Legal Perspective Research Articles

A chance for countries to support Ireland's world‐leading cancer warning labels for alcohol containers

AbstractIreland has regulated for all packaged alcohol products to include a health warning that states that ‘there is a link between alcohol and fatal cancers’. This warning is being opposed in the World Trade Organization by 12 member states who are raising that the warning is an unnecessary barrier to trade. The World Health Organization is supporting Ireland. Countries should not oppose Ireland's warning which is defensible from legal and public health perspectives.

Entre vozes e silêncios

The field of legal anthropology has widely debated Indigenous Peoples’ justice practices. However, the legal perspective of sexual offenses remains understudied. In this respect, this paper depicts the Arhuaco people's justice system, from the spiritual and political entities to the procedure, and sanctions, touching upon how the homogenized society influences Indigenous People’s justice in Arhuaco society. Furthermore, this work explores how the Arhuaco people resolve cases in which community members are allegedly responsible for committing sexual crimes. It also highlights some challenges connected to raising this type of offense and its lack of trust in authorities, disregard for the victim's version, and the difficulty of verifying these cases. During the fieldwork in the Arhuaco territory, the applied method follows some parameters of the procedural paradigm-legal conscience studies as an interpretive framework to understand how the Arhuaco women conceive the legal phenomenon. As a result, this study offers some insights into the Arhuaco women's perceptions of justice, specifically concerning sexual abuse cases. Such a perception is analyzed based on the Arhuaco women's political position, cultural and lineage origin, illustrating how they constantly go through inter-legality practices to claim justice for sexual offenses.

RECONSTRUCTING CHILD CUSTODY POST-DIVORCE IN ISLAMIC FAMILY LAW: A BEST INTEREST OF THE CHILD-BASED APPROACH IN THE CONTEMPORARY ERA

The concept of child custody post-divorce has been a critical issue in Islamic family law, particularly in light of contemporary debates surrounding children’s rights and welfare. In recent decades, there has been a growing emphasis on the Best Interest of the Child (BIC) standard, which has shaped custody decisions in Western legal systems. This article explores the integration of the BIC principle within Islamic family law, specifically addressing how it can be reconstructed to align with modern child welfare needs. Through a comprehensive literature review, the paper examines Islamic legal sources, including the Qur’an, Hadith, and classical fiqh, to evaluate the traditional understanding of child custody in divorce cases. It further investigates the compatibility of Islamic principles with international human rights frameworks that advocate for the child's best interest. The article highlights the challenges and opportunities in adapting Islamic family law to contemporary child custody norms, considering cultural, legal, and societal factors. It also compares the Islamic approach with Western legal perspectives on child welfare, identifying areas for potential reform. The findings suggest that while Islamic law provides a strong foundation for protecting children's rights, it requires contextual adaptation to ensure the child’s best interests are consistently prioritized. This research calls for a balanced and progressive approach to reforming child custody practices within Islamic family law. Ultimately, it aims to contribute to a more child-centered framework in Islamic legal systems, offering insights for policymakers and legal practitioners.

Analyzing the impact of viral marketing on brand equity dimensions in Egypt’s home appliances sector: A customer and legal perspective

In the digital age, viral marketing has emerged as a key driver in shaping brand equity, particularly in the highly competitive Egyptian home appliances sector. Traditional marketing strategies have proven insufficient in reaching consumers with the same efficacy as viral campaigns, which leverage digital platforms and consumer networks. This study examines the influence of viral marketing on brand equity dimensions – brand awareness, perceived quality, brand loyalty, and brand association – through the lens of both customer perception and legal frameworks Using a quantitative research design, data were collected from 270 respondents across 389 companies, with a response rate of approximately 70% of the total population in Egypt’s home appliances sector, with simple linear regression analysis employed to assess the relationships. The results indicate a strong positive effect of viral marketing on brand equity. Specifically, viral marketing accounts for 27.2% of the variance in brand awareness (R² = 0.272, p < 0.001), 28.1% in perceived quality (R² = 0.281, p < 0.01), 13.6% in brand loyalty (R² = 0.136, p < 0.05), and 40.9% in brand association (R² = 0.409, p < 0.001). Furthermore, the study finds that regulatory compliance plays a moderating role, ensuring that viral marketing campaigns remain within ethical and legal bounds, thereby enhancing consumer trust and the long-term impact of marketing efforts.These findings highlight the strategic value of integrating viral marketing with a firm understanding of legal frameworks to optimize brand equity in Egypt’s home appliances industry. This research provides actionable insights for brand managers and marketers looking to maximize the efficacy of their viral campaigns while maintaining brand integrity. AcknowledgmentThe authors are thankful to the Deanship of Graduate Studies and Scientific Research at University of Bisha for supporting this work through the Fast-Track Research Support Program.

