Notion Of Law Research Articles

Through an Hourglass Darkly? Navigating The Risk Landscape of the Reasonably Foreseeable Future

Abstract As refugee law has developed over time, broad authoritative principles have been espoused as interpretive aids to the refugee definition. The maxim that a well-founded fear of being persecuted entails a forward-looking appraisal of risk is one example. In some jurisdictions, such as Australia, the temporal yardstick of the reasonably foreseeable future has been introduced to guide decision-makers over the complex terrain of risk assessment. However, a close study of the case law reveals formulaic use, inconsistency and conflation of the standard with risk and its indicia—and if the standard is intended as a real risk heuristic this is far from clear or warranted. This study critically examines the reasonably foreseeable future notion in case law in Australia, including its origins as an imported, limiting standard of due diligence from other areas of international law. It signals refugee law’s vulnerability to the standard and cautions against applying the gloss of foreseeability and reasonableness as an unnecessary and obscure overlay to interpretation. It recommends instead the unadulterated real chance standard paired with narrative conventions on time, as strategies adopted in other areas of law to sensibly navigate the fraught notion of foreseeability. It proposes that the ordering of the definitional elements of well-founded fear, downstream of being persecuted, is critical to the analysis and, in simple terms, slow and deliberate thinking is required to pinpoint the temporal underpinnings of harm in relation to risk.

Direito, desigualdades e produção de consensos sociais

At the interface of law and sociology, this article aims to analyze how law is inserted into social relations and how it is involved with the problem of violence as the maintenance and exacerbation of social inequalities. It starts from two basic research assumptions: the expanded meanings of the notion of law, as well as the connection between law and inequality (with a focus on the production of social consensus by legal discourse around these inequalities). Along these lines, the development and conclusions of the article are structured methodologically along four lines: (i) an investigation into the extent of the understanding of law, which is not reduced to explicit legal normativity (but rather the way in which meanings attributed to social phenomena are shared and disputed); (ii) the relationship between law, inequality and violence, through an interdisciplinary and sociologically-oriented debate on the problem of expropriations; (iii) the mechanism of the promise and control of time as the basic functioning of the abstraction of inequalities operated by legal normativity; (iv) the discursive construction of consensus, through the law, around social inequality and violence reproduced by the law itself.

Juvenile Delinquency and Recidivism: An Overview

Recidivism in juveniles is a legal notion in criminal law. Juvenile refers to someone under theage of 18 the definition of an adult varies from nation to nation. In India, the Juvenile Justice Actmandates that juveniles convicted of misdemeanors be housed in institutions that offer therapeutic,educational, and vocational programs.The presence of a criminal milieu has influenced many young people to turn to criminal activity as ameans of self-expression. In this paper, we discuss two variables that contribute to juvenile recidivism.Firstly, in the adolescent population, a lack of parental oversight contributes to criminalmisbehaviour. Juvenile recidivism is fueled by peer pressure. Teenagers who are unemployed or earninglow wages are more likely to commit crimes. Secondly, mental health of juveniles is also a hot topicinternationally. Suicidal thoughts and behaviours are exacerbated by mental health issues. Depressiveillnesses, juvenile detention, and other societal issues combine to create a climate where youth rush toterminate their lives.In light of the 2012 Delhi rape case and after much debate, intensive conversation, and demonstrations,Indian Parliament enacted the Juvenile Justice (Care and Protection of Children) Act 2015. The authorhas explained that howjuveniles can now be disciplined using new methodsunder new legislation andadequately implementing existing ones.

Laws, Darkness, and Resurrection: Exceptions and Violations in Hume’s Account of Miracles

ABSTRACT In this article, I show that David Hume’s argument of Section 10 of the Enquiry Concerning Human Understanding does not encourage dogmatism. Instead, it suggests a program for how to categorically deny the existence of miracles without bringing about the stagnation of science. In recognizing the entailments of Hume’s notion of proof while realizing his commitments regarding the laws of nature, we must acknowledge that miracles are possible. Yet this is consistent with Hume’s claim that we are never justified in believing the testimony affirming them. This conclusion is strengthened when we realize that only a doxastic notion of lawlikeness is at work in Hume’s argument rather than a robust, efficacious notion of metaphysical laws. When properly understood, we see that the course he advocates does not impede the advances of science, as has sometimes been suggested. Instead, Hume’s deliberate use of specific examples of two very different sorts propounds a procedure for dealing with purported miracles that is much richer than merely denying them, and tells us when revisions to our conception of the laws of nature are necessary and when they are not.

