Legal Precepts Research Articles

Legal Analysis of the Patient-Nurse Relationship Regarding Nursing Administration in Accordance with Health Law Number 17 of 2023

Human rights within the realm of healthcare demand tangible realization through Health Development initiatives aimed at enhancing the well-being of individuals, families, and society by instilling robust health practices. Positioned as a fundamental national objective, underscored in the preamble of the 1945 Constitution of the Republic of Indonesia, the pursuit of Public Welfare necessitates the enactment of Health Development measures. Such endeavors find manifestation through the facilitation of healthcare services, inclusive of nursing care. Within the evolving landscape of scientific inquiry, concerted efforts have been made to optimize nursing services, leveraging the pivotal role of educational institutions and allied stakeholders. The advent of Law Number 17 of 2023 concerning Health, heralded on August 8, 2023, stands as a watershed moment, furnishing nurses with a blueprint for elevating service standards. The purview of this discourse encompasses an exploration into the Legal Safeguards for Nurses in Nursing Administration and a Legal Analysis of Patient-Nurse Relations vis-à-vis Nursing Administration, as delineated in Law Number 17 of 2023 concerning Health. Adopting a juridical normative research approach, which draws upon legal precepts enshrined in statutes, judicial pronouncements, and societal legal norms, this study relies on library research methodology to unearth theoretical underpinnings and research imperatives. With regard to the rights and obligations delineated for nurses and patients in nursing administration, a deeper exploration reveals intricate regulations embedded within Article 273 of Law Number 17 of 2023 concerning Health, specifically articulated in Part Nine, addressing the rights and obligations of medical and health personnel. Further elaboration is provided in Paragraph 1, which expounds upon the rights and duties incumbent upon medical practitioners and health professionals, including nurses. Meanwhile, the responsibilities incumbent upon medical and health personnel in the execution of their professional duties are codified in Articles 274 and 275. Delving into patient entitlements, Article 276 elucidates the rights of patients within the ambit of healthcare legislation, while delineating corresponding obligations in Article 277. Keywords: Patient, Nurse, Nursing Administration, Health Law

Sovereignty and the Persistence of the Aesthetic

British constitutional thought tends to understand sovereignty in legalistic terms, with the concept often equated with the doctrine of parliamentary sovereignty. As Loughlin and Tierney have recently argued, this approach obscures the political considerations which undergird the legal precept. In this article we argue that this approach misses a third, and essentially important, dimension to sovereignty. Law, politics and aesthetics all play equally important parts in constituting the essential structure of the concept. We elaborate this claim through a reading of some prominent accounts of sovereignty within the history of political modernity. At bottom, aesthetics is concerned with the ways in which the body's senses are stimulated and ordered; it therefore includes pictorial representation, ideation and imagination, as well as affect, instinct and habituated feeling. We argue that these different elements are usefully understood as all pertaining to a distinctive, and persistent, aesthetic dimension which is essential to the sovereignty concept.

Overview of Healthcare-Related Infections in Intensive Care Units of a public hospital

Introduction: Healthcare-Associated Infections are illnesses acquired after the patient's admission to the hospital unit and which manifest themselves during hospitalization or after discharge. Aim: To analyze the panorama of health-related infections in patients admitted to intensive care units. Outlining: Cross-sectional, retrospective study, collected from the Hospital Infection Control Commission database in a public hospital from July to December 2022. Crude and adjusted odds ratios were calculated using logistic regressions. The study followed the ethical and legal precepts of resolution 466/2012. Results: There was a predominance of males and those aged over 60 years. The main clinical problems were co infection with COVID-19 and co-infection with HIV. Regarding previous conditions, Systemic Arterial Hypertension stood out. When analyzing the etiological agents, the presence of Klebsiella pneumoniae showed a marginally significant association with an increase in the chances of death. Implications: The use of invasive devices, prolonged hospital stay and other factors such as age, associated comorbidities, were predictors of mortality among patients, as well as risk factors for the development of Klebsiella Pneumoniae Carbapenemase infection.

