Legal Themes Research Articles

Digital Platforms in the Focus of National Law

The paper contains an overview of the research workshop Digital platforms: new environment for collaboration at the Institute of Legislation and Comparative Law under the Federal Government (ILCL) on 23 April 2024, and findings of the expert survey Digital platforms in the focus of national law. Presentations by participants were systematized by the authors of the overview around the most relevant subjects related to digital platform operations: general issues of digital platform regulation; digital platforms’ impact on human rights; digital platforms in public administration; digital platforms in private law, criminal law and specific branches. The workshop was attended by researchers representing the Institute of Legislation and Comparative Law, Kutafin Moscow State Law University, National Research University–Higher School of Economics, Moscow State University, Russian Academy of National Economy and Public Administration under the President of Russia, Plekhanov Russian University of Economics, Orenburg State University, Siberian Federal University, Gubkin Russian State University of Oil and Gas, Saint Petersburg University of the Interior Ministry, MTS Joint-Stock Company, etc. Legal themes under discussion included the legal nature of digital platforms; digital platforms’ impact on the economy, public administration, human rights and the underlying changes to their amount and content; associated risks; digital platforms and anti-trust regulation; networking effect of digital platforms; labor relations and platform employment; labor right protection and digital platforms; dangers of discrimination related to digital platforms.

Future study of revenue sources in the social security organization with the scenario planning approach

PurposeThe purpose of this study is to identify the drivers and future scenarios of Iran’s Social Security Organization.Design/methodology/approachThe research is applied in terms of orientation and mixed in terms of methodology. In this research, the methods of theme analysis, root definitions, fuzzy Delphi and Cocoso were used. The theoretical population is the managers and senior experts of the social security organization, and the sampling method was done in a judgmental way. The tools of data collection were interviews and questionnaires. The interview tool was used to extract the main and subdrivers of the research and develop the scenarios.FindingsThrough theme analysis, 35 subdrivers were extracted in the form of economic, sociocultural, financial and investment, policy, marketing, environmental and legal themes. Due to the large number of subdrivers, these factors were screened with fuzzy Delphi. Eleven drivers had defuzzied coefficient higher than 0.7 and were selected for final prioritization. The final drivers were prioritized with the CoCoSo technique, and the two drivers of social security holdings governance and state of government revenues had the highest priority. Based on these two drivers, four scenarios of prosperity, resilient social security, unstable development and collapse have been developed.Originality/valueSome of the suggestions of the research are: using the capacity of FinTechs and financial startups to invest the government revenues of the organization, using digital technologies such as business intelligence for more efficient decisions and developing corporate governance in the organization.

Ian Ward. The Play of Law in Modern British Theatre

Ian Ward’s The Play of Law in Modern British Theatre offers readings of major dramatic works of the last half century, focusing on an array of legal themes and legal histories, from the constitutional crises of the English Civil War to sexual violence and violation in the age of technology.

Digital social movement: Using social media to reject Indonesia's draft criminal code (RUU KUHP)

This research tries to explore the use of social media as part of the digital social movement to reject the draft Indonesian Penal Code (RUU KUHP). In this case, social media were used in different social movements. This research uses a qualitative approach to know what kind of value of the phenomena. This research uses analysis Q-DAS (Qualitative Data Analysis Software), which uses social media data, and the tool is Nvivo 12 Plus. This research finds: First, the dominant social media theme is relevant to the legal theme area and aspect. In addition, the social media themes themselves have been made from the content used in social media as a reaction of netizens about the rejection of the Indonesian draft criminal code. Second, the narrative is dominated by the use of hashtags, but some of them use accounts and topics of law. Third, the hashtags have a relationship with other hashtags that tend to be strong, indicating that there are using the hashtag as a marker and possibly using more than 2 hashtags in one post with the same goal to reject the Indonesia Draft Criminal Code.

THE IMPACT OF INCORPORATING LITERATURE INTO THE CURRICULUM OF LLB PROGRAM IN PAKISTAN

Incorporating literature in the legal discourse is a controversial matter around the globe. In spite of this debate, law scholars, jurists and judges refer, from time to time, to a wide variety of popular literature in their legal drafts, judgements and opinions. The disciplines of law and literature are seen to intersect each other quite frequently through various means as many literary texts portray legal themes. A number of judgements cite work of literature and nevertheless many writers frequently engage in writing both legal and literary text which has led the scholars to finally accept this frequent convergence between law and literature as a strong and meaningful relationship. One aspect that is common in both and have bonded the two disciplines is that both are intangible artifact, deliberately created by humans to serve some purpose. The current study, with reference to Pakistan, is of a preliminary nature to identify the scope of incorporating literature in the LLB Curriculum in Pakistan. This paper examines the benefits and challenges of integrating literature into the LLB curriculum, and proposes some practical strategies for doing so. Keywords: LLB; Curriculum; Law; Literature; Legal Education; Pakistan; Interdisciplinary; Literary Skills.

