Legal Work Research Articles

Tyrania cicha i zawoalowana według traktatu „De tyranno” Bartolusa de Saxoferrato

The paper is devoted to the tacit and veiled tyranny, a concept developed by Bartolus de Saxoferrato in his treatise On the Tyrant (De tyranno), widely regarded as an outstanding representative of the commentator school. In addition to his strictly legal work, which consists of commentaries on individual parts of the Corpus iuris civilis, he is also the author of political and legal treatises, dealing with important topics for the inhabitants of late medieval Italy. In the treatise, he decided to discuss in detail the theme of tyranny from the perspective of a jurist interested in solving the concrete problems that tyrant rule could cause in practice. He developed ways to classify rule as tyrannical, defining and outlining its various types, so that once a tyrant is removed from power, its legal consequences can be examined, including whether legal acts committed during tyranny are valid.
 The aim of this article is to analyse the tacit and disguised tyranny presented in the treatise De tyranno, to identify its essential characteristics and point out the features that distinguish it from manifest tyranny. The analysis covers the types of tyranny, the ways of hiding a tyrant, threats to rights and freedoms in the case of hidden tyranny, methods of exposing the hidden tyrant, ways of eliminating tyranny, and the validity of actions performed during tyranny. The examination of these aspects is intended not only to allow an understanding of Bartolus’ conception, but also to provide an answer to the question of the purpose singling out this form of tyranny serves.
 A veiled tyrant is one who rules a community against the law, hiding this fact behind some sort of veil. As a legal category, the distinction between tyranny ex defectu tituli and ex parte exercitii is fundamental. The distinction between a manifest and hidden tyrant does not have such far-reaching consequences. Tacit and veiled tyranny are sometimes treated as transitional categories. On many points, the comments applicable to manifest tyrants also apply to veiled tyrants. The purpose of distinguishing this category is to make the problem clearer — to state that a tyrant is also someone who seemingly has nothing to do with power or has little authority. Bartolus undertook to define and characterise this form of tyranny, indicating the legal instruments that could be used to deal with the undesirable political phenomenon as long as it had not yet assumed its mature form. The jurist considered it expedient to distinguish the category of a hidden tyrant so that they could be identified and held accountable under the law, although they did not formally possess any power or had very little of it, as a usurper or as one guilty of harming citizens.

Правове виховання в управлінській діяльності

Розглянуто поняття, зміст, суб’єкти та об’єкт правового виховання. Охарактеризовано його мету та забезпечення правовиховного впливу в управлінській діяльності державних службовців. Визначено кризові умови, які безпосередньо впливають на процес правового виховання та розглянуто завдання і напрями оптимізації правового виховання в сучасних умовах.

Polish-English LSP Dictionaries in Translation Work: Labour-Law Terminology from the Polish Labour Code in Terminographic and Translation Practice

The purpose of the article is to show the applicability of selected Polish-English LSP dictionaries in legal translation work. The paper analyses how well labour-law terminology, found in the Polish Labour Code, is covered in Polish-English LSP dictionaries and compares them to equivalents selected by Agnieszka Jamroży, the author of an English translation of the Polish Labour Code. Based on a collation of the English equivalents present in the reviewed resources, the author presents some conclusions as to what the studied dictionaries lack and what terminographers should focus on when compiling a labour-law dictionary that would be more useful to translators and other users. Essentially, the article presents the Polish labour-law language system and labour-law corpus, legal terms and labour law in the context of LSP dictionaries. The methodology is then outlined, followed by the findings from the review of the selected dictionaries and an example translation of the Polish Labour Code. Certain labour-law terms particularly stood out, and these have been reviewed in detail in the paper: they are documentacja pracownicza, wymiar czasu pracy, norma czasu pracy and dobowy wymiar czasu pracy. The publication ends with conclusions and findings on the applicability of Polish-English LSP dictionaries in legal translation work and implications for creating a labour-law dictionary for translation purposes based on the research.

