is well known that Law can only be understood through its historical perspective but nowadays that fact needs to be especially remembered and it requires to be done from a European legal historical perspective. All which favours the approach to the studies of History of Law tends to be done through its obvious expansive virtuality since its knowledge radiates other spheres of juridical knowledge. Therefore, a consideration of a European History of Law as a complement for the historical approach to Spanish Law turns out to be ineluctable not only to achieve a better knowledge in Legal History but to achieve it in general legal sciences. Doi: https://doi.org/10.17398/2695-7728.35.53

Imām al-Ḥaramayn al-Juwaynī and Jadal Theory in the Eleventh Century (A critical analysis of Imām al-Ḥaramayn’s al-Kāfīya fi al-jadal)

<p>This study presents a critical navigation and interpretation of the book <em>al-Kāfiya fī al-jadal</em> by Imām al-Ḥaramayn al-Juwaynī (d. 478/1085). In this book, he elucidates foundational thoughts of <em>jadal </em>(dialectic) theory and its application. Despite its importance in the development of <em>jadal </em>in Islamic scholarship and dialectical art, Imām al-Ḥaramayn’s <em>al-Kāfiya </em>unfortunately has never been studied. Existing studies on the art of Islamic disputation<em> </em>theory discuss <em>al-Kāfiya</em>’s position and contribution, but the discussion of its content is not comprehensive. In this respect, this article<em> </em>not only provides a more comprehensive understanding of Imām al-Ḥaramayn’s theory of <em>jadal </em>but more importantly demonstrates how Imām al-Ḥaramayn<em> </em>formulates <em>jadal </em>as a scholastic method. He shows that <em>jadal </em>is essentially scholastic for its orientation of finding truth in the forms of epistemological and psychological certainty (<em>al-yaqīn</em>) in juridical and theological knowledge. </p>

The Actuality of Some Principles and Ideas of Law Philosophy Issued by Mircea Djuvara

Abstract The author analyzes in this paper principles and ides of philosophy of law issued by Mircea Djuvara, which preserve their contemporaneity, being useful for the perfecting of the state institutions and of the democracy not only at national level, but also at European Union one. His ideas and logical demonstration on the rational fundamentals of law, the autonomy of the moral and legal conscience, the specificity of truth and of juridical knowledge, the philosophical substantiation of power and Constitution, the principles of the democracy and the connections between the political power and the law are just few of the original elements due to which Djuvara became an acknowledged and respected personality not only in Romania, but also in the experts clubs of the Europe between the two World Wars.

Producing juridical knowledge: “Rights of Nature” or the naturalization of rights?

Rights of Nature, the idea of extending legal personhood to nature, is today’s most prominent alternative to mainstream environmental governance. Proponents describe Rights of Nature as a grassroots movement of diverse actors opposing commodification of life and anthropocentric dualism of western thought. In Rights of Nature, indigenous cosmologies validate holistic models of life to overcome dualities of nature and humans. We argue this move enacts a paradoxical dichotomy between the West and the rest and, in so doing, treats rights as existing outside western history. In this article, we push against the image of Rights of Nature as a global consensus converging on the inevitability of rights. Applying decolonial, black feminist perspectives on historical mobilizations of rights, we ask how rights for nature becomes rights as natural. We trace individuals, institutions, and ideas associated with Rights of Nature, conceptualized as a Transnational Policy Network. We find tight linkages among a small number of actors, mostly from the global North, who draw on western holism and jurisprudence to present nature’s rights as an indigenous and natural alternative to western development. Rights of Nature is not just connected to the same ideas of nature and law it rejects, but through these connections Rights of Nature universalizes colonial modes of existence as natural.

Panama and the WTO: new constitutionalism of trade policy and global tax governance

ABSTRACTTax havens and tax flight have lately received increasing attention, while interest toward multilateral trade policies has somewhat diminished. We argue that more attention needs to be paid exactly to the interrelations between trade and tax policies. Drawing from two case studies on Panama's trade disputes, we show how World Trade Organization (WTO) rules can be used both to resist attempts to sanction secrecy structures and to promote measures against tax flight. The theory of new constitutionalism can help to explain how trade treaties can ‘lock in’ tax policies. However, our case studies show that trade policy not only ‘locks in’ democratic policy-making, but also enables tax havens to use their commercialized sovereignty to resists anti-secrecy measures. What is being ‘locked in’ are the policy tools, not necessarily the policies. The changing relationship between trade and tax policies can also create new and unexpected tools for tackling tax evasion, underlining the importance of epistemic arbitrage in the context of new constitutionalism. In principle, political actors with sufficient technical and juridical knowledge can shape global tax governance to various directions regardless of their formal position in the world political hierarchies. This should be taken into account when trade treaties are being negotiated or revised.