Teaching English for Legal Purposes to Undergraduate Translation Majors

To enable students majoring in translation at the College of Languages and Translation to read, identify the lexical and syntactic features of legal documents and hence comprehend their content, this article proposes an instructional module for teaching English for Legal Purposes (ELP). The module should be based on the assessment of the students’ proficiency level in English and analysis of their academic and professional need. It consists of the most common legal terms such as (alias, amicus, peosequi, res judicata, puisine, puis ne, estoppel fee, simple laches, quash); grammatical structures common in legal documents such as the use of long and complex sentences, conditional clauses, adverbial clusters, long complicated nominal groups, the modal auxiliary shall, and French word order (court martial, heir apparent, secretary general); reading legal documents such as insurance policies, wills, statutes, contracts and agreements between individuals, leases, petitions, investigations...etc. Global legal themes are integrated in the practice material. The students practice listening, speaking, reading, writing and translation. They learn the legal terms and grammatical structures in context (through the text). The instructor performs text analysis. Together with the students, she goes through a legal text, locates legal terms and syntactic structures, and explains and/or translates them. Then the students perform text analysis of new legal texts. Numerous technologies can be integrated into teaching and learning ELP. Assignments are posted on Blackboard LMS, a blog or a social media page. At the end of the instructional period, the students are tested, and the ELP module is evaluated by the students and legal translation instructors. The article recommends that ELP be student-centered. The students should have an active role in the learning process where they select legal topics to read, talk, write about and translate.

Salafi-Jihadi Online Communication in Israel: Forging a Community Through an “Enclave” Mindset

Abstract The article explores the ways in which online posting by contemporary Salafi-jihadis in Israel create an enclave mentality that serves to transform Salafi-jihadis into an insular community. Because Salafi-jihadis can no longer by law advocate active jihad on social media in Israel, their posts focus on three Islamic legal themes: The dichotomy between God’s devotees and God’s enemies; the untrustworthiness of Muslim rulers, official Muslim scholars, and “impious” Muslim associations like the Muslim Brothers; and the obligation to apply the doctrine of takfīr against Muslims and deviant Muslim rulers. Although seemingly innocuous, social media posts encourage Salafi-jihadis to take actions that result in their segregation from other Muslims in Israel, particularly Salafi-Taqlidis, and, at the same time, create and maintain a networked community of like-minded individuals willing to implement the Salafi-jihadi creed when the time is ripe.

A Survey on Industrial Control System Digital Forensics: Challenges, Advances and Future Directions

Operational Technology (OT) systems have become increasingly interconnected and automated, consequently resulting in them becoming targets of cyber attacks, with the threat towards a range of critical national infrastructure (CNI) sectors becoming heightened. This is particularly the case for Industrial Control Systems (ICS), which control and operate the physical processes in CNI sectors such as water treatment, electrical generation and manufacturing. Unlike information technology (IT) systems, ICS have unique cyber-physical characteristics and related safety requirements, making them an attractive target for attacks given the physical consequences that can occur. As a result, the requirement to respond and learn from previous and new attacks is also increasing, with digital forensics playing a significant role in this process. The aim of this paper is to discuss the main issues and existing limitations related to ICS digital forensic. The field of ICS digital forensics is relatively under-developed and does not have the same levels of maturity as IT digital forensics. Although the amount of research on cyber security for ICS is increasing, many unique challenges still exist that pose as barriers to the development and deployment of ICS forensic capabilities. We provide an extensive discussion on these challenges, categorising them into technical, socio-technical, and operational and legal themes. Furthermore, the relationship between these challenge themes as well as the inter-challenge dependencies are also examined. Furthermore, this work discusses ICS forensic advances in relation to the digital forensics life chain, specifically forensic readiness and investigations. The areas of digital forensic training and processes models for ICS are given particular focus. Moreover, we assess the technologies and tools that have been either applied to or developed for ICS components and networks, giving special attention to forensic acquisition and analysis methods. An examination into the specific ICS digital forensic data sources and artefacts is also presented, highlighting that until recently, this was limited to descriptions of generic data formats. In addition, this paper provides an overview of several key ICS attacks, summarising the specific techniques used, data artefacts of interest, and proposing lessons learnt. Finally, this paper presents open discussions on future ICS digital forensics research directions and on-going issues, covering both short and long-term areas that can be addressed to improve the ICS digital forensics capability.

