Legal Jurisprudence Research Articles

Leveraging Geo-Profiling to Address Rape as a Public Health and Criminal Epidemic in the United States

Abstract Rape, as a pervasive societal issue, transcends the boundaries of public safety, criminal justice, legal jurisprudence, and public health, casting a long shadow of fear, trauma, and profound consequences across communities. This article delves into the multifaceted nature of rape, recognizing it not solely as a criminal phenomenon but as a complex public health crisis demanding comprehensive intervention. In response to the imperative of addressing rape and serial rapists as a criminal and public health epidemic, this study introduces an innovative approach that harnesses the potential of artificial intelligence (AI) and geo-profiling. Through synthesizing criminological and epidemiological insights, this research elucidates the transformative role of geo-profiling in understanding, preventing and solving rape crimes. Geo-profiling data analytics capabilities are harnessed to dissect the intricate details, patterns and dynamics of rape incidents, offering a data-driven foundation for preventive strategies. Moreover, integrating geo-profiling techniques empowers law enforcement and public health agencies to map high-risk behaviors, areas and optimize resource allocation geographically. This holistic approach advances our understanding of rape as a public health crisis and informs targeted, evidence-based interventions to reduce its prevalence. In a contemporary landscape marked by the imperative of innovation and interdisciplinarity, this article contributes a nuanced perspective to the discourse surrounding rape. By unifying law enforcement, criminal justice, legal, and public health paradigms and harnessing geo-profiling as a powerful tool, we embark on a path to address rape comprehensively, recognizing its profound impact on individuals and society.

The Third-party Intervention in Determining Price A comparative study

The absence of legislative regulation in Iraq regarding the issue of third-party interference in determining the price, and the many legal problems raised by this interference, the dispute over the legal jurisprudence in so far its rules is concerned, and the differences in the court's approaches as well motivates us to do this research. The research is done to determine the legal rule so as to set peace among the contact parties. And the study shows that the third party involved in determining the price is any person to whom the effect of the contract is not directed, and his job is considered as a combination of agency and contracting if he receives a payment. However, if it is unpaid, it is subject to the general theory of the contract, because it cannot be compatible with any contract. It also states that the contract associated with this permission is considered a suspended contract on a probable suspended condition, in which the third party determines the price, and whose decision obliges the parties and the court unless he exceeds its proposed authority permitted by the contract or commits a serious error. And the study sums up that the French legislator has explicitly stipulated the possibility of third party intervention in determining the price, while the general rules in Iraqi and Egyptian legislations are relied upon to find the legal basis for its intervention. The study attempts to delve into all the jurisprudential and judicial disputes regarding the spects in the subject of the study to recommend to the legislator by adding legislative texts that provide direct solutions to the problematic area.The study recommends jurisprudence and the judiciary to adopt solutions that would be compatible with available and proposed legislative texts.

LEGAL JURISPRUDENCE AND AFRICAN GOVERNANCE IN THE TWENTY-FIRST CENTURY

The paper assesses the legal jurisprudence in the context of African governance system and identifies jurisprudential impediments such as weak applicability of law, political interference in the administration of the state, bad governance practices, lack of democratic practices, clear travesty of justice and vagrant violations of human rights. It further observes that those jurisprudential impediments have hamstrung the development and improvement of law govern society in Africa in the twenty-first century. They have also slowed down the process of enhancing governance in African states through lack of transparency, accountability, responsibility and legitimate authority. It concludes that rightful application of law, governance reforms, an inclusive governance system, entrenchment of constitutionalism and prompt application of law in cases of violation of law, African governance system will be enhanced in the twentyfirst century.