Legal Perspective on the Risk of Copyright Infringement by AI-Generated Contents in China

Legal Perspective on the Risk of Copyright Infringement by AI-Generated Contents in China

Rights of nature, indigenous communities and land property: legal perspectives from Latin America

Abstract This article presents some dialogues between the recognition of rights of nature, indigenous communities and land property rights in the context of Latin American legal innovations in recent years. To do so this paper is framed within a socio-legal perspective that involves the analysis of a corpus of documents made up of regulatory texts at national and local level, including constitutions, laws, and ordinances related to the topics as well as relevant court rulings.

O TRABALHO INFORMAL, A ECONOMIA INFORMAL E OS DEFASIOS ASSOCIADOS À PRECARIZAÇÃO DO TRABALHO

The lack of effective public policies to address the precariousness of informal work has profound consequences, including increased social inequality, economic vulnerability, and the violation of labor rights. This issue is relevant not only from an economic point of view, but also from a legal and social point of view, as it involves the protection of fundamental human rights, such as the right to decent work and social protection. By critically analyzing existing legislation, identifying gaps, and proposing new legislative approaches, the survey can offer valuable insights for the formulation of more effective public policies and for strengthening the legal framework for the protection of informal workers. Additionally, by considering the nuances and complexities of the legal issues involved, research can help develop more sophisticated and relevant legal theories and concepts to address emerging labor market challenges. Although there is a vast academic literature on informal work and the precariousness of work, there is a significant lack of studies that address these issues from an in-depth legal perspective. The proposed research will fill this gap by providing a detailed analysis of the legal issues related to informal work and identifying concrete legal strategies to address the challenges of job insecurity. In this way, it will contribute to the advancement of legal knowledge in this area and to the development of more effective approaches to address the challenges of informal work and precariousness.

URGENSITAS PEMBATASAN MASA JABATAN LEGISLATIF PERSPEKTIF RADBRUCK THEORY

The lack of regulation on the length of time someone can hold a legislative position is a significant issue in Indonesia. It can lead to abuse of power and hinder the fair execution of duties. Instead of protecting people from executive intimidation, the reform movement has created opportunities for unchecked legislative power. This article discusses the importance of limiting the length of legislative terms from philosophical, sociological, and legal perspectives, as proposed by Radbruck. Implementing specific regulations as part of the 1945 NRI Constitution can help address the legal gaps that currently allow excessive legislative power. This can be achieved by updating laws related to elections, political parties, and legislative bodies and refining candidacy requirements in electoral regulations. Any new regulations must align with the philosophical, sociological, and legal values of enforcing those regulations.

The challenges in the utilization of marine genetic resources in national and international jurisdictions from a legal perspective

This article examines the legal challenges associated with the utilization of marine genetic resources (MGR) at both the national level and beyond national jurisdiction (BBNJ). The legal challenges addressed are as follows: 1) MGR are located across various jurisdictions, encompassing both national and international domains. The analysis starts with an overview of the international regulations that govern the utilization of genetic resources (GR) and their influence on national legislation. It emphasizes the principle of state sovereignty over natural resources while defining MGR and determining ownership; 2) It further highlights the intersection of national and international laws, particularly in transboundary contexts and within Indigenous and Afro-descendant peoples (IADP) territories, analyzing how these regulations are interpreted and applied in such scenarios; 3) The legal challenges related to the use of MGR in international waters are examined. Special emphasis is placed on the recent United Nations (UN) Agreement concerning this issue. This includes an analysis of its impact and specific provisions related to the utilization of MGR, such as the quantity to be collected, the methodology employed, collection sites, among others. The article concludes by asserting that the equitable distribution of benefits from the use of GR should begin at the earliest stages of access to these resources, including project planning and sample collection, rather than being delayed until the patenting and commercialization phases. Early benefit-sharing is essential for promoting fairness and equity in the use of MGR.

