Legal System Research Articles

A Study on the Dynamic Evolution Paths of Social Risks in PPP Projects of Water Environmental Governance—From the Vulnerability Perspective

The Chinese economy is transitioning from high-speed development to high-quality development, and water environmental governance is a key factor promoting economic transformation. Due to low returns and high investment in China’s water environmental governance, the PPP (public–private-partnership) model is often adopted. However, the PPP model has historically faced challenges adapting to local conditions in China, leading to social risks in the PPP projects of water environmental governance. To reduce these risks, this paper takes a vulnerability perspective, employing the system dynamics simulation method to explore the dynamic evolution process of social risks in the PPP projects of water environmental governance. The main results show the following: (1) the external manifestations of social risks during the construction and operation periods vary significantly, exhibiting notable fluctuations; (2) during the construction period, there is a surge in social risks followed by a returns to lower than normal levels, then a gradual upward trend; during the operation period, social risks initially decrease to a lower level before gradually increasing; and (3) city class, relevant legal systems, and resource reserves emerge as critical factors influencing vulnerability and social risks. The higher the city class, the lower the project vulnerability; the soundness of the legal system for PPP projects can effectively reduce vulnerability and social risks; sufficient resource reserves can reduce social risks. Based on the above findings, this paper proposes several suggestions aiming to reduce the vulnerability and social risks in PPP projects, optimize the process of water environmental governance, and further promote the sustainable development of water environmental governance and the high-quality economy of China.

Lawfare – Hostile Actions Against the Legal System of the State Through Activities in Cyberspace

Lawfare – Hostile Actions Against the Legal System of the State Through Activities in Cyberspace

Debt on the Ground: The Scholarly Discourse of Bankruptcy and Financial Precarity

A rich literature uses law and social science methods to better understand household financial distress and overindebtedness both inside and outside of bankruptcy. This scholarship contributes to several ongoing scholarly conversations, such as those on income and wealth disparities across race and class, how people live in circumstances of financial precarity, why people turn to the legal system to solve their problems, and how to improve access to justice so people can get the help they need. We first review the current literature about who files bankruptcy, the contributors to people's need to file bankruptcy, what happens to them in bankruptcy court, and what happens after their bankruptcy cases conclude. We then outline a research agenda of low-hanging fruit that will contribute to broader sociological and sociolegal research agendas, including economic mobility, aging, gender studies, health studies, family studies, social psychology, and policy work.

From the Recognition of ‘Psychiatric Disorder Caused by Asbestos Exposure’ to the Mobilisation of Dignity in Labour Law: A Comparison of France and Sweden

Abstract In two rulings on 8 February 2023, the French Court of Cassation invoked the notion of ‘dignity’ in labour law to support claims for ‘damage due to anxiety’ (‘préjudice d’anxiété’). The concept of ‘damage due to anxiety’, which might in English be translated more functionally as ‘psychiatric disorder caused by asbestos exposure’, is based on loss arising from the fear of developing a future disease due to occupational exposure to a toxic and hazardous substance, such as asbestos. Based on a reading of these two cases, the aim of this article is to analyse the approach developed in the French legal system, and to discuss it from the standpoint of Swedish law. The concept of ‘psychiatric disorder caused by asbestos exposure’ is not currently recognised in Swedish law. However, the idea that physical work environment factors can cause psychological injury is not entirely unfamiliar. It touches upon the ideas of a holistic approach to the work environment and a broad and inclusive concept of health and illness, which are important foundations for Swedish work environment law. By studying this specific occupational health and safety issue it is possible to illuminate not only how this topical and important issue is regulated in France and Sweden, but also on a broader level how these two legal systems—the French one based on the individual responsibility of the employer and the Swedish one on collective bargaining—are functioning when it comes to systems of prevention of and compensation for ill health.

