Foundations Of Law Research Articles

Феномен права и дегуманизационные факторы современности

integrity formed over a long period of time under the influence of ethical and humanistic attitudes, as well as political, economic and general cultural processes. In assessing the most important substantive foundations of law, the authors focus on the necessity to analyze the transformational processes of legal norms in relation to the human being. Comparing the ontological, socio-cultural foundations of the phenomena of “law” and “dehumanization”, a number of common and distinctive features are identified. Both of these phenomena have a “meaningful focus” on man and are simultaneously the result of his activity. However, if law is a way of constitutionalizing public relations in order to regulate them, then dehumanization is characterized as an element of destructiveness, destabilization of the world. It is assumed that the topics of law, humanism and dehumanization are relevant, as they are the most important worldview guidelines for both the individual and society as a whole.

Structural inequality and the protectorate of discrimination law

This article asks whether discrimination law should be symmetrical: whether it should offer the same level of protection to dominant and dominated groups. It articulates a structural inequality theory of the moral foundations of discrimination law and defends it against prominent alternatives, such as the view that discrimination is wrong because it is irrational or disrespectful. The paper then argues that while direct discrimination is symmetrical, indirect discrimination is asymmetrical. It cannot be claimed by those – men, or white persons – who are not at the sharp end of structural inequality. Furthermore, even dominated groups cannot claim to be indirectly discriminated against by just any law that has a disparate impact on them. If the structural inequality view is correct, the protectorate of discrimination law is not as extensive as is commonly assumed.

A Study on the Influence of Hydraulic Compactor Reinforcement on the Force Law of an Independent Foundation Under a Column and Its Safety Standard

Due to the complexity of the actual geotechnical environment, the backfill compaction design theory and calculation method are not reflected in the current specification. Therefore, in order to investigate the effect of the hydraulic compactor on the foundation structure during the treatment of the backfill of an independent foundation under a column, the Menard formula was modified. At the same time, relying on an independent foundation project under a column in Jinan, the dynamic model of compactor tamping backfilling soil was established. The applicability of the calculation formula is verified by simulating the single-point multiple tamping on the backfill directly above the foundation tie beam, and the influence law of two factors, the thickness of the backfill and the tamping energy, on the force of the foundation tie beam is elucidated. The results show that after reaching the optimum number of tamping, the cumulative soil settlement and the effective reinforcement depth of tamping show a stable trend, and their simulation results are in good agreement with the analytical solution, which provides a supplement to the relevant safety standards. At this critical point, the force on the tie beams peaked and showed up and down fluctuations under the subsequent ramming action. The tamping action of the compactor has a significant effect on the structural forces within the effective reinforcement range, and there is a negative correlation between the magnitude of the structural forces and the thickness of the backfill. According to the numerical calculation results to choose the best construction programme, the on-site monitoring shows that under 42 KJ tamping energy and 1.5 m single backfilling thickness, the tie beam reinforcement stress reaches 18.5~55.5% of the specification warning value, which meets the safety standard. The research results of this paper can provide important guidance for the hydraulic tamping treatment of an independent foundation backfill project.

Sims v Commonwealth: The Ultimate Foundation of Australian Law and the Recovery of Ultra Vires Payments by the Commonwealth Executive

The application of a statutory limitation period to the recovery of mistaken payments by the Commonwealth to a former naval serviceman is not a place one would expect to locate the practical influence of jurisprudence. Yet it emerges in Sims v Commonwealth. The issue concerns the accurate identification of the ultimate foundation of Australian law. It is contended that the foundation is materialised by the interaction between the Australian Constitution and the common law: the Constitution is incomplete without common law doctrines. Therefore, there must be limits to the extent to which legislatures can abolish or amend the operation of common law rules in order to safeguard the constitutional allocation of powers. This necessarily includes limitation of action provisions. The contention is derived from recent High Court authority which was apparently not cited on appeal in Sims. A limitation period must be sourced elsewhere in the interaction between the Constitution and the unified common law of Australia.