The Working Culture of Legal Aid Lawyers: Developing a ‘Shared Orientation Model’

This paper critically explores the working culture of legal aid lawyers and develops a novel ‘Shared Orientation’ model to better understand contemporary legal aid work and its workers. Set within a context of changing professional identities, a shrinking industry and financial constraints, the paper draws on ethnographic and interview data conducted with a high-street firm, multiple courtrooms and a law centre. It examines the emerging relevance and applicability of this new conceptual lens, refocusing the gaze on working life in fissured legal workplaces. It is argued that the ‘Shared Orientation’ model upholds multiple functions. Firstly, it captures the cultural heterogeneity of the legal aid profession, across civil-criminal and solicitor-barrister remits alike. Secondly, the model functions as a form of cohesive coping mechanism in response to the changing professional identity of the legal aid lawyers. Moreover, the ‘Shared Orientation’ offers unity as a way of functioning in an otherwise fragmented profession through its preservation of working culture ideals.

ПИТАННЯ КОНКУРЕНЦІЇ НОРМ КОДЕКСУ УКРАЇНИ З ПРОЦЕДУР БАНКРУТСТВА ТА ЗАКОНУ УКРАЇНИ «ПРО ВИКОНАВЧЕ ПРОВАДЖЕННЯ» У СПРАВАХ ПРО НЕПЛАТОСПРОМОЖНІСТЬ ФІЗИЧНИХ ОСІБ

The Code of Ukraine on Bankruptcy Procedures is the first insolvency law codified in domestic legislation. The legislative novelty is the so-called consumer bankruptcy provided by the Code, the restoration of solvency through the settlement of problem debts of individuals, individuals – entrepreneurs to banks, microfinance organizations, arrears of taxes, fees and other mandatory payments within the framework of litigation, and in case of impossibility – their repayment (write-off) in the procedure of debt repayment. In addition, the new Code offers special conditions for addressing the issue of “foreign currency borrowers”, which has become relevant for many Ukrainians after the financial crisis of 2008. In general, the procedure for restoring the solvency of individuals is designed to encourage responsible borrowing, start or resume business, increase economic activity and taxable income, aimed at preventing crime and unemployment. Such a procedure is beneficial not only to the debtor, but also to the state. An individual, getting rid of debts, returns to active legal work, and the state returns another economic unit to an active lifestyle, acquires another taxpayer. In addition, the procedure provides creditors of the debtor – an individual with legal grounds for instalment and (or) write-off of part of the debt, as well as improving their own financial performance. However, currently many norms of the Code and other acts of the legislation of Ukraine are inconsistent, which causes conflicts during their practical application. The article considers some aspects that arise in cases of insolvency of individuals, individuals – entrepreneurs during the competition of the Code of Ukraine on Bankruptcy Procedures and the Law of Ukraine “On Enforcement Proceedings”, which relate to: suspension of enforcement proceedings during the moratorium on satisfaction of claims creditors; removal of arrests (encumbrances) in the procedure of debt repayment; consequences of the completion of the debt repayment procedure (including the exclusion of a person from the Unified Register of Debtors), identified problematic issues and proposals for their improvement by making appropriate changes to the legislation of Ukraine.

Prologue to truth: Argentina’s National Commission on the Disappeared and the authority of international law

AbstractArgentina’s 1980s transition to democracy is globally admired for pioneering a state-led process addressing the 1976–1983 dictatorship’s state-violence. The role of international law in the transition is well documented, especially through human rights and crimes against humanity. Yet, the extent to which Argentina’s transition was intertwined with international law and subject to its jurisdictional force deserves greater attention. This article analyses how the Argentinian truth commission (TC) accounts for the dictatorship’s state-violence, and how international law is implicated in the making of this account. It argues that the TC’s account draws on the authority of international law to establish the unlawfulness of the dictatorship’s state-violence. In turn, the TC subjects the meaning and interpretation of the dictatorship’s state-violence to a Eurocentric/Anglo-American lawfulness embedded in, and mobilized by, international law in the late-Cold War. To examine this, the article re-reads the Prologue to the TC’s Report as a literary text that does international legal work, harnessing the authority of international law in a way that has enabled the TC to deploy an authoritative, internationally acceptable, account of the unlawfulness of the dictatorship’s state-violence. This reading is based on original archival research, on scholarship in the fields of ‘law and literature’ and the history and theory of international law.