IMPLICATIONS OF BAD TRANSLATION OF LEGAL TERMS ON A JUDICIAL CASE: PERSPECTIVES OF ARABIC TRANSLATORS

The question of translation accuracy is at the core of the field of translation studies. Despite the abundance of tools for evaluating translation quality, hardly anything is understood about the consequences of a poorly done translation. Students of translation often find the legal system to be one of the most complex. The translation of judicial documents from English to Arabic and from Arabic to English is particularly challenging due to the differences in linguistic system, legal permutations, and cultural variety between the two cultures. Equally, practitioners of translation use various methods for coping with these challenges. The purpose of this research was to look at the obstacles and issues that Arabic translators have while working on statutory documents and the methods they employ to overcome them. In addition, the story of a wrongful conviction Mazhar Hussain in Pakistan brought about by the inaccurate translation of legal concepts is presented in the paper. This survey gathered the opinions of Arabic translators. Over 70 Arabic translators took part in the survey, which was distributed online. According to the results, the most difficult aspects of translating legal contracts into Arabic are the use of binominal phrases and paralleled structures, the construction of legal sentences, the handling of numerous negatives, and the arrangement of legal texts. Poor translation of legal precepts has far-reaching consequences, as shown by the reported instance of wrongful conviction in Pakistan. The study's findings have significant implications for those working in the field of translation education, as well as for those developing curricula for it. As a result, it's clear that those who translate legal codes require education in the nuances of different legal systems, the influence of other cultures, and the wider repercussions of doing things wrong.

Freedom, Principles and Responsibilities in Research

In this presentation, I address the relationship between the concepts of freedom, principles and responsibility in research and the need to think about the relationship between these three concepts in a social context. Freedom is related to the ability of researchers to develop their research autonomously, choosing their study topics without censorship or coercion. However, such freedom must be problematized its limits, such as, for example, considering respect for human rights. Individual freedom, therefore, has legal and ethical limits, as well as being thought of in terms of collective well-being and the public interest. With regard to the principles, those inherent to the scientific method and those of ethics in research are highlighted. The principles inherent to the scientific method, such as reason and non-contradiction, must be considered in addition to those intrinsic to the specificities of each area of ​​knowledge. Likewise, research ethics presents some principles, among them respect for people, beneficence, non-maleficence and justice, as foreseen in North American principialist bioethics. However, these principles can be considered limited in certain social contexts. Therefore, the Universal Declaration of Bioethics and Human Rights (UBDH) presents at least thirteen principles that can complement the logic of thinking about principles in scientific research in a social context. In turn, responsibility mentions the researcher's obligations in relation to the research carried out. It is the researcher's duty to ensure scientific integrity, not incurring in acts such as plagiarism, falsification or data fabrication. or inventing data, as well as issues related to authorship criteria, following ethical and legal precepts, communicating study results, as well as having social responsibility. It is important to think about the values ​​attached to research and scientific publication today. Does the value of productivity or responsibility prevail? In times of exponential growth of scientific studies and increasing social inequalities, it is fundamental to think about the concepts of freedom, principles and responsibility in the social context research.

Judicialization and right to health in Brazil: a trajectory of matches and mismatches.

This study discusses the impacts of judicialization on the guarantee of the right to health in Brazil and the need to reassess the role of the Judicial system in its protection. We used evidence from the technical-scientific literature and information on the budgetary-financial execution and the acquisition of medicines from the Brazilian Ministry of Health to substantiate the arguments. In 2019, lawsuits consumed 25.2% of the resources of the Specialized Component of Pharmaceutical Care, 21% for 10 medicines. Although the Judicial promotes this right when the State fails to ensure access to medicines incorporated into the Brazilian Unified Health System (SUS), this system compromises access to medicines of the population with the determinations of acquisition of non-incorporated products. The Judicial needs to guide its control over compliance with constitutional and legal precepts in public policies, especially in fiscal policy, given its impact on the financing of the SUS.

