Legitimate Use Research Articles

Covenants in the Qurʾān

Covenant (‘ahd and mīthāq) occupies a central place in the Qurʾān but has been understudied and underrepresented in discourses about Islam. This article contributes to redressing this lacuna by conducting a content analysis of the Qurʾān, specifically the terms ‘ahd and mīthāq that refer to the concept of covenant. It applies the Maqāṣid Methodology and Framework developed by Jasser Auda to examine the concepts, objectives, values, commands, universal laws, groups, and proofs associated with covenants in the Qurʾān. Reading the Qurʾān in light of covenants provides a new perspective on issues of human existence and coexistence, including interreligious relations, coexistence with non-Muslims, and conditions governing the legitimate use of armed force in Islam. The article highlights the centrality and significance of covenants in the Qurʾān and contends that the study of covenants in the Qurʾān and sunnah ought to be integrated into Islamic studies curricula.

AI use in the workplace. Some legal risks and challenges

As Artificial Intelligence (AI) advances, businesses benefit from its ability to exponentially enhance process effectiveness and efficiency, while also facing risks related to personal data protection, human dignity, and ultimately, human identity. This article aims to investigate two domains where AI is frequently employed in labor relations: recruitment and employee monitoring. In these areas, the article seeks to discuss aspects that could help clarify the conditions for the legitimate use of AI. A potential application of the ECJ's SHUFA case solution in recruitment is proposed, while the case of Amazon France Logistique is analysed concerning AI-based employee monitoring.

Civil war violence and competing legitimacy claims: Evidence from district level courts cases in Nepal

Internal armed conflict is the ultimate instantiation of two actors – the state and a non-state group – challenging the legitimacy of one another. The state primarily responds violently to those who challenge, either violently or non-violently, its legitimacy. To what extent does the violent suppression of rebel activity erode state legitimacy? How does the potential for the use of violence by non-state armed groups and the offer of parallel governance erode state legitimacy? This research develops an argument specific to contested territories where both sides cannot offer model governance but use violence for opposing reasons, namely the rebel group to delegitimize the state and the state to regain its monopoly on the legitimate use of force. Because the use of violence from either side creates a demand for judicial remedies, I conceptualize the degree of legitimacy in terms of the utilization of the state court system in the face of increased violence by the state or non-state armed groups. In line with theoretical expectations, empirical analyses of criminal and civil cases filed in Nepal's district courts during the Maoist insurgency suggest a statistically significant negative impact of the rebel use of violence and their offer of alternative governance on state legitimacy. Similarly, the state's use of violence had a negative and significantly detrimental effect on state legitimacy.

Legal Status in the Donbas Conflicts: Foreign Fighters, Mercenaries, Far-Right Radicals

On January 6, 2021, an armed group of about two thousand people, who could not accept the loss of the election of former President Donald Trump, stormed the US Capitol. David C. Rapoport, who received many references to the wave theory of his in terrorism studies, penned an article on the Capitol Attack and said that he wondered what could happen when far-right actions coalesce into big movements. February 23, 2022, as the United Nations Security Council convened to resolve the ongoing tension between Russia and Ukraine, Russian President Vladimir Putin authorized the entry of the Russian Army into Ukraine on television screens. He said the 'special operation' was carried out under Article 51 of the United Nations Charter. The Donbas Conflict, which has been going on since 2014, seems to have presented a historic opportunity to the far-right radicals. Special military forces, foreign fighters, far-right radicals, terrorist organizations, states used force/violence. The conflicts attracted the attention of far-right radicals, and radicals found ample scope for legitimate use and access to the means of violence. The aim of the study is to present the legal framework of the space created by the Donbas Conflicts for far-right radicals. For this purpose, the legal framework applicable to the conflict will be drawn, the rights and authorities granted to the actors within this legal framework will be determined, and it will be investigated what kind of freedom the far-right radicals have achieved within this legal framework.

