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- New
- Research Article
- 10.59403/2djee0r
- Dec 4, 2025
- Bulletin for International Taxation
- Rita Szudoczky + 1 more
The EU Carbon Border Adjustment Mechanism (CBAM) is a focal point in ongoing legal and policy discussions. This article examines whether the CBAM is an environmental or fiscal measure, assessing its legal basis under articles 192(1) and 192(2) of the Treaty on the Functioning of the European Union, its policy objectives, design and implications for EU competence and transatlantic trade.
- New
- Research Article
- 10.14746/fpp.2025.30.10
- Nov 24, 2025
- Folia Praehistorica Posnaniensia
- Rafał Zapłata
The article discusses the issue of social perception of cultural goods, material heritage, monuments, artefacts, and related categories, in comparison with scientific, conservation, and legal discourse. The aim of the text is to highlight the multifaceted problem of ill-defined terms and, at the same time, the social understanding of so-called “old objects,” while outlining proposals and recommendations for the future. The article serves as an introduction to the subject and, at the same time, contributes to a broader discussion concerning the ambiguity of many terms related to cultural heritage and the lack of a single, universally accepted interpretation of the concept of a monument/heritage site. The problem under discussion should be linked to various disciplines, as well as to approaches such as “studies of things”, heritology, or “new materialism” which propose new ways of approaching old objects and new methods of defining cultural artefacts. The text focuses on products of material culture, mainly from the 20th and 21st centuries – i.e. contemporary artefacts, ethnographic artefacts, cultural artefacts, etc. – thus on objects of the recent past as well as contemporary ones, situated at the intersection of science, heritage protection systems, and society, which is increasingly engaged in cultural heritage.
- New
- Research Article
- 10.1177/20436106251370381
- Nov 24, 2025
- Global Studies of Childhood
- Mariana Souto-Manning + 1 more
Dominant narratives often present childhood as a universal, idealized stage of innocence and dependence. However, these narratives obscure the ways in which childhood is differentially constructed and distributed across race, class, migration status, and geography. This article interrogates the structural, historical, and legal frameworks that shape childhood, revealing how policies and institutions differentially extend protection and privilege to some children while criminalizing and excluding others. Drawing from Critical Childhood Studies, Postcolonial Theory, and the Politics of Belonging and Bordering, we examine how childhood is racialized, bordered, and surveilled—particularly for Black, Indigenous, and migrant children. Using Critical Narrative Analysis, we analyze how legal, educational, and policy discourses sustain exclusionary constructions of childhood that render certain children as being unworthy of care, innocence, or opportunity. Findings highlight the racialized adultification of Black children, the hyper-surveillance of Indigenous youth, and the weaponization of immigration policies that deny migrant children the right to childhood itself. These disparities expose how childhood is neither neutral nor universal but an active site of contestation, where power structures determine who counts as a child and who does not. In response, this article calls for a radical reimagining of childhood that moves beyond rigid, Eurocentric developmental models toward more just, inclusive, and culturally affirming understandings. We advocate for restorative justice approaches in education, decolonized frameworks for early childhood policies, and a rejection of punitive legal structures that police childhood. By centering diverse epistemologies and community-based care, we aim to disrupt exclusionary paradigms and envision a world where every child is truly recognized, valued, and supported.