Comparative nomogenetics: revisiting Wigmore’s oriental(ist) encounter and the taxonomy of his approach to global legal history

John Henry Wigmore’s life experience as a Westerniser teaching Anglo-American Law in Japan from 1889 to 1892 is an example of legal orientalism. Engaging in the historical study of Japanese law despite diverging cultural paradigms between East and West paradoxically revealed striking similarities leading to the publication of the Materials for Study of Private Law in Old Japan in 1892. More than three decades after his return from Tokyo sparking a lasting fascination for foreign and comparative law, Wigmore published in 1928 A Panorama of the World’s Legal Systems. This case study offers insights on the relationship between legal history and comparative law that these publications respectively represent. The imprecise classification of A Panorama at a time when comparative law was at its infancy stage requires identifying a relevant taxonomy. Wigmore’s legacy is revisited with a focus on both its historical and comparative dimensions.

Regulation and organization of the lawyer profession in Romania in accordance with the provisions of Law no. 51/1995

The legal system in Romania is based on the principle of the rule of law, which ensures equality before the law and the protection of individual rights. Within this system, the lawyer plays an essential role in providing legal services and guaranteeing a fair and just trial for all citizens, representing and defending the rights of his clients before the courts and in other legal proceedings. Through their legal expertise and commitment to justice, lawyers are fundamental pillars of the legal system and help maintain its balance and integrity.

The “Boundary” of Technology, Culture, and Digitalization

Human beings use various techniques to change their mode of production and lifeworld. However, modern technology is becoming increasingly self-oriented and is threatening human subjectivity. The digital revolution, with its unprecedented “surpassing” capability, breaks through various boundaries of human social life and, in reality, increasingly escapes from human control. The digital mode of thinking involves both formality and power. When social beings and humanities become products and commodities, and when “artificial humans” such as electronic humans, robots, intelligent humans, and genetic humans can be mass-produced, “natural humans” seem to disappear. The social organizations, lifestyles, ethics, and legal systems that are composed and created by natural beings can no longer be maintained. If humans have always dreamed of enhancing their potential by integrating technology science with social ethics and humanistic values, the building of digital ethics and digital cultural values then becomes a must. And the basis for all of these is to acknowledge and maintain some basic boundaries. The most important one is the boundary between human nature/self and “non-human”—the boundary between human beings and the external world. If human nature resists digitalization, humans will never be “assimilated” by technology. The survival of human beings and the continuation of civilization require a balance among technology, digitalization, humanity, and ethics to secure human subjectivity over technocracy.

Predictors of substance use disorder treatment and mutual support group participation among Black women across the criminal legal spectrum: A latent class approach

BackgroundThe purpose of this study includes: 1) identifying classes of substance-related needs among Black women, and 2) examining the effect of substance-related need classes and culturally-relevant factors on Black women’s use of substance use disorder (SUD) treatment and mutual support groups. MethodsAs part of a longitudinal cohort study, Black women were recruited in prison nearing release, on probation, and in the community without involvement in the criminal legal system (CLS, n=565) and followed-up at 18-months. We conducted a baseline latent class analysis of substance-related needs among Black women. Logistic regression models adjusted for culturally-relevant factors to predict the use of treatment and frequency of mutual support group participation over 18-months among Black women who use drugs. ResultsFour classes by level of needs were found: low, daily marijuana use, high mental health, and high comorbidity. During the 18-month follow-up, women characterized by the high comorbidity need class and with higher scores of religious well-being were more likely to frequently participate in mutual support groups. Non-CLS-involved women were less likely to engage with both treatment and mutual support groups than women from the prison sample at 18-months. ConclusionsThis study highlights four distinct classes of substance-related needs among Black women, highlighting the complex patterns of behavior and within-racial group differences among Black women. Black women with high comorbidity needs were more likely to participate in mutual support groups, but the latent classes did not predict SUD treatment indicating other non-medical and social contextual need factors may be at play.