The crime of goods fraud in the Jordanian penal code

The primary focus of this research study is the analysis of Article 433 of the Jordanian Penal Code, which criminalizes goods fraud as a means of providing criminal protection for consumers. A descriptive and analytical methodology is employed in this study, involving the review and analysis of legal texts, judicial precedents, and relevant legal jurisprudence. The distinction between the crime of goods fraud and other similar offenses is elucidated in this study. It is confirmed through the findings of this research that this crime comprises three essential elements: the presumed element as stipulated in the sales contract of goods, the material element rooted in the fraudulent act, and the mental element, often referred to as the "guilty mind," which assumes the form of a general criminal intent. It has also been established that individuals found guilty of this offense face penalties ranging from one month to one year of imprisonment, coupled with a fine ranging from five to fifty dinars, or one of these penalties. This criminal punishment encompasses attempted crimes as well. The study concludes that the scope of criminalization should not be confined solely to fraud within sales contracts, but rather should be expanded to encompass other types of contracts. Furthermore, it is recommended that restitution of the sold goods be mandated, and the return of money to the buyer be ensured.

Forum shopping in regulatory sandboxes and the perils of experimental law-making

The gradual emergence of regulatory sandboxes in various jurisdictions has already triggered considerable attention of legal academia. Thus, academicians have addressed various legal frameworks, providing for regulatory sandboxes in the field of financial and energy technologies, artificial intelligence, medical products etc. In all these fields, regulatory sandboxes do currently serve as a tool for facilitating these new technologies, which could hardly emerge successfully under the rules of conventional legal frameworks. Beside identifying the advantages of regulatory sandboxes, various risks were also identified with respect to the prospective introduction of regulatory sandboxes in various fields of governance. This article aims to address the feature of ‘forum shopping’, that the spontaneous emergence of regulatory sandboxes might imply. The authors argue, that while such forum shopping will represent an inevitable implication of legal pluralism, one may also expect various attempts for the “passportisation” of regulatory sandboxes. At the same time, the authors aim to address a more theoretical question, to which extent are classical tenets of legal jurisprudence applicable to the experimental legislation?

Cyber Surveillance and Privacy Issues vis-à-vis International Law

The ‘Big Brother is Watching’, is now a trend that is prevalent in the society where the unregulated and unfiltered monitoring of data and interception has led to interference with the privacy rights of the individuals. The background to the concept may not be expressly seen in text but the context of privacy be protected can be seen in legal instruments such as United Nations Declaration on Human Rights, International Covenant on Civil and Political Rights. Though, the legal jurisprudence has also taken sides for placing community interest over individual interest but has often been deficient in providing objective reasonings and justifications. When the privacy and the human rights are interfered with, no one but the State should own the responsibility. The contours of this responsibility have been circumscribed by the existing international legal instruments, but their effectiveness is compromised because of their non-binding characteristics. The paper outlines the importance of regulating mass surveillance, secret surveillance, cyber espionage, cyber attacks etc. and has facilitated a discussion of establishing a pattern of standardized norms in line with human rights obligations catalyzed by cyber diplomacy, which can easily be adopted by States. The paper is Analytical and descriptive in nature. The question will always be debatable when it comes to States exercising their right of surveillance for maintaining law and order and upholding the security of the nation being violative of individual rights. So, whether the States are able to strike a balance between State authority and Fundamental rights of the individuals? Whether the proportionality that is exhibited is justifiable? The uncontrollable parasitic attack on digital communications, without reasonable suspicion is excessive, arbitrary and abusive. There is a need not only for a structured legal framework but also procedural safeguards, oversight mechanisms and redressal forums.

The Legal Nature of Futures Contracts in Commodity Exchanges in Jordanian Legislation

Legal jurisprudence tends to classify futures settlement contracts in commodity exchanges as speculative and betting contracts, based on cash settlement as one of the methods for settling futures contracts. Sometimes, these contracts are settled by the difference between the opening and closing prices over a specified period. Such classification is a limited perspective based on legal jurisprudence viewing futures contracts as ordinary sales contrary to reality. Settlement futures contracts in commodity exchanges are distinctive contracts, and their uniqueness is derived from the nature of the assets traded. These contracts involve essential commodities that play a crucial role in national economies. Moreover, they are subject to a specific legal framework that differs from the legal system governing ordinary contracts. These contracts serve various purposes beyond buying and selling for immediate consumption and trade. They function as financial instruments for investment and risk management, serving purposes beyond simple consumption and immediate trade. The essential distinction that has led to confusion about futures settlement contracts is the time gap between their formation and execution, unlike ordinary contracts that are immediately executed.In this study, we attempted to unveil the ambiguity surrounding futures settlement contracts in commodity exchanges by highlighting their true nature as financial instruments playing a significant role in national economies. This reality has given futures settlement contracts a distinct legal nature.

