Search

The article is devoted to researching the content and legal nature of the human right to gender identity. It is noted that the right to gender identity is an integral part of human rights. International organizations such as the UN recognize the importance of protecting people's rights to self-identification. At the same time, ensuring legal protection of gender identity promotes social inclusion and equality, which is extremely important for creating a tolerant and just society where all people can live without fear of discrimination. It was concluded that the right to gender identity can be understood as a given person the opportunity to self-identify as a representative of a certain sex, to perform actions in accordance with his gender identity regarding the change of biological and/or social sex, as well as to demand from others to refrain from actions that violate this right. In addition, legal recognition of gender identity has a direct impact on people's mental and physical health, as research shows that legal protection and support of gender identity reduces stress, depression and suicidal thoughts among transgender people. It was analyzed that from a legal point of view, gender identity can be considered as a good, an object of the corresponding personal non-property right, characterized by the following components: 1) self-determination of a person as a representative of a certain gender; 2) gender selfexpression through the so-called social manners of gender (name, appearance, manner of behavior, clothes, accessories, etc.), which creates a holistic perception of a person as a representative of the corresponding gender. It is noted that the European Court of Human Rights has unequivocally established a positive obligation for European states to ensure legal recognition of gender. However, when it comes to the practical implementation of this obligation, it is necessary to carefully evaluate the procedures for their compatibility with human rights. This section will help when working on amendments or new gender recognition legislation by explaining the guidelines for developing procedures, the requirements and implications of the law, providing information on case law and relevant human rights standards, and identifying common problems. [ABSTRACT FROM AUTHOR]

The article explores the role of the theory of «rules of recognition» by Oxford professor H.L.A. Hart in the contemporary theory of Anglo-American legal positivism, introduced by him in his central work «The Concept of Law» (1961), which has a significant influence on contemporary legal theory and philosophy. The authors reveal the content and meaning of the concept of «rules of recognition» as part of the secondary rules-«rules about rules» or «procedural rules» which determine the criteria for the validity of law along with the «rules of change» and the «rules of adjudication» in H.L.A. Hart’s terminology. The authors demonstrate the correlation with the «Grundnorm» of German legal philosophter H. Kelsen, which is more common in the Ukrainian legal theory, and which justifies the existence of constitutional norms as fundamental ones which determine the recognition of law by society and its individuals. The authors analyze the main positions of H.L.A. Hart’s followers-J. Raz, M. Kramer, B. Bix, S. Shapiro and others-regarding this theory and highlights the criticism of its individual provisions. The authors highlight how H.L.A. Hart tried to explain by the «rules of recognition» how law at the fundamental level is a matter of social convention (agreement between people inside the inhabited society), defending one of the components of legal positivism-the thesis of social fact (social sources of law thesis). The authors examine the interdependence between law and coercion by the State, the role of social practice in society’s subordination to law, the role of moral norms in the formation of law, in particular, the «rule of recognition», the correlation between the concepts of «rule of recognition» and «legal validity», and the problem of law enforcement by judges and governmental officials of the «rule of recognition». The authors summarize how H.L.A. Hart eliminates morality from the content of law in motivating judges and governmental officials to apply the rules of law, clarifies the position of legal positivism on the issue of the grounds for society’s submission to law, and demonstrates how the «empirical» theory of recognition prevails over the «analytical» theory, using R. Alexy terminology. [ABSTRACT FROM AUTHOR]

Within the public sphere of South Asian countries, prominent movements to formally recognise gender diversity and decriminalise same-sex relations have had effects in Nepal and India, but same-sex relations remain a criminal offence in Sri Lanka and other South Asian countries. Against this background, the article analyses an early novel by the Sri Lankan Canadian writer Shyam Selvadurai, showing how prohibition and tolerance go rather uneasily hand in hand within the public and private spheres of Sri Lanka, creating anxious precarities in the everyday lives of individuals, their families and supporters within a heteronormative framework. Since formal legal recognition per se can never fully guarantee the freedom to live one's life as one desires, the article discusses, in light of Selvadurai's work, to what extent private individual strategies of navigation and self-management remain crucial for non-heteronormative individuals. [ABSTRACT FROM AUTHOR]

Legal personhood has been recognized for several ecosystems worldwide, garnering significant attention from the scholarly community. This attention translated with the mobilization of approaches anchored into legal, institutional, or ethnographic perspectives. On-going calls for the recognition of Rhone River's legal personhood provides us the opportunity to analyze on-going processes in a transboundary river located in the middle of Europe. This paper focuses on how such a concept gets promoted and intends to make its way on the political agenda. Specifically, we examine two current promoters of the legal personhood of the Rhone River: the International Commission for the Protection of Lake Geneva (CIPEL) and ID-Eau. We identify five key lessons: (1) the request for recognition of legal personhood derives from actors' willingness to change current governance practices and to shift the productivist paradigm towards more decentralized and inclusive governance system; (2) legal personhood is presented as a solution to problems that have not yet been clearly framed nor identified, opening up thinking on how such concept may be instrumentalized; (3) the discussion remains limited to a small number of experts; (4) the legitimacy of this debate requires scrutiny; (5) the legal personhood concept should be reinterpreted to fit within Western ontologies. [ABSTRACT FROM AUTHOR]

