We kindly inform you that, as long as the subject affiliation of our 300.000+ articles is in progress, you might get unsufficient or no results on your third level or second level search. In this case, please broaden your search criteria.
The origin of the human rights record in Europe raises controversy. The interest in promoting them was especially manifested after the Second World War. Today, The Council of Europe is the main international organization whose primary objective is to promote and defend human rights.
More...
Options are divided when it comes to the origin of consecration of the human rights in Europe. Some analysts consider that a fundamental role was played by ancient Greek thought or by the Christian religion. Others opinion is that English constitutional history, the philosophy of the Century of Lights or the French Revolution have contributed to the development of the human rights concept. This process of affirmation of the human rights in Europe has been accelerated by the two world wars.
More...
This article discusses the main principles of invention protection in which it makes a comparison between Jordanian law and Romanian law regarding invention protection.
More...
This article is about the substantive conditions for granting patents in general and explaining each condition separately.
More...
Socio-technological development can bring not only step-by-step progress, but also leaps and bounds that can go beyond the conditions in which law has operated in modernity or even in the habits of millennia. Even prevailing basic legal principles may need reformulation then. One, how to react if, by inventing easy-to-use facilities, personality can be manipulated, programmed, changed all through? If abortion can be achieved through organic regression? If undetectable arms can be developed with long delayed or far reaching effect? If chemical, radioactive or cyber warfare is made available on a mass scale as operated by anyone in isolation with no chance of identificaton? If life expectations of human groups can be worsened or changed? Two, how law reacts, if it will be given multiplied presence, global level of orderliness with technics intensifying scope and depth of regulation? Three, changes in law may occur as a consequence of changes in the way humans are organized into society and the technology by which their conduct is influenced. Information technology will be enabled to process millions of opinions and call masses for public actions, with civil society superseding politically organised society. Four, as to new paradigms, investigation into individual factors chains of causality is replaced by a vision built on the average of what can be experienced in statistic masses and probabilities. Processes are autopoietic in so far as the coordinates of ongoing operations are defined through the operational process itself, individually for each case. The idea ’order out of chaos’ is the new explanatory principle for the field of law as well.
More...
The earliest law school system which can be compared to our higher legal education was established in the late Roman Empire. Its aim was to train professional jurists for courts and administration in the huge Roman Empire of postclassical times. The most famous among the law schools was one in Berytus. The school was active at least for 3 centuries. It was the leading Roman law school from the times of Diocletian (284–305) to Justinian (527–565). The most prolific period of Beirut›s law school was the fifth century. It is known as the era of the Ecumenical masters or Universal professors. The focus of this paper is an educational program of studies, teaching literature and teaching methods in the 5th century, and all-embracing reform under the emperor Justinian in the first half of the 6th century.
More...
According to a widely accepted opinion, a successful academic article in legal science should explain existing legal concepts, and sometimes revise them or create new ones, thus contributing to positive law being correctly interpreted, systematized, and, if necessary, improved. The main purpose of this discussion is to show how conceptual analysis is an indispensable tool for the successful execution of this task. In the article, first of all, the subject, aims and characteristics of legal science are explained in general. After that, and since conceptual analysis is primarily a philosophical method, the subject of conceptual analysis (concepts) is clarified, as well as the way in which it is generally practiced. In the central part of the article, the place of that method in legal science is pointed out, as well as the techniques it entails and the benefits it brings. Finally, the relationship between the concepts and the words that denote them and its importance for distinguishing between conceptual analysis and the interpretation of law is analyzed. The discussion is primarily intended for lawyers who want to deal with positive law from the aspect of legal science (legal doctrine), be they professors, students or legal practitioners.
More...
The paper analyses the amendment to Article 53 of the Polish Criminal Code, introduced by the Amending Act of 7 July 2022. The author evaluates this change negatively in the light of axiological and constitutional context and legal doctrine. The discussed amendment is an example of the negation of one of the goals and functions of punishment, which is aimed at developing legal awareness of the society. The amendment to Article 53 is yet another manifestation of interference with judicial independence at the level of the courts’ application of the law.
More...
Ethical deliberation has been an important component of human culture since the dawn of political and legal thought. Ethical theories analyze the moral acceptability of human actions from the perspective of a set of principles that, in turn, are derived from the process of implementing, in social practice, some human values considered fundamental at the level of a given society or culture. Ethical theories, similarly to scientific theories, shape the reality in which we live, and although they do not constitute the real world, but only a perspective on it, they allow us to understand and react to facts that occur in the real world. Even if the world is perceived in the form of a social construction - we rather react to social perceptions of events and phenomena, which are most often subjective, through the consequences that our own perceptions or the social perceptions we adhere to have on us and on those with whom we interact with.
More...
In the present study we examine historical and philosophical aspects of the law of ancient Cyprus from the foundation of the Kingdoms to their abolition and the transformation of Cyprus into a Roman province. From this study, useful, timeless and timely conclusions emerge for the broader perception and understanding of the concepts of ethics, justice, good law-making and law in general.The analysis includes public law, private law and criminal law of Ancient Cypriot Kingdoms. Moreover, there is an analysis of philosophical aspects of Ancient Cyprus which was similar to Ancient Greek philosophy influenced the respective laws.