‘One always looks for a compromise…’: Senior prison managers’ views of law, human rights and prisoner complaints in Germany

German prison legislation is based on a fundamental rights approach but there has been little examination of how those who should be instantiating a culture of rights in penal regimes – prison staff – view such laws and rights. This question is of cross-national importance. Holding considerable power over people in custody, examining the ways in which prison staff see and act on obligations to protect these individuals provides useful insights into how a culture of human rights in detention exists, or otherwise. In this article, we seek to contribute to the literature on human rights in the context of punishment by examining how senior staff in German prisons view legal regulation, prisoners’ rights, and the mechanism designed to protect them: complaints. Drawing on 24 interviews conducted in four prisons across two Federal States, we find that the principle of resocialisation, considered to be a core feature of German prison law, is influential on prison managers. German prison legislation links this principle to prisoners’ rights, including the right to complain. Managers valued the law as a form of guidance though were more positive about legal regulation when it was used by them rather than against them or the prison system. Some saw legal precepts as useful ways of defending themselves against threats of litigation or blame. While the study finds that law is highly present in prison manager culture in Germany, the principle of resocialisation in prison management practice may have created a view of prisoners as people to be in need, rather than worthy of rights.

La eficacia de la prueba y el principio de economía procesal en materia civil

The Ecuadorian civil legal system has been immersed in long and slow processes, which has generated the wear and tear of both the judicial apparatus and the administration of justice. In search of improvements for this situation, the Ecuadorian legislators have raised in the civil legal system, a series of procedural principles, governing evidence and evidentiary activity, which aspire to a better application of justice. This inductive research, with a qualitative approach, has as a general objective: to critically analyze how impertinence, impropriety or illegality in obtaining and/or producing evidence violates the principle of procedural economy and with it, due process. In addition, exegetical methods and bibliographic review have been applied, which have allowed us to conclude that there is no respect for due process in terms of the evidentiary activity of numerous non-criminal cases, which has a decisive influence on the delay and delay in the administration of justice in Ecuador, despite the constitutional and legal precepts in this regard.

Coffee was once Ḥarām?

This paper attempts to address many misconceptions regarding the coffee controversy, which engulfed the Muslim world in the tenth/sixteenth century. It argues that rather than there simply being an oppositional binary of scholars permitting or forbidding coffee, in fact, a number of other positions can actually be discerned in the legal debate, namely that of recommendation and disapproval. Furthermore, it argues that besides holding the balance of power insofar as being the majority position, jurists who deemed coffee to be a permissible substance resorted to a number of epistemically powerful indicators to refute the prohibitionists, such as experimentation and the testimony of numerous individuals that the drink did not intoxicate or bring about any adverse side effects. In addition, by referring to some important but oft-ignored conventions pertaining to fatwās, the author argues that not all scholars typically labeled as being prohibitionists of coffee may have deemed the drink to be forbidden. Instead, many of them simply based their answers exclusively on the information provided to them by the questioner, in accordance with the legal precept that “the jurisconsult is the prisoner of the questioner.” This paper is unique in its depth and comprehensiveness as it studies all the existing scholarly views on coffee. Furthermore, it provides a detailed study of the proceedings of the Meccan Assembly. Regarding the assembly, I argue that the attending jurists actually disagreed on the drink’s ruling and that the different forms of evidence provided by the prohibitionists are not persuasive from a legal viewpoint.

Ulpiano vence al odio: la victoria del estado de derecho sobre el terrorismo a la luz de “El mal de Corcira” de Lorenzo Silva

El mal de Corcira is a novel by Lorenzo Silva, in which Bevilacqua (a member of the Civil Guard) is set to investigate the murder of a former ETA supporter, and recalls the years he had fought terrorism. When the terrorist group ceases to exist, Bevilacqua is able to reflect on the fight, in a mixture of personal experience memoirs from his youth with the knowledge he had gained with age. In his thoughts, Bevilacqua reveals the totalitarian ideology of ETA, highlighting the Law as the ideal form to fight terrorism, and pointing to the importance of not accepting hate ideologies that plan to threat freedom. The main lesson from the novel is to avoid the plague of Corcyra (which Thucydides wrote about when reporting the Peloponnesian War) in our days, and that the hatred that poses danger to social peace and freedom be overcome by the legal precepts of Ulpian.