The Law of Nations in the Diplomacy of the American Revolution

Abstract Historians have long known that leaders of the American Revolution looked to the law of nations for insight into the rights and obligations of independent states. In so doing, Americans relied largely on the writings of European legal theorists, such as Hugo Grotius and Emerich de Vattel, whose treatises on the law of nations are regarded today as having laid the foundations of international law. As this article demonstrates, however, early modern statesmen did not base their conduct on such treatises, but on a customary law of nations that they derived from precedent and the text of earlier treaties. This article elucidates the distinction between the customary and theoretical branches of the law of nations. It then goes on to examine the law of nations’ impact on revolutionary-era diplomacy, drawing particular attention to a series of wartime negotiations over rights to the Mississippi River. As the article shows, most American emissaries lacked experience with the customary laws of diplomacy and struggled to use that law effectively in their negotiations. The most serious consequences were averted due in part to French legal advice, and because one American, John Jay, acquired enough competence in customary law to guide his colleagues toward an effective negotiation of peace.

Unilateral acts of states in the international legal system

The article examines unilateral acts of states in the international legal system based on a complex systemic analysis. The methodological basis was the dialectical method, which made it possible to understand the essence of international legal obligations of states in inseparable unity and general connection. The relevance of the study is determined by the trends inherent in modern international law. First, with the development of information technologies, and especially with the development of forms of information transmission, the sphere of activity of states is transformed. An increasing number of interested persons knows their positions on a wide range of international legal issues. On the one hand, it simplifies the process of identifying the state’s position when its analysis is necessary for international legal qualification. On the other hand, in such a situation, the possibilities for interpreting the behavior of a specific state from the point of view of its agreement or disagreement with a certain legal situation expand. In the practice of international relations, there is an expansion of the system of sources of international law. The study of these sources is necessary for understanding the foundations of international law, solving specific international problems and increasing the effectiveness of international cooperation. As the practice of international jurisdictional bodies accumulated, the subject of study of which was unilateral acts of states, the research emphasis shifted from establishing the essence of unilateral acts to assessing their relationship with the sources of international law. It is noted that unilateral acts play an important independent role in the modern international system, which is characterized by both fragmentation and growing globalization. Modern means of communication have made it possible to make unilateral acts one of the most frequently used tools of state interaction. The appropriateness and necessity of the development of the legal regime of unilateral acts is emphasized and substantiated. Unilateral acts of states are recognized as independent additional sources of international law capable of generating international legal norms, and they can be found in the «sources» section of many leading international legal documents.

On the question of administrative-delicit law of Ukraine

The article notes that the active development of social relations affected the renewal of the doctrinal foundations of Ukrainian administrative law, as a result of which there are constant discussions in the modern science of administrative law of Ukraine, including those directly related to administrative-legal relations. And therefore, the prospects of administrative and legal science, as well as the fields of administrative law, are connected with modern tasks that science sets before itself in accordance with social requirements, which must be solved, including through the application of measures. It is emphasized that administrative law regulates a significant number of different social relations, among which a special place is occupied by administrative-delict relations, which cover a variety of relations that are subject to the norms of administrative law, which is currently in the stage of systemic reform and is mostly connected with relations to ensure implementation of human and citizen rights and freedoms, consideration of administrative disputes, application of measures of administrative responsibility, bringing to disciplinary responsibility persons of public law. Attention is drawn to the attempts to reform the administrative-tort legislation, since the codified act of the administrative-tort legislation adopted in Soviet times does not meet the realities and requirements of today. Therefore, the issue of updating the administrative-delict legislation occupies a prominent place in the scientific developments of domestic legal scientists. Existing scientific discussions on the separation of administrative-tort law into an independent branch of law exist to this day, but we must state that administrative-tort law, despite its own specificity, a significant number of various functions (regulatory, binding, permitting, protective, educational etc.), is a sub-branch of administrative law, which has a special subject of legal regulation, which is a set of legal norms that regulate relations arising from the doctrine of administrative tort. It is emphasized that the formation of modern administrative-delict law involves interaction with the institutions of administrative responsibility provided for by the sectoral norms of laws, which may include the procedure of bringing a person to administrative responsibility, completely different from that regulated by the Code of Administrative Offenses, which requires new theoretical views on the establishment of a system of administrative penalties.

