Legal Norms Research Articles

The Quiet Quote: Thoughts on Quotation Norms and Plagiarism in the Judeo-Arabic Culture of the High and Late Middle Ages

Abstract In this paper, I strive to emphasize the phenomenology of quotation norms among Medieval Jewish scholars in an Islamicate context. The examined texts shed new light on the theme of plagiarism. The article ponders a fascinating connection raised in Jewish tradition between the legal normativity of quotation and the eschatological doctrine of deliverance. This research is both philological and comparative and stands at the intersection between law, literature, and philosophy. The last parts of the article show that the concept of plagiarism is a later phenomenon and that the discourse in this regard is modern by all means. It is connected with concepts such as intellectual property, which is mostly grounded in human rights discourse. In the appendix, I show the reductio ad absurdum of this phenomenon in modern times and address the heightened complexity of the issue in the technological era, with the promotion and growing influence of artificial intelligence.

“It Requires Privacy”: Sharing a House in Thirteenth-Century Paris

AbstractAnalysis of a legal ruling by Yehiel of Paris (d. ca. 1260) in a rental dispute between two Jewish men sheds light on aspects of Jewish life in a major medieval European city. Two Jews rented an apartment from a Christian owner, and a dispute arose when one of the tenants left mid-term and his replacement, also a Jewish man, tried to renew the lease directly with the landlord. The original tenant claimed the exclusive right to renew the lease and that he was unwilling to share the apartment with the new tenant as this would impinge on his privacy in use of the lavatory. This article attempts to unravel the legal and cultural dimensions of the dispute and the demographic and architectural realities underpinning it. The article maintains that the disputants’ legal arguments drew upon both Jewish legal tradition and the legal norms of the rental market in Paris. The legal and cultural significance of privacy in the medieval urban context also plays an important role in the case.

The Perfect Storm: Artificial Intelligence, Financialisation, and Venture Legalism

AbstractThis article analyses the limits of legal norms and institutions in holding to account the emerging power of Artificial Intelligence (AI) and Machine Learning. It demonstrates how a symbiosis of capitalism and new forms of digital power is mutating to produce novel and dangerous styles of organised irresponsibility that go beyond the reach of conventional legal mechanisms. It draws on the work of Pashukanis, Baudrillard, and Alain Supiot to show how this transformation is taking place. Referring to the role of AI in the spread of Financial Technologies, it introduces a new term – ‘venture legalism’ – to describe how unprecedented risks are currently being created. It concludes by observing how ethical and democratic registers are equally implausible modes of accountability.

Legal entity of the Catholic Church as a participant in Land and Mortgage Register proceedings in Polish law – selected issues

This article evaluates the legal norms related to real estate trading by legal entities of the Catholic Church in the context of land and mortgage register proceedings. First, the issue of the legal entity of the relevant church legal entities is presented. Next, the principles of the representation of church legal entities by the competent authorities is analysed. This is important both for the capacity to undertake a substantive legal action, the subject of which is real estate, and for examining the effectiveness of procedural steps taken in the course of land and mortgage register proceedings. The last part is devoted to real estate trading with the participation of church legal entities in the context of the principles resulting from the regulations of land and mortgage register proceedings. The research leads to the conclusion that for land and mortgage register proceedings, it is of fundamental importance to assess the effectiveness of a legal act in the context of the specific requirements of canon law, examples of which are Canons 1281 § 1 of the Code of Canon Law with regard to acts exceeding the limits and manner of ordinary management, and Canons 1292 § 1–2 of this Code making the validity of alienation dependent on the consent or authorisation of the competent entity. The absence of the consent or authorisation required by the provisions of canon law should lead to dismissal of the application for entry, which can possibly be remedied by a subsequent confirmation of the legal act performed by applying the instruments of civil law, as exemplified by Articles 39 and 63 of the Civil Code. In addition, the implementation of the principle of the autonomy of the Catholic Church is expressed in leaving to the church authority regulation of the appointment of the competent bodies of church legal persons; the land and mortgage register court cannot question the effectiveness of the appointment of these bodies, the assessment of which is left to the Catholic Church and its organisational units.

