Science In Law Research Articles

The role of science in international water law

ABSTRACT The management of international watercourses requires both scientific input and transnational cooperation. This paper examines the role of science in the field of international water law and how scientific data, techniques, and methods may be used to bestow the legal framework with greater clarity and precision. In this regard, this paper demonstrates how the two primary obligations of international water law – the no-harm principle and the doctrine of equitable and reasonable utilization – are capable of conceptualization and application in a scientific manner. Examples of interdisciplinary approaches and expert commissions are utilized to demonstrate the role of science in practice.

Dogmatism in Law in the Context of Increasing Complexity of Reality

It is believed that students engaged in law enforcement activities are more inclined to dogmatic methodology than students involved in civil law specialties. This is explained by the fact that a career in law enforcement attracts people who are authoritarian or dogmatic. The paper aims to question the role of criminal justice and criminal law in structuring dogmatism as the dominant structure of law enforcement thinking. Not only punitive justice and criminology are conditioned by dogmatic thinking. Even natural law is forced to construct a normative system, which is the only means of consolidating both punitive logic and usnaturalism. In addition, it should be noted that in the context of the imperatives of manageability of society, dogmatism is in demand in the penitentiary field, as well as in the broader legal field. Civil courts, administrative law, tax law, military law — all these subsystems depend on consensus in dogmatism to be effective, because law in its anthropological phenomenology is made by people. There is something deontically important about the participation of science in law. This is because our science and technology are embedded in the innovation mechanism of industrial society, while law remains one of the archaic tools born in the cliodynamics of myth, morality and religion. Dogmatism acts as an epistemic perspective, with the help of which law is presented in the purest possible form; its ability to express deontic truth is revealed. The hermeneutical approach to law without taking into account basic deontology is to work with specific cases, and not with what is the essence of law.

Codifying the human right to science

ABSTRACT The human right to science is set out in the Universal Declaration of Human Rights and the International Covenant on Economic, Social and Cultural Rights. The two texts, which were adopted consecutively, are similar but not identical. Conflicts in formulating the right to science in international human rights law were rooted in the ideological quarrels of the Cold War. The travaux préparatoires indicate debate about whether the right was essentially about the freedoms of scientists or about the purposes of science, including concern about abuse. Article 15(3) of the Covenant confirms recognition of ‘the freedom indispensable for scientific research … ’ The Soviet Union promoted the view that scientific research must pursue progressive aims but was unsuccessful in its attempts to entrench this in the texts. UNESCO’s contribution to the Declaration was insignificant but it had considerable influence on the Covenant text. In 1950 and 1951, UNESCO issued important and influential expert statements challenging ‘scientific’ arguments of racial supremacists, confirming in practice its own understanding of the direction that science should take.

PERSONS SUFFERING FROM MENTAL DISORDERS THAT DO NOT EXCLUDE SANITY, AS AN OBJECT OF FORENSIC RESEARCH

Until recently, the study of socially dangerous actions of the mentally ill and persons with mental abnormalities, in domestic studies, was the prerogative of forensic psychiatry. The common interest of lawyers and forensic psychiatrists arose mainly on the basis of the appointment and conduct of forensic psychiatric examination, establishing a kind of border between the spheres of competence. Now, interest in this problem is observed in several branches of science (in criminal law, criminology, forensic psychiatry, psychology, etc.), and at the same time, the point of view of each of them has an independent meaning for determining the normative parameters of limited sanity. At the same time, given the growing prevalence of mental pathology among criminals, there remains an urgent need to create a general theoretical concept of the influence of mental pathology on crime in general and certain types of criminal behavior. This is especially true of many important issues related to the prevention and investigation of serious crimes, mechanisms and motivation of criminal behavior, etc.

Further action toward valid science in Law and Human Behavior: Requiring open data, analytic code, and research materials.

In 2019, the inaugural editorial of Law and Human Behavior promised a measured approach to increasing transparency, openness, and replicability practices in the journal. Now, 3 years later, and on the brink of the present authors' last year as the editorial team, it seems only fitting that they take further action to bolster the validity of science published in the journal by requiring that authors openly report data, analytic code, and research materials. The purpose of this editorial is to briefly outline Law and Human Behavior's new requirements. (PsycInfo Database Record (c) 2022 APA, all rights reserved).