Canonical Jurisprudence in the Kingdom of Bohemia in the Middle Ages

During the High and Late Middle Ages, canon law played a crucial role. This study provides an overview of ecclesiastical legal scholarship in the Czech lands, i.e. in Bohemia (in the Archdiocese of Prague) and in Moravia (in the Diocese of Olomouc). The development of a legal jurisprudence went hand in hand with the development of ecclesiastical administration in the second half of the 14th century and in the early 15th century, which evolved into a compact system. An important factor in this was the establishment of Prague University, including the Law Faculty, in 1348, and also, in particular, the establishment of the separate Prague Law University in 1372. Amongst the major canonists who left work behind were Štěpán of Roudnice, Bohuslav of Krnov, Kuneš of Třebovle, Mikuláš Puchník, and Jan of Jesenice, amongst others.

State-Corporate environmental crime and human security in the Niger Delta, Nigeria

Admittedly, environmental crime or green criminology as sub-filed or a separate section of legal jurisprudence is struggling to evolve in Nigeria. This is particularly so in the light of lax legislation regulating the Nigeria oil industry. This paper advanced the argument that all human acts such as oil spills, gas flaring and other forms of environmental degradation in contravention of existing environmental legislation amount to environmental violence; and constitute environmental crime; which crime is increasing unabated in the Nigeria Delta region of Nigeria, with huge human security implications. The environment isthe life and sustainer of humanity, unfortunately man has become a destroyer instead of a protector and replenisher of the environment on account of the unsustainable drive for capital accumulation for industrialization and development. The outcomes of the activities associated with industrialization and development instead of ameliorating has rather deepened the poverty and misery of the Niger Delta. The acts of ecocide and genocide committed by the Multinational Oil Corporations with the tacit connivance Nigerian state had continuously threatened human security, without commensurable commitments to halting the impending Armageddon. The argument of this paper is guided by resource curse theory. Data were purely qualitative, and generated from secondary sources and subjected to content analysis. The fundamental finding of this paper is that the trouble with environmental governance in Nigeria is not the want of regulations, albeit weak but the weak extractive and regulatory capacity of the Nigeria state to enforce compliance. The paper recommends very strongly that the Nigerian state must assert its stateness, effectively perform its regulatory roles, and criminalize all acts of environment violations.

The harm of death and the transferability of the right to compensation: A comparative study

This study aims to determine how the right of compensation for death is transferable to the heirs. It is agreed that harming a human body should warrant compensation. Even if it does not result in financial losses, it is considered an attack on the human body. Nevertheless, the prevailing trend in positive law still hesitates to consider the harm of death in itself, a harm that requires compensation. On the contrary, we find that Islamic jurisprudence considers the matter in its natural and logical setting from a long time ago. It is decided to guarantee and compensate for bodily damages, whether they resulted from deadly or non-deadly injury, regardless of the financial losses and consequences or moral damages that result from this damage. By referring to the Jordanian civil law, it becomes clear that compensation for bodily harm is carried out according to the rules of blood money, whose provisions are derived from Islamic jurisprudence and the provisions of Western laws, especially those related to the inclusion of compensation for the actual damage in its moral and material aspects, and its elements of actual loss and lost profit, which some jurists believe. Contemporary Muslims have what supports it in the rules of compensation in Islamic jurisprudence, especially the rule that there is no harm and no foul. In this study, we address how compensation for the harm of death is transferable to heirs in legal jurisprudence and the judiciary system and how the right to compensation for the harm of death is transferable to the heirs in Islamic jurisprudence. The comparative approach between legal jurisprudence and Islamic jurisprudence has been applied, based on strengthening jurisprudential positions with judicial positions closely related to the subject. The study recommended that the Jordanian Court of Cassation amend its jurisprudence and re-consider the death damage guarantee as material compensation for independent material damage. This should be transferred to the heirs through the inheritance and is claimed under the hereditary lawsuit, as it violated the provision of Article 274 of the Jordanian Civil Code, which authorized the death damage compensation. It also violated what was followed by Islamic civil jurisprudence and comparative judiciary.