Innovation amnesia: Technology as a substitute for politics

This paper outlines a theory of amnesia in the face of innovation: when apparent technological innovations occasion the disregard of preexisting cultural, legal, and infrastructural norms. Innovation amnesia depends on cultural patterns that appear to be increasingly widespread: the valorization of technological innovation and the sensation of limited political space for reforming social arrangements. The resulting amnesia is by default an extension of existing structural inequalities. If innovations arise through deploying concentrated private wealth, the amnesia will likely target institutions that facilitate collective power among less powerful people. Up and down social hierarchies, however, achieving amnesia through innovation can bear irresistible allure. When other paths for structural change become mired in inertia or gridlock, amnesia may appear to be the only available pathway to reform. The purpose of a theory of amnesia is to assist affected communities in noticing it when it occurs and wielding it to their advantage, particularly through mobilizing self-governance around moments of innovation.

Islamic Family Law Perspective on Marrying Pregnant Women

Background. Sexual intercourse between a man and a woman without a valid marriage contract is called zina. Zina does not differentiate between a girl, a man, a husband or a widow, a wife or a widower. Islamic law strictly forbids zina, never even approaching zina. One of the consequences of zina is pregnancy outside of marriage.. Aims. This article examines pregnant marriage from the perspective of Islamic law in the four imams of the school of thought, and the Compilation of Islamic Law. Method. The study uses a normative legal approach. Results. Pregnant marriage is a marriage with a woman who is pregnant outside of marriage, either married to the man who impregnated her or to the man who did not impregnate her. The Marriage Law only implicitly regulates the marriage of pregnant women, namely in Article 2 paragraph (1). The Compilation of Islamic Law regulates the marriage of pregnant women in Article 53. The differences of opinion among scholars regarding the marriage of pregnant women due to adultery do not bring blessings to the community. The Compilation of Islamic Law states that children resulting from adultery legally do not have a kinship relationship with their father, even though the father formally acknowledges and legitimizes that the child is his own child. They do not have the intended relationship, be it family relationships, guardianship in marriage or inheritance issues. The child only has a bloodline relationship with his mother.

THE OBLIGATION TO RECOMPOSE THE DELETED AREA IN ACCORDANCE WITH THE FEDERAL CONSTITUTION AND FEDERAL INFRACONSTITUTIONAL LEGISLATION

This paper aims to emphasize the obligation to restore areas of native vegetation that have been removed without authorization from the competent environmental agency, in accordance with the 1988 Federal Constitution and other infra-constitutional federal legal norms, especially the 2012 Forest Code. For this paper, for areas of native vegetation, only the areas of Legal Reserve and Permanent Preservation Areas were considered. The methodology used was a bibliographical research, in which authors who made the topic relevant beyond federal legislation and the Federal Constitution were sought. It was found that the obligation to restore is “propter rem”, with the holder of the use of the property being obliged to restore the removed or degraded area, even if it was not the cause of the environmental liability. The areas of Legal Reserve and Permanent Preservation must contain a minimum percentage defined in accordance with the 2012 Forest Code, depending on the condition of the rural property before or after June 22, 2008 and also depending on the size of the property. It is noted that the national legal system has a specific law for the recovery of degraded areas, which is the National Policy for the Recovery of Degraded Areas. Thus, it is the duty of the public authorities and the community to maintain an ecologically balanced environment, and the restoration of suppressed or degraded areas is one of these duties.