- New
- Research Article
- 10.24144/2307-3322.2025.91.5.37
- Nov 22, 2025
- Uzhhorod National University Herald. Series: Law
- A S Prots
The article is devoted to a comprehensive and thorough theoretical analysis of the moral foundations of human rights within the framework of the Orthodox tradition. It examines in detail the decisive and profound interrelation between law, morality, and Orthodox teaching, considered in the context of substantiating and developing the modern concept of human rights. It emphasizes that in democratic societies, law rests on strong moral principles that have been shaped over a long historical period under the significant influence of religious traditions, particularly Orthodoxy. The contribution of prominent figures in classical legal thought is analyzed, including Immanuel Kant, John Locke, and Georg Wilhelm Friedrich Hegel. Their works reveal the idea of law as a moral phenomenon intrinsically linked to the value orientations of society. The article separately considers the nature of Orthodox morality, which is based on the doctrine of the image of God in man and combines the principles of conciliarity, the idea of deification (theosis), and a profound ethic of love for one’s neighbor. It is argued that Orthodox principles of human dignity, free will, and social justice constitute an important source of the moral foundations of human rights. The article also demonstrates that the Christian Orthodox concept of personality serves as a kind of alternative to extreme individualistic and collectivist approaches, as it offers an organic combination of individual human rights with civic and moral responsibility. It analyzes how the Orthodox ethical system has influenced the formation of specific rights, including the right to life, the right to dignity, the right to freedom of conscience, and other important components of a person’s legal status. The distinctive features of the Orthodox approach are identified in comparison with other religious and secular traditions, which makes it possible to more clearly understand its uniqueness and differences. The article highlights the significant potential of the Christian moral tradition in enriching the modern legal discourse on human rights. Such a tradition contributes to a deeper and more balanced understanding of the relationship between personal freedom and the common good, which is of exceptional importance both in theoretical terms and in the practice of law enforcement in democratic states.
- New
- Research Article
- 10.24144/2307-3322.2025.91.5.15
- Nov 22, 2025
- Uzhhorod National University Herald. Series: Law
- V V Ladychenko + 2 more
The article is dedicated to the analysis of contemporary international and European legislation in the field of environmental safety and protection. Given that Ukraine’s current European and Euro-Atlantic integration is determined by the process of Ukraine’s rapprochement with the European Union, the authors first consider issues of legal support for environmental safety at the level of approaches and principles for the formation of national and local policies, European standards and legal dimensions in the environmental sphere. The purpose of the article is to review European legislation on environmental safety, its impact on national environmental policies in the European Union, as well as the scientific views of Ukrainian and European scholars on the processes of approximating national legislation to European legislation in the field of ecology, with the aim of deepening understanding of current and recent changes to Ukrainian national legislation, legal guidelines and dimensions that represent European legal discourse as a whole. The authors draw attention to current international and European environmental legislation, the development of environmental safety standards, the introduction of economic mechanisms and liability for violations, as well as the consideration of environmental aspects in the future foreign policy of EU member states. The authors attempted to study general trends in the legal regulation of environmental safety in the context of determining its role in the structure of European and international legal regulation, sustainable development, as well as determining approaches and standards in the application of legal regulation that form the legal dimension of environmental safety. In addition, the article traces the depth of general approaches and definitions of international environmental safety criteria that are implemented and specified in EU regulations, in particular, among other things, related to the consequences of climate change and directed at entities whose activities have a significant negative impact on the environment. This article presents selected scientific views and visions of contemporary researchers on the European legal dimension of environmental safety, including theoretical and methodological dimensions as well as scientific and practical approaches in the legislation of the EU and its member states.
- New
- Research Article
- 10.21564/2663-5704.67.342242
- Nov 21, 2025
- The Bulletin of Yaroslav Mudryi National Law University Series Philosophy philosophies of law political science sociology
- Tetiana Kryzhanovska
The article analyzes the potential of formal argumentation logic in legal discourse. Using the example of the Ukrainian Law on the State Language, it examines the concept of Abstract Argumentation Framework and defeasible logic. It is demonstrated that formal models of argumentation can not only describe theoretical relations between arguments but also model real mechanisms of legal decision-making.
