Legal Reasoning Research Articles

Authentic Deeds as Evidence in Civil Cases

Deeds in law have a very important function and role in proving to resolve legal problems, especially authentic deeds. Authentic deeds in resolving civil cases are very important for determining rights and obligations when a dispute arises from a civil legal relationship. In social life there is always a gap between practice and theory, especially regarding the rights and obligations of the parties. The existing problems are: 1. how to apply Authentic Deed Evidence in civil cases in court, 2. what is the judge's consideration (legal reasoning) in assessing authentic deeds which are argued to have dwaling (mistake), fraud (bedrog) or coercion (dwang) . Based on the analysis of normative juridical research, it will be clear that: First, the application of authentic deed evidence in civil cases in court is based on statutory regulations as stated in statutory regulations, namely Article 1866 of the Civil Code and Article 164 HIR, which consists of: a .documentary evidence, b. witness evidence, c. allegation, d. confession, and oath. Second, that the judge's consideration (legal reasoning) in assessing an authentic deed which is postulated to be dwaling (mistake), fraud (bedrog) or coercion (dwang) is and is based on the existence of general facts and specific facts in making a decision and is based on the judge's confidence in determining The quality of the decision is based on Article 1865 of the Civil Code, Article 163 HIR. According to this system, evidence must focus on the main arguments relating to rights or facts, as long as they are denied by the opposing party.

Italian COSMO-SkyMed atlas: R-Index and the percentage of measurability of movement

ABSTRACT SAR (Synthetic Aperture Radar) satellite interferometry is a helpful remote sensing technique for large areas analyses and monitoring, especially where the study area is difficult to access for practical or for legal reasons. As a result, the use of these techniques has significantly increased over the past three decades. Among the available different satellite constellations displaying different spatial and temporal resolutions, COSMO-SkyMed of the Italian Space Agency (ASI) represents a cutting-edge reality. COSMO-SkyMed constellation, launched in 2007 by ASI, is a valuable Earth observation tool that provides all-weather, day-and-night imaging capabilities with high resolution and a short revisit time. In this study, we produced an atlas for the entire Italian peninsula using two parameters (R-Index and Percentage of measurability of movement), in order to evaluate the quality and a-priori applicability of satellite interferometry data collected by the COSMO-SkyMed constellation. The atlas was obtained by means of the implementation of different model builders in the GIS (Geographical Information Systems) environment, providing a semi-automatic way to generate the above-mentioned outputs. The R-Index describes the likelihood of detecting Permanent Scatterers in mountainous areas, while the Percentage of measurability of movement indicates the percentage of real motion that interferometry can detect at a certain point in the analyzed region. A high-detail Digital Terrain Model (DTM) has been used to identify the most suitable areas for satellite interferometry monitoring and studying. The results of our analysis showed that the R-Index and the Percentage of measurability of movement could be used to pre-evaluate the quality of satellite interferometry data collected by the COSMO-SkyMed constellation. This research has important implications for disaster response, environmental monitoring, and scientific research and is one of a few cases in the world in which a unified representation for an entire country is provided.

Penarikan Kendaraan di Tengah Jalan Sebagai Cara Penyelesaian Wanprestasi di PT XXX Finance

Contractual relationships in the world of economics and business, usually involve an agreement between two parties, each party has obligations or achievements that must be fulfilled. If there is an imbalance in the fulfillment of obligations from one of the parties, default occurs. In this default case, the parties have entered into a murabahah financing contract, but because the debtor does not carry out his obligations to pay, the creditor makes a forced withdrawal by using the services of a third party with the intention of securing the financing object in the form of a car which will then be executed against the murabahah financing object. This research method is a qualitative method. The approach used is qualitative juridical, namely an analysis that bases or relies on legal reasoning, legal interpretation, and legal argumentation in a coherent and sequential manner, using theories, concepts, and legal principles obtained from the results of literature review. The conclusion in the dispute resolution by PT XXX Finance is not in accordance with legal procedures and has entered the realm of tort.

