Legal Officials Research Articles

Legal Positivism for Legal Officials

AbstractThis paper makes a conceptual prescription: it argues that judges and lawyers should adopt a positivist concept of law, on normative grounds. The positivist view, I will argue, is more consistent with reasonable disagreement and majority rule than nonpositivist views, offers a better view of law’s moral standing, and is more consistent with what Dworkin called ‘integrity’ than non-positivism. As the paper explains, this is an argument about what I call the ‘operative’ concept of law. As such, the argument avoids potential problems for conceptual prescription, and shows why even those who adopt non-positivist views about the nature of law might accept it.

Is Every Law for Everyone? Assessing Access to National Legislation through Official Legal Databases around the World.

Countries all over the world document their statutory law in official legal databases (OLD), but the extent to which these provide effective access to (statutory) law remains unexamined. Ideally, an OLD should be (i) provided online and free for all without requiring registration or payment, (ii) searchable with regard to statutes' titles, (iii) searchable with regard to the full texts of statutes, (iv) provided in a reusable text-based format and (v) comprehensive in its coverage of at least the laws currently in force. To highlight the nature of OLDs as consumer products, we borrow a term from business operations research and refer to a database fulfilling these basic criteria as a 'minimum viable' OLD. We survey 204 states and jurisdictions to assess how far their country-level OLDs adhere to the minimum viability standard. We find that only 48% of them do; 12% of states do not seem to offer any online OLD at all; and a further 40% of countries offer legal databases that lack at least one of the criteria listed above. The quality of legal access is associated with geographical distribution (with Europe faring the best), economic development and a population's overall Internet usage. The results suggest that comparative legal research faces considerable hurdles when dealing with the Global South; that metadata-enriched digitalisation of legal corpora still remains a desideratum for at least half the world; and that the inaccessibility of law may carry high costs for legal practitioners and the wider public.

LEGAL CULTURE DECONSTRUCTION IN INDONESIAN LEGAL SYSTEM

Along with the reformation development in Indonesia, the new demand was created and realized with the implementation of law in society. The implementation of laws and regulations is a critical component of law enforcement. It entails legal officers' and society's willingness to enforce the law in order to maintain social order and establish justice. This research is normative juridical research that provides a qualitative analysis of discussed material by analyzing theories, legal principles, and law. From the research result, it found that the law and regulation in Indonesia is still weak and need to be improved. With the implementation of law and regulations in Indonesia, there are many obstacles and problems faced in its enforcement. As an example, the court justice is still doubt in issuing the law or regulations for the government or any political parties. Legal system consists of three components: legal structure, legal substance, and legal culture. These three elements are interconnected and have positive implications for the development of a responsive legal system. According to the research findings, the Indonesian legal system is repressive because the three elements of the legal system demonstrate its equality.

Legal office

This paper has three aims. The first is to explicate what kind of entity legal offices are and what their specific mode of existence amounts to. The second is to explain in virtue of what these offices can be said to be legal. Finally, third, to show the relevance of the actual use of legal offices for their existence. The main argument is that, ontologically, legal offices are best understood as immaterial institutional artifacts. This is because they can be created only if there is collective recognition of the relevant constitutive norms, which confer the status function of legal office, accompanied by the relevant deontic powers, and can continue to exist only for as long as this recognition is maintained. Furthermore, it is argued that so-called derived legal offices (e.g., the legislature and judiciary) are legal in virtue of the legal norms that constitute them, and the so-called original legal office (i.e., the constitution-maker) in virtue of the citizens’ norm of recognition (i.e., in virtue of its being collectively regarded as a legal office by the relevant community). Finally, the paper argues that as institutional artifacts, legal offices can be said to exist only on the condition that they are, at least initially, filled with officials actually carrying out the deontic powers accompanying the offices they hold and for as long as the initial citizens’ collective recognition of the original officials is not withdrawn.

Legal Office

Legal Office

The Untouchables

According to the current legal situation, the legal protection officers provided for in the Austrian legal system cannot be dismissed due to misconduct in office. The article first shows whether or which options for dismissing these state functionaries are permissible under Austrian constitutional law. In the following, going beyond this specific case, it is analyzed whether the Austrian federal constitution allows state officials to be given a legally inviolable position as a whole.