- New
- Research Article
- 10.63878/aaj1036
- Nov 20, 2025
- Al-Aasar
- (Correspondence Author) ڈاکٹر مقبول حسن + 1 more
This research explores the significance of Islamic jurisprudence (Fiqh) and the process of legal reasoning (Ijtihad), with a particular focus on the historical and contemporary contributions of female scholars in these domains. Utilizing a qualitative method and analytical approach, the concept of Ijtihad is analyzed both linguistically and terminologically, highlighting its pivotal role in deriving legal rulings in the absence of explicit textual evidence. A substantial part of this study is devoted to the active participation of women in Islamic legal scholarship from the Prophetic era to the modern age, outlining the scholarly contributions of prominent female figures such as Aisha bint Abi Bakr (RA), Umm Salama (RA), Maymunah (RA), Amrah bint Abdul Rahman, Aisha bint Talha, and others. Their expertise in Hadith, Qur’anic interpretation, and Fiqh is showcased, along with their roles in issuing legal opinions and mentoring male scholars. Furthermore, the study discusses the legacy of female Mujtahidat (female - those qualified for Ijtihad) during the Abbasid and Umayyad periods and the ongoing scholarly involvement of women in the contemporary Islamic world. By presenting historical precedents, the research emphasizes that women have always had a legitimate and impactful presence in Islamic legal discourse, challenging the misconception that Fiqh and Ijtihad are solely male-dominated disciplines. This paper concludes that the contributions of female scholars are not only significant but foundational in the development and continuity of Islamic jurisprudence. Their active role in shaping legal thought serves as a source of inspiration and a model for inclusive scholarly engagement in contemporary Islamic societies.
- New
- Research Article
- 10.47772/ijriss.2024.916sco0025
- Nov 19, 2025
- International Journal of Research and Innovation in Social Science
- Nurul Shuhada Suhaimi + 3 more
Apology occupies an increasingly significant role in contemporary legal discourse, bridging the domains of moral responsibility, psychological healing, and professional accountability. Yet, in Malaysia, the absence of statutory protection for apology renders it legally perilous—discouraging professionals from expressing remorse or acknowledging fault for fear of self-incrimination. This paper advances a theoretical justification for protecting admission by apologetic discourse, situating the argument within five complementary frameworks: Therapeutic Jurisprudence, Rational Choice Theory, Game Theory, Empathy Theory, and Attribution Theory. Adopting a doctrinal and interdisciplinary approach, this study analyses the nexus between law, psychology, and behavioural economics to demonstrate how apology functions as both a restorative and preventive mechanism. Comparative models from Australia, Canada, and the United Kingdom reveal that apology laws reduce litigation, improve professional integrity, and enhance public confidence. The paper argues that a theory-driven legislative framework would harmonise Malaysia’s evidentiary and professional standards with global trends, transforming apology into a legally protected instrument of reconciliation, emotional repair, and systemic efficiency.
- New
- Research Article
- 10.59992/ijesa.2025.v4n11p3
- Nov 18, 2025
- International Journal of Educational Sciences and Arts
- Amerah Alsharif
Genre studies have been primarily concerned with identifying professional writing within various contexts, including legal discourse, business settings, and particularly relevant to this study, academic research writing. Research findings thus far have indicated that native Anglo-Saxon English speakers tend to employ more rational appeals than non-native speakers. However, the full range of underlying strategies and factors have not yet been thoroughly explored due to a lack of comparable tasks. This study explores the approaches taken by potential PhD Saudi students (100 participants) and Australian students (20 participants) when emailing their prospective PhD supervisors, specifically with regards to their use of rational appeals in discussing their future PhD research. The results of this study reveal significant differences in gender and culture. In terms of cultural differences, the two groups differed in their use of four particular moves, namely how they discussed their PhD plans, interests, justification and experience. The writing styles that differentiated both groups in their use of rational appeals, as well as broader pedagogical implications, are also discussed.
- New
- Research Article
- 10.35632/ajis.v42i3-4.3696
- Nov 10, 2025
- American Journal of Islam and Society
- Nazish Mithaiwala
Islamic law, its classical origins and modern resurgence, has been the subject of increasing attention in academia. Whereas previous literature in the area of Islamic law often carried orientalist leanings, modern research attempts to re-evaluate the Islamic legal tradition on its own merits. Dr. Omer Awass contributes to this effort in, Fatwa and the Making and Renewal of Islamic Law: From the Classical Period to the Present. Awass examines the formation, history, and transformation of Islamic legal discourse and institutions through the lens of the fatwa, or legal opinion. He explores how the issuing of fatwas was influential in the development of the legal tradition generally, while at the same time serving as a social instrument that contributed to the formation of the Muslim societies. Awass’ investigation of fatwas is historically contextualized and he demonstrates legal development through his selection of fatwas. Furthermore, his analysis provides a fascinating window into the minds of renowned Muslim jurists and their engagement with the legal tradition. Finally, while Awass’ main focus is on the Sunnī legal tradition, his inclusion of non-Sunnī sects, Zaydī and Ibāḍī traditions respectively, while informative, could be improved with a stronger comparative context.