The Case of Incest: A Comparative legal Jurisprudence Study


 
 
 
 Islamic legislations clarified what is valid for marriage and what is suitable for a marriage contract. God has made it clear in the Qur’an, and the Holy Prophet also clarified that in authentic hadiths. Accordingly, incest is a guilt that necessitates the punishment for adultery. And the prohibition of committing its preludes and causes and approaching it; and the prohibition of things that are close to it as well, such as mixing, singing, dancing, drugs and intoxicants and the like. By considering it one of the greatest immoralities and one of the greatest sins, and comparing it with polytheism with God Almighty and killing souls.
 
 
 
 
 Islamic legislation intends from that to protect one’s honor and protect it from corruption and disruption and interference, because pure symptoms require happy peacefulness in the family. Incest is forbidden and is not accepted by the human soul and in all heavenly religions.

Striking the Balance between Exclusivity of IPRs and Competition Law - A Tale of the Journey of EU Legal Jurisprudence from Volvo to IMS Health

Striking the Balance between Exclusivity of IPRs and Competition Law - A Tale of the Journey of EU Legal Jurisprudence from Volvo to IMS Health

Legal jurisprudence of solid waste management in India: development through the decades

Legal jurisprudence of solid waste management in India: development through the decades

Legal jurisprudence of solid waste management in India: development through the decades

Legal jurisprudence of solid waste management in India: development through the decades

Identifying conceptual gaps in the concept of natural personhood in the banking and credit system of Tajikistan

The question around the subject of bank credit has always been in the view of legal jurisprudence and doctrine. One of these issues is that the legal personality of a natural person in banking-credit relations is devoid of comprehensive scientific and legal study. This emphasizes the necessity of further research into the issue. This article is devoted to the participation of natural persons in the banking-credit obligations of the Republic of Tajikistan. It also provides an overview of the reality of the existence of natural persons as a subject of civil law obligations. It also investigates the relationship between the concepts of «natural person» and «citizen». It analyzes the essence of a natural person as a participant in banking-credit obligations, and combines the analysis results in order to define the characteristics of the subject. This article considers a natural person as a participant in all civil law relations, then as a participant in banking-credit obligations. Within the study framework, the use of the term «natural person» is suggested instead of the incorrect term «citizen». This article is also the first to investigate the constituent elements of the legal personality of a natural person in banking-credit obligations. It discusses the issue of the legal personality of natural persons as a participant in banking-credit obligations, clarifies the concept of legal capacity, and qualifies certain categories of the active legal capacity of natural persons. Moreover, it also describes the types of bank credit with the participation of natural persons in two main groups.

Constitutionality of Provisions Related to Suit Against an Indigent Person in India: Legal Discourse

The Code of Civil Procedure (CPC) is the parent law that provides for matters related to procedure for filing of suit in civil cases, i.e. filing of plaint, written statement, the contents of pleadings, the submission of evidence, etc. This paper endeavors to contemplate rule 11 of Order XXXIII of CPC which authorizes revocation of the permission granted to sue as an indigent plaintiff due to non-delivery of summons or non-appearance of the plaintiff when the suit is called on for hearing. It further endeavors to analyze rule 11-A of Order XXXIII of CPC which mandates the Court to order for recovery of Court fees and other litigation expenses from the estate of the deceased plaintiff. The paper concludes that such a review of the provisions related to suit by an indigent person would make the procedure in consonance with the principles of equity and the legal jurisprudence. The paper uses doctrinal method.