Implementation of the Master plan for the restoration and development of Leningrad in terms of organizing cultural and educational work in 1945

After the Great Patriotic War, the interest towards the history of the city increased among Leningraders, also the regional cultural identity developed, reinforced by the tragic experience of the siege. During this period, the organization of cultural and educational work in Leningrad became one of the most important activities of local authorities. The article is devoted to aspects of the implementation of the cultural and educational policy in Leningrad in 1945, viewed through the prism of the key principles reflected in the Master Plan for the Reconstruction and Development of Leningrad. The main emphasis in the article is made on the consideration of organizational issues that were under the jurisdiction of the executive committee of the Leningrad City Council of Workers’ Deputies. Even before the end of the war, on March 15, 1945, the Department of Cultural and Educational Work was formed. The key vectors of work were: to restore the tourism potential of the suburbs of Leningrad, organization of museum work in terms of preserving the memory of the Great Patriotic War and the blockade, erection of memorials dedicated to the Leningrad epic… The post-war Master Plan was not fully implemented because of the Leningrad affair. This research problem has not been studied enough, although certain aspects of the topic were reflected in historical, museological and cultural literature. The source base for the study was the regulatory and legal materials and office documentation of the Leningrad City Executive Committee of the 1940s, materials from periodicals, data from official museum sites.

Accounting terminology in English economic discourse (based on India’s The Company Act 2013)

The paper studies the structure and semantics of English-language accounting terminology through a close examination of The Company Act, the official legal document regulating the establishment and operation of India’s commercial companies. The study aims to explore specific terminology occurring in accounting and audit books in the economic discourse, as well as to identify and analyse culture-marked terminology in the chosen field of study. Study results were used to compile a glossary of commonly used accounting terms constituting a part of a unified terminological system. The author has systemised the main notional classes of accounting terminology thus demonstrating its structural nature in English economic discourse, the semantic organisation and conceptual framework of the field-specific terminology system.

A Clubbable Man: Essays on Eighteenth-Century Literature and Culture in Honor of Greg Clingham

A Clubbable Man: Essays on Eighteenth-Century Literature and Culture in Honor of Greg Clingham

Patient’s Medical Records in Brazil: Legal and Regulatory Considerations

This work aimed to research medical records' legal and regulatory definitions as found in force not only in the Brazilian normative systems but also at the Federal and Regional Councils of Medicine (Conselho Federal e Conselhos Regionais de Medicina), particularly their completeness to be accepted by the judicious system. This empirical retrospective documentary research recovered norms, legislations, resolutions, and professional opinions about medical records and some of its parameters, such as content, legibility, and accountability using official legal and regulatory digital platforms. No period limitation was set for document recovery; however, only current ones (still in force) were analyzed in full. Documents that dealt with the content of the medical record per se were included; those that dealt with custody, confidentiality, digitization, and access to third parties were excluded. The Brazilian legislation does not provide a clear definition of medical records or their core content. Nonetheless, its collective nature is recognized. The Federal and Regional Councils of Medicine have issued numerous resolutions and opinions on the matter, clarifying its completeness in nature. Medical Records are a collection of health documents of a patient, which should be readily available upon court request as a complete medical dossier, and must contain legible and signed copies, including all the procedures a person underwent while under care.

Virtue and the Normativity of Law

This paper examines the normativity of law, that is, law’s capacity to guide behavior by generating reasons for action, from the perspective of virtue jurisprudence. It articulates a virtue-based model of law’s normativity according to which the law generates first order reasons for action (that is, loyalty-reasons) that need to be factored in citizens’ and legal officials’ practical reasoning, which consists, primarily, in the search for the best specification of the values involved in light of an account of the good life and the role that the law plays wherein. The outcome of this piece of practical reasoning is a judgment about what ought to be done, the rightness of which depends, on the proposed model, on whether it is a judgment that a virtuous person would characteristically do in the circumstances. This model, it is argued, has distinctive features that set it apart from some prominent accounts of the normativity of law. It may, however, be disqualified as a plausible alternative account of the normativity of law on the grounds that it fails to provide action-guidance. The last part of the paper responds to this objection in a way that unveils the relevance of the social dimensions of virtue to law’s normativity.

