Legal Jurisprudence Research Articles

Notion of Jurisprudence and Legal System

Philosophy is the highest though of mankind. The group of the philosophy together is known as jurisprudence in legal science. Mundhum, Kirati Veda, argues that a man without philosophic knowledge is an inferior animal. They cannot decide right or wrong. However, there are different notion of jurisprudence i.e. natural, positive, historical, sociological, critical etc. Jurisprudence is the sum total of sources of law, theories of law and legal concepts i.e. possession, ownership, obligation, liability, rights and duties, person, property etc. There are various types of jurisprudence i.e. general vs. particular jurisprudence, historical vs. comparative jurisprudence, natural vs. positive jurisprudence, censorial vs. expositorial jurisprudence, state vs. non-state jurisprudence, ethnological jurisprudence vs. psychological jurisprudence, functional jurisprudence vs. critical jurisprudence, domestic jurisprudence vs. international jurisprudence etc. For positive school of thought, there are no differences between legal system and jurisprudence. However, jurisprudence and legal system are not isolated topic; it has broader influences of other social disciplines. Even sources of law vary from society to society. Legal systems are classified as common, civil, socialist, and religious legal system. All these classifications have also philosophic influences of different society. Ultimate purpose of jurisprudence is to run society effectively and efficiently by balancing conflicting interest in society.

The Format of the Result of Intellectual Activity as an Emerging Object of Intellectual Rights

The article investigates the tendency of “formatization” of the results of intellectual activity that is also taking place in cross-border private law relations. On the basis of the analysis of foreign and Russian legal doctrines, jurisprudence and case law, the author comes to the conclusion about the independence of the format as a result of intellectual activity and about the possibility of using formats not only for audiovisual works, but also for some other categories of intellectual property regardless of protectability of the latter as objects of intellectual property rights. Taking into account the above, the author proposes a definition of the concept “format of the result of intellectual activity” that is generic in relation to the concept of “format of an audiovisual work”. The author substantiates the system of concepts included in the scope of the generic concept “format of the result of intellectual activity.” The conclusion is made that the concept of the format of the result of intellectual activity has a significant potential for development as an independent object of intellectual property.

Tracing, freezing and confiscating the proceeds of crime in Cyprus

Purpose As a dynamic business and financial centre, the Republic of Cyprus is called upon to protect its economy and society from money laundering and criminal infiltration. To address these risks, the Republic of Cyprus has developed a comprehensive legal framework in compliance with the relevant international and EU standards. The purpose of this paper is to critically examine the legislative tools for tracing, freezing and confiscating the proceeds of crime in the Republic of Cyprus with special reference to their strengths, weaknesses and compatibility with the relevant international and EU norms. Design/methodology/approach This paper draws on legal scholarship, jurisprudence, reports and other open source data to analyse important legislative developments in Cyprus in the fields of tracing, freezing and confiscating the proceeds of crime. Findings The legislative developments that will be examined are Law 188(I)/2007, and its recent amendments which effectively target the proceeds of crime in Cyprus. Despite some weaknesses, the legislative provisions in Cyprus are compatible with international and EU norms on tracing, freezing and confiscation, while they promote international and EU cooperation in these domains. Originality/value Since the amendments of Law 188(I)/2007 came into force, this has been, to the best of the authors’ knowledge, the first comprehensive study examining the strengths and weaknesses of the legislative framework on asset tracing, freezing and confiscation, as well as its compatibility with international and EU standards.