Обратное влияние учебника советского государственного права 1938 г. Часть 1

The article shows the absence of grounds to confirm the thesis on the influence of the textbook of Soviet state law of 1938, manifested in the continuity of its key provisions by the science of Soviet state law and subsequent textbooks of Soviet state law. One can only speak of the opposite influence. The first part of the article shows the specifics of the content and style of the introduction — the first chapter of the textbook of Soviet state law of 1938. Further, based on the study of more than 20 textbooks and teaching aids on Soviet state law, a conclusion is made that the concept of the introduction of the textbook of Soviet state law of 1938 was revised. A departure from the concept of the introduction of the textbook of Soviet state law of 1938 is already demonstrated by the textbook of the same name of 1948, which formulated the traditional concept of a relatively compact, strictly disciplinary, theoretical beginning of the textbook of Soviet state law. Subsequent textbooks and teaching aids on Soviet state law enriched the theoretical and methodological foundations of Soviet state law, and began with the disclosure of the subject, sources, and system of Soviet state law.

Harmonising liability: exploring carrier responsibilities in transportation contracts and their application to autonomous vehicle services under the UAE Law

ABSTRACT This article introduces the challenges presented in establishing governance of autonomous vehicles, dealing with questions of liability, where domestic law needs to cohere with international transport conventions, Islamic jurisprudence, Supreme Court jurisprudence, and technical safety standards. The primary objective of the article is to assess the applicability of established legal norms governing carrier liability in traditional road transport contracts in the United Arab Emirates. These legal tenets, rooted in Islamic jurisprudence and drawn from historical sources such as the ‘Al-Ahkam Al-Adliya Journal,’ constitute the foundation of civil law in numerous Arab countries, including the Arab Gulf States, Egypt, Jordan, Syria, and others. Melding legal and technical perspectives, this study provides legal insights for judges, arbitrators, and legal practitioners, and offers solutions to the liability challenges that may arise when autonomous vehicles begin operating on UAE streets or any other Arab country.

Legal review of the constitutional court decision number 135/PUU-XIII/2015 on the voting rights of people with mental disorders (ODGJ) reviewed from the foundation of positive law

People's participation as citizens in the implementation of government is the main requirement in filling positions. To be able to take part in elections, people must comply with the provisions that have been ratified by law. The KPU "General Election Commission" as the organizer of the democratic party gives the right to vote in elections to People with Mental Disorders (ODGJ). ODGJ are allowed to take part in the 2024 elections as stated in the decision of the MK "Constitutional Court". The aim of this research is to examine juridically "the decision of the Constitutional Court Number 135/PUU-XIII/2015 concerning the voting rights of People with Mental Disorders or ODGJ and the impact that may arise from the participation of ODGJ in taking part in the election". The author chose a normative juridical approach (Legislative Approach). The research carried out by the author used a normative juridical approach (Legislation Approach). The data used in this research uses secondary data, namely data or input sourced from literature and statutory regulations. For this type of research, the author applies qualitative descriptive research. Based on research results, the ruling "Constitutional Court Decision Number 135/PUU-XII/2015" states that people suffering from mental disorders can vote only if they do not experience permanent mental disorders that have prevented them from voting in general elections, according to mental health experts.. Based on this, there is disharmony between the decision of the constitutional court and positive law in Indonesia. Apart from that, the possible impact of ODGJ's participation in the election is the emergence of various frauds in the democratic party process.

The Need for Historical Fluency in Pandemic Law and Policy.

The primary claim of this essay is that historical fluency is required for effective work in crafting legal and policy interventions as a part of public health emergency preparedness and response (PHEPR). At a broad level, public health law is explicitly recognized as a key systems-level component of PHEPR practice.1 This essay therefore focuses on the extent to which historical fluency is necessary or at least useful to all aspects of PHEPR that draw on or deploy legal and policy mechanisms (e.g., design, planning, implementation, dissemination, monitoring and evaluation, etc.). The essay collectively refers to these legal and policy mechanisms as epidemic law and policy response (ELAPR). Part I explains the concept of historical fluency. Part II explores the foundations of public health law both as a way of highlighting key structural features of ELAPR and in supporting the claim that historical fluency is critical for ELAPR. Part III applies the previous arguments to a specific case study to highlight the promise and power of historical fluency - the outbreak of bubonic plague in San Francisco in 1900. Tracking this essay's pragmatic focus, part IV offers several recommendations for how specifically historical fluency in public health law and ethics can be operationalized in PHEPR practice and policy. Part V summarizes and concludes.