Majorization requires infinitely many second laws

Majorization is a fundamental model of uncertainty with several applications in areas ranging from thermodynamics to entanglement theory, and constitutes one of the pillars of the resource-theoretic approach to physics. Here, we improve on its relation to measurement apparatuses. In particular, after discussing what the proper notion of second law in this scenario is, we show that, for a sufficiently large state space, any family of entropy-like functions constituting a second law must be countably infinite. Moreover, we provide an analogous result for a variation of majorization known as thermo-majorization which, in fact, does not require any constraint on the state space provided the equilibrium distribution is not uniform. Finally, we discuss the applicability of our results to molecular diffusion and catalytic majorization. In this regard, we consider a variation of majorization used in plasma physics as a model of molecular diffusion and show that no finite family of entropy-like functions constituting a second law of molecular diffusion exists. Moreover, we show how our results are useful when dealing with a conjecture regarding catalytic majorization (i.e. trumping). In particular, we show that the sort of characterizations of trumping that have been considered before require an infinite family of real-valued functions.

Understanding and Framing Change in Islamic Law: Potentials and Possible Pitfalls of the Concepts of Canonization and Codification

Abstract Conservative and populist notions of Islamic law, or Sharīʿa, emphasize its immutability. While the textual nature of traditional Islamic jurisprudence supports this conception, academic research in recent decades demonstrates that Islamic law saw constant change and development. We also witness an increasing acknowledgement that several processes of change do not always follow the rich and advanced emic narratives and theories of how change allegedly did or should happen. The possibility of change is also intimately connected to theories of authority, where normative and descriptive models may give different pictures. Several historians and anthropologists of Islamic law have resorted to ‘canonization’ and ‘codification’ as concepts employed to understand and frame significant change, partly intending to create an analytical distance to the study object, unrestricted by the Islamic tradition. While the two concepts have hitherto been employed separately, they have one thing in common: their focus on selection and authorization. This article will first demonstrate how these concepts have been used in Islamic legal studies and then further argue that by juxtaposing and comparing these two concepts, new insights can be gained regarding their potentials and pitfalls.

Constituting a ‘Moral’ Public: Society, Law and Literature in Colonial India

The issue of obscenity in colonial India is a multifaceted and complex subject that intertwines notions of morality, culture, law, and power dynamics. Obscenity, defined as material that is offensive or morally repugnant, was a contested terrain during the colonial period as it is now, reflecting the clash between what was claimed as indigenous traditions and the values imposed by British colonial authorities. Notions of Victorian morality played a huge role in conditioning a section of Indian society to apply similar standards in India. This paper explores the nuances of obscenity in colonial India, examining its manifestations, the responses it elicited, its implications for society, and mainly its contestations in the legal arena. By looking at the obscenity trials of Sadat Hasan Manto and Ismat Chughtai, this paper will also try to highlight the complexities of the artistic process, which was often at loggerheads with forces that tried to regulate and reshape what was socially and culturally permissible.

Интерпретативные характеристики российского экологического права

The article deals with the significance and characteristics of modern Russian Environmental Law. In the article reveals the diversity of the concepts, reviews and interpretations of the notion, place and role of the Environmental Law in the system of Russian Law. The autonomous nature of the branch of Environmental Law is substantiated. Its characteristics as a complex, universal, integrated branch of the public block of the branches of law are analyzed. The features of the structure of the Environmental Law are investigated.

On the Mode of Existence of Mute Law and the Inference of Cryptotypes

A widespread thesis in the analytical theory of law is that norms exist as linguistic entities. Rodolfo Sacco is one of the authors who have most fruitfully insisted, on the contrary, that there is no necessary correlation between norms and language, not even in the specific context of law. He thus extended the conceptualisation of legal normativity well beyond the boundaries of language through the notions of cryptotype and mute law. This paper takes into account two alternative hypotheses to the hypothesis that norms exist as linguistic entities, which are respectively based on the concepts of deontic state-of-affairs and deontic noema. Both hypotheses are tested for their applicability to the phenomena investigated by Sacco under the notion of mute law, notably with reference to cryptotypes. The question is raised then of how the existence of cryptotypes can be inferred from behaviour. The paper emphasizes the role that can be played in this context by nomotrophic behaviour, that is, the behaviour that consists in a reaction to the violation of a norm.

So much for plain language: An analysis of the accessibility of U.S. federal laws over time.

Over the last 50 years, there have been efforts on behalf of the U.S. government to simplify legal documents for society at large. However, there has been no systematic evaluation of how effective these efforts-collectively referred to as the "plain-language movement"-have been. Here we report the results of a large-scale longitudinal corpus analysis (n ≈ 225 million words), in which we compared every law passed by congress with a comparably sized sample of English texts from four different baseline genres published during approximately the same time period. We also compared the entirety of the U.S. Code (the official compilation of all federal legislation currently in force) with a large sample of recently published texts from six baseline genres of English. We found that laws remain laden with features associated with psycholinguistic complexity-including center-embedding, passive voice, low-frequency jargon, capitalization, and sentence length-relative to the baseline genres of English, and that the prevalence of most of these features has not meaningfully declined since the initial onset of the plain-language efforts. These findings suggest top-down efforts to simplify legal texts have thus far remained largely ineffectual, despite the apparent tractability of these changes, and call into question the coherence and legitimacy of legal doctrines whose validity rests on the notion of laws being easily interpretable by laypeople. (PsycInfo Database Record (c) 2024 APA, all rights reserved).