국세기본법 제18조 제1항의 재판규범성 : 대법원 2016. 12. 29. 선고 2010두3138 판결을 중심으로

국세기본법 제18조 제1항의 재판규범성 : 대법원 2016. 12. 29. 선고 2010두3138 판결을 중심으로

THE USE OF LEGAL KNOWLEDGE AS A MATERIAL OF TECHNOLOGY

Problem setting. Identification and comprehension of ideological and methodological foundations of intellectualization of society, phenomena of resource of knowledge, information resource and information technologies (their types and levels, social and psychological aspects of knowledge movement, peculiarities of legal knowledge, conditions of application, readiness for this society, the role of jurisprudence in innovative processes) is an important and necessary component of radical improvement of national programs, desirable social transformations. Productive development and effective implementation of models of large-scale social transformations of the modern level requires a different approach to legal knowledge and helps to identify ways to effectively develop and implement models of innovative development of Ukraine. Recent research and publications analysis. The results of the research of these problems give an opportunity to note that, in general, the systematic scientific comprehension of the complex, volumetric and multidimensional problem of finding out the uniqueness of the movement of legal knowledge, in particular, their production, accumulation, transformation, translation, processing, presentation, automation, influence on transformation legal norms, jurisprudence and legal education, etc. - is only at an early stage. Paper objectiv. The purpose of this article is to consider certain aspects of the technological approach to legal knowledge based on the results of understanding this issue by various representatives of the humanities and interdisciplinary researchers. Paper main body. The article substantiates that the use of legal knowledge as a material technology affects the development of legal science. The content of the concept “technological approach to legal knowledge” is defined. It is revealed that one of the ways to improve the law can be the active application of innovation. Analyzed the current state of development of innovative and technological components in the law; it is indicated that these projects as a core contain an array of legal knowledge. The features of legal knowledge are highlighted and the analysis of the impact that has to do with legal knowledge as a technology material on the development of jurisprudence is carried out. It is revealed that at the present stage legal knowledge gradually takes the place of one of the weighty components of the array of modern information and technologies circulating in society. It is shown that the philosophical and legal understanding of the technological approach to legal knowledge, taking into account the national specifics of our country, contributes to the identification of ways for effective development and implementation of innovative development models of Ukraine. Conclusions of the research. Methodology of technological attitude to legal knowledge is a complex problem that can be solved on the basis of a constructive dialogue between the developers of artificial intelligence systems and lawyers. The structure of knowledge is fundamentally complex, it contains various facts from the relevant field of law, the interrelationship between them, the rules of action, knowledge of how to include knowledge in the artificial intelligence system. The socio-cultural meaning of the technological approach to legal knowledge is the translation of expert knowledge into the world of society. Submission of legal knowledge in these systems translates the specificity of human knowledge, the features of the relationship of its main levels to the area of actual practical problems that require the attention of scientists, therefore, the prospects for further research in this direction are directly related to the study of the structure of knowledge in the field of law.

Europe and the Ummah: A Legal Inquiry on the Condition of the Muslim Community in a Transforming Continent

This paper is divided into two sections. I. The first is a picture of the reality, and describes the condition of blatant discrimination of many Muslim Communities in Europe, presenting the emblematic example of the places of worship in Italy. The case study looks at some recent decisions of the Italian Constitutional Court. The Court declared unconstitutional certain norms of two regional laws approved by the Lombardy region (2/2015) and by the Veneto region (12/2016) which provided for very strict conditions for the opening, approval and use of mosques. In particular, the Court declared unconstitutional norms where – for the building of places of worship – they introduced certain conditions for groups with an agreement with the State and different conditions for those without. Moreover, the Court declared unconstitutional the principle of using only Italian for all those activities of common interest for religious services. The basic assumption of the first section is that the current discrimination is the result of antimigration sentiments and prejudices as well as the consequence of the cultural function of religious freedom in the European nation-state. II. The second section is a “should-be” analysis, and explores the potential of contextualizing the Islamic legal culture in the European institutional environment. This experiment, that must be directed by scholars and experts, and is necessary for three reasons. 1. The first is a matter of fact: Muslims are today a relatively small minority in Europe, making up roughly 5% of the population. Yet, the Muslim share of Europe’s total population has been increasing steadily and will continue to grow in the coming decades. 2. The second is a legal argument: in the spirit of pluralism the “European Union”, as a new international entity, was built. “United in diversity” is the motto of the European Union, first came into use in 2000, and it should signify how Europeans have come together, in the form of the EU, to work for peace and prosperity, while at the same time being enriched by the continent’s many different cultures, traditions, languages, and religions. This paradigm is the frame where the accommodation of the Ummah, with her special characteristics, must take place. 3. The third is the address, political and cosmopolitan by nature, of generating a “virtuous circle” in the European legal jurisprudence melting the asset of the Islamic law with the European pluralist and democratic (?) spirit. The basic assumption of the second section is that the current situation of discrimination and marginalization of the Ummah in Europe should improve with a better understanding of the pluralistic vein of the Islamic law, when implemented by the pervasive and pragmatic function of the European theory of pluralism.

