Legal Connotations Research Articles

Role of ancillary investigations in medicolegal autopsy to establish the cause of death and legal implications

Sudden death in young females can have various causes and it is important to investigate the cause thoroughly. In cases with a vague history, postmortem ancillary investigation can also help to establish or rule out potential causes of death, such as underlying medical conditions or environmental factors. These investigations may include various laboratory tests, such as toxicology, histology, microbiology, and genetic analysis, as well as radiological imaging studies. This information not only helps in ascertaining the cause and manner of death but also helps in establishing the legal connotations in any medicolegal case. This is a case of a young woman allegedly 18 years brought for a medicolegal autopsy. She had been feeling unwell for a few days before her death, experiencing vomiting, weakness, and fatigue. Although no underlying disease was diagnosed, she was advised to take a pregnancy test. Fifteen days later, she died at home continuing to feel unwell. Upon autopsy, the young woman was found to be emaciated, and revealed a male fetus, of 4 to 5 months of gestational age, in her uterus. A radiological examination of bones conducted postmortem revealed that the age of woman was approximately 15 years old. Postmortem microbiology analysis revealed the presence of the bacteria Leuconostoc mesenteroides in a blood sample collected from the subclavian vein. The pathogenicity of this bacteria in the cause of death along with the role of ancillary investigation in the light of Indian criminal law and its challenges are being discussed.

The application of the precautionary principle in the decision of releasing Fukushima radioactive contaminated water into the sea

The “precautionary principle” is an important and forward-looking principle. Its advancement lies in surmount any time lag in scientific knowledge. As the importance of protecting against unknown hazards has increased, the precautionary principle has been widely accepted by international and domestic legal instruments. By examining international legal documents and judicial practices, it can be found that the legal effect and legal connotation of the precautionary principle have been constantly improved in international law. At the same time, the Precautionary principle in international judicial practice has also changed from initial hesitation and caution to acceptance, even promotion. Japan's decision to release radioactive contaminated water clearly violates the precautionary principle. However, due to normative deficiencies in the precautionary principle itself, it remains unclear which acts should be performed byobligatory parties to be regarded as fulfilling their precautionary obligation. These deficiencies may cause the precautionary principle cannot be truly implemented in international judicial practice. Despite some vagueness, it is still possible to extract the two most basic responsibilities from international judicial practice, and their legal connotations in fulfillment of the precautionary principle: first, to consult with other stakeholders and second, to stop potentially dangerous behaviors that may cause serious and irreversible damage to the environment. At a legal level, to address Japan’s decision, the precautionary principle can regulate pollution discharge in two forms: customary international law and the general principle of international law. From the perspective of people’s survival, safety, and development sustainability, it is imperative to apply the precautionary principle to this incident. The decision of the Japanese government to discharge nuclear-polluted water into the Pacific Ocean is a serious breach of international law, because it was only considered in terms of technical feasibility and not in terms of international legal implications.

Perspectives of community leaders/members on factors hindering alcohol regulation in Nigeria

Background Previous studies have examined factors impairing alcohol policy implementation in Nigeria, but none adopted a community-based approach. Given that alcohol consumption has sociocultural, economic, religious, and legal connotations, it is pertinent that a community-based study interrogates how these, and other similar factors hinder its regulation. Methods We conducted semi-structured interviews with 30 community leaders/members in Anambra State, exploring their perspectives on factors hindering the regulation of alcohol (mis)use in their communities. Data were analyzed thematically. Results Findings show complex factors affecting alcohol regulation in Anambra communities. Participants argued that alcohol consumption is symbolic and essential to their lives; therefore, regulating it is difficult. Participants further indicated that sociocultural events in many communities promote the availability of free drinks. Thus, regulating the quantities that individuals consume on such occasions is impossible. They stated that rapid urbanization and the influx of migrants, unemployment and personal business interests are among the factors affecting regulating alcohol (mis)use among adults/minors. Participants revealed they could not establish laws banning alcohol (mis)use since the government has not implemented such policies/regulations. Conclusion Findings indicate that to implement effective alcohol regulation, community leaders/members should be involved in its development because of the sociocultural roles of alcohol.