The Force Majeure Clause, Impossibility, and Frustration of Purpose in the Age of Covid-19

The Covid-19 Pandemic and the resulting government-imposed shutdowns have caused financial difficulty for many businesses in the United States. In particular, the shutdowns have strained landlord and tenant relations, as the failure of the latter to pay monthly rent has resulted in both parties taking their disputes to court. The contractual, legal doctrines of force majeure, frustration of purpose, and impossibility are being brought up in court by tenants who are hoping to have their nonperformance of contractual duties excused. For this study, fourteen pandemic-era court cases from around the country were analyzed in order to determine how the legal concepts of force majeure, frustration of purpose, and impossibility are being interpreted and whether the results were more in favor of the tenant or the landlord. The study found that courts interpreted the arguments in a very narrow manner, which resulted in very little victory for tenants. However, the author suggests that the practice of off-court resolutions in the face of strict legal jurisprudence could be an effective route for the disputing parties.

State-corporate environmental crime and human security in the Niger Delta, Nigeria

This theoretical paper advanced the argument that all human acts such as oil spills, gas flaring and other forms of environmental degradation in contravention of existing environmental legislation amount to environmental violence; and constitute environmental crime within the context of this paper. Environmental crime in the Nigeria Delta is increasing unabated and huge implication of human security. The environment is life and sustainer of humanity both present and future. But man has become a destroyer instead of a protector and replenisher of the environment on account of the unsustainable drive for capital accumulation for industrialization and development. The outcomes have deepened the poverty and misery of the Niger Delta people instead of ameliorating them. The acts of ecocide and genocide committed by the Multinational Oil Corporations with the tacit connivance Nigerian state had continuously threatened human security, without commensurable commitments to halting the impending Armageddon. The argument of this paper is guided by resource curse, Dutch disease and state failure theories. Data used to advance this argument are purely qualitative and generated from secondary sources. They are subjected to content analysis. Admittedly, environmental crime or green criminology as sub-filed or a separate section of legal jurisprudence is struggling to evolve. Our finding is that the trouble with environmental governance in Nigeria is not the want of regulations, albeit weak, but the problem of enforcement. This implies that the bulk stops at the state. The state must assert its stateness, effectively perform it s regulatory roles, and place environment violation where they belong, as environmental crime.

The right to use and sustain river watern –legal jurisprudence study-

The research includes many objectives to answer a number of questions that revolve around this topic, including Explaining the meaning of right and usufruct and what are the reasons that give an individual the right to usufruct. - Studying the jurisprudence rulings that work to regulate the right to use river water, and clarifying the extent of the interest of Islamic jurisprudence in ensuring these rights. A statement of the legal controls that regulate usufruct. A clarification of what is meant by the partnership contained in the hadiths of the Prophet that call people to the legitimacy of partnership, as it clarifies when an individual has the right to exploit that partnership, and what are the controls for benefit in the event of partnership, and how to sustain this benefit. - A statement of the legal position on the use of river water, the extent to which it is organized and guarantees the rights of individuals in this aspect, and what are the stages this regulation has gone through, with an explanation of some legal articles that regulate the right of usufruct. Explanation of the extent of compatibility and difference between Islamic jurisprudence and legal jurisprudence on the issue of the right to use river water. - Restricting to the two most important rights for the use of river water, namely, the right to drink and to drink..

How will the Legal Battle End in the Public Job : Sight of Jordan Issue

<p>Conflict of interests, as an act of corruption, is considered a loose concept. Legal jurisprudence differed in defining its concept, but the salient feature in it is that it constitutes an act of a public job that calls for both disciplinary and criminal responsibility, as it constitutes a two-faced act, a criminal and a disciplinary aspect. This study came to examine a important issue within the framework of the public job. From here it was necessary to stand on the definition of conflict of interest and the types of this conflict within the framework of the public job, and the elements of the crime of conflict of interest according to the criminal framework in the punitive legislation in the countries under study. The main findings show that the most prominent of which is that the most common and dangerous form of conflict is the conflict between the public interest and the private interest. This is when the employee has a direct or indirect interest that affects the administrative decision-making process or any other administrative act. The two researchers recommended that more details be given to the images of Conflict of interests in order to avoid any legal lapse or loophole, which would result in the establishment of the largest possible criminal and disciplinary confrontation for this act.</p>