Analyzing demographic features of medical abortion applicants in legal medical department of Tehran province between 2020 and 2021

Introduction: We are permitted to terminate the pregnancy for therapeutic reasons or when it is medically necessary for these situations. Sometimes fetal, other times maternal, for these reasons. This indicates that we sometimes do abortions to protect the mother's health, and other times we do so because of defects in the fetus. This study was done to look at the demographics of people who applied for medical abortions in Tehran province's legal medical department between 2020 and 2021. Method: The current study was descriptive-cross-sectional-retrospective, and the legal medical department of Tehran Province's abortion applicants' files between 2020 and 2021 were inspected. The data collecting form from the legal medical office's prepared files and comparing fetal malformations and maternal conditions leading to abortion served as the study instrument. The data was statistically analyzed after being entered into the statistical program SPSS version 24. Finally, requests' outcomes and abortion instances involving maternal and fetal illnesses were analyzed. Findings: The findings showed that the most typical fetal age was between 16 and 19 weeks, the most typical maternal age was between 31 and 45 years old, and 50.8% of women had filed for a license in 1400.

Rule of Recognition and Legal Official’s Duty -- A Reanalysis based-on the Hart-Fuller Debate

This paper is a reanalysis of the Hart-Fuller debate based on the Grudger Informer case, which discusses whether the German court should incorporate morality in determining the validity of laws. Hart proposes that the rule of recognition, customarily practiced by legal officials, is the test of legal validity. Law and morality are therefore not necessarily connected because legal officials have duty to obey the law, represented in the rule of recognition. Fuller claims that law and morality are connected given the fact that extremely unjust laws lose their validity. This paper argues instead that extremely unjust laws cannot be valid still fit in the rule of recognition as the test itself is limited due to political constraint. This is an implication of Hart’s theory that is not directly claimed by Hart.

The Continuity of a Legal System

This article addresses the question whether a legal system can have an identity through time. The jurisprudential debate over the question has been dominated by Hans Kelsen's account of systemic unity of norms, on the one hand, and John Finnis's and Joseph Raz's accounts of the identity of a social system (for example a state) of which a legal system is a part, on the other. Drawing on two previously unexplored situations as test cases for successful explanation, the article demonstrates that the major existing accounts are not wholly satisfactory. A new solution is proposed: it is the practice of legal officials that evinces the criteria for recognising the continuity of the legal system whose officials they are. The article develops an account of the practice's central features and demonstrates that the account supplies coherent solutions to the test cases.

Identify children's rights in the juvenile justice system

The study's objective was to identify children's rights in Juvenile Justice System. The research has been done on the assumption that there are gaps in juvenile laws. The study was based on a desktop research method where both primary and secondary sources of information were utilised. Children in conflict with the law are protected under various legislations both domestically, regionally and internationally, which provides for their rights within the administration of justice. However, Kenya's legal framework has not adequately protected juveniles who come into contact with the law as is a requirement. In conclusion, the study has discovered that laws enacted have gaps, and thus this forms the main reason behind the violation of children's rights within the justice system; if this is not addressed in time, children in conflict with the Law will continue to suffer in several ways. The judicial Service Commission should develop clear guidelines for the courts on how children in conflict with the Law should be handled. There should also be specially trained Legal officers responsible for hearing and determining children's cases. Law Society of Kenya should encourage Advocates and Activists to represent children who are unable to cater for legal fees on a pro bono basis. This should be a requirement for renewals of practising licenses.

Tracing the circulation of emotions in Swiss migration enforcement: organizational dissonances, emotional contradictions and frictions

ABSTRACT Migration enforcement is an emotional field displaying conflicting positions and tensions between bureaucrats and migrants, and within and between organizations. This article conducts an in-depth analysis of emotions within organizational encounters and the role that emotions play between organizations and in the outcome of cases. It examines how emotions directed towards other agencies shape an organizational work ethos and professional standing. Using ethnographic data collected in Swiss migration offices, social services offices and legal counselling offices, this article discloses how such actors ‘feel’ each other and therefore indirectly show how they ‘feel’ the ‘state’ and its policies regarding the creation of migrant subjects and their integration and belonging. While social workers and legal advisors often understand migration policies as restrictive towards migrant individuals, migration officials find themselves in the role of the state defender. Studying their emotions thus facilitates an analysis of the discrepancies between different agencies in the realm of migration administration and of their emotional dissonance, which characterize the migration regime.