EU Competition Law as Responsive Law

AbstractThis article proposes two broad ways to conceptualise EU competition law. EU competition law could be viewed as ‘autonomous law’ (‘AL’), namely as a closed normative system a technocratic tool consisting in a set of rules that prohibit undue restraints of trade. Or, EU competition law could be viewed as ‘responsive law’ (‘RL’), namely as a relatively open normative system and an interpretive practice that oscillates between openness and integrity. The responsiveness approach offers a compelling conceptualisation as it explains certain endogenous features of EU competition law: its fuzzy mandate, conceptually elastic vocabulary, and use of rules and standards. In addition, the responsiveness approach can clarify the role economics plays in EU competition law. It views economics as an ‘ideological science’, which, even though it cannot insulate this legal field from value disagreements and make it ‘autonomous’, it can provide a source for positive and normative interpretive statements. On this basis the responsiveness approach maintains that EU competition law is by design open—ie conceptually elastic and factually sensitive—and that its openness can enhance, but also undermine its integrity—ie its capacity to realise its objective in a rule of law compatible manner. These conflicts between openness and integrity are the cause of EU competition law's relative indeterminacy. To deal with the problem of indeterminacy, the RL approach proposes a tripartite legal-institutional modus operandi consisting in constructive interpretation, responsive enforcement, and catalytic adjudication. Hence, considering EU competition law as a form of responsive law has three major implications: first, it offers a new way for understanding how this legal field works and changes; second, it suggests a strategy for dealing with EU competition law's indeterminacy, and third it proposes a new framing for the discursive practices of EU competition law's epistemic community.

Climate Crisis, Legal Education and Law Student Well-Being

This article addresses the impact of the climate crisis on the mental health of young people in the context of legal education. It reviews the evidence on youth mental health regarding the climate crisis and applies it to what is already known about law student well-being. Drawing on theories of learning design, the article considers a range of pedagogical strategies that law schools can use to engage students who are committed to action on climate change through law. A case study, the Climate Justice Initiative at The University of Queensland School of Law, is presented as one example of what is possible. This article emphasises the significance of a partnership approach to student engagement and contends that this may yield benefits especially in the context of climate change-related legal work. Despite the negative psychological impact of the climate crisis on law students, it concludes that there are practical activities that law schools can and should initiate to support student well-being.

In the Struggle: Scholars and the Fight Against Industrial Agribusiness in California

In the Struggle: Scholars and the Fight Against Industrial Agribusiness in California

James I of Aragon (1213–1276)

James I, King of Aragon (1213–1276). He was the third king of the Crown of Aragon, which had come into existence through the union between Queen Petronila of Aragon (1157–1164) and the Count of Barcelona Ramon Berenguer IV (1137–1162). James I represents a milestone in the iconography of the Kings of Aragon, although this is due more to his successors’ promotion of him rather than to his own efforts. In order to organise and unify his dominions after the conquests of Mallorca and Valencia, he immersed himself in legal work that consolidated his legislative power whilst still allowing his territories to retain a certain degree of autonomy. He carried out an essential monetary reorganisation in which his coinage retained its obverse but altered its reverse according to the place of issue. He never succeeded in being crowned, although he featured the crown prominently in his stamps and seals and, on some coins, he added the term rex gratia Dei. In addition, he revived the sword as a royal insignia, having proclaimed the right of conquest as the basis of his sovereignty.

The deployment of artificial intelligence in alternative dispute resolution: the AI augmented arbitrator

ABSTRACT Artificial Intelligence (AI) is reshaping the way legal services are delivered, which includes arbitrators in Alternative Dispute Resolution (ADR) proceedings. This trend is being accelerated by the coronavirus (COVID-19) pandemic, with many disputes being conducted online. Previously, legal tasks have usually been associated with human lawyers; however, increasingly autonomous computer systems may soon replace arbitrators in the delivery of legal services in ADR proceedings. This article evaluates the extent to which the deployment of AI may augment arbitrators in ADR proceedings and provides an analysis of how much legal work may be effectively performed by AI in ADR proceedings. The central focus is on the capabilities of AI systems against human arbitrators and the requirement for human intervention and supervision of AI systems deployed in ADR proceedings. This article extends the debate on AI and arbitrators where the focus is on the augmentation of legal services in ADR with AI systems and the implications therein. The doctrinal approach is employed to conduct the study. The primary objective of this article is to evaluate the extent to which the deployment of AI systems may augment the efficiency and productivity of legal services in ADR and to highlight the proposed recommendations.