The work aims to provide a description of the sociolinguistic and linguistic reality of the hamlet of Timau in the municipality of Paluzza. In contrast to the other villages of the Municipality, the population of Timau has been speaking for centuries, alongside Italian and Friulian, the Timavese code, a Carinthian based variety that nevertheless displays distinctive linguistic characteristics at all levels. In the paper we will present the origins of the village, the sociolinguistic position of Timavese in the community’s repertoire, the similarities and differences between Timavese and Carinthian and the corpus and status planning created for this variety after its recognition by the national law 482/1999 (“Norme in materia di tutela delle minoranze linguistiche storiche”), aimed at protecting the historical linguistic minorities recognized in the national territory. [ABSTRACT FROM AUTHOR]

The large volume of court decision documents in Indonesia poses a challenge for researchers to assist legal practitioners in extracting useful information from the documents. This information can also benefit the general public by improving legal transparency, law enforcement, and people's understanding of the law implementation in Indonesia. A natural language processing task that extracts important information from a document is called named entity recognition (NER). In this study, the NER task is applied to legal domains, which is then referred to as legal entity recognition (LER) task. In this task, some important legal entities, such as judges, prosecutors, and advocates, are extracted from the decision documents. A new Indonesian LER dataset is built, called IndoLER data, consisting of approximately 1K decision documents with 20 types of finegrained legal entities. Then, the transformer-based models, such as multilingual bidirectional encoder representations from transformers (BERT) or M-BERT, Indonesian BERT or IndoBERT, Indonesian robustly optimized BERT pretraining approach (RoBERTa) or IndoRoBERTa, XLM (cross lingual language model)-RoBERTa or XLMR, are proposed to solve the Indonesian LER task using this dataset. Our experimental results show that the RoBERTa-based models, such as XLM-R and IndoRoBERTa, can outperform the state-of-the-art deep-learning baselines using BiLSTM (bidirectional long short-term memory) and BiLSTM-conditional random field (BiLSTM-CRF) approaches by 7.2% to 7.9% and 2.1% to 2.6%, respectively. XLM-RoBERTa is shown to be the best-performing model, achieving the F1-score of 0.9295. [ABSTRACT FROM AUTHOR]

This study examines the experiences of lesbian-parent families in Chile regarding the civil registry and the registration of their children, highlighting how heteronormative structures persist despite significant legislative advancements. Through semi-structured interviews with lesbian mothers, it explored how the policies and practices occurring at the civil registry affect their rights and legal recognition. The qualitative data analysis revealed significant barriers in the filiation processes due to outdated forms and lack of training among officials, reflecting a disconnect between progressive legislation and its practical implementation. The findings indicate that while there is growing social recognition of family diversity, lesbian-parent families face institutional discrimination, limiting their full participation in society. These barriers not only perpetuate occupational injustices but also negatively affect the emotional and social well-being of these families. This study underscores the need for legislative and administrative reforms to ensure effective inclusion and recognition of lesbian-parent families, recommending policies that update administrative processes to reflect the realities of all families adequately. The research highlights the importance of continuous education and awareness for civil registry workers, ensuring that existing laws are applied fairly and equitably. [ABSTRACT FROM AUTHOR]

We are currently witnessing a turn to racism and anti-racism in Latin America. The recognition of racism is not new, but the attention and challenge to racism, in such an orchestrated way, is. What are the signals of such turn to racism and anti-racism? What are the overall lessons for Latin America and from Latin America to global antiracist efforts? This introduction looks at the arguments of the articles in this special issue to highlight how issues of racial visibility, naming racism, racial data, legal rights and recognition, entrepreneurship, mestizo identity, the possibilities of alliances, racially-aware struggles against class (and gendered) oppression, are key to understanding this turn. While we do not claim that these articles cover the full extent of this turn in Latin America, we suggest that analysing how this turn appears in Latin American opens useful ways of thinking about anti-racism more widely. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Derecho de la Seguridad Social, Laborum is the property of Ediciones Laborum S.L. and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

To operate legally, religious groups must be legally recognized in Vietnam. However, as of 2023, only twelve Protestant groups had been officially recognized, and a few more religious leaders had registered their organizations for legal recognition. Our research data indicate that a significant number of Protestant groups operate without legal recognition, and this article analyzes the reasons for this situation. Based on 49 interviews, the authors argue that legal recognition is particularly important for large Protestant churches, which require legal status to obtain certain administrative powers and to become eligible for material support from the state. However, the administrative process for legal recognition is very complicated. Furthermore, obtaining legal status often implies increased surveillance of religious activities by local administrators, which may inhibit their evangelistic activities. Consequently, many representatives of Protestant religious groups have decided to operate without legal status, even at the risk of legal sanctions. [ABSTRACT FROM AUTHOR]