Почва — земельный участок — земля — территория

The article is devoted to the differentiation of some notions in civil law, land law and public construction law of Russia such as soil, categories of lands, land parcel, zone of regulation and territory. The land parcel as a true object of civil law requires its being defined as 3-dimentional thing (res) with corporeal (physical) contents. It does not matter what these contents are — soil, water or mineral resources. Technical description of the land parcel as a 2-dimentional surface (without filling) is one of the method of its individualisation. All other notions — categories of lands, zone of regulation, territory — are the notions of public law. Using these public notions in the description of civil law objects should be eliminated.

Tourism Management Modelling: What It Does and Does Not

The article presents a critical review of my past attempts in social phenomenon modelling. The review brings up issues embedded in positivist paradigm that are concerned with the cause-effect covering law based on purely events regularities, ontological conflation, and the symmetry principle of positivism i.e., explanation = prediction. Incorporating new realist thinking in contemporary philosophy of critical realism, practical solutions are suggested to overcome the issues, which encourage the use of mixed methods, analytical dualism, application of realist notion of causal laws, and that of not lawlike predictions.

Unity, Charity, and Fraternity as Foundations for International Law in Francisco Suárez

The Jesuit philosopher and theologian, Francisco Suárez (1548–1617), believed the common rational nature of all human beings provides the foundation for both the natural law and international law. He also believed that the human race has a certain unity supported by the principles of mutual love and mercy. This article shows how the unity of the human race and the theological virtue of charity provide a basis for Suárez’s notion of international law. The article situates Suárez within the Catholic tradition of Aquinas and Vitoria, and it distinguishes between the natural law and the law of nations. The final part of the article shows how Suárez’s principles of human unity, charity, and fraternity are affirmed by recent popes.

Freedom of Religion or Belief as a Legal Value in Contemporary Discourses on Human Rights

The article examines understudied dimensions of the interpretation of human rights in Ukrainian science, highlighting their key role in shaping the contemporary objectives and orientations for the right to freedom of religion or belief. This work reveals the main provisions regarding the definition and legal safeguarding of religious freedom in each of the modern approaches to the interpretation of human rights: the Sustainable Development Goals, the capability approach, decolonialism and the feminist approach.Along with the classical framework of international human rights law, these approaches broaden the spectrum of perspectives on realizing the right to freedom of religion or belief. The Sustainable Development Goals consider religious freedom in terms of achieving the well-being of present and future generations and leaving no one behind. The capability approach complements the formal definition of the right to religious freedom, with the individual’s actual ability to exercise such a right. Decolonial and feminist studies provide a thorough critique of established notions of law, deconstructing and reconstructing them through analysis of the rights and needs of women, indigenous peoples, and other marginalized groups.Despite individual features in the interpretation of legal and social phenomena, all approaches (sustainable development, the capability approach, decolonialism, feminism and anti-discrimination) share one common characteristic: they offer an alternative point of view on the established relationships that exist in specific societies. The feminist approach, for example, is closely intertwined with the approach of decolonialism. In particular, in the case of wearing religious clothing, the choice of whether or not to wear such attire should be left to the women who are required to wear it, not to human rights defenders or arbitrators from other countries or institutions who can decide for the women that wearing religious clothing violates their rights.This research focuses on human rights, particularly freedom of religion, which is partly perceived through the Western, European-American vision of human rights. On the contrary, the abovementioned critical approaches present a new vision of established international legal provisions. It should be emphasized that critical does not mean negative. Through such critical thinking, the law has an opportunity to evolve and become more attuned to specific concepts or ideas. The view from within a particular societal group allows to provide a more objective understanding and interpretation of the human right to freedom of religion or belief.

Demystifying Autonomy: Tracing the International Law Origins of the EU Principle of Autonomy

AbstractCJEU case law has long emphasized the autonomy of the EU legal order, recently triggering the foreclosure of intra-EU investment arbitration. Though academic discourse has treated this as a European peculiarity, autonomy is not unfamiliar to international law as an inherent attribute of all international organizations (IOs). This Article traces how the CJEU employed this as the basis for the development of a legal principle of significant constitutional role in safeguarding the EU’s jurisdictional integrity. First, It considers the EU conception of autonomy on the basis of two identified dimensions of IOs’ autonomy under international law. Political autonomy characterizes the scope of an IO’s powers and its independent legal personality. Institutional autonomy denotes its (im)permeability to external norms. Second, the Article examines autonomy’s different normative status under international and EU law as a legal notion and a constitutional principle, respectively. Rather than viewing the latter as an EU invention, it amounts to a Pygmalian judicial creation—the CJEU drew inspiration from a notion of international law and adapted it within the Union framework. The Article justifies these adaptations by reference to international law in light of the EU’s institutional-judicial architecture and the intertwining of autonomy with, inter alia, Article 2 TEU values.