An SPS Dispute without Science? The Fukushima Case and the Dichotomy of Science/Non-Science Obligations under the SPS Agreement

Abstract The interface between science and law has been much debated in various fields of international law and the World Trade Organization (WTO) has been one of the main forums. Notably, WTO disputes, such as EC – Hormones and EC – Biotech, have drawn controversies and criticisms over the role of science in WTO law. Korea – Radionuclides – also known as the Fukushima case – calls upon us to reconsider an under-analysed perspective regarding science and law. While the Fukushima accident marked the first massive radionuclide release into the ocean with significant uncertainties and complexities, Korea – Radionuclides did not touch upon any ‘science-based’ obligations under the Agreement on the Application of Sanitary and Phytosanitary Measures (SPS Agreement). Thus, it stands out as a unique dispute in the 25 years of the SPS case law. This article unpacks Korea – Radionuclides, challenging and rethinking the assumed dichotomy between science-based and non-science-based obligations under the SPS Agreement. Our critical examination of Korea – Radionuclides suggests that science plays an important role even in the discussions of non-science-based obligations. In contrast to the conventional wisdom of the science/non-science dichotomy, we further argue that the normative integrity and raison d’être of the SPS Agreement in fact rest upon the inextricable nexus and integration between science-based and non-science-based obligations.

Standards of Scientific Evidence in Preferential Trade Agreements

ABSTRACT For a long time, international trade law’s interest in science has been limited to the provisions of the World Trade Organization’s (WTO) Sanitary and Phytosanitary (SPS) Agreement. However, the role of science in international trade law goes beyond the SPS Agreement. The Australia – Plain Packaging dispute has shown that the assessment of non-SPS provisions can also involve complex scientific questions. Moreover, the discussion should be extended to preferential trade agreements (PTAs). Against this background, this article investigates the nature and potential impact of standards of scientific evidence in PTAs. After the introduction, Section II lays out the methodology of the article. Section III opens with a brief recall of the relevant WTO provisions. Section IV reviews the standards of scientific evidence embedded in the PTAs concluded by the European Union (EU) and by the United States (USA), showing that both trading blocs have started introducing more stringent standards in recent PTAs. Section V describes the trends that emerge from the analysis. Some of these innovations seem to expand the application of the SPS science-based provisions to TBT chapters. Others simply introduce new standards of scientific evidence in WTO-X chapters on regulatory cooperation, environment, and labor. In conclusion, the article argues that we should pay much more attention to the role of standards of scientific evidence in PTAs.

Konsep Wadiah Menurut Fikih dan KHES

Jurisprudence is one of the fields of science in Islamic law that specifically discusses legal issues that regulate various aspects of human life, both personal life, society and human life with Allah, the Lord. In society, of course, humans are not far from economic problems. In the broad economic context, there is the term Wadi'ah which is also regulated in fiqh and KHES. Both fiqh and KHES have their own concept of wadi'ah. But it cannot be denied that KHES is a product of Indonesian fiqh thought in economic terms (muamalat). In the concept of wadiah fiqh, it is more detailed in explaining the legal bases, regarding the trust and safeguards. Also in the KHES concept, it is also explained in detail about the storage and maintenance of wadi'ah objects and other things. The point is that both of them can be used as procedures for conducting Wadi'ah contracts.

Principal approaches to the classification of science in national, international, and European law. Part II. Subject (industry) classification. Classification by other criteria

Part II of the article deals with the approaches of modern legal sustems to the subject-matter (disciplinary) classification of science, as well as with the additional classification criteria such as mode of financing of scientific research and its importance for State and society which are employed in several legal systems.Basing on practical examples, author demonstrates that, despite the equivalence of the main classification criteria, the modern law lack uniform approaches to subject-matter (disciplinary) classification of science. This state of play characterizes both inter-state context (different scientific disciplines in different legal systems) and intra-state context (different approaches in different legal sources of the same country).Author concludes in favour of consideration of a legal recognition as a specific category of scientific research those conducted by means of megascience-facilities. The above-mentioned category can be further divided into subcategories corresponding to various types of megascience-facilities such as light-sources and neutron sources.

Role of DNA Profiling in Criminal Investigation Based Leading Case Laws

Forensic science has a great contribution in crime prevention and criminal justice by fair investigation. Its applications in crime prevention and investigation is essential to know the best possible and nearest justice to put those criminals behind the bars whose tendency is to destroy all proofs and evidences. DNA Profiling/Typing is one of the techniques of forensic technology which is used to investigate and find justice in most of the trials. The present communication deals with the contribution of DNA-Profiling in criminal investigation in Indian criminal justice, its evidentiary value and also the features of DNA Bill 2017. Material (evidences) collected to process, identify and compare to know evidentiary value of evidences. Under forensic science inter se the linkage between occurrence of crime, the criminals, the victims, the weapons, place and time are established whether it may be absence or presence by forensic science. We can say that there is an urgent and silent need for the application of the forensic science in present indian justice system. Forensic science perform many functions like establishing corpus delicti (Body of crime), determines the modus oprandi of the crime (Method of doing something) identifies the criminal and also identify the victims. DNA is a hereditary material of each living organism’s passes from parents to their offspring through inheritance. In most of the criminal and civil investigations the fair identification of criminals/heirs, parentage and other identification of individuals has been one of the biggest problem. This paper is established on secondary data collected through different online/offline sources and their analysis, which include research papers by different researchers, articles, journals, conference proceedings, periodicals, text books and available digital data analyzed for relevant application of forensic science in law.