Ročište pre odbacivanja tužbe (čl. 294, st. 2 ZPP) – Forma bez smisla ili smisao bez adekvatne forme –

In the legal doctrine and practice of the highest court in the country, there is a prevailing opinion that a hearing before the dismissal of the lawsuit realizes and protects the right to be heard. At the same time, the right to be heard is identified with the principle of adversary (audiatur et altera pars), that is, with the right of one party to respond to the requests, statements and proposals of the opponent party. Also, it is understood that the denial of this hearing represents an absolute substantial procedural defect from Art. 374 (2) point 7 of the Law on Civil Procedure (ZPP). However, at the hearing analysed here, the plaintiff does not respond to the legal argumentation of the opposing side, but to the legal reasoning of the court. This paper critically examines the content of the right to be heard, more precisely, the traditional understanding of this right. As a result of the analysis, the right to be heard is equated with the right to a hearing, which allows parties to respond to the procedural actions undertaken by their opponent (relationship: partyparty), but also to the court’s legal reasoning (relationship: courtparty), during the course of the hearing. Given that these two forms of the right to be heard do not serve to achieve the same goals, an interpretation of Art. 374 (2) point 7 ZPP is offered through teleological reduction. It implies that only denying a party to respond to the opponents’ actions and statements leads to an absolute substantial procedural defect. While, on the other hand, denying a party to express opinion regarding the legal reasoning of the court, represents a relative substantial procedural defect.

Understanding via exemplification in XAI: how explaining image classification benefits from exemplars

AbstractArtificial intelligent (AI) systems that perform image classification tasks are being used to great success in many application contexts. However, many of these systems are opaque, even to experts. This lack of understanding can be problematic for ethical, legal, or practical reasons. The research field Explainable AI (XAI) has therefore developed several approaches to explain image classifiers. The hope is to bring about understanding, e.g., regarding why certain images are classified as belonging to a particular target class. Most of these approaches use visual explanations. Drawing on Elgin’s work (True enough. MIT Press, Cambridge, 2017), I argue that analyzing what those explanations exemplify can help to assess their suitability for producing understanding. More specifically, I suggest to distinguish between two forms of examples according to their suitability for producing understanding. I call these forms samples and exemplars, respectively. Samples are prone to misinterpretation and thus carry the risk of leading to misunderstanding. Exemplars, by contrast, are intentionally designed or chosen to meet contextual requirements and to mitigate the risk of misinterpretation. They are thus preferable for bringing about understanding. By reviewing several XAI approaches directed at image classifiers, I show that most of them explain with samples. If my analysis is correct, it will be beneficial if such explainability methods use explanations that qualify as exemplars.

Legal Reasoning Judge's Decision in Civil Cases

Introduction: Civil Procedure Law is a legal regulation that regulates how to ensure compliance with material civil law through the mediation of a judge. If there is a person or several people who feel that their rights have been violated or have caused harm to them, then they can file a claim for their rights through the court. Objective: This research aims to know, understand, and discover the nature of legal reasoning (legal reasoning) regarding a Judge's decision in a civil case and to know, understand, and discover the juridical position of legal reasoning (legal reasoning) regarding the Judge's decision in a civil case; and to know and understand the factors that influence legal reasoning (legal reasoning) the Judge's decision in a civil case. Method: The method used by researchers here is: In this research, combining two types of research, namely in this type of research, the researcher conducts research by combining both Normative and Empirical research with a Qualitative approach related to legal reasoning of judges' decisions in civil cases. Result: The research results show that: 1) The nature of legal reasoning (Legal Reasoning) The Judge's Decision in Civil Cases is an effort made by using a scientific approach in seeking the truth regarding the upholding of norms based on Law Number 48 of 2009 Article 1 Paragraph 1 Concerning Judicial Power and in essence thinking, using, developing or controlling problems in the legal field by using reason, or what can be called legal reasoning. 2) Juridical Position of Legal Reasoning (Legal Reasoning) Regarding the Judge's Decision in Civil Cases, it can be seen from the aspect of justice that it is a logical implementation of legal norms in the sociological dimension of law, from the aspect of the truth of a decision, legal reasoning is a consequent form of the logical and analytical nature of law. 3) Factors that influence this include Legal Culture Factors, Knowledge and Understanding of the Law Factors, and Evidence Factors. Conclusion: The Essence of Legal Reasoning (Legal Reasoning) of Judges' Decisions in Civil Cases is an effort made by using a scientific approach in seeking the truth regarding the upholding of norms based on Law Number 48 of 2009 Article 1 Paragraph 1 Concerning Judicial Power and in essence thinking, using, developing or controlling a problem in the legal field by using reason, or what could be called legal reasoning.