Analysis of Green Intellectual Property Issues and Countermeasures from the Perspective of International Law

As an advanced form of productivity driven by green technological innovation, there exists a natural fit and close connection between new quality productivity and green intellectual property rights. Legal protection is the cornerstone of the development of new productivity, in which the comprehensive protection of intellectual property rights is particularly crucial: green intellectual property rights, as a key force to adhere to sustainable development and promote scientific and technological progress and economic growth, has a central role to play in incentivizing environmental protection as the core of independent innovation, thus becoming an indispensable institutional guarantee for the development of new productivity. This institutional guarantee ensures the legitimate rights and interests of innovation achievements, and is a powerful driving force and a long-term solution for the continuous progress of productive forces. At present, the field of intellectual property cooperation is encountering diversified challenges and problems: the unilateralization caused by some developed countries, the rigidity of international rules on intellectual property, the stagnation behind the digital age, and the imbalance in the distribution of existing international benefits of intellectual property, which should be paid close attention to. In order to effectively promote green technological innovation and escort the green intellectual property protection system to a stable and far-reaching future, countries and enterprises should face the current challenges rationally, correctly understand the differences and conflicts between green intellectual property rights and ordinary intellectual property rights, gain a deeper understanding of the existing relevant international law foundations, and promptly solve the green intellectual property rights issues, improve the relevant international conventions and treaties, strengthen the coordination and cooperation of international organizations, and establish a fair and reasonable green technology patent protection mechanism. fair and reasonable patent protection mechanism for green technology. Only when countries join hands to improve the green intellectual property protection mechanism, jointly combat transnational infringement and maintain a fair market competition environment can the legitimate rights and interests of innovators be safeguarded.

Pertanggungjawaban Pidana Pengurus Yayasan dalam Penggelapan Kekayaan Yayasan Pendidikan

This study aims to describe the Criminal Liability of Foundation Administrators in Misuse of Educational Foundation Assets. The method used in this study is normative juridical, namely research with data sources based on Laws, decisions, and other legal materials related to this scientific work with a Criminal Law perspective. Criminal acts of embezzlement in office without us realizing have occurred a lot and are difficult to identify because the perpetrators are still in the same scope as the institution, organization or company. The results of this study indicate that the defendant can be sentenced by the judge under Article 364 of the Criminal Code in conjunction with Article 64 of the Criminal Code so that the defendant is sentenced to 1 year in prison and is required to return the proceeds of the crime. In fact, Indonesia has special regulations governing Foundations along with criminal penalties for those who violate the legal provisions in Law No. of 2004 concerning amendments to Law No. of 2001 concerning Foundations. This is because there are certain criteria, namely the perpetrator as a core organ of the Foundation (Supervisor, Manager, Supervisor) so that someone who violates the provisions can be subject to articles in accordance with the Foundation Law. Keywords: Criminal Act, Embezzlement, Educational Foundation

Theoretical Foundations of Criminal Law's Graded Protection for Data Security in China

Theoretical Foundations of Criminal Law's Graded Protection for Data Security in China

“Digital Personal Data Protection Act”—A Strudel Served Raw!