Minimum Data-Rate for Emulating a Linear Feedback System

In this work, we ask what the minimum data-rate is for a possibly nonlinear control law acting on a linear system to emulate the closed-loop behavior of a desired linear control law. This result gives an implicit estimate for the information flow in the feedback path of the closed-loop linear system. We formally introduce the notion of emulation and control law, and we present a data-rate theorem. Remarkably, we note that the minimum data-rate varies discontinuously with the parameters of the open and closed-loop systems. This feature is new since the usual data-rate theorem, which only requires stabilization instead of emulation, gives a continuously varying minimum data-rate.

Uncovering chemical homology of superheavy elements: a close look at astatine.

The fascination with superheavy elements (SHE) spans the nuclear physics, astrophysics, and theoretical chemistry communities. Extreme relativistic effects govern these elements' chemistry and challenge the traditional notion of the periodic law. The experimental quest for SHE critically depends on theoretical predictions of these elements' properties, especially chemical homology, which allows for successful prototypical experiments with more readily available lighter homologues of SHE. This work is a comprehensive quantum-chemical investigation into astatine (At) as a non-intuitive homologue of element 113, nihonium (Nh). Combining relativistic coupled-cluster and density functional theory approaches, we model the behaviour of At and AtOH in thermochromatographic experiments on a pristine gold surface. Insights into the electronic structure of AtOH and NhOH and accurate estimates of At-gold and AtOH-gold adsorption energies rationalise recent experimental findings and justify the use of At as a chemical homologue of Nh for the successful design of future experiments on Nh detection and chemical characterisation.

A CRITICAL ASSESSMENT OF THE SUBCONSCIOUS COPYING DOCTRINE

The copyright law's notion of subconscious copying has generated a great deal of discussion and controversy. The concept of subconscious copying is evaluated critically in this article, which also explores the key arguments for and against it. The philosophy is essentially based on the notion that people may unintentionally produce works that are strikingly similar to works that already exist due to subconscious influences. Inconsistencies in court rulings result from variations in the doctrine's application and interpretation across various legal systems. 
 The article highlights the standards that courts apply to assess whether subconscious copying has taken place and explores significant court judgments that have developed the notion of subconscious copying. While some courts place a strong emphasis on the availability of the original work and the degree of likeness, other courts value time distance as a crucial consideration. The article also contrasts the techniques taken by various legal systems, including the strict liability system in the US and the necessity of a causal connection in the UK and Canada.
 In conclusion, the notion of subconscious copying is still a complicated and divisive topic in copyright law. Although it makes an effort to overcome the difficulties caused by unintentional impacts on creativity, its application and justification face considerable difficulties. The article advocates for a fair strategy that takes into account the needs of both the public and intellectual property rights' integrity.

Inclusion of Individuals as Subjects of International Law

The classical notion of international law as a body of laws or rules that regulate the relations of States inter se is no longer sustainable. This paper is an attempt to appraise the inclusion of individuals as subjects of international law. It uses the doctrinal methodology. It makes the claim that the activities of individuals attract international judicial notice and produce certain consequences. Individuals now have rights and obligations under international law. As incumbents of rights under international law, individuals have some procedural capacity to protect these rights. Again as rights are corollary of duties, individuals could be held accountable before international courts when they are in default as regards their international obligations. Thus, officials of the State can no longer find shelter in the rubric of State capacity or official capacity to occasion gross violations of human rights and fundamental freedoms.

Assessing Mutatis Mutandis’ Authorities of Sabang Free Trade and Free Port Zone within the Indonesian Law on Job Creation

This paper discusses authorities of Sabang Free Trade and Free Port Zone(KPBPB) and its dilemma post the existence of the Law on Job Creation (UU-Cipta Kerja) and Constitutional Court decision, in terms of ‘Mutatis Mutandis’ in attracting investment. There is conflict regulation after the government issued UU-Cipta Kerja, including facilities and conveniences in the form of entry and exit of goods, taxation, customs, excise and licence. The application of Online Single Submission(OSS) system has centralized the authority while KPBPB Sabang to become only a beneficiary. Hence the Application of ‘Mutatis Mutandis’ to necessary changes for attracting Investment opportunities is required. This paper contributes to clarify the authority of KPBPB Sabang in terms of strengthening and repositioning the KPBPB within centralization notion of Job creation law.