Creeping Road Traffic Surveillance in Latvia: Social and Legal Implications of Digital Policing Tools

This article critically analyses road traffic surveillance and its social and legal implications, with a focus on the use of digital tools in policing, namely: speed cameras, drones, and a police mobile application in Latvia. Specifically, the article explores: (1) the attributed role of these surveillance tools in terms of caring, preventive, and punitive functions and the potential for function creep and (2) the key challenges these tools pose to fundamental rights and data protection. Thus, it contributes to academic and public debate around the consequences of digital surveillance and embedding democratic governance in policing. The research is based on an exploratory case study that includes analysis of expert interviews, media coverage, the legal framework, and a focus group with traffic participants. We argue that, while the use of these surveillance tools is construed as an example of benevolent and caring surveillance aimed at improving road safety in a preventive manner, it is reliant upon a pronounced punitive dimension that in itself may not be conducive to behavioural change. At the same time, the increasing deployment of all of these tools may lead to function creep and raises challenges for fundamental rights and data protection. While efforts have been made to ensure legitimate use of these tools, not enough attention has been paid to their compliance with data protection requirements. Moreover, there is a need to improve the regulatory framework regarding police use of new surveillance tools, such as drones, which would determine the purposes of such uses and set an obligation to evaluate their effectiveness, impact, and proportionality in order to comply with fundamental rights law and ensure their trustworthy use.

Research on consumers understanding and attitudes to food additives Taking Shanghai as an example

Nowadays, there are a variety of food additives on the market, and the use of food additives is becoming increasingly frequent. However, most consumers are not very familiar with some common food additives, and there is a common misconception about food additives, believing that they will definitely pose a threat to human health. According to previous studies, the legitimate and reasonable use of food additives does not affect health. Therefore, this study uses a questionnaire survey to study consumers' awareness and attitudes towards common food additives, taking Shanghai as an example. It can be concluded that consumers in Shanghai generally have a low level of understanding of food additives, so this paper analyzes the survey data and proposes some relevant suggestions to address this situation. For instance, the government can eliminate public misunderstandings through extensive publicity.

Legitimacy of Using Force as a Fundamental Ingredient for Military Motivation in Robust Peacekeeping Operations

ABSTRACT The notion of legitimacy is essential to motivate soldiers to fight in wars. However, the value of this factor to motivate in operations that do not involve the state’s vital interests – such as peacekeeping – is little explored. Drawing upon theories of the legitimate use of force and combat motivation, I argue that the UN legitimacy of using force to advance peacekeeping mandates is fundamental for the motivation of the blue helmets to carry out risky tasks and fight, as necessary, in robust PKOs. The article begins by proposing an operational definition of legitimacy to use force to advance peacekeeping mandates, a necessary step for effective communication with interviewees in subsequent empirical investigations. Then, it explores the connection between legitimacy and soldiers’ motivation to fight. Lastly, a case study based on interviews with dozens of blue helmets investigates perceptions of the legitimacy to use force and its motivational role in robust PKOs. The results reveal that positive perceptions of the mission legitimacy to use force increase the blue helmets’ motivation to accomplish risky tasks. Consequently, the article points to increasing awareness about the conditions that render the use of force legitimate as a way to improve military performances in robust PKOs.

Capturing the science behind the craft: a reporting framework to improve quality and confidence in nonsimulated models

AbstractQualitative nonsimulated models (causal loop diagrams, stock‐flow diagrams, or hybrids of both) have been used since within a decade after the inception of system dynamics (SD). In this article, we assert that the well‐known weaknesses of nonsimulated models need to be balanced against the contexts, purposes, and strengths that nonsimulated models provide. We propose a framework consisting of a set of best practices for model reporting and documentation that would improve the quality, consistency, and transparency of nonsimulated models. Several high‐quality examples are described and referenced in the framework to illustrate support of each criterion. The framework's purpose is help improve the transparency around the creation and evaluation of nonsimulated models, thereby enhancing their confidence and legitimate use in SD practice. Ultimately, high‐quality nonsimulated models can offer broader access to the powerful body of SD knowledge to audiences likely never to have access to formal SD simulation models. © 2023 System Dynamics Society.

A Wolf in Sheep’s Clothing? Critical Discourse Analysis of Five Online Automated Paraphrasing Sites

Research on academic integrity used to focus more on student character and behaviour. Now this research includes wider viewing of this issue as a current teaching and learning challenge which requires pedagogical intervention. It is now the responsibility of staff and institutions to treat the creation of a learning environment supporting academic integrity as a teaching and learning priority. Plagiarism by simply copying other people’s work is a well-known misconduct which undermines academic integrity; moreover, technological developments have evolved plagiarism to include the generation and copying of computer-generated text. Automated paraphrasing tool (APT) websites have become increasingly common, offering students machine-generated rephrased text that students input from their own or others’ writing. These developments present a creeping erosion of academic integrity under the guise of legitimate academic assistance. This also has implications for arrival of large language model (LLM) generative AI tools. In accessing these sites, students must discern what is a legitimate use of the tool and what may constitute breaching academic integrity. This study critically analysed the text from five online paraphrasing websites to examine the discourses used to legitimise and encourage APT use in both appropriate and inappropriate ways. We conceptualised these competing discourses using Sheep and Wolf metaphors. In addition, we offer a metaphor of the Educator as a Shepherd to become aware of APT website claims and assist students to develop critical language awareness when exposed to these sites. Educators can assist students with this through knowledge of how these sites use language to entice users to circumvent learning.