O RISO COMO ESTRATÉGIA DE RESISTÊNCIA AO PODER PUNITIVO

O artigo é resultado de análises teóricas de uma pesquisa de doutorado em formato de um ensaio, na interface das contribuições da Filosofia, Psicologia e Sociedade, para problematizar o riso, a vingança e a justiça. As práticas punitivas, os saberes médicos e jurídicos que as sustentam são colocadas em questão. Também são abordadas as intervenções do riso, na política da verdade, a qual atravessa subjetividades ressentidas, ávidas em julgar, vigiar e punir. Interrogar a relação entre ordem médica e lei, no castigo, em defesa da sociedade é uma importante contribuição desse texto teórico, o qual faz do riso uma arma política em que a ironia e o trágico colocam em questão a justiça como juízo. A crítica à sujeição da pena como vingança face à ruptura com o pacto social é colocada em suspensão. Nesse sentido, é proposta uma linha reflexiva, ainda que provisória, de um problema que me parece essencial no pensamento de Nietzsche e Foucault: os laços entre riso e punição.

Responsabilidad social empresarial en Cuba: Una visión desde el conocimiento jurídico en pos del desarrollo local

Actualmente Cuba se encuentra inmersa en un proceso de importantes transformaciones económicas, donde el incremento del papel social de los estudios es reflejo de la necesaria vinculación entre ciencia-decisión política y sociedad. No existe hoy día un espacio donde las ciencias sociales y humanísticas, con su metodología y constructos cognitivos, no contribuya a la producción científica que tanto demanda el país. En este escenario pensar el Derecho con un enfoque CTS + I es esencial.Por otra parte, los Lineamientos de la Política Económica y Social del Partido y la Revolución aprobados en abril de 2011 declaran que la empresa estatal socialista es el eslabón fundamental de la economía, y en varios lineamientos se hace expresa alusión a la responsabilidad social de estas y al vínculo necesario entre empresa-territorio-sociedad; sin embargo, el marco regulatorio es difuso y escasos han sido los trabajos realizados desde las ciencias jurídicas en relación a la Responsabilidad Social Empresarial, lo cual nos conduce a analizar la institución desde el contexto económico y social propio del país y su vínculo con el municipio como nicho de actores relevantes para el logro del desarrollo al cual se aspira. El presente trabajo está centrado en ofrecer una serie de ideas preliminares para identificar la Responsabilidad Social Empresarial de las empresas del sector púbico cubano e impulsar su desarrollo, sobre la base del examen del conocimiento jurídico como catalizador y palanca del desarrollo local en el país.

Fashion as an Institutional System

Abstract The analysis of the relationship between fashion and institutions could represent a new approach in the theoretical analysis of fashion. This article is an attempt to show how, from an analysis of Simmel, Lotman, Volli and Legendre and a semiotic-juridical perspective, the topic of fashion can be linked to an anthropological-juridical perspective and a juridical conception of fashion as a normative institution. Juridical knowledge appears to be essential for the anthropological understanding of the phenomenon of fashion and too many studies have forgotten the contribution of the juridical sciences to the theoretical configuration of the question. From a complex historical-juridical analysis of the notion of Corpus Iuris (Kantorowicz) emerges the value of the medieval notion of corpus mysticum as a fictional body, referring to a political context that is both liturgical and ritual. The reference to this idea thus passes from the Corpus Iuris Civilis of medieval canonical law to the modern aesthetic signification (fictional and iconic) of the notion of the political body, referring to the modern state, which is still to be found on the well-known frontispiece of Hobbes’ book the Leviathan and then to the fictional and stylised bodies of the models in a fashion show. Following the theories of Legendre, the conclusion of this article suggests to reintroduce the secularised juridical and theological lexis for the aesthetic relationship between the natural body and the fictitious body, seen as a mystical and political body, considered present in the practices of dressing and twentieth-century fashion. Fashion is one of the forms through which, in mobilising desire, the human being constructs that “second body”, fictitious, represented, parallel to the real body, which is constitutive of the subjective and collective identity of a society. This body is fashioned under the ritualised and institutionalised form of the garment that hides the body, concealing its animality, which gives access to a collective fictitious reality, of which, we could add, all the products of the semiosphere, including the juridical institutions, are formed.