The Phenomenon of Model Legislative Acts of the Interparliamentary Assembly of the Commonwealth of Independent States in Decisions of Courts of the Russian Federation

This study is focused at studying decisions of courts of the Russian Federation, containing references to model legislative acts and other documents of the Interparliamentary Assembly of the Commonwealth of Independent States (hereinafter referred to as the IPA CIS).Aim. Determine the types of appeals by courts of the Russian Federation to the texts of the recommendatory acts of the IPA CIS, adopted for the purpose of forming and implementing coordinated legislative activity on issues of common interest to the member states of the organization.Tasks. Collect and study acts of the Constitutional Court of the Russian Federation, the Supreme Court of the Russian Federation, as well as the system of federal courts of general jurisdiction and arbitration courts headed by it.Methods. The disclosure of the main trends in the courts’ resort to model laws and other documents of the CIS IPA occurred according to the following criteria: level and type of court that adopted the decision; the entity on whose initiative the appeal to the model act of the CIS IPA took place, as well as the consequences of the initiative on the part of the applicant or other participant in the process; the meaning (variant of manifestation) of the model document in the court ruling.Results. The study showed that courts at all levels of the judicial system of the Russian adopted decrees, rulings and decisions adopted in constitutional, civil, criminal and administrative proceedings, the content of which included references to model legal provisions. The initiative to use model legal norms came both from the court and from other participants in the process.Conclusion. The court decisions collected for the study presented different options for the use of model laws and other documents of the CIS IPA by courts, which provides grounds for redetermination of the nature of model legislative acts of the CIS IPA.

A Political Perspective of the Law in the Copyright Law on Investment in Micro, Small and Medium Enterprises Umkm

Economic growth is based on a healthy and solid investment cycle, especially for micro and small entrepreneurs. In this case, regulations related to investment in micro and small businesses do not fully reflect the equal relationship between medium and large business stakeholders and micro and small businesses. In preparing this article, the author used a normative juridical method that requires accurate data to be able to analyze existing legal problems, both in the form of primary data and secondary data. This research finds problems related to what factors are needed by the government to develop MSE investment from a progressive legal political perspective. This research uses a literature review method with a normative legal approach to statutory regulations. Based on this analysis, to increase the competitiveness of Micro and Small Enterprises in the implementation of Law Number 11 of 2020 concerning Job Creation from a political-legal perspective, an innovative government strategy is needed. This can be done by increasing the morality of Business Actors in accordance with the values of the Fifth Principle of Pancasila. In increasing the competitiveness of MSEs in the Legal Politics of the Job Creation Law, there needs to be a progressive Government strategy, namely by fostering greater morality of business actors, as mandated in the Principles. fifth. This can be achieved by recognizing progressive factors in the Government, namely: 1) Stabilizers; 2) Facilitator; 3) Regulators; and 4) Catalyst. This will accelerate the growth of Micro and Small Businesses efficiently and competitively without relying on the government on a large scale.

Adolescent Autonomy and Family Authority: A Bedtime Negotiation Based Perspective

For adolescents, consultation with their parents about bedtime is an awareness of personal autonomy and an understanding of legal norms and the relationship between authority and the governed. The article analyzes the difference between the ideal bedtime and real-life flexibility, emphasizing parents’ adaptability in rule-setting and respect for children’s autonomy. At the same time, the protection of children’s rights under international law and the different definitions of children in various cultural and legal contexts were emphasized. The article’s conclusion shows that, given the specific circumstances of each adolescent and the uniqueness of the family environment, it is impossible to prescribe a fixed bedtime suitable for all adolescents simply. This conclusion underscores the need to consider individual differences and practical life needs when setting family rules, as well as the importance of maintaining family order while respecting children’s autonomy.