- Research Article
- 10.22495/clgrv7i3sip9
- Nov 6, 2025
- Corporate Law & Governance Review
- Nuredin Lutfiu + 2 more
The contract for perpetual maintenance constitutes a legally complex instrument situated at the intersection of property and inheritance law in Kosovo. It establishes a lifelong obligation whereby one party (the provider) agrees to support another (the receiver), typically in exchange for movable or immovable property. This study addresses a significant gap in the existing literature regarding the regulation, legal characteristics, and implications of such contracts within Kosovo’s civil law framework. It aims to explore the effects of these agreements on property transfers, the rights of heirs, and legal certainty, particularly in the context of rising inheritance disputes. Using doctrinal legal analysis, the study examines key legislative instruments — including Law No. 04/L-077 on Obligational Relations, Law No. 03/L-154 on Property, and Law No. 2004/26 on Inheritance — alongside relevant case law. Recent academic contributions (Arsić & Stanivuk, 2019; Xhafaj & Thaqi, 2023) and judicial rulings suggest that, while these contracts serve important social functions, they also pose legal challenges such as conflicts over ownership and inheritance fragmentation. This paper advocates for legislative reform aimed at clarifying legal definitions, reinforcing consent procedures, and implementing stronger legal safeguards. The findings contribute to the broader legal discourse concerning the balance between long-term contractual obligations and inheritance law within developing legal systems.
- Research Article
- 10.15517/a69b9c85
- Nov 5, 2025
- Cuadernos de Antropología
- Alejandra Boza Villarreal
This article identifies some of the political and social factors that made it possible for Costa Rica to pass a 1977 law recognizing specific rights for “indigenous communities”. Titled Indigenous Act, it was considered very progressive for its time and it remains in effect to this day. Despite constituting the main legal reference dictating the relationship between the state and the indigenous peoples, no study has been found dedicated to explaining its origin. The research is based on an extensive review of primary sources, including numerous laws and executive decrees, the dossier containing the Indigenous Act’s legislative discussion as well as legislative dossiers from related laws, an interview with one of the main promoters of the Act, and several articles from 1960s and 1970s Costa Rican newspapers. The article argues that the approval of the Indigenous Act was not an isolated event but part of an ongoing legal and political discussion on indigenous rights. This discussion dates back to the late 1930s and, in some respects, even to the colonial period. Two elements advanced the Act’s approval. The significant media attention garnered in the 1970s by the territorial dispossession that indigenous peoples were undergoing constitutes the first element. Continuous reports by indigenous individuals and organizations in alliance with various social sectors fueled such attention. The support that different political parties in Congress provided for both the drafting and the passage of the Act is the second element. Even though indigenous peoples seem to have had little direct input on the Act’s actual language, the document would not have evolved into its final form, and elicited the wide support it did, without the mobilization of indigenous peoples and their allies.
- Research Article
- 10.59298/idosrjah/2025/1133440
- Nov 4, 2025
- IDOSR JOURNAL OF ARTS AND HUMANITIES
- Amwiine Hassans
Youth are often marginalized in legal discourse, especially those from vulnerable communities who face social, economic, and institutional barriers. This paper examines how strategic communication can serve as a transformative tool for engaging young people in legal issues that affect their lives. It emphasizes the importance of inclusive participation, co-learning models, and youth-led initiatives to reduce socio-legal disjunction. Drawing from theoretical frameworks, global case studies, and participatory action research, the study examines effective methods of integrating youth voices in legal systems through culturally relevant and digital communication platforms. The analysis further considers the role of educators, legal advocates, and youth organizations in amplifying youth agency, overcoming institutional hierarchies, and fostering legal literacy. A mixed-method impact assessment approach is also discussed to evaluate the effectiveness of youth engagement programs. Ultimately, the paper offers a roadmap for designing communication strategies that not only educate but also empower youth as active stakeholders in legal and civic processes. Keywords: Youth engagement, legal empowerment, communication strategies, civic participation, social media, participatory education, youth advocacy.