Преступление согласно исламскому праву: понятие, соотношение с грехом и классификация

This article appears to be the result of extensive research dedicated to the question of the correct use of the common language while studying Islamic legal culture, and particularly the con-cepts of sin and crime. Consisting of the Quran and Sunnah of the Prophet Muhammad, Sharia turns out to be the basis for fiqh and Islamic law. The latter is a legal phenomenon implying differ-ent legal concepts such as crimes. As we can see from the legal works analysed, the authors often synonymise the terms ‘sin’ and ‘crime’; at the same time it is strongly recommended to differentiate these terms in the context of Sharia, fiqh and Islamic law. However, in our opinion, it is necessary to distinguish between these two categories, since Sharia that deals only with sins is a set of reli-gious norms not relevant to law and jurisprudence. There is no doubt that Sharia norms can be re-flected in the law, but it is just another evidence of Islamic law to be based on Sharia. Quite the con-trary, crime is a legal concept established by legislation. There are times when Sharia, legislation and legal doctrines coincide, and the same act can be considered both as a sin and as a crime, but it does not mean that they are identified. Thus, the novelty of the study consists in the distinction between the concepts of ‘sin’ and ‘crime’ in Sharia and Islamic Law. Besides, having finished the research in such categories as ‘qisas’, ‘diya’ and ‘tazir’, the author comes to a conclusion that the states which hold themselves out to be ‘Islamic’ ought to include these types in their legislation. Elsewise, such states do not have the right to be called ‘Islamic’.

Socio-psychological features and legal norms of the life of adolescents from distant families of labor migrants

The article considers the distant family as a social institution of education, formation and development of personality. The current state of solving the problem of socio-psychological and legal work with children from distant families is analyzed. The sample of the study is described in detail by family type, sex, absence of father / mother and duration of absence. The peculiarities of the functioning of the emotional sphere of adolescents from distant families (anxiety, aggression, hostility), low level of socio-psychological adaptation, low level of emotional well-being in the family have been experimentally determined. The relationship between the degree of socio-psychological adaptation of the adolescent’s personality and emotional states is proved. The dependence of gender differences in the functioning of the family and the emotional sphere of adolescents has been established. The types of groups of adolescents from distant families are determined, in particular: anxious, aggressive-anxious, hostile-anxious, aggressive-hostile, absence of manifestation of negative signs. A structural and functional model of social and psychological support of remote families has been developed, which provides for work with adolescents and their parents with the use of special technologies to ensure the effectiveness of conditions that form harmonious family relationships.

Impact of SARS-CoV-2 pandemic on dermatology residents: A nationwide French study.

Background Coronavirus disease 2019 (COVID-19) has changed the practice of all health-care professionals. Determining the impact could prevent repercussions in future crisis. Objectives The objectives of the study were to assess the impact of the COVID-19 pandemic on dermatology residents' professional practice, working conditions, academic training and mental health. Methods An online questionnaire was sent to all French dermatology residents. We compared the activity of residents working in areas heavily impacted by COVID-19 to others. Logistic multivariate regressions were done, using as outcome variables the negative impact of the COVID crisis on residents' possibility to practice dermatology during the crisis, supervision, academic training and working more than 50 h/week. The last part of the questionnaire was the burnout questionnaire of Maslach. Results A total of 246 residents filled the questionnaire. Residents working in highly impacted COVID areas (odds ratio, OR 0.34 confidence interval, CI [0.18, 0.61], P ≤ 0.001), first-year postgraduate (PGY-1) residents (OR 0.46 CI [0.23, 0.91], P = 0.023) and those in private practice (OR 0.10 CI [0.01, 0.57], P = 0.032) were significantly less able to maintain dermatology activities. Worse supervision was significantly more frequent with non-PGY-1 residents (OR 3.24 CI [1.65, 6.65], P < 0.001). One hundred and eighty one residents claimed the pandemic to have a negative effect on their dermatology curriculum with no difference according to their regions' affection by COVID-19. This was mostly attributed to the cancelation of courses and congresses. PGY-1 residents (OR 2.09 CI [1.09, 4.04], P = 0.029) and residents in highly affected areas (OR 1.79 CI [1.01, 3.18], P = 0.049) were more at risk of working above the maximal legal working time. None of the residents was free of burnout symptoms. Conclusion Dermatology residents have been highly affected by COVID-19. It might be important to have a more integrated healthcare system to fight times of crisis with the least repercussions on residents.