Corporate Social Responsibility in Conflict Zones: Navigating the Intersection with International Humanitarian Law

This paper examines the intersection of corporate social responsibility (CSR) and international humanitarian law (IHL), emphasizing the difficulties, responsibilities, and systems of accountability that businesses operating in conflict zones face. It gives a general review of IHL and CSR, emphasizing their applicability in regions impacted by war. This paper also examines the functions of corporate social responsibility in reducing the effects of armed conflicts on local communities using contemporary case studies from the Israel Palestine war and the Russian Ukraine war. This paper also delves into the protection and responsibility that international humanitarian law provides corporations along with the rules and regulations to hold corporations accountable in case they violate the law. It also stresses on the difficulties and gaps in accountability that are encountered by different other international law such as international criminal law, international human rights, law, and difference between other countries laws and legal system. Lastly, the paper discusses perspective suggestions and methods to incorporate IHL into various CSR activities which include partnership between businesses and humanitarian organizations, different NGOs, peace negotiations, mediations, economic recovery and socially responsible conduct and the most important adhering to human humanitarian laws, rules and guidelines.

Preferences, Institutions, and Policy Makers: The Case of the New Institutionalization of Science, Technology, and Innovation Governance in Colombia

Abstract Science, technology, and innovation (STI) are fundamental elements for achieving development and sustainable growth. Developing STI is also currently the main challenge faced by countries, especially those with emerging economies, making it essential that these countries implement comprehensive policies to generate a knowledge-based society. Institutions and policy-makers are responsible for defining the rules by which a society is governed. In particular, it is widely held that institutions should place special emphasis on establishing property rights, legal systems, customs, and the political systems based on which central planners should govern. From this perspective, this study integrates qualitative and quantitative analysis through a preference model with three types of STI policy-makers and projections to better clarify the requirements for new STI institutions in Colombia. It does so by using the time series of STI spending generated by the Administrative Department of STI (Colciencias) from 1968 to 2018. The simulation results show that among the chosen agents, the STI policy preferences of the scientist-manager yield economic outcomes closest to the optimal level. In contrast, the yield of the politician’s preferences is suboptimal and even negative at certain points. These results have implications for public policy, as poor policy choices may lead to undesirable results in terms of STI policy application, implementation, and execution. These findings are important for strengthening STI policy. They also indicate the important role of the government in transforming Colombia from being a receiver of technology to being a generator of knowledge, technology, and innovation in line with the requirements of the country’s population and its natural resource endowments.

The blocking and transmission effects of lower level system in patent transaction - evidence from Chinese colleges and universities

Conflicts and contradictions within the legal system may affect the effectiveness of law enforcement, but scholars have not conducted sufficient empirical research on the mechanism. Based on three periods of mixed cross-sectional data in 2015 and 2019 when the reform of patent transaction system in colleges and universities, which represents a quasi-natural experiment, has been carried out, this study adopted a difference-in-difference (DID) model to empirically analyze the efficiency of patent transactions. It was found that if the lower level system was not removed or revised in time when the higher level law had been revised, it would have a blocking effect on the implementation of the higher level law and thus make patent transaction less efficient. Furthermore, when the lower level system was revised accordingly, it would have a transmission effect on the implementation of the higher level law, which could promote its implementation. This basic conclusion remains valid after a series of robustness tests and can provide useful lessons for the systemic revision and organizing of laws, as well as the reform of the economic and social systems.

Harmonizing Legal Frameworks: Bridging the Gap between CEDAW and the Afghan Civil Code in Pursuit of Gender Equality

Afghanistan ratified the CEDAW accord without any conditions in 2003 after the deal was formally recognized by the Ministry of Foreign Affairs in 1980. According to the Vienna Agreement; countries can impose restrictions on United Nations resolutions that contradict domestic laws. The Afghan government has decided not to step in, despite the fact that there is a clash between the CEDAW Convention and the Afghan legal system, particularly the Civil Code. The parties to the CEDAW Convention remove from their legal systems any clauses that restrict gender equality as specified by the convention. This article compares and contrasts the rights and obligations regarding marriage, divorce, inheritance, guardianship, custody, and proclamation found in the Afghan Civil Code with Article 16 of the CEDAW Convention.