VICTIM’S CONSENT IN SEXUAL HARASSMENT IN THE WORKPLACE

La introducción normativa del acoso sexual en nuestro ordenamiento, produjo la necesidad de abarcar un análisis de sus elementos constitutivos. De esta forma, hasta ahora se entendía -por definición- que el acoso sexual se trata de una conducta indeseada por la víctima que vulnera sus derechos fundamentales. A través de este trabajo, empero, intentamos abordar la labor de determinar cuáles son los contornos de dicho consentimiento, evidenciando la existencia -en su origen- de elementos culturales que reproducen estereotipos que en definitiva oscurecen el correcto entendimiento de este fenómeno. De este modo, buscamos establecer criterios de interpretación respetuosos del derecho de género, que faciliten su aplicación, en el sentido de entender que la exigibilidad normativa relativa a la falta de consentimiento, no constituye una causal de exclusión del acoso sexual, sino el objeto mismo de protección de la norma.

Public policies against criminal assets in mexico: challenges and opportunities from the north border states

Given its vast border with the United States, Mexico is a strategic trade and economic development region, which creates significant challenges in combating crime and violence. In recent years, Mexico´s federal and state governments have focused their efforts on the development of strategies to combat and weaken the criminal structures operating in the country by using legal instruments such as seizure, abandonment, and extinction of domain. This study seeks to identify the challenges faced by the states of Baja California, Chihuahua, Coahuila, Nuevo Leon, Sonora, and Tamaulipas in their efforts to combat crime through the collection of primary and secondary data and interviews with key actors. Mexico faces major challenges in the development of public policies to fortify the legal precepts of extinction of domain, in addition to fostering institutional links with the Financial and Patrimonial Intelligence Units of Mexico's northern Border States. There are few studies about subnational efforts for asset forfeiture as a policy instrument against criminal elements in developing countries. The Mexican case presents important subnational efforts to improve security strategies that may provide guidance for other subnational governments or regions that may be facing similar challenges or are pursuing parallel initiatives.

Artificial Intelligence and Natural Law: а Challenge to Be Overcome

Since the last century, computer science has not stopped growing, innovating and producing changes in society. Facing these changes, the legislator is called to create certain rules that can accompany computer science and, especially, artificial intelligence (AI) in its constant development, providing legal security to users, to the scientific and business community and, in general, to the whole society. The problem posed by artificial intelligence focuses on the fact that law will have to create institutions in order to regulate the “behavior” of these computer systems, which today have wide autonomy. Law, conceived to regulate the behavior of the human being, needs to make substantial changes in its interior. This study aims to analyze this situation in the light of the theories that consider natural law as the foundation of law. For this purpose, in a first phase, artificial intelligence, its definition and characteristics were analyzed, as well as the legal areas where there is concern about the changes originated from the introduction of the AI. Then, general considerations about natural law, its definition, functions and importance are presented. Finally, observations were made about the advisability of considering natural law theories, in the search for solutions to questions presented in the legal field by the evolution of AI in society. This study is documentary-type, based on the consultation and consideration of different specialized texts on the subject. The special technique of direct observation was used to describe and analyze homogeneous characteristics of the phenomena studied, so it is classified as a descriptive study. The study of AI allows us to observe the benefits it has given to society areas such as medicine, entertainment, public administration and even in the practice of law through systems that allow helping lawyers. Some of the problems analyzed are those related to civil liability, personal data protection, algorithm contracts and transhumanism. Some emblematic cases regarding the use of AI are presented, as the case of the citizenship granting to a robot endowed with AI, the consideration of the copyright of a work created through AI in China and the discovery of powerful drugs. It was also possible to determine that the legal problem of AI is in the degree of autonomy that these systems possess. The analysis of natural law allowed us to observe its influence on the creation of the current conception of law and its formative and critical function. The doctrine, in the search for a solution to this problem, has proposed to use a dogmatic consistent with the theories that support contemporary law, without resortingto unsustainable fictions. The proposal of a new legal status for autonomous artificial intelligence systems seems to be a viable solution. Theories of natural law could be useful to guide the formulation of legal precepts applicable to the subject of artificial intelligence; in addition, to provide deep and effective criticisms of the proposed solutions. These new rules must present a solution within the values and principles of the legal system, which respects its unity and maintains the main value of the person.

IMPLEMENTAÇÃO DAS SALAS DE RECURSOS MULTIFUNCIONAIS: TEMPOS VIVIDOS E VIVENCIADOS.