- Research Article
- 10.65061/xpsh2195
- Nov 4, 2025
- Yaqeen Institute for Islamic Research
Shari'ah: From Diverse Legal Discourse to Colonial Misrepresentation
- Research Article
- 10.1215/2834698x-11954215
- Nov 1, 2025
- Monsoon
- Mohammed Shameem K K
This article explores how Sharia came to be shaped in the so-called Islamic periphery of Malabar during the medieval times, focusing on a compelling legal case involving an Arab woman who migrated to Cochin in the mid-sixteenth century. Her marriages to and separations from multiple men puzzled the local Muslim community, triggering responses from contemporary scholarly circles in both Malabar and the Islamic heartlands. This case, preserved in an Arabic fatwa text from Malabar entitled Al-Ajwibah al-‘ajibah ‘an al-as'ilah al-garibah offers valuable insights into the entangled world of the western Indian Ocean. It shows how transoceanic networks of merchants, theologians, and Islamic jurists contributed to the adaptation of Sharia in coastal regions like Malabar. This case is particularly important because of the involvement of a woman in it, a rare occurrence in the premodern history of the Indian Ocean. Examining the varied responses of Shafi‘i scholars to the legal case highlights the tensions in interpreting Islamic law across different regions and among scholars. Above all, the study demonstrates the significance of fatwa literature in revealing the socioreligious dynamics of Muslim communities during this period, while also demonstrating how Malabar became integrated into the “Arabic cosmopolis” through legal discourses that spanned the Indian Ocean.
- Research Article
- 10.1177/00380229251380790
- Oct 28, 2025
- Sociological Bulletin
- Nupurnima Yadav
In India, astrology operates outside the realm of any specific central law. However, it has been subject to various legal actions and judicial pronouncements, notably in the Supreme Court of India in 2004 and the Bombay High Court in 2011, which recognised astrology as a science. Despite its unregulated status, astrology continues to hold sway in Indian society, particularly in social, familial, political and financial spheres, with a significant portion of the population consulting astrologers for guidance. Studies have showcased how astrological intervention through astrologers and their suggested practices is sought for self and the family’s well-being and prosperity. Drawing from fieldwork and media reports, this article delves into the sociological and legal discourse around astrology in India.
- Research Article
- 10.1515/ijld-2025-2018
- Oct 28, 2025
- International Journal of Legal Discourse
- Shuo Feng + 1 more
Abstract The rapid development and widespread application of artificial intelligence (AI) are profoundly shaping the evolution of dispute resolution mechanisms, including arbitration, while offering novel solutions to longstanding challenges in the current arbitration system. Rooted in the principle of party autonomy, the arbitration system entitles disputing parties to select arbitrators by mutual agreement. In practice, however, this framework has given rise to issues such as malicious delay tactics by parties, difficulties in appointing qualified arbitrators, all of which undermine the fairness and efficiency that are foundational to arbitration. While AI-assisted arbitrator selection can address these aforementioned problems, it also raises concerns from a rule of law standpoint. Key issues include algorithmic manipulation that impairs party autonomy, data collection practices that infringe on arbitrators’ data privacy, and tensions between computational rationality and the emotional or normative dimensions inherent arbitration. To address these concerns, inclusive legislation should create room for the integration of AI into arbitration; concurrently, industry regulation and arbitration soft law should be leveraged to demystify “black box algorithms” and standardize AI-driven arbitrator selection processes. These measures will help safeguard the credibility of arbitration and foster the healthy development of the arbitration system in the age of AI. The convergence of AI and arbitration further prompts critical reflection on the transformation of the legal discourse system amid technological advancement. In this context, the law should adopt an inclusive yet prudent stance toward technological progress, both preserving space for ongoing innovation while establishing boundaries to prevent technology from fundamentally upending the existing legal system and social order. This balanced approach – pursuing stability through reform and advancing development through change – should serve as the guiding principle for the evolution of the arbitration system in the AI era.