Pathways Leading to Arrest for Transgender Women

Transgender women experience high rates of police contact, arrest, and incarceration, yet little attention has been paid to the specific life experiences and circumstances leading up to arrest for transgender women. This study conducted in-depth interviews with 21 transgender women living in Chicago using a life timeline method to examine pathways that lead to or prevent transgender women from entering the criminal legal system. Findings indicate that transgender women’s pathways mirror those experienced by cisgender women but are distinctly contoured by anti-transgender discrimination and marginalization. Participants also identified forms of resilience and protective factors against police contact and arrest.

Development of Low-Carbon Finance Helps the Construction of China's Low-Carbon Financial Legal System

The massive consumption of coal, oil and other resources has led to a significant increase in greenhouse gas emissions and global warming, seriously threatening the ecological environment. Achieving low-carbon development has become a common goal pursued by all countries. On this basis, China has put forward the goals of carbon peaking by 2030 and carbon neutrality by 2060. The best way to solve this problem is to promote low-carbon finance. Low energy consumption and low pollution have become the core of green economic development, which reasonably improves the status quo of serious environmental pollution and promotes the realisation of high-quality development of the social economy. Since the 19th National Congress, China's economic development has shifted from high-speed growth to the development stage of high-quality growth, and this shift not only requires sustained and stable economic growth, but also emphasises the protection of the ecological environment and sustainable development. The development of low-carbon economy not only helps to reduce greenhouse gas emissions and protect the ecological environment, but also promotes the optimisation and upgrading of the economic structure, achieving a win-win situation for the economy and the environment. However, the healthy development of low-carbon economy needs strong institutional guarantee. In particular, the improvement of the low carbon financial legal system.

Beyond Bars: Transformative Strategies for Reducing Prison Congestion in the United States of America

The United States has an excessive number of incarcerated individuals. The number of incarcerated individuals surpasses 2.3 million, which is greater than any other country. This research analyzes the issue of overcrowding in US jails and presents innovative solutions. The paper commences by elucidating the prison system and the philosophical rationales for both punishing and rehabilitating offenders. The essay subsequently examines the imposition of harsh sentences, the government's "War on Drugs" campaign, flawed bail procedures, insufficient rehabilitation and reintegration initiatives, violations of parole and probation terms, challenges in allocating resources, and the accumulation of legal system delays that contribute to prison overcrowding. This analysis explores the ramifications of overcrowding on both convicts and staff, encompassing aspects such as emotional and physical well-being, safety, and the functioning of the prison system. The study suggests an inclusive approach to this key matter. In order to decrease the likelihood of repeat offenses and facilitate the process of reintegrating individuals into society, it suggests implementing more extensive rehabilitation programs that prioritize education, vocational training, and mental well-being. Additionally, it analyzes the potential for expediting jail construction and circumventing public resistance through the privatization of jails. Furthermore, it suggests the deliberate expansion of jails in order to accommodate a greater number of prisoners. It underscores the importance of implementing strategies to enhance the utilization of resources and the provision of services. Furthermore, it emphasizes the importance of overhauling bail procedures to prevent the incarceration of persons who are unable to afford it, thereby compromising the fundamental premise of presumption of innocence. Furthermore, it suggests the reduction of lengthy incarceration periods, particularly for individuals who have committed nonviolent offenses, while promoting alternative forms of punishment and rehabilitation approaches. Furthermore, it underscores the importance of implementing drug courts and restorative justice practices as a means to prevent incarceration of nonviolent offenders. Additionally, it advocates for the implementation of early release initiatives that give priority to the rehabilitation and reintegration of individuals into society, while also incorporating risk assessment and supervision. Final recommendation: Revise parole violation procedures to prioritize rehabilitation and fairness, rather than resorting to incarceration for offenders. Ultimately, the study highlights the urgency of implementing comprehensive prison reform to tackle the issue of excessive overcrowding and guarantee the humane treatment and rehabilitation of criminals. This research analyzes the issue of jail overcrowding in the United States from multiple viewpoints and suggests numerous effective strategies to decrease the number of people in prisons.