INTERNATIONAL AND NATIONAL LEGISLATION ON DOMESTIC VIOLENCE PREVENTION AND COMBATING

Domestic violence remains a critical issue that negatively affects the physical and mental health, economic status and social integration of victims. The purpose of the study is to summarise international and Ukrainian legal norms, standards and policies aimed at preventing and combating domestic violence. Research methods: comparative analysis and content analysis to study international conventions, national legislation and regulations. International and national legal acts are aimed at ensuring effective countermeasures against this phenomenon, protecting the rights of victims and creating conditions for the prevention of violence. In general, as of today, a sufficiently strong legal framework has been created to combat cases of domestic violence, and this also applies to Ukrainian legislation, which also tries to respond to existing challenges by adopting a number of laws and by-laws. The state has also introduced a number of mechanisms to support victims, including social and psychological assistance centers, shelters, and mobile teams. The results of the study showed that international documents such as the UN Charter, the Universal Declaration of Human Rights, the Convention on the Elimination of All Forms of Discrimination against Women and the Istanbul Convention play an important role in shaping the legal framework for combating domestic violence. In Ukraine, the legal framework also includes a number of legislative acts, such as the Law of Ukraine ‘On Preventing and Combating Domestic Violence’, which provides for comprehensive measures to protect victims. However, the problem of domestic violence remains relevant and requires further research and legal improvements to ensure effective implementation of international standards and improve the effectiveness of national measures.

Opportunities for nursing and midwifery research in Bulgaria

Abstract Background The training of nurses and midwives today is at university level and follows established standards. The 2009 Global Standards for the basic nursing and midwifery education of the World Health Organization requires that the curricula should include basic knowledge and skills for scientific research to implement evidence-based health care. In Bulgaria, scientific research among nurses and midwives began in 2000 and has seen more serious development in the last 5 years. Methods A content analysis of normative documents was carried out, to regulate the conduct of scientific studies and the curricula for the two specialties. Results In all documents on the activities of graduate nurses and midwives, activities related to conducting scientific studies are regulated. No mandatory discipline for these competencies is included in the basic education. In Bulgaria, there is a bachelor’s and master’s program only in Health Care Management, in which sociology, statistics, and research methodology are studied. From 2000 to 2016 nurses and midwives defended doctoral dissertations in a program for medical doctors. The first doctoral program for nurses and midwives is from 2016. There are no legal norms for stimulating and provide conducting clinical research, and to ensure evidence-based practice by nurses and midwives. Conclusions The normative regulation of scientific activity among nurses and midwives in Bulgaria corresponds to international and European requirements, but the opportunities for training are limited. The responsibility of nurses and midwives to modern society is to ensure high quality in health care provided by: a. providing opportunities for clinical studies; b. implementation of evidence-based health care and practice; c. developing programs for training for research in health care. Key messages • In Bulgaria, there is a legal norms for conducting nursing research, but not for evidence-based practice. • There is a need for more opportunities to train and encourage clinical nursing research.

Autonomy of the will: evolution of juridical doctrine and legal norms

In the article on the basis of statistical methods, the use of the term “autonomy of will” in judicial acts by the law enforcement officer is characterized. It is noted that the meaning of the relevant legal category is not sufficiently defined, which is the reason for its relatively rare (in comparison with “freedom of contract”) use in the texts of court rulings. Amendments made to civil legislation concerning decisions of assemblies, pre-contractual relations and the procedure for changing and terminating multilateral agreements are interpreted as the result of a change in the legal paradigm supported by a legislator. Deeply realized over the years of the functioning of the market economy, reinforced by data from related fields of scientific knowledge, the ability to regulate public relations in a decentralized manner by the will of many people has changed the ideas about the nature of the autonomy of participants in civil turnover, the nature of centralized regulation of public relations and the meaning of legal norms.

Legal Consequences of Notarial Deeds Made Not In Accordance with The Provisions of Article 16 Paragraph (1) Letter M UUJN

Notarial documents are important legal evidence, but their validity depends on the fulfillment of the provisions of the UUJN, especially Article 16 paragraph (1) letter m. This research aims to analyze the legal consequences of notarial deeds that do not comply with the provisions of Article 16 paragraph (1) letter m of the UUJN, as well as understand the responsibilities of notaries in ensuring the validity of the documents they create. This research uses a doctrinal approach by analyzing legal norms through a literature review of relevant literature and legal sources. The main focus is on the legal consequences of notarial deeds that do not comply with the provisions of Article 16 paragraph (1) letter m of the UUJN. The research found that a notarial document that is not read and signed in the presence of the parties involved potentially loses its evidentiary power and is considered an underhand deed. Notaries are fully responsible for this mistake, which can result in administrative, civil and criminal sanctions. The obligation to read the deed orally by the notary is essential to ensure that all parties understand the contents of the document and agree to its terms. Violation of this obligation not only harms the parties involved but also undermines the integrity of the notary profession. The conclusion of this study confirms that the fulfillment of the provisions of Article 16 paragraph (1) letter m of the UUJN is mandatory to maintain the validity of notarial deeds.