Introduction: Shifting sociopolitical landscapes may create doubts, questions, or concerns for individuals, especially those who hold a disenfranchised identity or are in marginalized relationships (Meyer in Psychology of Sexualities Review 7:81–90, 2016). As a result of political and societal opposition following the Supreme Court Obergefell v. Hodges (2015) decision, for example, legal and social uncertainties may lead to distress for same-sex couples. Methods: Guided by the Contextual Relational Uncertainty (CRU) model (Monk & Ogolsky in Journal of Family Theory & Review, 11(2):243–261, 2019), we test the association between sociopolitical uncertainties (i.e., uncertainty about legal recognition, social acceptance, and norms or scripts) and relational uncertainty (i.e., self, partner, and relationship uncertainty) among people in same-sex (n = 180) and different-sex (n = 180) relationships 1 year after the Obergefell ruling. Results: We found that most sources of sociopolitical uncertainty were positively associated with the sources of relational uncertainty. Using thematic analysis, we also analyzed responses to open-ended questions about concerns and experiences related to the Obergefell v. Hodges decision. We identified primary themes including increased (a) social certainty and (b) relational security, but also increased uncertainty related to (c) the breadth and permanence of legal recognition, (d) family norms and roles, and (e) potential backlash. Conclusions: Overall, these findings provide more evidence of the positive and negative consequences of precarious societal transitions on the lives of individuals, particularly people in marginalized relationships. Policy Implications: Policymakers and court system officials should be conscious of the full import of legislation. Even when producing legislation that is perceived to benefit a population, policies and educational resources should be considered that further support these communities across the transition. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The definition of the essence of the category of law for a long time remains the subject of numerous discussions. We explain this by the fact that law is a multifaceted category, which leads to the emergence and development of a significant number of approaches and concepts to its interpretation. The process of development of legal understanding continues today, taking into account the dynamic emergence of new social relations, which lead to the modification and adaptation of law to new conditions. However, in the process of the evolution of law, two fundamental concepts of legal understanding emerged, namely, positivist and natural-law. Undoubtedly, each of the above-mentioned concepts contains a number of separate currents and directions, however, in general, in their unity, they contain the most general patterns of consideration of the law from a specifically defined position, therefore, they are taken as a basis in the context of the study of legal understanding. The main position of the positivist school of legal understanding is that law is exclusively the result of state activity, and its sources are the will of the state expressed in laws. The opposite position is taken by the natural law school, defining law as a concept that means a set of principles, rules and values dictated by human nature itself and therefore independent of their legal recognition or non-recognition in a specific state. That is, in this case, the source of law is the objective laws of nature, a certain level of evolution of society as a whole and the individual in particular. Natural law is based on the principle of justice, through the prism of which the effectiveness and expediency of certain norms of positive law are determined. It is the natural-legal concept of legal understanding that contributes to the justification of law as a measure of justice, as a social ideal, the norms of which the majority of citizens seek to adhere to not out of fear of punishment, but out of respect and trust based on the rule of law. However, analyzing current scientific research on the topic of the natural concept of law, it is clear that more attention is focused on natural human rights than on natural duties. In our opinion, this state of affairs is to some extent misleading, establishing the opinion of the existence of only natural rights without any obligations. The objective laws of nature are the source of both freedom and the corresponding duties of man. In this way, there is a unity of natural rights and duties of a person - natural duties correspond to natural rights. Therefore, for the development of the naturalistic concept of human rights, more attention should be paid to the natural duties of a person, because even J. Locke claimed that there is a “law of nature” that gives a person freedom and imposes duties on him. [ABSTRACT FROM AUTHOR]

The article provides an analysis of the key theses of Gustav Radbruch, known as the Radbruch Formula, which reflect the position of the prominent German legal philosopher of the first half of the 20th century regarding the judge’s duty not to apply «intolerably unjust laws». This preference is given to the principle of justice over the principle of legal certainty in certain categories of «hard cases». The article analyzes Radbruch’s formula regarding the nature of law itself and the evaluation of statutes as either having or lacking legal character, as well as their validity. The authors’ foundational approach in analyzing the Radbruch Formula is based on considering the dynamics of Radbruch’s philosophical-legal system, as a representative of Southwest (German) School of neo-Kantianism, in relation to the balance between the principles of legal certainty and justice as components of the idea of law. Radbruch’s views on the nature of law, which from the second half of the 20th century have formed the foundation of modern non-positivist legal theory in its «inclusive version», are also examined. The main characteristic of the Radbruch Formula is highlighted through three key theses of Radbruch concerning the relationship between the principles of legal certainty and justice, and their combination into two formulas. This epistemological approach enables a more detailed analysis of the ideas embedded in the Radbruch’s Formula. Under normal conditions of law and order, the first thesis indicates the need to give priority to the legal certainty of the law in law enforcement. The first formula, or the «intolerability thesis», describes the condition under which a law, as «incorrect law» or unjust law, is not recognized as legally binding from the moment of its creation. Intolerable injustice serves as the criterion for determining that the law is not law. Only intolerably unjust laws, among those that are to some extent unjust in content, lack legal force and cannot be applied by judges in the process of adjudication. The second formula, or the «rejection thesis», describes the criterion by which to distinguish between existing laws as «incorrect law» and laws that are, by their nature, non-legal and should be denied recognition as law. This criterion for a law is its «service» to justice, whose core is the equality of all people, thereby precluding racial, religious, and other forms of discrimination. The authors view Radbruch’s theses as an integral construct of the Radbruch Formula, as taking into account their essential connections, which refer to the concept and idea of law, provides a comprehensive understanding of the nature and purpose of legal certainty, the value of justice, the degree of permissible injustice, and the purpose and nature of law itself [ABSTRACT FROM AUTHOR]