In Whose Interests Should a Company be Run? Fiduciary Duties of Directors During Corporate Failure in India: Looking to the West for Answers

This Comment looks at the debate as it has played out in the legal jurisprudence of the U.S. and the U.K. The analysis of each considers the three financial stages of a corporation’s existence that are specifically addressed in the debate today, i.e.: (i) solvency; (ii) insolvency; and (iii) the zone of insolvency. After setting out the current position, this Comment specifically addresses the various shortcomings and criticisms of the models adopted by each jurisdiction and offers observations on the status quo and the implementation of these models. On this basis, this Comment goes on to propose a model to be adopted by India, the Indian legal jurisprudence in this respect still being in its evolutionary stages and lacking the depth and the level of analysis found in the West.

ECONOMIC DEVELOPMENT AND ENVIRONMENT IN THE LIGHT OF INDIAN ENVIRONMENTAL JURISPRUDENCE

The conflict between economic growth and environment is sharper today than ever before, particularly in developing countries like India. India, just like other developing countries, has adopted development strategy based primarily on large-scale industrialization, energy-intensive technologies and biochemical-based agricultural technology which has led to environmental degradation. The legislative and executive efforts have been notable towards Environmental Protection laws and principles in the legal jurisprudence of India, most notably the 46th Amendment to the Constitution of India in 1976 which explicitly laid down Environmental Protection as part of the Constitution and enactment of the Environment Protection Act 1986. Though initiatives have been taken by the Legislature and the Executive, the Judiciary has taken a lead in this race through careful judicial thinking of the Courts which has been very helpful in controlling environmental pollution. Due to non-compliance of its own laws by the State machinery, the Judiciary invented a new method of Judiciary-driven implementation of the regulations in India. Recently judicial activism has provided impetus to campaign against various environmental pollution issues arising in the country. The Indian Judiciary has interpreted Art.21 to give it an expanded meaning to bring within its ambit the right of every citizen to a clean, safe and healthy environment. The author in the current paper aims to analyze how far judicial activism has been effective in bringing about improvement in the environment and also aims to show how sustainable development is important to secure long term economic development in the country and make the economy resilient to future contingencies.

Execution by Nitrogen Hypoxia: The Search for Scientific Consensus

With the declining ability to use lethal injection in executions, states are beginning to take serious consideration of using nitrogen gas in capital punishment. The article first examines the recent shift away from lethal injection and whether nitrogen hypoxia will survive under current legal jurisprudence. Next, the article identifies human studies on accidental deaths from nitrogen. Third, the article examines the recent rise in nitrogen use in suicides and by right to die advocates. Finally, the article compares the use of nitrogen as an execution method with its use as a euthanizing agent in veterinary medicine.

Legal Confidence as a Basis for the Stability of the Legal System of the Society: A Russian Dimension

The article analyzes legal confidence-the most important dimension of social confidence. Confidence in law is a multidimensional and complex phenomenon determined not only by the effectiveness of the work of legal mechanisms but also by the conditions and factors inherent in a particular society. The author examines such aspects as a system of legal confidence, mutual influence of interpersonal and institutional confidence in the legal environment, the balance between confidence and non-confidence. Based on the results of the study, the author concludes that confidence is a key resource that objectively determines the dynamics of legal consciousness and behavior. The more examples of effectiveness of the legal system and jurisprudence an individual sees, the higher his confidence not only in law and its elements, but also in the political order as a whole. In this respect, legal confidence seems to be more institutional and organized type of social confidence. A high level of public confidence in public authorities can minimize the risks of imperfections in the legal system, but it should not replace it.

Hallmark of Legal Development: Justice Obaseki Through His Cases

Tanto Nomini Nullum Par Elogium – Of this great man, no praise is adequate. The headstone of Niccolo Machiavelli’s tomb, in Florence, Italy, had this alluring epitaph etched into it only years after his demise. Niccolo is not alone in the tribe of beings marked for distinction only after their death. Justice Obaseki is also a man of such community. Very rarely in history have people got together because of a common interest in a judge. Justice Andrews Otutu Obaseki is an exception. Justice Obaseki is known to have made countless memorable pronouncements that have greatly contributed to our legal jurisprudence.