- Research Article
- 10.1080/13488678.2025.2560770
- Oct 25, 2025
- Asian Englishes
- Ashraf Tantish + 1 more
ABSTRACT This article examines how Palestinian national identity is discursively constructed in presidential speeches delivered at the United Nations between 1974 and 2023. Using Wodak ’s Discourse-Historical Approach, the analysis explores five interrelated themes adapted from De Cillia, Reisigl, and Wodak: national belonging, shared political history, common culture, political vision, and territorial identity. Focusing on the institutional voice of leadership through Yasser Arafat and Mahmoud Abbas, the study analyses the official English translations of their Arabic speeches as performative acts of identity construction in global diplomacy. The findings show that Palestinian presidential rhetoric draws on historical continuity, legal discourse, and collective memory to assert legitimacy and differentiate national identity from external forces. While Arafat emphasized revolutionary resistance, Abbas adopted a legalistic and diplomatic tone; both relied on constructive and perpetuation strategies to link past struggles with ongoing aspirations for statehood.
- Research Article
- 10.5753/jbcs.2025.5795
- Oct 21, 2025
- Journal of the Brazilian Computer Society
- René Vieira Santin + 2 more
Large Language Models (LLMs) have improved multilingual translation and adaptation, particularly for languages like Portuguese; however, they often fail to produce outputs that accurately reflect the linguistic, stylistic, and topical characteristics expected in real-world scenarios. This paper addresses the challenge of adapting texts to specific domains and audiences by moving beyond direct translation to include variations in genre and topic. We propose a method for learning domain representation vectors through prompt tuning, allowing LLMs to generate text that matches the communicative norms of a target domain or user profile (e.g., legal discourse, informal speech, or social media posts) or even topics. In contrast to most domain adaptation approaches that focus solely on translation, our method supports broader text adaptation and can be applied to multiple tasks. We demonstrate the effectiveness of our approach using two Portuguese datasets—a newly compiled corpus of video game discussions and a financial tweet corpus—and evaluate the results with respect to linguistic variation. Our main contributions include: (i) a method for learning reusable domain vectors to support prompt-based adaptation; (ii) application to translation and broader text adaptation tasks; and (iii) the release of a new domain-specific dataset in Portuguese.
- Research Article
- 10.1177/13505068251381136
- Oct 19, 2025
- European Journal of Women's Studies
- Michela Villani
Rooted in systemic gender inequalities, sexual violence in Switzerland persists amid inadequate institutional responses and a pervasive culture of rape myth acceptance. Until 2022, Swiss law defined rape narrowly as coercion-based and recognised only women as victims, thereby excluding many experiences and reinforcing outdated assumptions. Against the backdrop of public debate and legal reform (2019–2024), this article analyses the collaborative, survivor-led artivism project We’ve Had Enough! Survivors of Sexual Violence Dispel Myths, Break Taboos and Reject Stigma , commissioned by Amnesty International and co-created with a group of ten women – seven rape survivors and three creative collaborators (a photographer, a graphic artist, and a journalist/author). Launched on International Women’s Day 2022, the exhibition challenged dominant narratives by foregrounding testimonies highlighting scenarios often dismissed in legal and social discourse, including assaults by known perpetrators, absent visible resistance, alcohol-related contexts and fragmented memories. Drawing on the framework of reparative aesthetics, the analysis examines how visual and narrative strategies enabled participants to reclaim their stories, foster public empathy and transform shame into collective responsibility. The exhibition’s collaborative process blurred the boundaries between art-based research, activism and survivor advocacy, situating sexual violence within a shared socio-political context rather than as isolated incidents. This approach invited audiences not only to witness but also to engage critically, connecting personal trauma to structural inequalities and institutional complicity. While the revised legislation stopped short of adopting a full consent-based standard, it now recognises ‘a state of shock’ as a form of non-consent – a partial shift towards survivor-centred justice. Without claiming to resolve legal shortcomings, We’ve Had Enough! demonstrates how collaborative, art-based initiatives can challenge stigma, influence public debate and complement broader efforts to promote institutional responsiveness. This case study thus contributes to scholarship on sexual violence, rape myths, reparative aesthetics, collaborative practice, artivism and art-based research, highlighting the potential of creative practice to foster recognition, healing and social change.