Citizen participation among children and adolescents is key for the development of society. According to the Convention on the Rights of the Child, the legal and ethical recognition of public, education, and social policies for children is vital for ensuring an active and critical society. The aim of this research paper is to analyse the characteristics and challenges of citizen participation during childhood as an educational process. The methodology employed was a systematic review carried out using the WOS, SCOPUS, and ERIC databases, taking into account the PRISMAS 2020 protocol. The results show that the incorporation of a culture of participation in children and adolescents will guarantee the persistence of democratic systems, although there are still challenges to overcome. The conclusions suggest that it is crucial that educational institutions, families, and society as a whole commit to promoting the philosophy of citizen participation at an early age in formal and non-formal educational contexts. [ABSTRACT FROM AUTHOR]

This paper examines the ontology of artificial intelligence (AI) within the context of contemporary society. With the rapid progression of technology, the definition of legal subjects has become increasingly ambiguous, as the technological landscape continues to evolve. The orthodox perspective fails to provide adequate solutions to this problem. An alternative approach, as put forth by Visa A.J. Kurki’s bundle theory offers a potential pathway, yet AI’s intrinsic nature surpasses the minimum thresholds defined by Kurki’s model. The authors propose a periscopic model that explores the interaction between the material world and the virtual or augmented sphere, often referred to as the metaverse. This article contends that the current philosophical foundation of law is both outdated and insufficient, primarily due to the shift from singular to plural forms of agency. AI has transitioned from being purely instrumental or intermediary, as observed in Artificial Narrow Intelligence (ANI), to autonomous decision-making entities, exemplified by Artificial General Intelligence (AGI). Drawing on theoretical insights from Yuval Noah Harari, the paper underscores the need for a new conceptual framework to address AI’s lack of a material entity. In conclusion, the paper asserts that the recognition of AI as legal subjects is an inevitable development. [ABSTRACT FROM AUTHOR]

The introduction of the subsidiarity principle by the Maastricht Treaty was intended to strike a balance between the Member States and the supranational level in terms of non-exclusive competences. However, the principle of subsidiarity in the current EU structure is Janus-faced: although it was theoretically included in the founding treaty to protect the lower levels, its modus operandi is actually aimed at demonstrating the supranational level’s capacity to act. Perhaps this is why the enshrinement of the subsidiarity principle in the Treaty has not lived up to expectations, and the relevant Treaty provisions have largely remained dead letters. At the same time, the need represented by the principle of subsidiarity, namely the protection of the autonomy of the Member States, remained present in European integration, which finally emerged in the concept of constitutional identity, linked to the redefined identity clause after the Lisbon Treaty. In this sense, the identity clause in Article 4(2) TEU has become the legal device or standard that is able to transfer the constitutional needs of the Member States to the level of EU law and provide the possibility for their recognition at EU level. For this to work, a cooperative approach by national constitutional courts seems essential. [ABSTRACT FROM AUTHOR]

The article examines new approaches to understanding the concept of spousal maintenance in the context of the constitutional right of Ukrainian citizens to an adequate standard of living. The legal nature and peculiarities of the institution of spousal maintenance under the law and the agreement on the provision of maintenance to one of the spouses are investigated. Considerable attention is paid to the issues of determining the conditions (grounds) for payment (recovery) of alimony. In particular, the article interprets such a ground as need on the basis of part 4 of Article 75 of the Family Code of Ukraine, namely: a person whose income is less than the subsistence minimum is recognized as needy or in need of material assistance. In this case, it is about establishing a certain correspondence between neediness and the size of the subsistence minimum established by legislation. In this connection, it was concluded that this minimum can be considered acceptable in cases of only normal life support of a person, but it is not sufficient in the case of a disabled person, in particular, who is deprived of the opportunity to work. It is argued that it is impossible to legislate and equally define the level of material security for all citizens without exception. This is due to the fact that some people, due to disability, including temporary, serious illness, pregnancy, etc., need much more money for their normal existence than others. Therefore, an individual approach of the court to determining the amount of alimony in each particular case is important. The author makes a historical analysis of the spousal maintenance institute, and it follows that the provision of Part 4 of Article 75 of the Family Code of Ukraine is a historical tribute to Soviet family law and needs to be adjusted in modern conditions, taking into account a number of factors: expansion of discretion in family law; consolidation of the leading role of contractual family law regulation; recognition at the level of the Constitution of Ukraine of the right to an adequate standard of living; the fundamental principle of mutual moral and material support in the family and the obligation of spouses to financially support each other in marriage. The article also substantiates that at the current stage of development of family law in Ukraine there are sufficient prerequisites for recognizing Part 4 of Article 75 of the Family Code of Ukraine as inconsistent with the Constitution of Ukraine. [ABSTRACT FROM AUTHOR]