Проблемы в осуществлении родительских прав родителем, проживающим отдельно от несовершеннолетнего ребенка

This article discusses legal problems in the exercise of parental rights to communicate with a minor child by a conscientious and law-abiding parent living separately from the child.The relevance of the topic is justified by the weakening of the traditional institution of the family, which is characterized by a continuous increase in the number of divorced marriages and, accordingly, an increase in the number of single-parent families.The legal framework regulating the exercise of parental rights is analyzed.It examines how much the real legal status of a separated parent differs from the declared one and whether it is sufficient to carry out parental responsibilities for the upbringing and development of a minor child.It is shown that in the current legal reality, the equality of rights and responsibilities of spouses after their divorce is not respected, since the parental rights of a separately living parent are significantly limited, which ultimately leads to the actual loss of responsibility for raising the child by this parent. Keywords: Parental rights, parent, minor child, legal norms, family code, constitution, court, guardianship, separate residence, equality of rights and responsibilities, marriage, single-parent family.

THE PHILOSOPHY OF FREEDOM AND ITS LIMITS: UKRAINIAN EXPERIENCE OF DEMOCRATIC DEVELOPMENT

The purpose of this research is a philosophical reflection on the category of freedom in the context of Ukraine’s democratic development, with a focus on its limits in light of current political and social challenges, particularly war and crises. The study analyzes the historical stages of the concept of freedom in Ukraine, the legal and ethical constraints placed on it, and the existential dimension of responsibility tied to individual choice. The research methods include critical analysis of philosophical and political works, synthesis of approaches from different philosophical schools (particularly liberalism and existentialism), comparative analysis of freedom and responsibility concepts, and systematic analysis of the legal and ethical challenges facing modern Ukrainian society. The results of the study reveal that the concept of freedom in Ukraine has specific historical features, related to the ongoing struggle for national independence, and dynamically changes under the influence of external threats and internal political processes. It is determined that the limits of freedom are shaped not only by legal norms but also by ethical and societal factors that actively shape Ukrainian public discourse. Special attention is given to the existential dimension of freedom as responsibility, which manifests in complex moral choices in the context of war. The scientific novelty of the article lies in the combination of historical, legal, and existentialist approaches to understanding freedom in the context of Ukrainian democratic development, providing deeper insights into the relationship between freedom and responsibility during periods of social crises. The theoretical significance of the work lies in expanding the philosophical understanding of the category of freedom within the Ukrainian context, its interaction with legal and ethical norms, which is essential for further research in political philosophy and law.

LEGAL ENSURING THE SUSTAINABLE DEVELOPMENT OF THE AGRICULTURAL SECTOR OF UKRAINE UNDER THE CONDITIONS OF EUROPEAN INTEGRATION

The article defines the main normative legal acts to ensure the transformation of the government agrarian policy of Ukraine after the signing of the Association Agreement between Ukraine and the European Union, which will allow further legislative changes to be made in the construction of the government mechanism for the sustainable development of the agricultural sector of Ukraine in the conditions of European integration. The purpose of the article is to research the regulatory and legal support of the agricultural sector of Ukraine in order to justify further changes in the government sectoral policy of Ukraine in the conditions of European integration. A number of basic legal acts regarding the development of government agrarian policy and various mechanisms of government regulation of individual sectors of the agrarian complex were analyzed, the main of which are: Concept of the development of rural areas for the period until 2025, Concept of the development of farms and agricultural cooperation for the period of 2018-2020, Resolutions of the Cabinet of Ministers of Ukraine «On the Functioning of the Government Agrarian Register», Law of Ukraine «On State Assistance to Business Entities», Government Regional Development Strategy for 2021-2027, Draft Concept of Rural Development until 2030, UN Transitional Framework Program 2022- 2023, resolution «On Amendments to the Procedure for the Use of Funds Provided in the Government Budget for Providing Support to Farms and Other Producers of Agricultural Products». The principles of government support for agriculture in Ukraine, the key goals of the development of rural areas and agricultural activity, the key vectors of sustainable development of the agricultural sector of Ukraine on the way to European integration have been determined. Based on the analysis of the regulatory framework, conclusions were made regarding the long-term prospects of the agrarian policy of Ukraine.