The phosphylated butyrylcholinesterase-derived tetrapeptide GlyGluSerAla proves exposure to organophosphorus agents with enantioselectivity.

We herein present for the first time the phosphylated (*) tetrapeptide (TP)-adduct GlyGluSer198*Ala generated from butyrylcholinesterase (BChE) with proteinaseK excellently suited for the verification of exposure to toxic organophosphorus nerve agents (OPNA). Verification requires bioanalytical methods mandatory for toxicological and legal reasons. OPNA react with BChE by phosphonylation of the active site serine residue (Ser198) forming one of the major target protein adducts for verification. After its enzymatic cleavage with pepsin, the nonapeptide (NP) PheGlyGluSer*AlaGlyAlaAlaSer is typically produced as biomarker. Usually OPNA occur as racemic mixtures of phosphonic acid derivatives with the stereocenter at the phosphorus atom, e.g. (±)-VX. Both enantiomers react with BChE, but the adducted NP does not allow their chromatographic distinction. In contrast, the herein introduced TP-adducts appeared as two peaks when using a stationary reversed phase (1.8µm) in micro-liquid chromatography-electrospray ionisation tandem-mass spectrometry (µLC-ESI MS/MS) analysis. These two peaks represent diastereomers of the (+)- and (-)-OPNA adducted to the peptide that comprises chiral L-amino acids exclusively. Concentration- and time-dependent effects of adduct formation with (±)-VX and its pure enantiomers (+)- and (-)-VX as well as with (±)-cyclosarin (GF) were investigated in detail characterising enantioselective adduct formation, stability, ageing and spontaneous reactivation. The method was also successfully applied to samples from a real case of pesticide poisoning as well as to samples of biomedical proficiency tests provided by the Organisation for the Prohibition of Chemical Weapons.

Socio-legal conditioning of the differentiation of criminal responsibility for corruption offenses

The article states that it is advisable to consider the problem of social and legal validity of differentiation of criminal responsibility for corruption criminal offenses in two planes: external and internal.
 In order to establish very specific restrictions on the use of incentive criminal law measures against persons who have committed corruption criminal offenses, the legislator needed an appropriate tool: the definition of the concept of corruption criminal offense subsequently. This is due to the separation in the General part of the Criminal Code of Ukraine of a group of corruption criminal offenses and the legal consequences of their commission, which constitutes, conditionally speaking, an “external” differentiation of criminal liability. There are also legal reasons for the “external” differentiation of criminal responsibility for a corruption criminal offense, since the concept of “corruption offense” is defined in the Law of Ukraine on Prevention of Corruption (Part 1, Article 1), and corruption crimes are generally conventional and have a relatively autonomous existence determined by the provisions of international law, those documents ratified by Ukraine.
 The first step of the “internal” differentiation of criminal liability for corruption criminal offenses is determined by legal factors - the definition of the concept of “corruption” in the Law of Ukraine “On Prevention of Corruption”. The next step of “internal” differentiation is to take into account the types of special subjects of corruption criminal offenses and those spheres of social relations in which they participate and may abuse their powers or receive undue benefits. The reasons for such a differentiation seem to lie in the differences in the relations in which the above-mentioned special subjects are participants. The legislator, differentiating responsibility taking into account these spheres, firstly, determines the place of the article on the corruption criminal offense in the structure of the Special Part of the Criminal Code of Ukraine, and secondly, taking into account the importance of the relevant relations, constructs independent sanctions of criminal law norms.