The good news is that personal data privacy law has become a reality in India. The bad news is 95% of the public is ignorant of the same, 3% do not know what it entails and the rest 2% are voraciously engaged in an intellectual feud. Privacy as a concomitant of natural or inalienable rights has been recognized in the western hemisphere since the 18th century. In India, the legislative history of the doctrine can be traced to the trilogy of cases during the 1950’s. It was only post 1978, that the apex court of the country passed a slew of judgements recognizing the right to privacy as an essential part of the right to “protection of life and personal liberty” embodied under the Indian Constitution and thereby bestowing the fundamental right status. On August 24, 2017, a nine-judge Constitution bench of the Supreme Court of India (Puttaswamy judgment) re-wrote history as it not only recognized and reconfirmed the fundamental right status of “ right to privacy” but also laid the foundation of data protection law in the country. August 11, 2023, marks a historic date in the legislative annals of digital India, as the country enacted the Digital Personal Data Protection Act, 2023 (“DPDP Act” or “Act”) after more than half a decade of deliberations. At a time when technology has become the defining paradigm of every business, the DPDP Act seeks to lay the foundation for developing a strong data privacy regime in the country. The Act in its new avatar is quite different from its predecessors proposed earlier. Ironically, the regulations themselves have set ajar a host of challenges, issues and steeplechases, which can barely be fathomed at this moment. In addition, the DPDP Act is yet to be notified or implemented by the Central Government. The key question this paper discusses is whether this seemingly endless period of deliberations culminated into a robust and comprehensive law or is it simply a Strudel served raw! To answer this question, the paper first charts the history of the concept with a chronological approach on a global platform. The second part of the paper charts the pre-DPDP era in India. The third part recapitulates the DPDP Act (in the present form) in a nutshell, while the fourth part dissects the DPDP Act highlighting certain potentially problematic features of this law. Lastly, the paper will examine what can be done to influence the development of a robust and sustainable data protection regime in the country in the years to come. Keywords: Data Privacy, DPDP Act, Indian Privacy Law, Origin of Privacy Laws

Legal Foundations of Corporate Law in The Republic of Uzbekistan

Legal Foundations of Corporate Law in The Republic of Uzbekistan

The End of Chevron Deference and its Impact on the Energy Industry

As is currently well known, on June 28 the U.S. Supreme Court overturned the Chevron Deference, a key foundation of modern administrative law for 40 years. The case, Loper Bright Enterprises v. Raimondo (Loper Bright), had nothing to do with energy, but the impact of the decision has significant implications in the energy arena. The order follows a steady drumbeat of U.S. Supreme Court decisions issued during this term and in recent prior ones curbing the regulatory enforcement capabilities of Executive Branch agencies. But while this is a landmark case and would be expected to lead to a host of new legal challenges to agency rules and actions, its practical effect might result in being more nuanced, maybe with some wholly unexpected consequences.

Constructing African Union Law and Rethinking Supranationalism in African Integration: What Lessons from the European Union?

Abstract This Article examines the development and scope of African Union (AU) law and its role as a facilitator of and contributor to regional integration in Africa. The Article addresses several interlinked questions relating, but not limited, to the sources and foundations of AU law, the role of AU policy organs in the making of AU law, the extent to which EU law presents a comparative framework or useful precedent for analysing and understanding AU law, and the role of supranationalism in the economic and political integration of its member states and in the development of AU law. The Article argues that it is necessary to amend the AU Constitutive Act and other relevant AU legal instruments to enhance the supranational authority and legislative powers of the AU. It concludes that AU supranationalism needs to be rethought, but it need not uncritically mimic the EU’s approach to supranationalism in every respect.

Predictor-corrector reentry guidance for hypersonic glide vehicles based on high-precision analytical solutions

To address the challenge of improving downrange prediction accuracy while reducing unnecessary bank reversals, we propose a predictor-corrector guidance method based on high-precision analytical solutions. First, precise analytical solutions for downrange and crossrange are derived to establish the foundation for the guidance law, and we use a neural network model for accurate flight-path angle prediction. Next, we compensate for Earth's rotation effects in the downrange prediction by employing the Taylor expansion. Aiming to eliminate phugoid oscillations, we add the flight-path angle feedback into the command of the bank angle and angle of attack. Subsequently, a lateral guidance law that combines the heading angle error corridor with predicting bank reversals is introduced. The sign of the bank angle is determined by the corridor during the initial flight phase. Following the vehicle travels a specified downrange distance, we use the crossrange analytical solution to regulate subsequent bank reversals. Simulations under disturbance conditions demonstrate that the proposed guidance method has high accuracy and strong robustness, effectively meeting various constraints.

The constitutional principles of the state’s political system as determining the foundations of electoral law

The constitutional principles of the state’s political system as determining the foundations of electoral law