This article aims to explore the legal nuances and criminological implications of inheriting digital currency, highlighting the inadequacies and potential risks involved in the current legal framework. Employing induction and deduction, the study distinguishes between traditional, electronic, and digital currencies, analyzing their classifications and legal considerations. The findings indicate a lack of comprehensive legal recognition and regulation concerning the inheritance of digital currencies in Kazakhstan and globally, identifying only two legally non-contradictory methods of inheritance: by law or will, with a closed will deemed safer yet simpler. This research underscores the necessity for legislative refinement to mitigate risks and ambiguities in digital currency inheritance, offering criminological insights into the prevention of fraud and misuse in the digital inheritance process. Its practical significance lies in providing a critical analysis beneficial for Kazakhstani citizens in navigating digital currency inheritance and urging legislative bodies towards enhancing the legal framework governing digital assets. [ABSTRACT FROM AUTHOR]

Copyright of Contabilidad y Dirección is the property of ACCID and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Landscape, as an essential component of quality of life for humans all over the world, is undergoing a period of rapid and profound changes, mainly due to such phenomena as climate challenges and social crises. Landscape Architects, more than ever, are expected to play a significant role in responding to current environmental and social challenges. Although many claim that Landscape Architecture is the profession of the 21st century, it is still struggling to gain proper recognition worldwide and in Europe. In the meantime, numerous legal instruments have been developed to facilitate the regulation of various professions in Europe. This paper aims to map the status and factors affecting the regulation process across Europe and investigate the role of legislation and legal recognition regarding Landscape Architect's services, their professional title, and mobility. In order to achieve such goals, a short literature overview of the most recent and relevant research of mapping the profession and studies undertaken by IFLA Europe was performed as well as a collection of data for the survey and the composition of a questionnaire that was sent to all Delegates of the National Associations. The results were compiled into separate documents for the regulated and non-regulated countries. They present the specificities of the profession that constitute the basis for its regulation, the importance of the legal recognition of the profession for a stronger professional environment for Landscape Architects, and the catalyst role of legislation determining professional recognition. [ABSTRACT FROM AUTHOR]

Copyright of Prolegómenos Derechos y Valores is the property of Prolegomenos Derechos y Valores and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Despite the prominent role that the Islamic faith plays in shaping the social and regulatory aspects of Arab countries and the constitutional recognition of Islamic law (Sharīʿah) as a main source of legislation in most of these countries, judicial precedents regarding Islamic finance contracts remain scarce in the Arab world. This article sheds light on the judicial treatment of the validity and characterisation of Islamic finance contracts. It examines the economic and regulatory backgrounds of the Islamic finance industry in Egypt, Kuwait, and Oman. This examination provides a necessary prelude to the article's discussion of the Islamic finance contract from jurisprudential and regulatory standpoints. It also provides a foundation for the analysis of noteworthy judicial precedents on the validity and characterisation of the Islamic finance contract. Following such analysis, this article makes recommendations to enhance the regulatory and judicial appreciation for the distinctiveness of Islamic finance. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In mainstream culture, the horror genre is frequently looked down upon as trivial, shlocky and nasty – horror films are seen as being cheap to make, made for a younger, mass audience, and horror films tend to dwell on society's taboos, phobias and anxieties. Horror can also be a conservative genre – racist, misogynistic and queer phobic – enforcing rules that lead to horrible endings for characters that are non-white, queer or who are women. However, the horror genre also has the potential to be progressive, subversive and critical. We argue that if horror can rethink and renegotiate the meaning of gender, race, politics and power, then so should law. Despite the longevity of feminist legal theoretical recognition of intersectionality, the law still has an outdated and conservative conceptualisation of the legal subject and of its audience – for whom the law is written. Through our reading of the trajectory of the figure of the Final Girl, we argue that the law should see the evolution of the horror genre as a didactic text. We draw upon the insights of transformations of the Final Girl over recent decades and the remaking of the cultural imagination, to argue that the legal imagination likewise needs to be transformed. [ABSTRACT FROM AUTHOR]

Historically, the issue of who were a child's parents was in most instances settled as it was considered that the nuclear family was the (only) valid family formation and, as such, should be the (only) family configuration that should be protected and recognised under the law. Thus, traditionally there was an overall uniformity in the laws of different European States regarding parenthood-related issues. Although some European States continue to maintain a dividing line between nuclear and alternative families by offering legal recognition and protection only to the former, in other European States the law increasingly gives legal recognition and protection to parenthood in situations where the family does not fit within the nuclear family model. This diversity in the legal regulation of parenthood has given rise to the problem of non-recognition of parenthood: in some instances, parenthood validly established under the laws of one State is not recognised in some other States. The article considers the ways in which European law has responded to this problem to date and concludes that currently there is no comprehensive solution to it. Although recent years have seen a surge in efforts to find such a solution, the chances of this materialising appear grim. [ABSTRACT FROM AUTHOR]