За ролята на списание „Гражданин“ в отстояването на гражданските свободи през първото десетилетие на XX век

The article examines the role of the Grazhdanin (Citizen) magazine in the protection of civil liberties in the first decade of the 20th century. It has been singled out as the first independent scientific and educational conceptual project, ambitious to form the modern citizen. The magazine is dedicated to the mission of educating and enlightening civil society through a printed edition in the field of the fundamental knowledge for any democracy – constitutional rights, freedoms, and obligations. For this purpose, articles published in the democratic press and in the specialized press with legal themes from the first decade of the century have been studied, which outline the context in which the programmatic texts by Stefan Kirov, published in Grazhdanin, are examined. In this article, for the first time, pages from Stefan Kirov’s unpublished memoirs related to the publication of Grazhdanin are published.

Perspektif Hukum Perdata Internasional terhadap Perkawinan Beda Agama Bagi Warga Negara Indonesia

The goal of this study is to determine how international private law perceives the legality of interfaith marriages performed by citizens outside of Indonesia in compliance with the Law of Marriage as well as the execution of such marriages. This study employs the normative research methodology, specifically: Academic articles and books with a legal theme, and other sources pertaining to interfaith marriage are used in library research together with primary legal documents such as laws and regulations. Tertiary legal materials are obtained through the internet. The gathered legal materials were then qualitatively examined and given in the form of descriptive and explanatory information. The study's findings demonstrated that because there is a foreign component, interfaith marriage performed by citizens outside of Indonesia is regarded as a part of international private law, specifically because of the domicile, but not in absolute terms because if it violates public order, then foreign elements can be ruled out and it is also regarded as smuggling law because there is the element of intent since it seeks to circumvent the national law, which is then normatively declared invalid and null and void because Indonesian marriage law is based on religious law.

MODERNISASI DAN REFORMASI DALAM PEMBINAAN HUKUM ISLAM DAN PRANATA SOSIAL DI NEGARA ISLAM

Abstrak :This paper discusses the modernization and reform of the development of Islamic law and social institutions in Islamic countries as a comparative study of Indonesia and Malaysia. Islamic law revealed by Allah aims to prevent confusion in the community and bring benefit to them, directing them to truth, justice and wisdom and explaining the path that must be passed. In this case, it is based on five main priorities, namely maintaining religion, soul, mind, lineage and property, based on the al-Qur'an which is universal and dynamic. Thoughts on the development of Islamic law have long been studied by Western historians, especially those who have a tendency to justify the authenticity of Islamic law. Because the legal theme has a relationship with reality and the physical environment, it inevitably has to face challenges related to the facts of social change.
 Meanwhile, modernism in Islam is a series of thoughts and schools of thought in ijtihad to think rationally and to change understandings or customs that must be adapted to developments and conditions that exist at this time, without leaving Islamic values. Therefore, opportunities are always open and must be carried out by taking into account the social implications of the application of the product of legal thought.

Desacralized Law: Shakespeare and the Tragedy of Sovereignty

Abstract In the history of Western literary tradition, early modern theatres constituted an important passage for the construction of a different perception of community as well as a different appraisal of legal institutions. In modern playhouses, traditional values were staged, debated, and critiqued. In this paper, I will focus on three Shakespearean tragedies (Hamlet, Macbeth, Romeo and Juliet) that provide relevant insights about the way in which power and legal themes were challenged and questioned. In these plays Shakespeare provided a critical view of what we might call the “mystical foundation of authority.” Shakespeare’s theater is the triumph of rule and exception, of order and disorder, of sacred and profane. As I will show, in Hamlet, Macbeth and Romeo and Juliet, law is always living on the danger of its eclipse and its suspension: the threshold which separates the legal and the illegal, the legitimate and the illegitimate, is then the result of a narrative process of which Shakespeare’s theater provides perhaps the highest example in Western literary culture.