Judicial lawmaking: a conceptual exploration

The work aims to analyse the role of judicial lawmaking in the legal system of Ukraine and its impact on legal development. The study examines the extent of judicial authority in creating new legal norms, especially in comparison to the legislative branch. The methodological basis of the study includes a comprehensive review of relevant legal literature, an analysis of Ukrainian legal provisions related to judicial lawmaking, and an examination of judicial decisions that have contributed to legal development. The results of the study underscore the nuanced role of Ukraine’s courts in the legal landscape. While Ukrainian courts face limitations in directly creating new legal norms, the research reveals their substantial impact on legal evolution through judicial interpretation and the establishment of precedents. One key finding is the significant influence of judicial decisions on shaping legal practice in Ukraine. Through their interpretations of existing laws and legal principles, courts contribute significantly to the development of legal norms and standards. This process not only clarifies legal ambiguities but also ensures consistency and coherence in legal principles applied in various judicial proceedings. The study also emphasizes the importance of precedents set by Ukrainian courts. By establishing precedents, courts provide guidance for future legal cases and contribute to the predictability and stability of the legal system. This aspect is crucial for legal practitioners, scholars, and the public in understanding the application of laws and legal principles in different contexts. Conclusions drawn from the study emphasize that Ukraine has a legal system where the legislative branch plays a predominant role in shaping and changing legal norms. The courts in Ukraine have limited authority in creating new norms, as their main task is to apply and interpret existing legislation to specific situations that arise in society. However, it should be noted that courts can influence legal development through judicial interpretation and establishing precedents. When a court decides on an issue that does not have a clear solution in the law, it can establish a new precedent that can then be used for similar cases in the future. This contributes to the development of legal practice and the establishment of stable and consistent principles of judicial decision-making. Therefore, although courts in Ukraine do not have as significant an impact on law formation as the legislative branch, they can still contribute to the development of the legal system through judicial interpretation and establishing precedents.

Analisis Pelarangan Operasional Tiktok Shop Dalam Langkah Pengambilan Keputusan Melalui Perspektif Problem Tree Analysis

The controversial TikTok Shop case has become a hot topic of discussion lately. The violation committed by the TikTok company is combining online buying and selling platforms with social media platforms. Legally in Indonesia, this is considered illegal and has a negative impact on the sustainability of domestic MSMEs and causes various other problems. The government revised the old Permendag, namely No. 50 of 2020, which did not clearly emphasize the legal PMSE system in Indonesia, which also discussed the social commerce system. The issue of TikTok violating PMSE is an interesting thing to study regarding the relationship between the government's decision to issue a policy to stop TikTok Shop and its driving factors. Researchers use descriptive research methods with a qualitative approach. Literature study and documentation are data collection techniques used in this study. The data analysis technique used is the Problem Tree Analysis approach. While the focus of his research is on PMSE violations by TikTok Companies in Indonesia. From this research, it was found that there is an unclear legal and regulatory umbrella from government regulations regarding PMSE itself. And there are also various consequences caused by TikTok Shop violations that have fatal consequences on the country's economy and domestic MSMEs. For this reason, legal clarity must be paid more attention to by the government so that when there is increasingly rapid technological development as well as increasingly complex systems do not create problems due to technology gaps.