Ghana's Public Health Act, AI algorithms and Vaccine Distribution in Ghana

Objective: This paper examines the adequacy of Ghana’s Public Health Act 2012 for governing rising use of algorithmic systems like AI in automating vaccine distribution. Method: Employing the structured CREAC legal reasoning framework, it systematically analyses current statutory flexibility, rights safeguards and accountability provisions in the Act to balance technological innovation against risks of automated opacity, bias and exclusion errors. Results: While the legislation provides ample principles-based scope for administrative pilots and controlled deployment of AI coordination tools to improve immunization equity, reliance on 20th century assumptions of technological neutrality means significant gaps in addressing unique socio-ethical hazards of autonomous predictive analytics. Contributions: First structured application of legal study methodology to contemporize public health law assessments for coming healthcare automation advances, yielding actionable policy upgrades. Advances interdisciplinary discourse on ethical technological transformation of vital services. Significance: Anchored in legal realities and public access imperatives of a developing country, declines facile overhaul recommendations, favoring participative, evidence-led amendments upholding innovation incentives within updated rights regimes. Socially-grounded contribution bridging theory with practice in governance discourse. Sets agenda for anticipatory, democratic legal regimes upholding reliable and unbiased AI assistance in equitable healthcare access.

Epistemic injustice, judiciary reasoning and stereotypes: from narrow, to broad, to broader

This essay deals with the role of epistemic injustice in pointing out stereotypes in legal reasoning. The Author discusses the proposal of Janaina Matida and Alessia Farano to expand the concept of witness injustice and concludes with a proposal for an even broader version of the concept.

Analysis of Constitutional Court Decisions Regarding the Executorial Power of Fiduciary Guarantee Certificates

The executive power over Fiduciary Guarantee Certificates in its implementation creates many problems. According to the provisions of Article 15 section (2) and section (3) of the Fiduciary Guarantee Law, which in essence states that the Fiduciary Guarantee Certificate has the same executive power as a court decision that has obtained permanent law, if the debtor defaults, the creditor as the fiduciary recipient has the right to sell the collateral object fiduciary. The fiduciary recipients have often used the statement as an excuse to sell collateral objects unilaterally without going through proper legal procedures to the detriment of the fiduciary giver. This research aims to analyze the legal reasons of the applicant and the ratio decidendi of the Constitutional Court's Decision. The research method is normative legal research through the use of primary data and secondary data, which is analyzed in a qualitative method and shown descriptively. Based on the results of the research, as regulated in Article 15 section (2) and section (3) of the Fiduciary Guarantee Law, the content should further restrict the execution procedure so that it can be carried out under the execution mechanism of a court decision with permanent legal force. Ratio decidendi Constitutional Court Decision No. 18/PUU-XVII/2019 is given conditions for fiduciary guarantees, that implementation of the Fiduciary Guarantee Certificate must be conducted and apply the same as executing court decisions that have permanent legal force

You Might be an Anarchist if …

Abstract I show that conceptual philosophical anarchism, the claim that law cannot give reasons for action, is entailed by several popular theories about law. Reductionists about practical authority believe that all supposedly legitimate practical authority reduces to forms of theoretical authority. They tend to embrace anarchism, but some readers might not be clear why. Trigger theorists about reason-giving believe that all reason-giving merely activates pre-existing conditional reasons. Natural lawyers hold that all legal reasons are sourced in the natural law, which entails that positive law cannot provide reasons for action. If you are attracted to any of these theories and still think that positive law creates new practical reasons, you might have to give up one or the other position. If anarchism is entailed by believing the normativity in law’s directives pre-dates the directive, only a few may be able to avoid it, Hans Kelsen, Mark Greenberg, and Joseph Raz being the most likely.