Convicting Autonomous Weapons?

Abstract If autonomous weapon systems (AWS) cause harm beyond their legitimate military use, e.g., by killing innocent civilians, the question arises as to who can be held responsible. Due to the great number of persons involved in the construction, programming, training, and deploying of AWS, a ‘responsibility gap’ has been diagnosed. As it is neither theoretically nor practically feasible to impose criminal responsibility on AWS themselves, various doctrines of international criminal law (ICL) have been suggested with a view toward making individual persons responsible for the AWS’s malfunctioning. The mens rea requirements of ICL are, however, likely to severely limit individual criminal responsibility. The author suggests that the emphasis should not be on bending legal doctrine in a futile effort to close the ‘responsibility gap’ but on establishing specific obligations to train, test, and continually observe the operation of AWS in order to avoid malfunctioning.

‘Block talk’ on Twitter: Material affordances and communicative norms

This article explores the phenomenon of block talk among Germanspeaking Twitter users, based on a subsample of 1700 tweets from a larger corpus of 380,000 block-related tweets collected between February and December 2021. Block talk refers to users publicly mentioning and conversing about the disconnective practice of blocking, which sometimes stimulates a debate about the legitimate use of blocking while at other times providing an outgroup marker for collective positioning. Through the example of block talk we demonstrate that the platform’s curatorial infrastructure for drawing boundaries between public and private is continuously negotiated, and that this negotiation transforms the meaning of some of the default communicative affordances of the platform but also creates its own routines of making public. On the one hand, we show how users adapt conversational devices such as hashtags, screenshots, and @-mentions in the context of block talk. On the other hand, we present examples of Twitter users’ normative reflections about blocking and discuss them as processes of metapragmatic enregisterment. In the final discussion, we propose to integrate processes of routinized adaptation as well as reflexive enregisterment into a joint process of ‘communicative infrastructuring’.

Citizens' acceptance of artificial intelligence in public services: Evidence from a conjoint experiment about processing permit applications

Citizens' acceptance of artificial intelligence (AI) in public service delivery is important for its legitimate and effective use by government. Human involvement in AI systems has been suggested as a way to boost citizens' acceptance and perceptions of these systems' fairness. However, there is little empirical evidence to assess these claims. To address this gap, we conducted a pre-registered conjoint experiment in the UK regarding acceptance of AI in processing public permits: for immigration visas and parking permits. We hypothesise that greater human involvement boosts acceptance of AI in decision-making and associated perceptions of its fairness. We further hypothesise that greater human involvement mitigates the negative impact of certain AI features, such as inaccuracy, high cost, or data sharing. From our study, we find that more human involvement tends to increase acceptance, and that perceptions of fairness were less influenced. Yet, when substantial human discretion was introduced in parking permit scenarios, respondents preferred more limited human input. We found little evidence that human involvement moderates the impact of AI's unfavourable attributes. System-level factors such as high accuracy, the presence of an appeals system, increased transparency, reduced cost, non-sharing of data, and the absence of private company involvement all boost both acceptance and perceived procedural fairness. We find limited evidence that individual characteristics affect these results. The findings show how the design of AI systems can increase its acceptability to citizens for use in public services.

Overcoming personal information protection challenges involving real-world data to support public health efforts in China.

In the information age, real-world data-based evidence can help extrapolate and supplement data from randomized controlled trials, which can benefit clinical trials and drug development and improve public health decision-making. However, the legitimate use of real-world data in China is limited due to concerns over patient confidentiality. The use of personal information is a core element of data governance in public health. In China's public health data governance, practical problems exist, such as balancing personal information protection and public value conflict. In 2021, China adopted the Personal Information Protection Law (PIPL) to provide a consistent legal framework for protecting personal information, including sensitive medical health data. Despite the PIPL offering critical legal safeguards for processing health data, further clarification is needed regarding specific issues, including the meaning of "separate consent," cross-border data transfer requirements, and exceptions for scientific research. A shift in the law and regulatory framework is necessary to advance public health research further and realize the potential benefits of combining real-world evidence and digital health while respecting privacy in the technological and demographic change era.