Este relato de experiência fora escrito por profissionais atuantes no Atendimento Educacional Especializado, nos anos de 2014 a 2017, a fim de ilustrar aos leitores o processo de implementação da primeira sala de Recursos Multifuncionais, no município de Arraial das Flores, servindo de ilustrações para futuras instalações e implementações. A intenção desse relato é apresentar como foram as experiências vividas nas primeiras salas de Atendimento Educacional Especializado na cidade de Arraial das Flores, apresentando toda trajetória desde a organização do espaço – com os materiais disponibilizado pelo Governo Federal até o funcionamento da sala de A.E.E, discorrendo sobre as duas salas que possibilitaram meios e recursos, ao desenvolvimento da aprendizagem do estudante com deficiência. Para realização do relato de experiência fora feita uma revisão de bibliografia na área afim, contendo embasamento teórico, além das experiências vividas pelas profissionais atuantes no Atendimento Educacional Especializado no dado munícipio. Vale ressaltar que a implementação aconteceu de acordo com os preceitos legais, assegurando Atendimento Educacional Especializado a todas as crianças com deficiência, regularmente matriculados nas escolas municipais.

Rational Shari’ah: Ahmad Qabel’s Reformist Approach

This article introduces the late Ahmad Qabel (1958–2012), a new figure among contemporary Iranian religious reformers. Qabel, a progressive mujtahid, proposed the creative theory of Shari’at-e ’Aqlani in order to reform stagnant Shari’ah rules and align the application of legal norms and precepts with the space-time considerations of modern life. Critical of the superficiality of traditional jurists, who led into abeyance the progressive rational praxis within classical Shi’i theology and jurisprudence, Qabel revived and employed these rational principles in his novel method of ijtihad. This paper has four sections: first, there will be a short biographical sketch of Ahmad Qabel. The second section surveys the trajectory of the development of Shi’i fiqh in order to set the backdrop for Qabel’s arguments. Then, I will discuss some of the major rational principles which constitute the heart of Qabel’s methodology. In the last section, the practical results of Qabel’s Shari’at-e ’Aqlani are presented through some of his unconventional fatwas, which, though solidly based within the Shari’ah, took on controversial topics such as women’s rights, religious minorities, jihad, and Islamic government.

Nursing in the immediate care of the victim of sexual violence

Objective: to analyze in the main literature how the nurse's performance should be in the face of emergency care for the victim of sexual violence, identifying the main challenges in the immediate care of this victim. Methodology: it is an integrative literature review, with a qualitative approach and descriptive characteristics of the theme in question. The survey was carried out from February to November 2019, by the Virtual Health Library, in the databases: Lilacs, Medline, Bdenf and Ibecs, using the descriptors: Sexual violence, AND Violence against women, AND Nursing care. Another search was carried out on the Google Academic virtual library platform, with the descriptors: Sexual violence ”AND“ Nurse ”AND“ Notification. The time frame of both searches was from 2014 to 2018. The initial survey was 659 articles. After complete analysis, there were 14 articles that made up the final sample of this research. Results: the nurse is responsible for actions of identification, prevention, guidance, assistance to the victims and notification of the incident. Using as a tool the nursing process with anamnesis, physical examination, diagnosis, planning, implementation and evaluation of nursing. The latter also has the responsibility of not forgetting the ethical, moral and legal precepts that involve cases of violence. Conclusion: The studies analyzed showed numerous challenges in the immediate care of victims of sexual violence, such as the scarcity of materials and supplies, inappropriate places for care, which must be individualized and reserved so as not to expose intimacy and respect the patient's dignity. As well as non-physical barriers such as the lack of human resources, which generates work overload for the team.

Теоретико-правовая природа нормативного регулирования в Закавказье в начале XIX в.

The author’s intention is to study the theoretical and legal essence of normative legal acts in force in Transcaucasia at the beginning of the 19th century. Through the provisions of legal acts and plots of historical and legal history, an attempt is made to explication and theoretical and legal analysis of the regulatory legal regulation of social relations and its ideological paradigms. The theoretical and legal basis of the analysis was the work of legal theorists. The regulatory framework of the study was constituted by the regulatory legal acts of the Russian Empire at the beginning of the 19th century. The methodological basis of the study was the general dialectical method of scientific knowledge, methods of empirical and theoretical nature (description, formalization, comparison, analysis, generalization, deduction and induction, hypothesis). Based on the analysis of the content of historical legal acts, it can be concluded that the doctrine of regulatory regulation was determined by the priority of state interests, which contributed to the development of public law branches of law. Legal regulation was carried out by local bylaws containing, as intended, regulatory and protective standards. The constituent legal precepts found themselves in the fundamental acts that legally formalized the most important institut ions of society. Power regulations in the form of expression as a whole were binding, and by the method of legal regulation were imperative.