Revenge pornography on the internet

Revenge pornography, which is mainly understood as the publication of nude or intimate picturesof another person without their consent, is a phenomenon that is increasing in occurrence andconstantly changing in the manner in which it is carried out. In Kenya, due to the absence of aproper regulatory mechanism, perpetrators continue to carry out their activities with resoundingimpact and devastating effects on the victims. This article uses discourse analysis to explore themotivations behind non-consensual pornography, reasons and motivations for its prevalence,which include revenge and punishment, entertainment/fun, the sexual objectification of women,“slut shaming”, and denigration of the victim’s character. The paper also looks at the legal andgendered aspects that allow the vice to continue being perpetrated. These include the lack ofclearly defined laws that capture the various forms that revenge pornography can take and thelack of well-trained legal officers and law enforcers who can handle reported cases of revengepornography. The article argues in favour of reform of the current legal framework in order toaddress non-consensual pornography as mediated by the tools of digital technology. This includesa clear legal definition of revenge pornography.

Features of the assessment of socio-economic effects arising from the construction of lines of freight maglev transport

Background: Transport is a sector of the economy that is subject to general economic laws, including with regard to issues related to investing in real assets, developing means of production, and ensuring expanded reproduction. Along with this, transport is a strategic sector at the state level, ensuring the functioning of the economy as a whole. In this regard, there are certain contradictions associated with the assessment of the effectiveness of investments in transport infrastructure. In most cases, investments in transport infrastructure are valued similarly to investments in a business project. After the issuance of Decree of the Government of the Russian Federation No. 1512 dated November 26, 2019, the approach to evaluating the effectiveness of investments with state participation has expanded, but it does not fully cover the issues of project effectiveness for the state. Along with this, the classical methods for evaluating the effectiveness of investment projects are subject to great subjectivity in relation to the calculation of social effects, as a result of which their applicability to projects at the national economic level is ineffective.
 Aim: to consider the list of effects arising from the construction of transport infrastructure and determine the methodology for calculating the effects for the state.
 Materials and methods: the research methodology is based on the analysis of methods for financial and economic evaluation of investment projects, as well as macroeconomic methods. The information base of the study is based on the official legal and methodological information of the authorities of the Russian Federation.
 Results: as a result of the study, a list of effects for the state arising from the implementation of transport infrastructure development projects was determined, and the procedure for their calculation was substantiated.
 Conclusion: the study confirms that the currently used methods for evaluating the effectiveness of investments in infrastructure projects for the state do not fully and objectively reflect economic realities. The proposed approach to the assessment will make it possible to carry out a comprehensive assessment of the socio-economic effects from the construction of cargo maglev transport lines and improve the quality of management decisions in the transport sector.

PO044 / #653 CREATING A CLINICAL RESEARCH PROGRAM AND AT YOUR INSTITUTION: COLLABORATIONS, NEGOTIATIONS, REGULATORY COMPLIANCE AND EFFECTIVE CHECLISTS: E-POSTER VIEWING

Currently, identifying a research idea is often a fraction of the entire process of clinical research as regulatory, legal and financial offices are involved. We present our experience in developing a successful pain management/neuromodulation clinical research program. Different from other programs (1) our unique characteristic is its success in acquiring clinical trials stemming from close collaboration between investigators and high qualified research team to create an infrastructure with particular research key tasks and checklist to assist in initiating and maintaining the research pursuits.

How to Answer Dworkin’s Argument from Theoretical Disagreement Without Attributing Confusion or Disingenuity to Legal Officials

AbstractRonald Dworkin’s argument from theoretical disagreement remains a pressing challenge for legal positivists. In this paper, I show how positivists can answer Dworkin’s argument without having to attribute confusion or disingenuity to legal officials. I propose that the argument rests on two errors. The first is to assume that positivism requires legal officials to converge on precise grounds of law when convergence on more general grounds will do. The second is to construe judicial speech too literally. If we pay attention to the pragmatics of judicial speech, we see that judges do not disagree over what the grounds of law are; they at most disagree over how courts should proceed when agreed-upon, though imprecise, grounds of law underdetermine what the content of the law directs in the case at hand.