Examining the authority and authority of judges in terms of independence, science and ijtihad in jurisprudence and law

The results of the research showed that the expressions in Articles 211 and 212 of the Islamic Penal Code of 1392 indicate that from the legislator's point of view, what is the basis for producing knowledge for the judge is evidence and the UAE is typically knowledgeable as a result of judicial investigation. In the current laws and procedures of the judiciary, the mujtahid of a judge is not considered a necessary condition for holding the position of judge.

The ‘Rights’ Way to Democratize the Science–Policy Interface in International Environmental Law? A Reply to Anna-Maria Hubert

Abstract Science is widely regarded as being necessary for effective international environmental decision-making and risk assessment processes. However, it is equally well recognized that uncertainties or the complexity of phenomena under study mean that science may only offer partial knowledge for environmental problems in many circumstances. ‘Democratization’ of science is often proposed as a solution to this dilemma. This may involve incorporating a wider spectrum of expert views and public inputs in risk assessments of new technologies, public participation in science through so-called ‘citizen science’ initiatives or the application of the precautionary principle. This reply reviews these approaches and contrasts them with another tantalizing possibility offered by Anna-Maria Hubert’s article; a human rights-based approach drawing on the ‘oft-neglected’ right to science. It assesses the extent to which a rights-based approach, utilizing the right to science, offers a way to bridge the gap between science and democracy in contested international environmental legal decision-making processes. While it concludes that there are important potential benefits to the application of the right to science in international environmental law, it is far from clear that it provides a panacea given the limitations on the right expressed in the international human rights instruments in which it is found, such as the International Covenant on Economic, Social and Cultural Rights. Instead, the right to science can be seen as placing another thumb on the scales – alongside the precautionary and participatory approaches – in favour of enabling broader, more democratically accountable decision-making in cases of uncertain science and contested environmental risks.

Paradigm of Legal Thought: Legal Prophetic Perspective

Objective: This article aims to discuss ‘criticism of legal prophetic paradigm against legal positivism paradigmMethodology: This research conducted a normative method used by legal positivists. This research is based on a philosophical approach as it is intended to explore the basic assumptions of the legal prophetic paradigm on the lack of the basic assumptions of the legal positivism paradigm.Findings: This paper will discuss the 'criticism of legal prophetic paradigm against legal positivism paradigm' using a philosophical approach as it is intended to explore the basic assumptions of the epistemology basis of the school of thought in legal science through comparison between the school of thoughts in legal science. The legal prophetic paradigm places moral as the main basis as its basic assumption. The verses of Allah and the Hadith of the Prophet regarding justice are the ontological basis of the Paradigm.Application of the Study: The object of legal science is human relations contained within (governed by) legal norms. Law science attempts to understand its object in a "legal" manner, which is from the legal perspective. Understanding something legally means understanding it as law, that is, as legal norms or as the content of legal norms or understanding something as determined by legal norms.Novelty/Originality: The prophetic paradigm can be approached through a Religion Science-based approach. The importance of this approach/religion science in understanding phenomenological law is none other but the occurrence of void or the broken links due to legal positivism thinking that is unable to play a functional role in presenting comprehensive legal justice. Keywords: Legal Positivism Paradigm, Legal Prophetic Paradigm, Basic Assumptions

Science and Law in Environmental Law and Policy: The Case of the European Commission

AbstractThis article draws on empirical research conducted with European Commission officials in three Directorates-General and its other services on their perception of how the legislative and policy-making process facilitates the interaction of science and environmental law. This article deploys Sheila Jasanoff's theoretical framework of co-production as an important lens to examine how the European Commission creates this interaction of science and law in environmental policy making and identifies how the Commission incorporates different voices and stakeholders in this policy area. The Commission can be seen as a vehicle of co-production of science and law in EU environmental policy by building strong expert identities, putting in place institutional processes and instruments, and creating discourse between scientists and lawyers leading to outputs of co-production. It is argued that in actively facilitating co-production, the Commission underpins the legislative and policy-making process with its institutional values.