Comparison of Indonesian and Malaysian Legal Systems in Rules, Traditions, and Community Behavior

This article aims to compare the legal system in Indonesia with the legal system in Malaysia by looking at the similarities and differences between the two countries legal systems. In this paper, we use a normative juridical approach, which is to examine the laws and regulations as well as the attitudes and behavior patterns of citizens towards the law and legal system in force in a country based on secondary legal sources consisting of legislation and other related documents. The results of the discussion conclude that in general both Indonesia and Malaysia have similarities in terms of: (1) The structure of the highest judicial institution along with the judicial institutions below it as well as the implementing institutions of statutory regulations. (2) Regulations, rules and real behavior patterns in various fields of life of the citizens concerned. (3) Attitudes towards the law and the legal system of citizens are in the form of beliefs, values, awareness, ideas and hopes that make the legal process work. Meanwhile, specifically between Indonesia and Malaysia have differences due to: (1) Legal structures influenced by local or domestic and global legal traditions. (2) Legislative regulations whose formulation is influenced by local or domestic and global legal traditions. (3) The legal process runs according to the situation, conditions and problems faced by the country concerned.Keywords: Comparison of the legal system, the legal system in Indonesia, the legal system in Malaysia.

Regional Orders, Geopolitics, and the Future of International Law

Abstract This article argues that the old international law of empires, greater spaces, and regional orders did not disappear with the creation of the United Nations. While revisionist histories of international law have complicated the claim that a Westphalian order of independent states completely replaced a world of more varied political forms in the mid-seventeenth century, international lawyers nonetheless largely accept that such a transformation did take place at some point. The state is treated as the normative political subject of international law, and any move away from the geography of statehood as the foundation of the international legal system is seen as novel, exceptional, or illegal. The narrative that the state has become the primary political subject and spatial form of international law masks the persistence of regional orders as a core feature of the contemporary legal system. This article shows that international lawyers have been engaged in justifying, making sense of, narrating, and assembling regional orders for at least the past century. It explores the rival regionalisms promoted during the inter-war period, the struggles over regional orders during the early decades of decolonization, the expansive vision of regional orders consolidated in the early post-Cold War decades by the United States and its allies, and the regional ambitions of China in the twenty-first century. It analyses how regional orders are assembled and resisted through international law, what values are proclaimed to justify different forms of regional ordering, whose interests are represented, and the relation between grand narratives and technical transactions in that legal work. The article concludes that bringing the concept of regional orders to the foreground can open up a new and timely set of questions about politics, representation, and the future of international law.

The Role of a Lawyer's Request as a Means of Legal Communication in the Field of Human Rights Advocacy

Judicial practice shows that the request of all lawyers is not answered, so the study of the role of the application is relevant. The objective of the research was to carry out a theoretical and legal analysis of the role of the lawyer's request in the field of the defense of human rights due to the peculiarities of its normative support as a means of legal communication. The following methods were used: direct observation; comparison method; analysis of the content of the documents governing the procedure for giving and receiving a response to a lawyer's request. Documents and normative-legal programs that regulate the order and peculiarities of the legal work of lawyers and their requests were identified. The article also examines the legal practice of using applications and analyzes the activity of lawyers to ensure the role of the application as an effective means of legal communication. It was found that, in Ukraine, the application practice itself remains an ineffective means of legal communication. However, the attorney does not always collect the information and documents necessary for the defense in due time.

Work hours and overtime of nurses working in Cambodian hospitals.