Digging Holes and Building Walls: Spatial Imaginations of the Law in Stories by Franz Kafka and Rachel Shihor

Abstract Stories shape our thinking about legal relationships and the challenges of law. This paper is interested in the ways, in which spatial constellations are imagined in connection with the law. It analyzes selected stories by Franz Kafka and Rachel Shihor alongside each other. Legal themes permeate these stories. Their fictive dialogue brings forth contrasting imaginations of community, universalism, and human limitations. Starting with their variations on the Tower of Babel story, the paper then discusses Kafka’s “The Great Wall of China”, “Before the Law”, and “The Burrow”, as well as Shihor’s “The Bridge”, “The Bus”, “The Door”, and “Questions”. These stories illuminate Kafka’s and Shihor’s rich, narrative vocabulary of spatial imaginations of the law, and the fruitful contrast of their perspectives.

Prawo i literatura a historia – związki (nie)oczywiste

The article presents the various types of relationships that occur between the inquiries of the Law and Literature Movement and history and historiography. Illustrated with examples, it proposes possibilities for both the application of historical research to law and literature, as well as ideas about what law and literature can offer historians. To this purpose, realistic and contemporary literature and historical fiction are treated separately. Finally, the article argues that familiarity with legal history in some cases is not necessary to analyze legal themes in literary works from past époques.

Defending the House of Austria. Antineutralidad (attributed to Diego Saavedra Fajardo) and Habsburg political thought

A recently discovered political and legal treatise, Antineutralidad (1640), has been attracting attention in scholarship. This paper extensively scrutinizes the dating and authorship of the text. Sources found in several European archives have made it possible to establish with certainty the authorship of Diego Saavedra Fajardo and the precise period in which Antineutralidad was written (between January and March 1640). This determination is backed by a comparative analysis of early modern texts. Lastly, explorations based on themes and inner logic reveal highly sophisticated and superior planning, argumentation, structural cohesion and innovation, qualities which ennabled the author to create an overarching framework to defend the House of Austria, including key German and European political and legal themes, integrated and fused with both Spanish Habsburg and Christian universalist thinking. Keywords: Saavedra Fajardo, early modern political thought, Habsburg studies, imperial ideology, Spanish political philosophy.

THE PASSIVITY OF ITALY IN COUNTERACTING DOMESTIC VIOLENCE: THE TALPIS V. ITALY CASE

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

REGULATING ARTIFICIAL INTELLIGENCE: PLEASE APPLY EXISTING REGULATION

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

WHAT ARE THE MAJOR FACTORS HAMPERING THE EFFECTIVENESS OF THE HUMAN RIGHTS COUNCIL?

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!

Qualitative Stakeholder Analysis for a Swedish Regional Biogas Development: A Thematic Network Approach

The creation of pathways toward a societal transition to clean energy requires the engagement of multiple stakeholders with different and sometimes conflicting interests. In this connection, stakeholder analysis (SA) offers a technique for identifying, assessing and structuring different needs, interests and concerns related to different stakeholders within the context of sustainability. This article aims to present the findings from a qualitative stakeholder analysis (QSA) by using a thematic network approach (TNA), with the help of the ATLAS.ti software. It focuses on Project X, which was aimed at engaging multiple stakeholders and creating favorable conditions for small and medium-sized companies in a region situated in the central part of Sweden, with the potential to start biogas production. In this work, the findings and discussions of the QSA using TNA are structured by using the political, economic, social, technological, environmental and legal (PESTEL) themes of the model. The present study concludes that for the small-scale biogas industry to successfully develop an understanding of the possibilities of the biogas value chain, it is necessary to have analyzed the nature of the main themes by which various stakeholders relate to biogas production and envision their contribution to creating a sustainable society. Herein, we demonstrate that QSA by a TNA, combined with the application of a PESTEL model, are valuable analytical tools in sustainable project management. The lessons from Project X can be applied to other local biogas initiatives, as many identified threats and opportunities are shared by others.

OBJECTIVE 8 AT THE CROSSROADS BETWEEN HUMAN RIGHTS AND NATIONAL SOVEREIGNTY

Amsterdam Law Forum (ALF) is the student-run 'International Law Journal' of VU University. Every year ALF publishes a winter, spring, and summer issue. The journal consists of three sections; scientific articles, opinion articles, and commentaries. As of this year, ALF also creates a section for inaugural speeches. In addition, ALF hosts a conference in spring with a relevant legal theme, where renowned speakers are invited to share their perspectives. Overall, ALF is a topical journal that provides a platform for established scholars and young academics to share knowledge, opinions and experiences and to make contributions to the international law discourse. Staff, PhD students and master students who have written a very good thesis are invited to submit an article to ALF. What is learned in the cradle is carried to the tomb: we are looking forward to sharing your articles on our website!