Judicial Activism in Pakistan: A Comparative Study of CJP Saqib Nisar and Umar Ata Bandial

This paper provides a detailed discussion of judicial activism in Pakistan, comparing the eras of two vastly different Chief Justices, Saqib Nisar and Umar Ata Bandial. This paper explores the core and contentious issues of activism on the court, the gains and pains of judicial activism, the impacts of activism on rights and freedoms, the impacts of activism on the executive, and the impacts of activism on social justice. Through discussion of the Mukhtar Mai and Blasphemy cases in the context of the cases, the study focuses on the additive role of the judiciary in common legal and social questions. In addition, the paper addresses the problems of caseload, public perception challenges, and security issues affecting the judiciary. For this reason, international views are incorporated to situate Pakistan’s judicial processes. Moreover, the paper compares the aggressive behaviour during the tenure of Chief Justice Nisar to the passive stance of the present Chief Justice Bandial and how they caused either favourable or unfavourable shifts in legal norms and society. Finally, the study provides specific suggestions for judicial reforms in the scenarios of case management, access to justice, and cooperation with international organizations in order to strengthen the judiciary as a result of Pakistan’s developing legal structure.

Searching for Justice: Indigenous Self-Determination over the Landfill Search as a Matter of Justice for MMIWG2S

“Search the Landfill” is an Indigenous-led movement for justice for missing and murdered Indigenous women, girls, and Two-Spirit people (MMIWG2S) which originated through Indigenous resistance to police racism in Winnipeg, Canada. The movement calls upon all levels of government to support and execute the search of the Prairie Green Landfill, just north of the City of Winnipeg, to recover the bodies of at least two of four First Nations women who were murdered in early 2022 at the hands of a white male serial killer. Through an analysis of the news articles, press releases, and reports, this paper explores the way in which Indigenous leaders resisted and rewrote the discourses that surrounded the search. By at once condemning the Winnipeg Police Service’s refusal to search the landfill and rejecting police authority and control over the decision-making process, Indigenous women who became the leaders of this movement crafted the space to articulate for themselves how and why the search must be done as a matter of Indigenous rights. This paper explores how Indigenous leadership offers glimpses of what a decolonizing approach to justice may look like in cases of MMIWG2S and which, in turn, invites further opportunities to problematize, subvert, and move beyond the Western legal norms and traditions.

Study of Supreme Court Decision Number 2580 K/Pdt/2016 on Divorce from Mixed Marriage between Indonesian and French Citizen

This research examines the legal aspects related to divorce in mixed marriages between Indonesian citizens (WNI) and foreign nationals (WNA). In the context of marriage, which is a fundamental event in human life, the issue of mixed marriage is becoming increasingly relevant as interactions between countries increase. This research focuses on analyzing the Supreme Court's decision in Decision Number 2580 K/Pdt/2016, which dealt with a divorce between an Indonesian citizen and a foreigner from France. Using normative legal methods, this research explores the legal norms governing divorce in mixed marriages and assesses the consistency of the applicable law in Indonesia. The findings show that there are legal complexities at hand, especially regarding jurisdiction and children's rights, where the Supreme Court's decision has the potential to influence the handling of similar cases in the future. This research is expected to provide insight into the challenges of the Indonesian judicial system in dealing with international divorces as well as the legal implications resulting from the decision.