In 2022, a New York civil court concluded that a polyamorous partner should not be automatically excluded from noneviction protection (O'Neill). The decision was hailed as particularly groundbreaking and a 'game changer'. On the other side of the globe, the New Zealand Supreme Court concluded that polyamorous unions could be entitled to the same property-sharing regime as couples. Upon closer examination, the two decisions use function-based modes of recognition to confer similar protections upon the polyamorous union. However, this paper will illustrate some of the limitations inherent in this approach. At present, functional recognition exhibits a continued attachment to the traditional marital family; this aspect, combined with the unique complexity of polyamorous arrangements, renders this route to legal recognition potentially inappropriate. The decisions examined either fail to understand the nature of the arrangement or choose to distort it in order to make polyamory legally intelligible. Both decisions are emblematic of a broader difficulty of functional recognition to provide answers to the legal demands of this type of relationship. [ABSTRACT FROM AUTHOR]

In recent years in North Macedonia, there has been a noticeable and steady rise in the prevalence of non-marital unions or domestic partnerships, alongside a decline in the number of marriages and an increase in divorces. This trend mirrors developments seen across Europe, signaling significant shifts in the perception, function, and role of the institution of marriage and family over recent decades. Across European nations, various models of legal frameworks govern non-marital unions. These differences encompass conditions for existence and legal recognition, the legal consequences of domestic partnership, and procedures for its dissolution. While some countries require registration and fulfillment of specific criteria for legal recognition and effects of non-marital unions, others, like North Macedonia, do not impose such prerequisites. In certain jurisdictions, the legal ramifications of non-marital unions closely resemble those of marriage, encompassing both personal and property rights between non-marital partners. However, in the Republic of North Macedonia, the law predominantly focuses on regulating property relations between such partners, granting them certain rights—a focal point of this research paper. The legal framework governing the property relations of non-marital partners holds significant importance, particularly in safeguarding the financial security of economically vulnerable partners and ensuring the protection of any shared children. The methods employed in this research include theoretical analysis and the comparative method, drawing upon the legal frameworks and practices of Croatia, France, and Italy alongside North Macedonia. Through these analytical approaches, we aim to elucidate the intricate dynamics of domestic partnerships and their implications for individuals and families in contemporary society. [ABSTRACT FROM AUTHOR]

The article analyzes the problems of applying the institutions of joint and subsidiary liability within the framework of bankruptcy proceedings. The purpose of the article is to provide scientifically based proposals for coordinating the processes of meeting creditors' demands by imposing joint and subsidiary liability on persons guilty of the bankruptcy of an insolvent debtor. The author reaches the following conclusions. Satisfying the demands of individual creditors by bringing to joint and several liability the officials of the debtor's management bodies who committed violations of the requirements of Part 6 of Art. 34 of the Code of Ukraine on Bankruptcy Procedures (CUBP) regarding the need to apply for bankruptcy in a timely manner to the commercial court in the presence of a threat of insolvency of the debtor, does not violate the principle of bankruptcy immunity. The creditor's right to initiate court consideration of the issue of joint liability is mediated by the following legal facts: recognition of the creditor's monetary claims and establishment within the bankruptcy case of the fact that the debtor's management bodies violated the requirements of Part 6 of Article 34 CUBP. The exercise of this right is carried out by the creditor in accordance with the principle of the dispositive nature of economic proceedings at his own discretion and does not depend on the procedural stage of the bankruptcy procedure, the process of formation and realization of the bankruptcy estate, bringing to subsidiary liability the persons guilty of bringing the debtor to bankruptcy. Court consideration of issues related to the imposition of joint and subsidiary liability is carried out in a separate proceeding within the bankruptcy case. The current paradigm of compensation within the framework of a bankruptcy case for damages caused to an insolvent debtor must be rethought, which, in particular, requires changes to be made to the CUBP regarding the procedure for bringing guilty parties to joint and subsidiary liability. [ABSTRACT FROM AUTHOR]

The study represents a first effort to explore societal sources of support for judicial independence under authoritarianism. Contemporary Russia, which is characterized by legal dualism, under which judges pay close attention to the governing law when resolving mundane cases but routinely twist this law beyond recognition in politicized cases, presents an ideal case study. Drawing primarily on two national representative surveys, fielded in 2008 and 2018, the author finds that a majority of Russians believe their judges to be under the control of political officials. Higher education and prior court experience are key predictors of skepticism. The study complicates the relationship among these factors by singling out Russians with legal education. Despite their high levels of knowledge and experience, law graduates are more likely to believe in judicial independence than other university graduates. This suggests the importance of drawing a contrast between those with profound knowledge, such as lawyers, and those with superficial knowledge. Thanks to their educational socialization and deeper understanding of the messy reality of courts, Russian lawyers are more forgiving of the courts' shortcomings. [ABSTRACT FROM AUTHOR]