Treatment of Pain Revisited ‐ The argument against too rapid resort to narcotic analgesics in Emergency Departments in Australia

Introduction: Pain is a common neurological complaint with many patients already taking narcotic analgesics at presentation to the neurologist. This paper examines an approach to pain management aimed to avoid narcotic analgesics. Clinical Practice: Pain is subjective and may be considered as either acute or chronic pain, differentiated between pain provoking avoidance or pain without benefit. Pain management is determined by the underlying diagnosis and clinical status. Use of Narcotic Analgesics: Narcotic analgesics have the potential for abuse and pose public health risks. Abuse has increased among street and recreational drug users. The Australian Government restricted access to combination codeine containing medications, requiring a prescription and medical supervision. Discussion: While there exist specific pain syndromes, the use of narcotic analgesics should be judicious. Their use should be restricted to refractory pain but should not exclude their legitimate use, once alternative remediation has been exhausted and entails medical supervision. Conclusion: Narcotic analgesics should not be the first line treatment for pain, with initial approach directed towards diagnosis and treating the underlying cause. Once refractory chronic pain has been established, narcotic analgesics should be available under medical supervision, acknowledging the risk of overuse and addiction.

A tale of two cases – investigating reasoning in similar cases with different outcomes

ABSTRACT Why is it that some care order cases result in the child being removed from parental care, while in others she is not, despite the cases being similar? This paper investigates how decision-makers reason and justify different outcomes for similar cases, by an analysis of four pairs of judgments (from Norway, Estonia, and Finland) about care orders, using thematic analysis. The comparison is within the pairs and not across countries. I find that the variance in outcome and reasoning seems to be a result of discretionary evaluations: risk, cooperation of the parents, and the potential of services to alleviate the situation are interpreted differently in the cases and lead to different outcomes. This appears to be a legitimate use of the discretionary space available to the decision-makers. The decisions are justified with ‘good reasons’ mostly related to threshold, the least intrusive intervention principle, and the best interests of the child. Such justifications are suitable to provide accountability and legitimacy, but the reasoning is at times lacking transparency and thoroughness. The reasoning is longer in the non-removal cases, suggesting that more thorough reasoning is required when the decision-makers depart from the most common outcome.

States as Masters of (Investment) Treaties: The Rise of Joint Interpretative Statements

Abstract Joint Interpretative Statements have grown in popularity in recent years as a tool States can use to authoritatively interpret, or reinterpret, investment treaties with the seminal case being NAFTA but provisions for making them have been included in numerous investment treaties and India, Colombia, France, Mauritius, and the EU member States themselves have recently entered into joint interpretative statements. The CETA Joint Committee would also appear to be close to issuing its first “decision” which, in effect, is a joint interpretative statement. Despite this growth, in general, investment tribunals are ill-equipped to apply such statements and, as case studies analyzed in the article show, often commit serious errors when deciding cases involving them. These errors include not applying the relevant articles of the Vienna Convention on the Law of Treaties (VCLT), failing to consider decisions by international tribunals, including the ICJ, regarding joint interpretative statements, and ignoring “the teachings of the most highly qualified publicists” with respect to such statements. These failings risk undermining States’ legitimate use of joint interpretative statements, as well as eroding the legitimacy of the ISDS system as a whole, due to repeated misinterpretations and misstatements of the applicable law. This paper aims to respond to the crisis by firstly setting out the relevant international law principles, with these being found primarily in the VCLT, secondly outlining when and how tribunals, and on occasion State courts, have fallen short in their analysis of said principles, and thirdly outlining various possible “futures” for joint interpretative statements, as well as suggesting means by which States might ensure that they are properly applied.

The relationship of the procedure for obtaining samples for examination in criminal proceedings with regulatory and legal acts in the field of criminal proceedings of other countries