Pacta sunt servanda

Legal maxims written in Latin are a constant in European and American legal cultures, where they have great authority due to perceived antiquity and origins in Roman law. However, sometimes these maxims are actually fairly recent, neologisms that only purport to be ancient. The purpose of this article is to explore one such maxim, pacta sunt servanda, agreements have to be upheld, and the cultural, political and legal connotations and contemporary significances that the phrase has. Through the convoluted history of the maxim pacta sunt servanda, the article explores the role of tradition and history in the making and legimitizing rules.

The Early Icelandic Moral Economy According to the Major Poems of Egill Skallagrímsson

The Early Icelandic Moral Economy According to the Major Poems of Egill Skallagrímsson

Experiences of miscarriage: the voice of parents and health professionals.

The death of a child in the intrauterine stage has legal, psychological, spiritual, and health-related connotations that condition the woman's experience. To understand better the processes set in motion around early pregnancy loss, this ethnographic study explores the experiences of miscarriage in a group of 15 women. The following themes are analyzed: Experience of losing the child, spirituality, health care, and the need to physically recognize the child. The study shows that the need women have to honor the child who did not live may be conditioned by the perception of an uncertain loss and by the absence of a place to honor him/her. Attitudes among professionals are revealed that could be perceived as gender-related abuse. The care of women places emphasis on physical aspects, underlining the lack of comprehensive care during the grieving process.

Symposium

Dementias or major neurocognitive disorders (NCD) are a group of neuro-degenerative disorders characterized by progressive impairment in cognition, behavior, judgement and functioning. As the illness progresses and overall cognitive abilities deteriorate, the moderate and severe stages are often fraught with challenges of palliative and end-of-life care (ELC). ELC support encompasses multiple domains of living, including physical, medical, emotional, social and spiritual. In fact, ELC may extend to the caregivers even after the demise of the patient.ELC in dementia assumes an added importance with relation to dignified care of the individual with compromised cognitive abilities as well as protection from coercion, involuntary decisions and legal hassles. Physician-assisted death (PAD) has also emerged as a controversial yet important area in ELC. This involves several medical, social, ethical and legal connotations with no “one right path” to choose. The last few decades have noticed several legal moves in this direction globally, from the Oregon declaration to legalization of euthanasia in several European nations to passive euthanasia being supported in India. Several factors complicate ELC in dementia including do-not-resuscitate orders, ability to comprehend, communicate and execute an informed choice, contextualizing the suffering of the affected, and finally right to live (versus right to die). This is even more pertinent in the light of advance directives being implemented through the Indian Mental Healthcare Act, 2017. In a rapidly ageing country like India with a rising dementia burden, it is thus imperative to start a collaborative dialogue regarding ELC and PAD in dementia through a multi-disciplinary approach. In a rights and dignity-based mental health era, social justice in dementia care can only be achieved if ELC is based on a patient-centric approach respecting the individual’s choices and autonomy.With this background, this symposium generates an East (India) – West (UK) dialogue related to ELC in dementia management, discusses the legal provisions of PAD in the two nations, focuses on dignity-based dementia care and finally highlights the stand of the Indian Psychiatric Society (IPS) with relation to this matter.The individual sessions are as follows: 1.Dignity in dementia care: Focus on human rights and autonomy(Dr DEBANJAN BANERJEE, Consultant geriatric psychiatrist, Kolkata, India)2.End-of-life care in neurocognitive disorders: The Indian caveats(Dr Neelanjana Paul, Associate Professor & Head, Dept of Psychiatry, ICare Institute of Medical Sciences & Research, Haldia, India)3.End-of-life care in dementia management: Perspectives from the UK(Dr Sujoy Mukherjee, Consultant Old Age Psychiatrist, West London NHS Trust, U.K.)4.Physician-assisted-death and end-of-life care in dementia: The Indian Psychiatric Society (IPS) stand(Dr Gautam Saha, Director, Clinic Brain Neuropsychiatric Institute and Research Center, Kolkata & President, Indian Psychiatric Society)

Slavery, Redemption, and Manumission as Structural Metaphors in Augustine’s Theology