Illness as a valid reason for restoring the term of inheritance acceptance

The subject. Compliance with the term for the implementation of the inheritance rights for persons wishing to become successors of a deceased citizen is an important condition for acquiring rights to hereditary property. Nevertheless, frequently, owing to various reasons, citizens from among the heirs cannot comply with the procedure established by law, which, in most cases, engenders the need referring to the court with a inquire about extension of the deadline to recognize the right to inherited property. The court will be able to satisfy the stated requirements if there is a valid reason, which prevented the heir from exercising his right.The purpose of the article.The authorsdare to determine whether a disease, including a new coronavirus infection COVID-19, can be considered as a respectful reason for a recovery period for acceptance of the inheritance. The established objective has determined the need to solve the following tasks: (1) to analyze the legal reasoning of the disputed issue in the doctrine; (2) to study jurisprudence on the subject of the study; (3) to assess how fully the rules of Article 1155 of the Civil Code of the Russian Federation are applicable in relation to the citizens from whom it is potentially impossible to get out of a diseased state; (4) to offer our own perspective on the issue.Research methods are systematic approach and formal legal analysis of doctrinal sources and the existing Russian legislation and law application practice.The main results of a study. It is shown that not every painful condition can be regarded as a valid reason for restoring the term of inheritance acceptance under Article 1155 of the Civil Code of the Russian Federation. The existing science means do not allow us to formulate a final conclusion on the issue under study. Therefore, taking into account the evaluative nature of the rule applied, only the law enforcement body is able to make a decision, fully analyzing the relevant circumstances.Conclusions.When considering cases on the restoration of the term of acceptance of inheritance due to illness, the courts need to take into account a combination of factors: the nature of the disease, its duration, treatment conditions, prognosis of the disease, the degree of social adaptation of the heir. The rules of Article 1155 of the Civil Code of the Russian Federation regarding the establishment of a six-month period for applying to the court need to be revised. Their use is unjustified, and compliance is impossible in the event that a person's exit from a painful state is not expected, while due to the course of the disease, the heir is unable to declare his rights.

“Judgments of Nature”: James Wilson's Natural-Law Jurisprudence

AbstractCan and should judges refer to the natural law? I address these questions from the point of view of James Wilson, paying specific attention to a question the scholarship does not address: Why does Wilson believe judges can (and must), in certain instances, refer to natural law? I develop a new taxonomy of Wilson's conception of judgment that answers this question. Wilson's definition of judgment as including the moral sense and reason, and his division of reasoning into demonstrative, moral, and legal reasoning, indicate why he countenances judicial recourse to natural law in certain cases yet remains committed to popular sovereignty and judicial restraint. Wilson describes “judgments of nature” as intuitive judgments based on self-evident truths and articulates how judges might be called upon to make certain judgments based on a manifest repugnancy to the natural law. His judicial decisions confirm this commitment to natural law and judicial restraint.

Variational Auto encoders for Improved Breast Cancer Classification

Among women breast cancer is the second leading cause of cancer. Emergence of Artificial Intelligence(AI) in the medical care leads to good survival rate by diagnosing and effective prognosis of the breast cancer patients. Scientific findings show that supervised deep learning model is highly dependent on the size of the training set, which must be manually labeled by experienced radiologists. The freely available biomedical imaging dataset are small in size mostly. In addition, obtaining large medical image files is difficult due to privacy and legal reasons. Thus the deep learning models tend to overfit and fail to provide a general result. Also the recent studies indicate that early detection of breast cancer (BC) is crucial to achieve favorable treatment results and reduce associated mortality. Data augmentation is the most widely used approach to address the aforementioned problem. Our proposed architecture consist of the pectoral muscle removal of the dataset, then the variational auto encoders used for data augmentation and then the U-Net and its varients used for breast cancer classification. The dice similarity score obtained for the model after the pectoral muscle segmentation is 97.53% and the classification rate accuracy is 98.5% by use of the Attention Residual U-Net than the other two models.