The article draws attention to and analyzes the main regulatory legal acts that ensure international standards for the observance and protection of people’s rights and freedoms in terms of obtaining samples for examination, including in criminal proceedings, which include: The Universal Declaration of Human Rights, the International Covenant on civil and political rights, the European Convention on Human Rights, the Convention against Torture and Other Cruel, Inhuman or Degrading Treatment and Punishment, etc.
 In the course of the research, it was found that in practice, law enforcement agencies, in a number of cases, have to face opposition from the participants in criminal proceedings regarding obtaining biological samples of a person for examination. So, as a form of counteraction, there are: 1) refusal to voluntarily provide biological samples of a person; 2) challenging the actions of law enforcement officers regarding the legitimate use of coercion to obtain biological samples of a person; 3) active resistance during the forced collection of biological samples of a person for examination (with reference to the fact that such actions degrade the honor and dignity of a person or are dangerous for his health).
 It has been proven that in the absence of normatively defined forms, methods and subjects of the use of coercion during the forced collection of biological samples of a person in criminal proceedings, as well as ignoring the issues outlined by the legislator for a considerable time, the leading role is played by the line of conduct of the subject of the investigation, his professional competence , tactical combinations, the essence of which is to influence the person from whom the samples are taken.
 As a result of a thorough analysis of the procedure for taking samples from things and documents for examination, defined in the Criminal Procedure Code of Ukraine, demonstrates, in general, its compliance with international standards for conducting similar procedural actions, including the use of coercion. However, attention is focused on the impracticality of obtaining additional court permission to conduct a search in cases of refusal to voluntarily comply with a court order regarding the provision of samples of things and documents, as provided for in Art. 166 of the Criminal Code of Ukraine in accordance with the rules of temporary access to things and documents.

가정폭력피해자의 개인정보보호를 위한 법제 개선에 대한 연구

According to the Inconsistency with the Constitution on the part relating to “request of the issuance of a family relation certificate and an identification certificate by lineal blood relatives among certificates prescribed in Article 15” in the main clause of Article 14 (1) of the Act on Registration of Family Relations, the Act on Registration of Family Relations was amended to limit the issuance of certificates and disclosure of information to be entered to persons designated by domestic violence victims and has been in effect since January 1, 2022. This amendment is important in that victims of domestic violence were given control of personal information under the Act on Registration of Family Relations.
 However, limitations may point out in that the 2022 revised Family Relations Registration Act is not easy to understand due to its complexity and lacks protection of the interests of those subject to disclosure restrictions, not domestic violence offenders. Furthermore, further improvement is required considering the need to protect personal information in our current society, the increased risk of leakage due to strengthening access to personal information, and changes in public perception of families. Accordingly, in the short-term improvement direction, it was proposed to add immediate notification and periodic verification procedures, and to apply the system to protect personal information of crime victims other than domestic violence. A plan to reduce the scope of claimants for issuance of certificates was proposed as a mid- to long-term improvement direction.
 Based on the improvement direction proposed, the 2022 revised Family Relations Registration Act will play a role as an effective system for actively guaranteeing personal information of domestic violence victims, suppress the misuse, abuse, and leakage of personal information and aim for the legitimate use of personal information. under the Act on Registration of Family Relations.

The Evolution of a Social Problem: The Case of the Switchblade Knife

ABSTRACT We illustrate the evolution of a social problem by describing the history of the switchblade knife and claims used by moral entrepreneurs to change the switchblade’s legal status in American. To investigate this issue, we conduct a historical-event analysis using legal documents, newspapers, magazines, advertisements, books, and testimonials. We argue that the switchblade’s deviant status evolved not from the objective harm it caused, but rather, from sensational claims made by moral entrepreneurs. In our analysis, politicians successfully singled out and redefined the switchblade as a vicious weapon with no legitimate civilian use and created concern for this particular knife by drawing attention to its associations with a dangerous class and criminal behavior. Additionally, we show how politico-moral entrepreneurs utilize sensational claims and sketchy data to create, proliferate, and regulate a new social problem. We conclude by discussing the role of power regarding the ability to define and regulate social problems.

Derivative Works of Science, Literature and Art

The subject of the study is derivative works of science, literature and art, which in the list of types of works of science, literature and art are called derivative works as independent objects of copyright, which means that they have specific features. Various approaches to defining the subject of a derivative product are considered. The characteristics of a derivative work inherent in any work and the distinguishing features from other types of works of science, literature and art are analyzed. Based on the analysis of the elements of the work of science, literature, art the author shows which elements can be freely used in the creation of a new work and which elements are protected, and therefore their use makes the new work dependent, derivative. It is proposed to clarify the characteristics of the derivative product. The issue of respecting author’s rights, whose work was translated or had any type of text processing, is investigated. The relationship between the exercise of the rights of the author of the original work to inviolability and the right to process the work is analyzed. The conclusion is justified that the right to inviolability applies to the work created by the author personally, and the result of translation or any text processing is a new work, in respect of which the author of the translation and other processing has copyright. The conditions for the legitimate use of the derivative work are considered, namely the need to obtain the author’s consent to redo his/her work and keep the author›s idea and plan of the used work. It is noted that a clarification is required on what is considered as non-conservation of the meaning of the used work. The conclusion is argued that a violation of this condition is a misrepresentation, perversion of meaning or other change in the work, discrediting the honor, dignity or business reputation of the original work author.