Across his corpus, Augustine strikingly and recurrently deploys the three cognate metaphors of slavery to sin, redemption from sin, and slavery to God. I argue that Augustine’s use of these theological metaphors is thoroughly contoured by the legal and social strictures governing slavery and freedom in the later Roman empire. To develop this argument, I pay close attention to the economic and legal connotations of some key terms in Augustine’s lexicon of salvation—like manumissio, redemptio, and libertas—and seek to tease out the social, legal, and economic logic they encapsulate. As I show, the concept of dominium underwrites Augustine’s description of the prelapsarian ordo naturalis as a chain of hierarchical relationships: between God and man, soul and body, male and female. The notion that human beings are enslaved to sin, subject to the condicio servitutis from birth, evokes the situation of laboring tenants (coloni) bound to the land through their origo. Moreover, the bishop of Hippo’s descriptions of captivity to the devil and liberation through the interpellation (interpellatio) of God the Redeemer are informed by the contemporary reality of barbarian captivity and liberales causae, so richly described in Augustine’s Letter 10*. Finally, Augustine’s characterization of Christian service in terms of a state of simultaneous freedom and servitude implicitly draws upon the legal norms governing the relationship of freed captives to their redeemers, as well as the obligations of obsequium and gratia which freedmen owed to their former masters.

Ethnic Distinctions, Legal Connotations: Chinese Patterns of Boundary Making and Crossing

This study analyzes, from a comparative and historical perspective, the clash between state statutory law and native customary law and the consequential effects of that rivalry on ethno-legal categories. It adopts a long-term perspective on Chinese society, with a particular focus on its history over the last three centuries. Although the imperial Chinese state had a centralized legal code, many non-Han subjects followed different legal standards and systems. Such conditions became the basis of legal pluralism and the structural constraint for full-fledged legal uniformity. It is argued that state-imposed ethnic categories in China have been institutionalized to determine those who should be protected, or even privileged, by their own native law. This is especially true during the alien dynasties of conquest, which purposely emphasized the principle of personal law to preserve legal prerogatives of ruling ethnicity. Similarly, indigenes on the frontier carried a variety of legal exemptions on grounds of the principle of territorial law. Such conditions could leave room for individual agency and provide incentives for both acculturated Han settlers and sinicized indigenes to claim native status. Several examples, including an 18th-century homicide case in China’s southwestern frontier, substantiate how individuals manipulated their ethnicity for their self-advantage and how these behaviors complicated the personality and territoriality principles of imperial law. In this sense, ethnic law served as an institutionalized distillation of ethnic group boundaries, which were realigned by shifts in self-identity. The legacy of China’s imperial practices of particularistic jural relations continues today.

Comparing Translation Peculiarities of Legal Texts in The Russian and Persian Languages

Translation of legal texts requires special attention and great accuracy. In legal texts words have legal connotations and legal consequences, which enable either to protect the interests of legal entities and individuals, or, on the contrary, violate their rights. Inappropriate translations of legal texts cause misunderstanding and vagueness, which is unacceptable in this type of texts. The compendium of legal texts in Iran is based on general legal law and jurisprudential principles. The lack of bilingual legal RussianPersian and Persian-Russian dictionaries enhances the translation problems in this field. This fact suggests that due attention has not been paid to such an important issue in the field of linguistics. The current criterion used in the translation of legal documents is the objective interpretation of the text. The identification of the problem can help solve it. The subject of this article was the legal content focused on legal family and financial texts. The purpose of our research is to reveal the difficulties translators of legal texts in these languages face, to study the best examples of translation accumulated by far and to help translators of legal texts by integrating translators’ experiences and publishing comparative works that reveal cultural and semantic connotations in two languages.