Iêmen: A Pior Crise Humanitária do Mundo

O presente artigo tem por escopo analisar a pior crise humanitário do mundo, à luz dos preceitos jurídicos internacionais, mormente o Direito Internacional dos Direitos Humanos e o Direito Internacional Humanitário. Para tanto, analisamos o escopo normativo do Direito Internacional Humanitário, para posteriormente entrarmos em nosso estudo de caso, isto é, a crise humanitária no Iêmen. Para isso, tecemos a evolução histórica do contexto político do país, até chegar nos dias atuais. Elencamos a importância geopolítica da região, e o interesse dos Estados vizinhos no território Iemenita. Por fim, avaliamos as violações ao Direito Internacional Humanitário (DIH) e ao Direito Internacional dos Direitos Humanos (DIDH) decorrente do conflito no país. Sendo assim, utilizamos do método dedutivo hipotético, com base em pesquisas bibliográficas, análise documental e revisão bibliográfica.

Semiotic Interpretation of the Sign ‘Ecclesiastical Court’ Within the Framework of Legal Precepts in Terms of Temporality and Spatiality (Case of Russia)

The article aims to provide a semiotic interpretation of the sign of the Ecclesiastical Court within the legal framework from temporal and spatial perspectives (case of Russia). The starting point of the research is the idea that the history of the Russian Ecclesiastical Court is inextricably linked to the history of Russian society and secular court. Consideration of the pre-revolutionary ecclesiastical and secular law helps us explore principles of the ecclesiastical proceedings and organization, identify contradictions in understanding modern Ecclesiastical Court. Its sign is not only limited to the legal interpretation. In his novel The Brothers Karamazov, Dostoevsky F. M. gave the sign of the Ecclesiastical Court symbolic meaning and, thus, expanded it beyond the existing legal framework. The Ecclesiastical Court is one of the symbols of Russian spirituality which is reflected in the concept of “Russian soul”. Rational elements of the sign of Ecclesiastical Court as well as its sensual and metaphorical (represented visually in the author’s pictures in this article) components, are analyzed using the category of Truth. Clearly, the Cross is sign-symbol for Christianity. But if applied to the concept of Ecclesiastical Court, the Orthodox Cross becomes a sign-index. As a result, several semantically heterogeneous meanings of the sign of Ecclesiastical Court are revealed and described.

Análisis: control de la acusación. Sentencia del 11 de diciembre de 2018, corte Suprema de Justicia

Pese a que el control que se le hace a la acusación criminal supone un medio para proteger los derechosfundamentales de los acusados, en tanto limita la discrecionalidad de la Fiscalía para que se ciña a los hechos jurídicamente relevantes y a las pruebas obtenidas legalmente, este no se lleva a cabo en el procedimiento penal colombiano porque no hay un precepto legal que lo regule o lo instituya.
 Para llenar ese vacío legal y garantizar el derecho al debido proceso y a la recta administración de justicia, la Corte Suprema de Justicia propone que el control sea ejercido por un juez de conocimiento. Este artículo analiza si la postura adoptada por la Sala de Casación Penal, en la Sentencia de 11 de diciembre de 2018, se ajusta a los presupuestos del Estado social y democrático de derecho y a los fines del derecho procesal penal. Se concluye que la respuesta ofrecida por la Corte para la resolución de problemas que acarrea la ausencia de control a la acusación es insuficiente, pues, si el juez de conocimiento ejerce tal control, se contamina con los hechos y las pruebas que estructuran los cargos de la Fiscalía, antes del juicio oral y de que la defensa exponga su teoría del caso. Con ello se violenta la imparcialidad del mismo, al brindar una segunda oportunidad a la Fiscalía para que corrija sus errores, lo cual elimina la igualdad de las partes en el proceso.