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Copyright of Revista Foco (Interdisciplinary Studies Journal) is the property of Revista Foco and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The aim of this paper is to settle the controversy around Kant's notorious discussion of maternal infanticide in the 'Doctrine of Right' of 1797. How should a state punish an unmarried mother who has killed her newborn infant? The text (at DoR VI 335–37) is obscure. Three readings have been defended in the literature: 1. Lenience. Maternal infanticide does not count as murder; so, capital punishment is inappropriate. On this view, the child does not enjoy the full recognition of the law (this is the standard view). 2. Temporary privilege. Lenience should prevail as long as social attitudes are barbaric and treating maternal infanticide like regular cases of murder is perceived to be unjust. The regular punishment for murder will be appropriate once sexual mores have changed. The child will then enjoy the full protection of the law (Hruschka, Varden). 3. No lenience. Capital punishment, though it appears to be unjust, is actually just and ought to be applied. Any child, whether born to married parents or not, enjoys the full protection of the law (Brandt, Uleman). Based on a close examination of the passage and the context of contemporary laws and attitudes, Kant is not, it will be argued, advocating lenience but certain legislative reforms, which are needed to dispel the perception that capital punishment is unjust. Progressive legislation will change social attitudes, not vice versa. Moreover, it will be shown that Kant does not, appearances notwithstanding, endorse the thesis that a child born out of wedlock has been smuggled into the state like 'prohibited goods' or 'contraband merchandise', which would deprive the child of the protection of the state; that is the view with which Kant saddles Cesare Beccaria. [ABSTRACT FROM AUTHOR]

Introduction. The communicative theory of law put forward in the first years of the XXI century by A. V. Polyakov received further development in the next decade due to the substantiation of the metatheoretical foundation of this theory in the doctrine of legal recognition as the transcendental basis of law. The idea of objectifi cation of law through recognition proposed by A. V. Polyakov becomes the basis of a new humanistic understanding of law, which asserts the key character of trust in legal genesis. Theoretical analysis. The development of the doctrine of recognition as the foundation of legal genesis begins with the substantiation of the idea of recognition of law. A. V. Polyakov connects the very possibility of law with the fact that interacting subjects must not only understand the boundaries of their behavior, but also continuously coordinate them with each other. In this process, each of the subjects must recognize the presence of symmetrical abilities in the counterparty, therefore, recognition is the unity of intellectual and cognitive aspects of law with emotional and axiological one, which asserts the primacy of freedom, equality, dignity and responsibility of the participants in the interaction. From this thesis A. V. Polyakov deduces four aspects of formal equality – communicative equality, normative legal equality, equality as a legal ideal and equality as conformity. Еmpirical analysis. The author considers the conceptual transition from the idea of law as recognition to the principle of mutual legal recognition. Legal recognition as a principle is based on the ontological fact of the existence of Another as a representative of the human race, recognition of the human status of Another means the acceptance by an individual of responsibilities corresponding to the rights of Another as a response to expectations about their own rights. Results. A. V. Polyakov revealed the transcendental foundations of law through the analysis of legal recognition. These data deepen the provisions of the communicative theory of law on the ontological status of law, give the doctrine of legal communication a metaphysical and existential perspective, considering a person in the unity of his / her cognitive, emotional and volitional abilities.

Since coming to power in 2016, the Democratic Progressive Party (DPP) has pledged to safeguard Taiwan's sovereignty amidst Beijing's aggressive imposition of the one-China principle. This article assesses the impact of the DPP's recognition for survival strategy which involves using free trade agreements (FTAs) to boost Taiwan's legal standing and recognition in the international community. The strategy entails a two-pronged plan: retaining Taiwan's status as a vital regional economic player to ultimately advance its de jure sovereignty via regional FTAs. Drawing on Taiwan's past FTA experiences, we analyze the possible outcomes of the government's application to the Comprehensive and Progressive Agreement for Trans-Pacific Partnership (CPTPP) and the likely consequences of these outcomes on the country's sovereign claims and status. We argue that while the DPP's strategy plays a crucial role in renegotiating Taiwan's political self as an unrecognized state, failure to mitigate the negative externalities of the one-China principle while negotiating and implementing the CPTPP will further undermine the country's facto sovereignty. [ABSTRACT FROM AUTHOR]

LegalNERo is a manually annotated corpus for named entity recognition in the Romanian legal domain. It provides gold annotations for organizations, locations, persons, time expressions and legal resources mentioned in legal documents. Furthermore, GeoNames identifiers are provided. The resource is available in multiple formats, including span-based, token-based and RDF. The Linked Open Data version is available for both download and querying using SPARQL. [ABSTRACT FROM AUTHOR]

The legal evidentiary approach to "solving" statelessness can sometimes lead to the issue being framed in terms of certain groups of people not meeting objective citizenship criteria or lacking required legal documents. Building on critical interdisciplinary scholarship in anthropology, history and legal studies, this article demonstrates the "constructedness" of citizenship and statelessness through the lens of the politics of recognition and documentation. Using Thailand as a case study, I highlight how global economic, political and social contexts play a significant and dynamic role in delineating the legal line of membership. By tracing how Thai nationality has been instrumentalised by the state throughout the twentieth century, this article contextualises statelessness as a legal and social by-product of statemaking. As such, it challenges the framing of nationality as a non-discriminatory mode of recognition founded in legal objectivity and reiterates the politics of statelessness. In emphasising the fragility of citizenship when granted without genuine social, political and moral recognition, I argue that the objective of statelessness advocacy should not simply be about turning stateless persons into citizens, but rather about creating a more equitable society wherein one's rights are upheld regardless of legal status. [ABSTRACT FROM AUTHOR]