Unmasking the Legal Connotations of a Coastal State under the International Maritime Law Regime – Nigeria in Perspective

Unmasking the Legal Connotations of a Coastal State under the International Maritime Law Regime – Nigeria in Perspective

U-14 Right of Defense: A Comparative Study of Islamic Law and Western Law

Haqq-e-Difa—Right of defense has been equally discussed in Islamic and contemporary western laws as a deserving right or to some extent an obligation on the part of a person to defend himself or his property or his chastity against any sort of offence. Both the aforesaid unanimously legitimate the defendant to exercise any mean or force to repel and turn back the offender. They argue that the defendant will bear no criminal responsibility if his defending measurements lead to grave and sever injuries or even to the assassination of the offender.
 The word Haqq-e-Difa is rarely found with the early Muslim Jurists. On contrary, they use the word “Dam-al-sail” which means the legitimation of the bloodshed of the offender. Later on the word “Haqq-e-difa” came into use as a synonym of “Dam-al-sail” in juristic and legal connotations.

EN DEFENSA DE LOS PRINCIPIOS DE DERECHO NATURAL

Abstract: This article aims to defend the principles of Natural Law (legal connotations of natural law) using dialectics (and rhetoric). First, different contemporary currents (constructivist and neo-constitutionalist) are approached distinguishing between principles and rules or norms. As for these “principles”, there are different problems to justify them rationally, being in many cases mere postulates that are proclaimed to justify the entire structure of later action. Finally, we deal with the principles of Natural Law immediately grasped (by abstractive induction) of reality, by reason of their evidence (the predicate is contained in the subject) by practical moral reason ( first ratio ), founded on human nature, in the very human essence as the principle of its operations, known by the metaphysical speculative reason ( last ratio ).

The Improvement of Environment in Huaihe River Basin-a Perspective of Ecological Compensation

The article explores the approaches to improve the urban environment in Huaihe River basin from the perspective of the ecological compensation system. First, it expounds the origin of “ecological compensation” in ecology and economics and then discusses its legal connotations and reviews the courses of national ecological compensation legislation. Second, the article illustrates the necessity of ecological compensation legislation in Huaihe River basin from revealing the current status of its urban environment and the legislative process. Finally, the article proposes three interrelated macro approaches to improve urban environment in Huaihe River basin: decentralization of government administration, participation of public and private enterprises and involvement of social communities.

A new interpretation of the common heritage of mankind in the context of the international law of the sea

After Arvid Pardo recommended that the seabed and subsoil beyond national jurisdiction should be regarded as Common Heritage of Mankind (hereinafter CHM), put forward the proposal of an international seabed system, the principle of CHM was perceived as the foundation of a specific marine legal regime. Later, the principle of CHM was stipulated, both in the General Assembly Resolution 2749 (XXV) and UNCLOS. However, there is no clear definition of its legal connotations. This paper analyzes the legal connotation of CHM by reviewing relevant international legal documents. In the context of the international law of the sea, the legal connotations of CHM are as follows: the subject of CHM is the aggregation of all States. Marine resources, which are seen as CHM, have the characteristics of extraterritoriality, sharing and legality. There are four main elements of CHM based on content elements considered: Firstly, no State shall claim or exercise sovereignty or sovereign rights over marine resources, which are seen as CHM, nor shall any State or natural or juridical person appropriate any part thereof. Secondly, it must be used for the benefit of all mankind, taking into account the interests and needs of developing States in particular. Thirdly, it must be used exclusively for peaceful purposes. Fourthly, take into account the protection of the marine environment and the sustainable use of marine resources. With the modification and refinement of the Area system, the connotations of CHM have been evolving. The principle of CHM can provide theoretical basis for some marine management approaches which is of significance for current and future international law-making and can lay the foundation for new regimes of international law of the sea in the future.

Grounds for Lawful Processing of Personal Data in GDPR and Personal Data Protection Bill 2018, India (PDPB): Section – IV: Vital Interests.