MAXILLARY SINUS ASSESSMENT FOR GENDER AND AGE DETERMINATION USING CONE BEAM COMPUTED TOMOGRAPHY IN AN EGYPTIAN SAMPLE

Introduction: Forensic anthropology is the application of the medical science in the criminal law. The identification of human skeletal remains is considered the first challenging and important step of unknown skull and very crucial for further analysis. In forensic medicine the adult skeleton gender determination is usually the first step of the identification process. Objectives: The primary aim of this study was to assess the possibility of using cone beam computed tomography (CBCT) images for gender and age determination through the evaluation of maxillary sinus linear measurements, the second aim to determine the prevalence of maxillary sinus septa and to detect the most common shape of maxillarysinus. Materials and methods: The present study was conducted in Department of Oral Medicine, Periodontology, Oral Diagnosis and Oral Radiology, Faculty of Dentistry, Alexandria University. Retrospectively 82 CBCT scans of Egyptian patients aged 20-65 years were included in a cross-sectional study that was designed to measure three parameters (height, width and length) of maxillary sinus bilaterally in axial and coronal view using On-Demand® software. Moreover estimation of the prevalence of maxillary sinus septa and evaluation of maxillary sinus morphology was performed. Results: The studied sample showed statistically insignificant differences (p > 0.05) in maxillary sinus measurements between males and females and between maxillary sinus measurements according to age group. Sinus septa were present in 78 (47%) of the 164 maxillary sinuses, and according to the maxillary sinus morphology the main 3D shape was pyramidal shape in (upside down triangle) in 100% of the cases. Conclusions: linear measurements of maxillary sinus on the CBCT images cannot be used for gender or age determination.

Pravna znanost kao izvor građanskog prava

Znanost građanskog prava u građanskom se pravu navodi kao sporedan, „posredan“, gotovo manje važan izvor građanskog prava. Neke novije tendencije, kažu suprotno, da je znanost građanskog prava prvi izvor građanskog prava jer sudac sudi prema znanju prava stečenom za vrijeme studija i u kasnijem profesionalnom razvoju. Stoga je razgovor o znanosti građanskog prava kao izvora ove znanosti ujedno i razgovor o obrazovanju pravnika na pravnim fakultetima kao i o produljenju toga procesa nakon završetka studija. U Republici Hrvatskoj u ovom trenutku u oba pravca vidimo znatne probleme pa čak i zaostajanje koje bi bilo poželjno što prije premostiti.

Особенности применения универсальных критериев научности в юриспруденции

Особенности применения универсальных критериев научности в юриспруденции

ЗАБЕЗПЕЧЕННЯ ЕФЕКТИВНОСТІ НОРМАТИВНО-ПРАВОВИХ АКТІВ ОРГАНІВ ПУБЛІЧНОГО УПРАВЛІННЯ: ВІТЧИЗНЯНИЙ І ЄВРОПЕЙСЬКИЙ ДОСВІД

ЗАБЕЗПЕЧЕННЯ ЕФЕКТИВНОСТІ НОРМАТИВНО-ПРАВОВИХ АКТІВ ОРГАНІВ ПУБЛІЧНОГО УПРАВЛІННЯ: ВІТЧИЗНЯНИЙ І ЄВРОПЕЙСЬКИЙ ДОСВІД

Good news for U.S. science in federal spending law

The U.S. science community was both surprised and delighted by a new federal funding law that delivers average funding increases of over 10% for science across the U.S. government. After a year of fighting for even the slightest acknowledgment for research, the fiscal 2018 law will bring R&D spending to $176.8 billion, its highest level ever when adjusted for inflation, and up 12.8% from 2017, according to the American Association for the Advancement of Science’s R&D Budget & Policy Program, which tracks federal science spending. “We are grateful for the increases in our key R&D science agencies as this puts them on a predictable and sustainable course that has been sorely lacking,” says ACS spokesperson Glenn Ruskin. “Federal R&D investment had sunk to 0.9% of U.S. gross domestic product, when it should more appropriately be closer to 4%.” ACS publishes C&EN. Among the big winners are the National Institutes of

Developing the Right to Development

The un Convention on the Rights of the Child provides an unprecedented and comprehensive protection for the right to development of children, and more broadly, for child development. Thus far, little attention has been given in theory or in practice to the ways in which this protection should be realised. This paper suggests that the main reason for not fulfilling this promise to children is the challenges in defining “child development” as a legal concept, especially the utilisation of child development science in law. The paper suggests a number of ways to overcome these challenges.