Elite sense-making in the core executive: the case of Denmark’s 2020 Minkgate Scandal

Abstract This article analyzes the Danish Mink Scandal of 2020 using Karl Weick’s sense-making theory. It zooms in on the 72-hour decision-making process that led to the culling of Denmark’s entire 17 million farmed-for-fur mink population in response to the perceived threat of coronavirus disease 2019 (COVID-19) forming a new mutation. Since there was insufficient legal justification for the culling, the prime minister was forced to call a snap general election, leading to a change of government. We exploit detailed data material containing text messages, e-mail correspondence, documentary material, and specific inquiries. The article demonstrates the strength of Weick’s social–psychological perspective on sense-making for public management research. It shows how time pressure can cut across heavily institutionalized standard operating procedures. It can increase the centralization of the decision-making power at the apex and decouple the formal legal responsibilities, which remain institutionalized with the line ministries. The study argues that sense-making offers learning points that cannot be obtained from formal legal perspectives, which are used to assign responsibilities. Indeed, ex-post thinking may be too convenient—traditional solutions like punishing leaders or agencies may obscure the discovery of more systemic vulnerabilities when crises unfold.

Evidently Not: Why Confessions Are Excluded in Jewish Criminal Jurisprudence

Abstract Of all the principles in classical Jewish law that stand out from a comparative legal perspective perhaps none is more notable than the ban on self-incrimination in criminal procedures. Contrary to the most basic evidentiary assumptions of other ancient legal systems, this principle differs fundamentally from the right to remain silent that is part of both early modern and modern legal systems. Only rabbinic jurisprudence incorporates an outright exclusion of criminal confessions. Despite receiving much scholarly attention over the centuries, this principle’s fundamental justification relating to the rule of law and the public pursuit of justice has gone unnoticed. This article explores this salient jurisprudential perspective, and sheds new light on this principle by contrasting the Jewish legal approach with the primary modes of criminal adjudication that were adopted in the West. What emerges from this comparative analysis is that this seemingly anomalous principle actually reveals much about the core commitments and values of Jewish law. These, in turn, have substantial implications for certain contemporary legal practices and dilemmas.

The Digital Rights and Interests of the Elderly and Their Legal Protection

Abstract: As digitalization advances, safeguarding the digital rights of the elderly is a growing concern. This paper examines legal measures to protect elderly rights in the digital age, using literature review and case study methods, with data from legal documents and national statistics. The elderly have obvious disadvantages in the application of digital technology, which not only hinders their ability to benefit from the achievements of the digital society but poses a challenge to achieving universal digital inclusion. In addition, this paper proposes an improvement plan from a legal perspective, aiming to improve the digital literacy of the elderly and narrow the digital divide through technological innovation and scientific popularization. In short, ensuring the digital rights of older adults requires a joint effort from the government, society, businesses, and families, including strengthening the rule of law, optimizing the policy environment, and promoting age-friendly technology. Such measures are essential for effectively improving the digital quality of life for older adults, helping them integrate better into the digital society, and enjoy its benefits

Legal Perspective on the Use of Artificial Intelligence in Corporate Governance in Nigeria: Potentials and Challenges

Abstract From a legal standpoint, this paper critically examines the potential and challenges in deploying Artificial (AI) Intelligence in corporate governance in Nigeria. The examination revealed that leveraging AI in corporate governance could enhance corporate efficiency in Nigeria through improved decision-making, risk management, financial reporting, and stakeholder protection and engagement. However, possible bias and data privacy breaches are significant risks that pose ethical challenges when AI is deployed in corporate governance. Particularly, Nigeria is bisected by several socio-economic challenges, such as a lack of a robust AI framework and insufficient technological expertise to develop and optimize AI systems. Furthermore, Nigeria currently lacks comprehensive national AI legislation, thereby resulting in the absence of a legal basis for the effective deployment of AI in corporate governance and board management. Against this backdrop, this paper proposes an AI-based corporate governance framework, which can be adapted into future legislative reforms to streamline decision-making processes and improve board accountability and stakeholders’ protection in companies. Overall, it argues that AI legislation and policies are vital to the success of efforts to implement AI-based corporate governance in Nigeria.

Imprisonment and Human Rights in Israel: Uncertainty and Volatility

This article provides an overview of the key issues in international and Israeli human rights standards related to incarceration from a legal and sociological perspective. We argue that the Israeli imprisonment system is currently undergoing uncertain changes, showing high volatility due to its historical development and normative nature. Our account of the tensions between punishment and human rights in Israel over recent decades suggests that this field is highly volatile, making it difficult to predict future developments. Although Israel’s constitutional and human rights-oriented reforms seemed to indicate progress, Israel also experienced a series of harsh and regressive statutory and penological reforms.