In order to protect individuals’ right to informational-privacy or their personal data, The European Parliament adopted a robust, detailed and updated piece of law namely 'General Data Protection Regulation' (‘GDPR’), which applies to all the individuals and organizations in all EU Member states and has extra territorial application as well i.e. beyond the territorial boundaries of EU. It has set a new global gold standard for all the countries in the world regarding data protection as it puts the interests and rights of online consumers/uses in the epicenter and ask/obligates companies and agencies to respect them. Taking GDPR as a global standard, many other countries (such as Australia & Japan) have enacted or are under the process of enacting specific and special data protection laws. Not lagging behind, India is also under the process of formulating an all-inclusive and special Data Privacy law. In August 2017, the Indian Government constituted an expert committee to review data protection norms in India and make recommendations . The Committee submitted its final report (‘the Report’) along with a draft law, ‘The personal data Protection Bill, 2018’ (‘the PDPB’) in July 2018. Although the expert committee, while drafting the PDPB, appears to have more or less followed the lines and the standards which GDPR has streaked. Nevertheless, a lot of material aberrations and significant additions/deletions have been incorporated into the Bill, especially qua different terminologies, grounds of processing, and ‘rights of data subjects’ etc., which needs to be studied and explored in depth. However, the purpose of this paper (divided into sub-sections) is not to make a general overall comparison of GDPR and PDPB, but is specifically limited to compare, identify and analyze the differences in the available ‘grounds for processing of personal data’ in these two pieces of legislations. Both of the regulations under review prescribe that processing can only be said to be lawful, if it is based upon one or more of the legal grounds available in the respective regulations. These grounds are also general in nature and not specific for any particular kind of business sectors. Although some of the grounds (not all), as mentioned in both of the legislations, appears to be somewhat similar, but nevertheless, their scope of applicability or legal connotations and requirements could be entirely different. In the following sections, the focus would be to identify, discuss and analyze the material differences between the prescribed legal grounds for processing in both of the legislations. The First, Second, Third, Fourth and Fifth section of this paper dealt with the first, second, third, fourth and fifth ground of the processing of Personal Data (i.e. Consent, Performance of Contract, Legal Obligation, Vital Interests and Public Interests & Exercise of Official Authority.) and now, the present and Sixth section of the paper would deal with the next ground of processing for personal data (i.e. Legitimate Interests).

Grounds for Lawful Processing of Personal Data in GDPR and Personal Data Protection Bill 2018, India (PDPB): Section – VII: Employment Purposes

In order to protect individuals’ right to informational-privacy or their personal data, The European Parliament adopted a robust, detailed and updated piece of law namely 'General Data Protection Regulation' (‘GDPR’), which applies to all the individuals and organizations in all EU Member states and has extra territorial application as well i.e. beyond the territorial boundaries of EU. It has set a new global gold standard for all the countries in the world regarding data protection as it puts the interests and rights of online consumers/uses in the epicenter and ask/obligates companies and agencies to respect them. Taking GDPR as a global standard, many other countries (such as Australia & Japan) have enacted or are under the process of enacting specific and special data protection laws. Not lagging behind, India is also under the process of formulating an all-inclusive and special Data Privacy law. In August 2017, the Indian Government constituted an expert committee to review data protection norms in India and make recommendations . The Committee submitted its final report (‘the Report’) along with a draft law, ‘The personal data Protection Bill, 2018’ (‘the PDPB’) in July 2018. Although the expert committee, while drafting the PDPB, appears to have more or less followed the lines and the standards which GDPR has streaked. Nevertheless, a lot of material aberrations and significant additions/deletions have been incorporated into the Bill, especially qua different terminologies, grounds of processing, and ‘rights of data subjects’ etc., which needs to be studied and explored in depth. However, the purpose of this paper (divided into sub-sections) is not to make a general overall comparison of GDPR and PDPB, but is specifically limited to compare, identify and analyze the differences in the available ‘grounds for processing of personal data’ in these two pieces of legislations. Both of the regulations under review prescribe that processing can only be said to be lawful, if it is based upon one or more of the legal grounds available in the respective regulations. These grounds are also general in nature and not specific for any particular kind of business sectors. Although some of the grounds (not all), as mentioned in both of the legislations, appears to be somewhat similar, but nevertheless, their scope of applicability or legal connotations and requirements could be entirely different. In the following sections, the focus would be to identify, discuss and analyze the material differences between the prescribed legal grounds for processing in both of the legislations. The First, Second, Third, Fourth, Fifth and Sixth Section of this paper dealt with the first, second, third, fourth, fifth and sixth ground of the processing of Personal Data (i.e. Consent, Performance of Contract, Legal Obligation, Vital Interests, Public Interests & Exercise of Official Authority and Legitimate Interests) and now, the present and seventh section of the paper would deal with the next ground of processing for personal data (i.e. Employment Purposes).