Freedom of Information in the EU in the midst of Legal Rules, Jurisprudence and Ombudsprudence: the European Ombudsman as Developer of Norms of Good Administration

European Ombudsman – Free access to information in the EU – Regulation No 1049/2001– Standard of assessment used by European Ombudsman – Legal norms versus norms of good administration and whether good administration can be understood outside legality – European Code of Good Administrative Behaviour and the rather ambiguous concept of maladministration – European Ombudsman as developer of norms of good administration in the area of free access to information – A rather limited role as developer of norms of good administration for the European Ombudsman in individual decisions – Role in ‘translating’ the case law into somewhat more accessible jargon and explaining how existing principles and norms of good governance apply to the circumstances of a specific case – Own inquiries as a policy instrument for advising EU institutions and agencies on how to deal with certain aspects pertaining to access to documents and transparency – Interesting interplay between European Ombudsman and the courts

Fontes de informação jurídica

Enfoca a informação jurídica, discutindo suas características e importância para os juristas, com ênfase nas fontes de informação jurídica, ressaltando a legislação, jurisprudência e doutrina, além de destacar a rapidez com que elas se renovam, tornando a informação, ainda recente, ultrapassada. Apresenta as principais fontes de produção da informação jurídica e a comunidade de usuários. Sugere, então, estratégias para o bibliotecário jurídico melhor gerenciar suas atividades diante das mudanças e da diversidade dos novos suportes informacionais, a fim de alcançar a plena satisfação e valorização dos usuários.

التوثيق المعلوماتي في الاثبات الجنائي وحماية حقوق الإنسان = Information Documentation in Criminal Evidence and Human Rights Protection

بصمة المخ | الأدلة العلمية العصبية | التكييف القانوني | مشروعية بصمة المخ | الاثبات الجنائي | الأدلة والدلائل | الفقه القانوني | الشريعة الإسلامية | صورة فحص المخ عن الجريمة | مرحلة جمع الاستدلالات | Brain Fingerprinting | Neurological Scientific Evidences | Legal Characterization | Legality of Fingerprinting | Criminal Evidence | Legal Jurisprudence | Islamic Law | Evidence Collection Stage

The Right to Know and the Right Not to Know Revisited: Part One

Prompted by developments in human genetics, a recurrent bioethical question concerns a person’s ‘right to know’ and ‘right not to know’ about genetic information held that is intrinsically related to or linked to them. In this paper, we will revisit the claimed rights in relation to two particular test cases. One concerns the rights of the 500,000 participants in UK Biobank (UKB) whose biosamples, already having been genotyped, will now be exome sequenced, and the other concerns the rights of pregnant women (and their children) who undergo non-invasive prenatal testing (NIPT)—a simple blood test that can reveal genetic information about both a foetus and its mother. This two-part paper is in four principal sections. First, we sketch the relevant features of our two test cases. Secondly, we consider the significance of recent legal jurisprudence in the UK and Singapore. Thirdly, we consider how, the jurisprudence apart, the claimed rights might be grounded. Fourthly, we consider the limits on the rights. We conclude with some short remarks about the kind of genetically aware society that we might want to be and how far there is still an opportunity meaningfully to debate the claimed rights.

Issues in Emerging Area of Sports Law: Lex Sportivaa

While commentating upon the ‘law as a system of rules’, Salmond took ‘contract bridge’ as an example . At that time, Salmond would not have imagined that the rules of game would take such a proportion that it would necessitate a separate branch of study called ‘sports law’. Well, now sports law has a definite position in legal system and new sports law jurisprudence – lex sportiva is emerging. Increasing interaction between the sports and law has led to the development of sports law. Sports touches varied areas of law and the legal principles are adapted to the situation in sports. Areas of law like contract, tax, competition, discrimination share a boundary with sports when issues arises relating to performance of a contract or selection of a player on the basis of racial discrimination. There are larger issues of match-fixing, doping, and violence too. However, there is a haphazard development of sports law, reason being most of the rules being governed by various organization and as Salmond said ‘a person is subject to the rules of the game only when he plays the game.’ There are other areas like advertising rights, restraint clauses for players in contracts. The problem gets still larger when it comes to international sports where we already are under the porous roof of international law. The present article traces the development of sports law and points out key issues in sports law. The paper has five parts. First part deals with the introduction of sports law which includes the development of ‘sports law’ from ‘sports and law’; difference between amateur and professional sports, international sports law and global sports law. The second and third part discusses about the international sports federations and international sports organizations respectively. Fourth part discusses various issues involved in sports law and the paper ends with discussion on status of sports law in India.