Undifferentiated Potency and Chiefly Punishment: A Phenomenological Analysis of Flogging in Botswana

In light of recent controversies surrounding judicial flogging in the customary courts of Botswana, this article surveys journalistic coverage of the issue and seeks to establish an account of flogging as a cultural practice. Drawing on legal, sociocultural, and phenomenological perspectives, it argues that flogging is deeply embedded in social hierarchies of age, rank, and morafe membership, and can be interpreted as a disciplinary practice aimed primarily at unruly youths. Morafe elders teach proper modes of public comportment that involve managing thoughts and behaviors, a practice termed here bodily modulation. Through bodily modulation, individuals convey an understanding of botho, or ‘humanness,’ expressing their existential interdependence with others and cultivating the social relationships that sustain their personhood. Flogging and its enmeshment with other aspects of Tswana life point to the theme of undifferentiated potency in Tswana thought, of which law is only one instantiation among others.

Shariah Compliance in Fintech App Solutions: An Islamic Legal Perspective

Shariah Compliance in Fintech App Solutions: An Islamic Legal Perspective

Policy Note: Special Taxes for Special Times? A Critical Analysis of Fiscal Crisis Responses with an Earmarking Feature in the Context of EU Law

Do special times require special taxes? The answer may not be the same from a legal, political, or economic perspective. One type of answer that legislators in Europe – both on the national and the supranational level – have given to the crises that make our times special are fiscal measures targeting extraordinary profits, revenues, or even assets while reserving the collected revenue for specific purposes. This article discusses the arguments for and against such earmarked crisis response measures in the context of their implications in the framework of EU law. It argues that specific earmarks may be attractive for reasons of political psychology such as health expenditure or inflation relief for households and firms. However, they may have unintended legal consequences by putting the respective measure into the scope of other legal regimes such as social security or banking regulation. The article contributes to the current debate about appropriate fiscal measures in times of crisis by pointing to examples of such direct and indirect interactions with primary or secondary EU law based on earmarking.

Penglipuran Tourist Village, Kubu Village, Bangli Regency, Bali in Maintaining the Sustainability of Cultural Values and Bamboo Forests: A Legal Sociology Perspective

The development of the Penglipuran tourism village based on culture ensures the welfare of the Penglipuran indigenous community. The profit-sharing management pattern with the Bangli Regency government Based on the Cooperation Agreement with the Penglipuran Traditional Village Concerning the Management of Tourism in the Penglipuran Tourism Village Number 415.4/23/PKS/PKKP/2020; Number 01/S.P/X/2020; concerning the Management of the Penglipuran Tourism Village. The Penglipuran traditional village is entitled to a reward of 60% (sixty percent) of the gross levy results. Deposit all levy results (gross) every week/7x24 (seven times twenty-four) hours to the Regional Treasury through the Receiving Treasurer at the Bangli Regency Tourism and Culture Office. This Cooperation Agreement is valid for five (five) years starting from January 1, 2021. No later than 2 (two) months before this cooperation agreement ends, the parties agree to notify each other of their intentions if they wish to extend this cooperation.

Analysis Of Conflict In Society Regarding The Pros And Cons Of Boycotting Israel Products

Boycotting Israeli products has become a controversial issue in various countries, because it is related to the Israeli-Palestinian conflict. In Indonesia itself, the movement to boycott Israeli products is a step to support Palestinians indirectly, but not all people agree and there are pros and cons to boycotting Israeli products. This research aims to analyze the public response regarding the movement to boycott Israeli-affiliated products and its impact on society in 2019-2024. The research method used is the library research method. This research uses an empathetic approach in examining the phenomenon of social movements boycotting products affiliated with Israel by society. The results of this research indicate that boycotting Israeli products is a strategy that has positive and negative impacts that must be considered in depth. Therefore, the decision to support or oppose a boycott must be based on a comprehensive analysis. This article explores various arguments for and against boycotting Israeli products, by analyzing the economic, social and political impacts and considering legal and human rights perspectives. Through this approach, it is hoped that it can provide a deeper understanding to the public about the importance of boycotts as our humanitarian steps

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.