Grounds for Lawful Processing of Personal Data in GDPR and Personal Data Protection Bill 2018, India (PDPB): Section – III: Performance of Contract.

In order to protect individuals’ right to informational-privacy or their personal data, The European Parliament adopted a robust, detailed and updated piece of law namely 'General Data Protection Regulation' (‘GDPR’), which applies to all the individuals and organizations in all EU Member states and has extra territorial application as well i.e. beyond the territorial boundaries of EU. It has set a new global gold standard for all the countries in the world regarding data protection as it puts the interests and rights of online consumers/uses in the epicenter and ask/obligates companies and agencies to respect them. Taking GDPR as a global standard, many other countries (such as Australia & Japan) have enacted or are under the process of enacting specific and special data protection laws. Not lagging behind, India is also under the process of formulating an all-inclusive and special Data Privacy law. In August 2017, the Indian Government constituted an expert committee to review data protection norms in India and make recommendations . The Committee submitted its final report (‘the Report’) along with a draft law, ‘The personal data Protection Bill, 2018’ (‘the PDPB’) in July 2018. Although the expert committee, while drafting the PDPB, appears to have more or less followed the lines and the standards which GDPR has streaked. Nevertheless, a lot of material aberrations and significant additions/deletions have been incorporated into the Bill, especially qua different terminologies, grounds of processing, and ‘rights of data subjects’ etc., which needs to be studied and explored in depth. However, the purpose of this paper (divided into sub-sections) is not to make a general overall comparison of GDPR and PDPB, but is specifically limited to compare, identify and analyze the differences in the available ‘grounds for processing of personal data’ in these two pieces of legislations. Both of the regulations under review prescribe that processing can only be said to be lawful, if it is based upon one or more of the legal grounds available in the respective regulations. These grounds are also general in nature and not specific for any particular kind of business sectors. Although some of the grounds (not all), as mentioned in both of the legislations, appears to be somewhat similar, but nevertheless, their scope of applicability or legal connotations and requirements could be entirely different. In the following sections, the focus would be to identify, discuss and analyze the material differences between the prescribed legal grounds for processing in both of the legislations. The First section of this paper dealt with the first ground of the processing of Personal Data (i.e. Consent) but the present and the second section of the paper would deal with the next ground of processing for personal data (i.e. Performance of Contract).

Legal aspects of pharmaceutical E-commerce development against the " Internet+ " scenario

With the steady progress of the rule of law for Internet in China, Internet+ medicine is drawing greater attention and legislative demand.The enactment of E-commerce Law in early 2019 has provided rich legal connotations of Internet+ commerce scenario, clarifying its legal subject scope and legal service scope.The authors analyzed the legal system of medical E-commerce, and the legal obligations of medical E-commerce.From the following four aspects of legitimate business conduct, consumer rights protection, platform responsibility and intellectual property protection, the authors held that the current legal regulation of medical E-commerce is plagued by major setbacks as follows.These setbacks include incomplete legislation, low legal ranking, ambiguous subject definition and legal guidance, as well as lack of behavior regulation and unclear legal obligations.In this regard, the state is recommended to advocate the enactment of the Pharmaceutical E-commerce Law, speed up the revision of a series of laws and regulations, and improve the supporting service policies as a whole, so as to strengthen the rule of law regulation of future pharmaceutical E-commerce. Key words: Law; Rule of law system; Internet+ ; E-commerce law; Pharmaceutical E-commerce

<em>Kurios, Kuria</em> and the Status of Athenian Women

A term that has not been studied for the question of Athenian female citizenship is the adjective kurios. Rather than focus on the substantivized and technical use of the term as a female's guardian, this article explores the wider applications of the word kurios, particularly as an expression of power over property, the continuation of the oikos, and its connotations for citizenship. Women are in fact called kuriai over property in forensic speeches (D. 27.53, D. 45.74, [D.] 50.60, Is. 10.23, Is. 6.30). Examining these passages, I argue that women's power over property has legal connotations and is further proof of a female citizenship that shared facets with male citizenship.