Tata Kelola Dana Desa dalam Rangka Implementasi Undang–Undang Nomor 6 Tahun 2014 Tentang Desa di Kecamatan Krian Kabupaten Sidoarjo

The village is a collection of people who live together or a region, which has a government organization with a set of rules that you define yourself, and under the leadership of the village were selected and assigned its own. Since the enactment of Law No. 6 of 2014 on Village hereinafter called the Village Law. In the course of this village there is a translation of the Act detailing government regulations on the management of village finances. Of PP 43 in 2014 and converted into PP 47 2015 and of PP PP 60 in 2014 to 8 in 2016, there are some things that lead to the necessity of adjusting the legal basis on the village's financial management practices. The problems of this research focuses on the mechanism of channeling funds Krian village in the district of Sidoarjo regency and use of village funds to realize good governance in Sidoarjo. And finally, this study aims to Analyze fund disbursement mechanism villages to villages in Sidoarjo and analyze procedures and the implementation of the use of funds village in Sidoarjo. The method used in this study is a socio legal research approach jurisprudence which use the social sciences, by applying social science perspective to the study of law. Including legal sociology, legal anthropology, legal history, psychology and law, political science studies judiciary, comparative linguistics, as well as other scientific. Legal research is performed to find a solution to the legal issues that arise. The results to be achieved is to provide a prescription of what should be.

Analysis of Criminal Responsibility of Users of Chemical Weapons in International Documents

The article is written entitled "Analysis of criminal responsibility of the users of chemical weapons". The issue of chemical weapons and criminal responsibility of users of this weapon is very important because countries like Iran starting a war of aggression and invasion against violations of humanitarian law, international criminal is not considered responsibility for the instigators of war. This study aimed to explore international responsibility of individuals and legal assign and use of chemical weapons and the role of domestic law in support of victims of such weapons has been developed. The main hypothesis of this study tries to answer this question that what challenges are dominant criminal responsibilities of users of chemical weapons. It states that; the impact of global powers on international issues are the lack of law, guarantees, good performances and the most important challenges is the lack of cooperation by governments. This research, descriptive analysis of documents, according to primary sources, including data and legal jurisprudence and secondary sources, including laws papers has been developed. The findings of this study show that, the principles of international law banning the use of chemical weapons, in addition to the contract law, is customary international law, hence, even if the country has no weapons of mass destruction also a member of the international conventions, proscription, in case of violations of international humanitarian law can still be prosecuted in the s.

Analysis of the legal and policy framework applicable to Combat Vesico Vaginal Fistula in Nigeria and systemic challenges to their implementation

Vesico Vaginal Fistula (VVF) is a major public health issue affecting women in developing countries, even though it is both preventable and treatable. There is a high prevalence of the ailment and also a large number of untreated victims in Nigeria. Against this background, this examines the factors responsible for obstetric fistulas especially VVF in Nigeria. The author agrees with the prevailing opinion among women’s human rights activists and other stakeholders, that these factors are either a direct violation of human rights, especially of girls and women, or a consequence of the infringement of their human rights. To this end, this work attempts an examination of the international, regional and national legal and human rights frameworks applicable to address VVF. The article highlights that unfortunately there are systemic challenges in the Nigerian legal jurisprudence itself operating as obstacles to the implementation and enforceability of those applicable laws. The work concludes with suggestions to overcome the identified challenges.

The trailing trials of humiliation: Legal, social, and medical perspectives of women facing domestic violence in India

Globally, violence within the home is universal across culture, religion, class, and ethnicity. Despite its widespread prevalence, such violence is not customarily acknowledged and has remained invisible-a problem thought unworthy of legal or political attention. The social construction of the divide between public and private life underlies the major problem of addressing the hidden nature of domestic violence against women. Legal jurisprudence has historically considered the domain of the house to be within the control and unquestionable authority of the male head of household. Thus, acts of violence against members of the household, whether wife or child, were perceived as discipline and essential for maintaining the rule of authority within the family. Except for sensational cases, the fear of social isolation and inhibition has caused the insidious everyday violence experienced by huge numbers of women to be hidden in the private domain. In this review, we make an attempt towards briefing the legal, social, and medical perspectives of women facing domestic violence.