A hermenêutica jurídica de Gustav Radbruch

This article intends to identify the premises of the hermeneutical treatment of the science of law as proposed by the most important German legal philosopher of the 20th century, Gustav Radbruch. The relevance of the clarification of these premises involves two levels. First, from the historical standpoint, understanding the juridical hermeneutics proposed by Radbruch enables a broader comprehension of the Freirechtsschule. It is claimed here that this school was crucial to the later law theory because of its critique of the traditional methods of juridical interpretation, thus enabling the emergence of the three most important streams of 20th century law theory: objectivism, subjectivism and normativism. Second, from a philosophical perspective, the study of Radbruch’s hermeneutics enables the comprehension of how the treatment of juridical knowledge as a cultural phenomenon is possible, without defending at the same time the complete abandonment of its scientific character. The juridical hermeneutics proposed by Radbruch has the virtue of conducting a productive dialogue with the study of legal dogmatics as the modern form of law science, which is an even harder task, as the adepts of philosophical hermeneutics tend to agree. Radbruch’s main theses on the phenomenon of interpretation in law are: (a) juridical interpretation consists in the mediation of the objective meaning of a legal system; (b) mediation means the scientific treatment of law as an essence of positive and general norms for social life; (c) the objective meaning is not determined by the legislator’s intention; (d) the objective meaning presupposes the construction of a whole as a juridical institute or legal system; (e) the construction of a juridical institute or legal system is realized by means of the true juridical concepts of the categorical and teleological type; and (f) law as a whole ultimately depends of a decision made by the one who applies the law for one of the potential objective ends.Keywords: Radbruch, legal hermeneutics, free law movement, Neo-Kantianism, interpretation.

Software Implementation for Evaluating Human Resources in the Legal Department within Companies in Technical Field

Abstract The paper deals with the very particular issue of the legal departments functioning within companies working in technical fields. Besides engineering and management knowledge, these companies must bear with a strong juridical knowledge, incorporated in their activity. The authors propose a systemic perspective based on the concept of evaluation of the human resources as the foundation of development of the company. The originality of the work described here consists of the implementation of a computer program called MPSJ (Managementul Personalului din Sistemul Juridic) - Legal Personnel Management System – that can be applicable to the legal departments of the companies in order to determine the role of legal and managerial skills for continuous improving.

Was Rome still a Centre of Legal Culture between the 6th and 8th Centuries?

What happened to the tremendous legacy of juridical knowledge left behind in Italy in the 6th century? Into what labyrinth did it plunge only to re-emerge after the silent age of the early Middle Ages into the light of day, and effectively come to shape the renewal of the jurisprudence at the beginning of the 12th century? One-and-a-half centuries after the fanciful writings of Hermann Fitting, legal historians are still looking for the answers to these questions. Considering the new information we have (especially coming from the paleographical research), this paper re-examines the existence as well as the activities of the school of Rome both during the Justinian Age and in the two centuries thereafter. The aim of this essay is to verify whether Rome, during the very early Middle Ages, continued to represent a centre of juridical culture. According to the hypothesis developed in this contribution, Rome – at that time – not only played a very important role with regard to the material conservation of the Justinian’s libri legales, but also in the initial establishment of the new (i. e., Justinian) imperial law in the West and creation of its image as a significant juridical centre. The absence of such a centre as well as its wide-spread image would truly make the Bolognese renovatio appear ›miraculous‹ and very difficult to explain. After Justinian, the 7th and 8th centuries can truly be characterised as ›silent‹ in the history of Roman law in the West. However, by studying the medieval manuscript tradition, in particular, that of the Institutiones and the Novellae, we can gather together a series of elements helping us to clarify the situation. Also quite useful is an examination of the manuscript tradition of the Collatio legum Mosaicarum et Romanarum. Through the spread and use of these Late Antique works, we can see how – in conjunction with the actions of the papacy – Rome, toward the end of the 8th century, returned to being a centre of world politics and – given that law follows politics – of the legal culture. Recommended citation: Loschiavo, Luca, Was Rome still a Centre of Legal Culture between the 6th and 8th Centuries?. Chasing the Manuscripts, in: Rechtsgeschichte - Legal History Rg 23 (2015) 83-108, online: http://dx.doi.org/10.12946/rg23/083-108