More...
The relationship between law and the individual or between the subject who becomes the subject of law when reviewed by law has been the topic of many philosophical debates. In the present article, this relationship is considered in the form of a distance, such that law appears external to both the individual and his life. If this is true through a purely empirical and phenomenological approach to the everyday life of the subject both from a Kelsian and Kantian perspective, Nietzsche’s perspective on conventional morality does not oppose the distance between law and the individual or the external nature of law to life, to which law, indeed, is foreign. Nietzsche does offer, however, additional meaning to that distance, by evaluating the origin of law and the kind of life law is external to. The hermeneutical circle starts with Kelsen’s perspective under the Kantian influence and ends with Nietzschean considerations, closing the hermeneutical circle with Nietzsche’s contradiction of his own premises.
More...
Construction projects are naturally complicated and involve large number of unpredictable as well as external interrelated factors. Complex construction projects value is in excess of billions of dollars. As a result, disputes between the contracting parties are critical and difficult to resolve. Traditionally, litigation was the only avenue to resolve such disputes. However, with its complicated nature and technicalities involved, construction projects’ experts deployed alternative dispute resolution methods such as arbitration and mediation. Each vary in the involved resources and the legal consequences. Litigation, however, is found to be one of the most expensive and time consuming methods. Moreover, the results of litigation are unguaranteed. Therefore, researchers attempted to predict the outcome of litigation in the field of construction dispute to give the contracting parties a good order of estimate on the expected outcome. This would be a good tool to decide whether a party shall file a litigation case or not.
More...
Legal responsibility in the field of environmental protection must also be included among the coordinates that mark the content regulation of a fundamental right- right to a protected environment. Most important aspect in this matter is to prevent ecological damage rather than establishing liability in order to repair the damages (due to the sometimes irreversible nature of ecological damages. Legal liability differs depending on the degree of actual social danger of the act, which may constitute, according to this criterion, a crime or misdemeanour, resulting in two possible forms of legal liability: misdemeanour or criminal. If the deed does not fall into any of these categories, but still caused property damage, it will be repaired through civil liability.
More...
Modern age is characterised by increasing interest of jurist, as well as the need of the society itself, in terms of legal regulative of the subjectivity and the protection of an unborn child. In order to define legal status of an unborn child, it is necessery to first determine at what precise moment human life is created, because it is the moment in which life is created that is crucial for obtaining legal subjectivity. In the theory of law there are three dominant standings relevant for this matter: legal subjectivity is acquired at the time of human conception , legal subjectivity is acquired at the time of birth, and third solution according to which an unborn child has a specific, sui iuris legal subjectivity. Depending on which of these understandings is accepted, we can differenciate levels of protection that law provides, mainly in the terms of the protection of unborn child’s civil rights
More...
Lecture by Frederic William Maitland, which was first delivered as the Henry Sidgwick Memorial Lecture at Newnham College (Newham College), Cambridge for 1904.
More...
The specificity of legal regulations as a principle of the proper legislation binds the legislature to formulate legal rules that are clear, precise, and consistent, including laws regulating business activities. The principle of specificity of legal regulations is particularly important in the view of such phenomena as a considerable increase in legislative output, internationalization of law, and increasing complexity of economic processes governed by legal regulations. The implementation of the principle of specificity is one of the conditions necessary to guarantee legal order, which is part of economic order, which is related to the security of doing business and the legal security of entrepreneurs.
More...
Discrimination, racism, sports ... in the present study an attempt was made to present the existing legal and institutional framework in Romania in the field of combating and sanctioning any form of discrimination in the field of sports. The executive's intentions to improve both the current legislation in this area and the institutional framework were also mentioned, as we appreciate that they prove that, in this field of social life, fundamental human rights are also wanted to be recognized and respected.
More...
The law of talion law is still in effect in many Muslim countries. Nowadays, it is associated with shifting the imposition of penalties from the state authority to individuals — most often the aggrieved party (the victim of a crime) or persons closest to him. The aim of the article is to indicate whether granting individuals the possibility of administering punishment has an impact on the morality of an individual and consequently on social morality. The answer to the issue above requires an analysis of the question of the moral obligation of the non-objective judge, such as the aggrieved party, or persons closest to him. The issue of the punishment function imposed by the victim was taken into consideration.
More...
According to the Romanian Citizenship Law no. 21/1991, citizenship is "the connection and belonging of a natural person to the Romanian state". Named in the literature as the "intimate connection" between the state and the individual, citizenship is the basis of the fundamental rights and freedoms of citizens, as well as the basis of their duties to the state. The constitutional legislator provided for two ways of acquiring Romanian citizenship: by birth or by another derivative method, provided by the special law. One of the derivative ways to obtain Romanian citizenship is the adoption, in certain situations and in accordance with the European Convention on Citizenship. The present study proposes an analysis of the circumstances in which the adoption may have effects on the citizenship of the persons involved in the procedure, by referring to domestic and international law, while synthesizing some solutions for a better interpretation and understanding of legal regulations.
More...