A didactic sequence to help legal translation trainees develop strategic and intercultural competence: macro-level textual consequences of micro-level decisions when dealing with legal culture-bound terms

ABSTRACT Translating legal culture-bound terms is one of the difficulties facing any legal translator due to asymmetries between national legal systems. To train trainees to deal with these terms, strategic and intercultural competences must be developed. This article focuses on how to pedagogically address the varying degrees of incongruity that may arise when translating legal culture-bound terms. The learning objectives set are for trainees to be able to apply the most appropriate translation technique to use in each instance, selecting it at a micro-unit level that is coherent with the macro-level approach determined by the communicative situation and target text purpose. A theoretical and pedagogical framework is presented, followed by the description of a didactic sequence that was created as action research to develop trainees’ strategic and intercultural competences. The didactic sequence includes 4 units with task-based learning activities and formative and summative assessment. The activities were piloted in a postgraduate specialisation course in legal translation at the Autonomous University of Barcelona. Trainee responses to a follow-up survey and focus group show that the activities were perceived to be useful and helpful when dealing with the difficulty of translating legal culture-bound terms.

On the implementation and functioning of the «Barnahus»

The aim of the work is to study and analyze the Barnahus model through the prism of European experience and the legal system of Ukraine. The methodological basis of the study is the dialectical method of scientific knowledge, since the genesis of the «Barnachus» model was revealed with its help. From the standpoint of the value approach, legal ideas, the normative legal framework and law enforcement practice were investigated. The work uses such general scientific methods as: system analysis, ascent from the general to the specific, analogy, generalization, comparison, as well as the principle of historicism, social and objective approach, which contributed to the disclosure of the features of the «Barnachus» model as a whole and its components, in particular. Special-legal methods, such as comparative- legal, formal-dogmatic, sociological-legal, cultural-legal. Results. The article is devoted to the Barnahus model, which is currently an innovative model at the European level in the field of combating violence against children and child-friendly justice. Ukraine, striving to become a full-fledged member of the European Union, has undertaken a number of obligations, including to provide children with additional procedural guarantees during their interrogation (questioning) in criminal proceedings. The article examines and analyzes the Barnahus model through the prism of European experience and the legal system of Ukraine. The author analyzes the basic ideas of the Barnahus model; examines the peculiarities of the formation and development of the Barnahus model in the legal systems of Scandinavian countries; clarifies the European quality standards of the Barnahus model as a result of the PROMISE network; examines the organizational and legal framework for the implementation and functioning of the Barnahus model in Ukraine; analyzes the impact of national legislation on the functioning of the Barnahus model in Ukraine, revealing certain problematic aspects. Conclusion. It is established that the Barnahus model is a multidisciplinary program for child victims and child witnesses of violence or cruelty, organized in a child-friendly environment and under one roof to ensure effective protection, quick access to justice, and the provision of necessary services. It is proved that its main task is to cooperate «under one roof» of an interagency and interdisciplinary team involved in juvenile criminal justice for effective coordinated work (collecting evidence, providing services, creating a child-friendly environment, helping to return to their usual life, etc.) and achieving maximum interaction with child witnesses or child victims of violence or cruelty.

Judicial Judgment Standard of Generative Artificial Intelligence and Training Data from the Perspective of Fair Use

With the development of generative artificial intelligence, text and data mining has been put into more applications. However, as a technology for collecting and processing a large number of other works, it faces copyright infringement under the current legal system. As a step in the operation of artificial intelligence, text and data mining is to collect and process existing works and information to realize the behavior of knowledge "reproduction", thus promoting the utilization of knowledge and social innovation. Meanwhile, copyright exemption should be provided for its fair use system. The fair use system in the United States can give full play to the autonomy of judges in specific cases and flexibly identify fair use exemptions, while the copyright exception in Europe clarifies that text and data mining activities should be exempted under specific circumstances. Learning from both, China can not only break the closed fair use system, but also build an evaluation system of artificial intelligence infringement and benefit-sharing mechanism, so as to provide scientific norms for fair use and improve the development of artificial intelligence and big data industry in China.