AimTo examine the nature and prevalence of Cambodian nurses’ work hours and overtime and related factorsBackgroundThe chronic shortage of nursing workforce is a major cause of overtime among nurses.IntroductionNursing shortage and working overtime among nurses negatively affect nurse and patient outcomes, but nurses’ work hours and overtime in Cambodia have not been comprehensively examined.MethodsA multicenter cross‐sectional study was conducted in four Cambodian hospitals. Data were collected from 253 nurses providing direct nursing care using a questionnaire. The STROBE checklist was used for reporting this study.ResultsMore than a fifth of staff nurses worked more than 48 h, which is the legal work hour limit in Cambodia. Two major reasons for working mandatory or voluntary overtime, on‐call or 24‐h on‐call were (a) not wanting to let down colleagues and (b) able to get all work done. The number of patients cared for was related to whether or not nurses worked 48 h or more.ConclusionOvertime work and adverse nurse scheduling are common in Cambodia.Implications for nursing and health policyNurse managers and healthcare institutes in Cambodia need to monitor Cambodian nurses’ work hours, which are often beyond the legal work hour limit. Moreover, it is important to understand why nurses work overtime and develop health policies, strategies, and programs that can help promote patient and nurse safety and retain qualified nursing staff. The 24‐h on‐call practice needs to be regulated according to the labor policy in healthcare institutes to prevent adverse nurse and patient outcomes.

The Professional Identity: Concept and Significance for Improving the Efficiency of Education of Law Students

The article deals with the problem of forming the professional identity of law students. Domestic and foreign approaches to the definition of the concept of "professional identity" are analyzed, the authors’ definition of professional identity is proposed. It is justified that an important condition for the formation of the professional identity of law students is their inclusion in real professional activities, interaction with representatives of various legal professions and persons interested in obtaining legal assistance. This organization of the educational process allows you to study the peculiarities of activity in the performance of duties in various legal specialties, which contributes to the formation of professional identity. The main stages of the development of professional identity fall on the period of study at the university, while practical training of students plays an important role, as a form of organizing educational process when mastering of the educational program happens in the invironment where students perform certain types of work related to future professional work and aimed at the formation, consolidation, development of practical skills and competencies in the profile of the corresponding educational program. Based on the analysis of normative legal acts, an option is proposed to implement practice-based training of students, which allows you to study the content of various legal specialties. It is noted that such development of the educational process will allow students to choose preferred options for legal work, which will ultimately contribute to successful professional growth. It was established that strengthening the practical-oriented part of the educational process in universities will eliminate the existing systemic gap between the level of qualifications of students during study and the degree of effectiveness of their subsequent professional identity as an important condition for the correct choice of the professional sphere.

The human rights field of modern Ukraine: interaction between state and non-state actors.

The situation with human rights violations in modern Ukraine remains quite acute, as evidenced by various sources at both the international and national levels, official and alternative. In such circumstances, human rights activities are of paramount importance. In the modern human rights field, formal (state) and informal (civil society) structures coexist, and rarely interact. A powerful tool in resolving systemic issues related to human rights is the institution of the ombudsman, represented by the Verkhovna Rada Commissioner for Human Rights and the President's specialized commissioners. The informal level is represented by non-governmental human rights NGOs, of which there are currently more than a hundred in Ukraine. They act as organized, structured, registered, etc. associations that work to promote and protect human rights and freedoms, to establish and maintain effective control over the observance of those freedoms and rights by the state, its bodies and officials. To achieve that, human rights organizations work simultaneously in such areas as the protection of human rights in specific cases (advocacy); dissemination of information on human rights, legal education work; analysis of the state of observance of human rights. As it was before, NGOs have different amounts of resources (background, experience, power, influence), depend on funding from foreign donors and compete with each other. One of the main resources for improving the effectiveness of the human rights field is the cooperation of the ombudsman with non-governmental organizations and the public. An example of cooperation is the model of Ukrainian National Preventive Mechanism (NPM), which has been operating in Ukraine since 2012 to prevent torture, although the format of this interaction has been criticized by experts in the context of the limited role of the public. The non-organizational level is represented by the individual practices of Ukrainians in the protection of human rights, the volume of which is increasing, but the efficiency remains low.