Eugenic Continuities: Youth, Sex, Disability, and the Rise of Liberal Eugenics in the Late Twentieth Century

Abstract: This article places the landmark 1986 Supreme Court of Canada decision E. (Mrs.) v. Eve within its avowedly anti-eugenic context. Then it compares the trial record and appellate documents of Eve to the notorious 1927 American case Buck v. Bell . It outlines the legal reasoning of the Eve decision, its reception, and the different trajectories of law in the US, the UK, and Australia. These multiple points of historical comparison expose a series of unresolved eugenic continuities in the politics of youth, sex, and disability. The interpretation challenges more conventional definitions, periodization, and understandings of eugenics, drawing attention to the formation of "liberal" eugenics in the late twentieth century.

Knowledge of Production of Normativity at the Imperial Aulic Council. Towards a Procedural Perspective on Early Modern Legal Reasoning

Knowledge of Production of Normativity at the Imperial Aulic Council. Towards a Procedural Perspective on Early Modern Legal Reasoning

Enhancing Environmental Law Enforcement in Indonesia: Integrating Climate Justice into Judicial Legal Reasoning

Enhancing Environmental Law Enforcement in Indonesia: Integrating Climate Justice into Judicial Legal Reasoning

The impact of offenses on the logistics process during the transportation of cargo

At the present stage of logistics infrastructure development, many different barriers that have a negative impact on the entire process of cargo transportation appear. Since each stage of cargo delivery is part of a single logistics chain of transportation, interruptions at any stage entail nonfulfillment of contractual obligations by the transport company. In the work, the main focus is on the study of the causes of obstacles to the transportation of cargo. As a rule, the reasons under consideration have a technological or legal nature of occurrence. For technological reasons, we understand the negative processes associated with the organization of transportation, namely: the construction of economically unprofitable cargo delivery routes; the wrong choice of transport, as well as the incorrect construction of the logistics chain in general. The legal reasons for the transportation of cargo are related to the commission of various kinds of offenses by people involved in the process of cargo delivery, which entail negative consequences for transport companies. In turn, law-enforcement agencies are obliged to respond to certain offenses committed at all stages of cargo transportation. Therefore, legal barriers associated with the toughening of the procedure for checking goods appear, which affects the timing of their delivery.

Balancing Democracy and Adz-Dzari'ah Principles: Legal Reasoning on Term Limits for Political Party Chairpersons in Indonesia

This study explores the issue of term limits for political party chairpersons from the perspective of democracy and the principles of az-zari'ah. In 2022-2023, there was a surge in lawsuits to the Constitutional Court regarding the absence of rules regarding the term of office of political party chairpersons in Indonesia. The number of lawsuits shows that the absence of such rules has caused considerable problems, both within and outside political parties and the state. Various political diseases have become increasingly apparent, such as the perception that public officials only follow the direction of party leaders (bossism), and this has the potential to lead to abuse of power by political party chairmen in the context of public policy. Using a qualitative literature review methodology, this study uses a comparative philosophical approach, namely by paying attention to the principles of democracy and applying methods derived from az-zari'ah. Both of these are used because, on the one hand, Indonesia is a country that applies the principles of democracy; on the other hand, many Indonesian people believe in the truth of Islamic law, including the principles of az-zari'ah. It was found that, from the perspective of az-zari'ah, the term of office of the party chairman must be limited (closed) so as not to become a vehicle for political disease. By Az-zari'ah, limiting the term of party leaders becomes a crucial matter, as it helps mitigate potential harms that may arise in the absence of such limitations. Meanwhile, from a democratic perspective, it also has the same value implications, namely the need to limit the term of office of the chairman. Democracy has the basic function of limiting political power in a person and not expanding or giving unlimited power like a monarchical system. This is because democracy believes that power tends to corrupt, and absolute power corrupts. So, since Indonesia uses the philosophy of democracy in its country, every political institution, in this case, political parties, must abide by the same rules.