The issue of marriage between persons of the same sex has frequently sparked both emotional and political debates between supporters and opponents, and the debates related to unions concluded between persons of the same sex continue very strongly. Analyzing these aspects, it can be observed that in the Convention for the Defense of Human Rights and Fundamental Freedoms no right is guaranteed regarding marriage between persons of the same sex, but nevertheless, an attempt is made to build a right of legal recognition for couples formed by people of the same sex. The European Court of Human Rights highlighted that it is the right of the member states to protect marriage and the family, this being done with the "specific realities of each state". In relation to the Romanian legislative framework, we underline the fact that the only form of union accepted by Romanian law is the traditional marriage, which is concluded between men and women. Or, we raise the question, if the Convention for the Protection of Human Rights and Fundamental Freedoms does not guarantee any right regarding same-sex marriage, and the European Court of Human Rights highlights the fact that every state is obliged to protect marriage and the family in relation to the realities and own beliefs, why does the latter force the Romanian state to go over constitutional beliefs and values? In order to be able to make legal arguments on this matter, I believe that we must not give up the fundamental values of a state and force citizens to give up their traditional values and culture. I am of the opinion that before promoting any action, there must be a balance between traditional values and the law, and the legislative framework must be harmonized with the specific realities of each state. [ABSTRACT FROM AUTHOR]

Mar González is a psychologist and one of the pioneers in studies on LGB-parent families in Spain. Her research work from the 2000s onwards played an essential role in the parliamentary debate in the country, which culminated in the approval of same-sex marriage in 2005. Spain, a Catholic-majority country that had left the Franco dictatorship three decades earlier, was the third country in the world, after Belgium and Netherlands, to recognize the right of gay and lesbian people to unite. Her studies address unconventional families, family diversity, child and family development, and their relationship with education and health. Our conversation addressed LBG parenthood, the establishment of filiation rights for this social group, studies on these family configurations, and leading LGB parenthood health implications. [ABSTRACT FROM AUTHOR]

Copyright of Ius et Praxis (07172877) is the property of Universidad de Talca and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The institution of recognition in the international public law can be defined as the desire of a state to establish and maintain official Relations with another state, respectively with its government. The recognition of a state is the act by which a state admits that a political entity fulfills the conditions specific to a state (takes note of the emergence of this new subject of law) and express its will to consider it a member of the international community, recognition being a matter of pure intention, it is up to the existing state to recognize a new state or not. States are the main subjects of international law. For an entity to be considered as a state, it must meet the criterion established in art. 1 of the 1933 Montevideo Convention on the Rights and Obligations of States, namely to have a permanent population, defined territory, government, as well as the ability to enter into relations with other States. On the on the other hand, there are contemporary geopolitics entities that tends to be recognized as sovereign states under international law but do not enjoy full global diplomatic recognition. They are divided into two categories: entities that have complete or partial control over them claimed territories and is de facto self- governing, with the desire to obtain total independence; respectively entities that do not have control over the claimed territory, but have been recognized as having a de jure right over the respective territory at least one other generally recognized nation. These special situations will be addressed in the paper, with some concrete examples from the international current affairs. [ABSTRACT FROM AUTHOR]

The article focuses on Moritz Götze and the art of screen printing, highlighting its pivotal role in his career amidst the cultural and political shifts of post-Mauerfall Germany. Topics include his early defiance of socialist norms, resurgence of screen printing as a favored medium among nonconformist artists in late GDR, and Götze's establishment of his own studio in Halle (Saale) despite state restrictions. It mentions his journey from controversial beginnings to international recognition.

Copyright of Revista Didasc@lia: Didáctica y Educación is the property of Universitaria de Las Tunas, Centro de Estudios de Didactica and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

In this study, the authors show that, starting from the end of the 19th century and the beginning of the 20th century, the necessity for assistance, as well as for international judicial cooperation became a significant one, a fact that was determined by a series of endogenous and exogenous factors. Thus, the economic factor was the most important tool for persuading the states of the world regarding mutual recognition and the easy execution of judgments pronounced in a state, but which must produce at least one part of the effects in another state, so that the exercise of the rights and the execution of the obligations of the parties established by the court of law had to find a „fertile ground" for mutual implementation of effects. Likewise, the necessity to avoid the loss of precious time, the avoidance of unnecessary costs of re-trial in several successive states, in relation to the constant fluctuations of the domiciles of the litigating parties, the imperative of avoiding some judgments that are substantially different in terms of specifics and effects, the desideratum to remove the situation of concurrence of jurisdictions, etc. were among the most significant factors in driving the establishment of an integrated and coherent mechanism for the recognition and mutual execution of judgments pronounced in different regions of the globe and being part of various supranational structures, as well as of international cooperation mechanisms. There could hardly have been a discussion about the concepts of development and diversification of world trade, without the entrepreneurs involved in international trade acts or the natural persons interconnected through a set of civil legal relationships having the certainty that, once they enter into a contractual connection with entities and persons from third countries, the settlement solutions of these disputes, pronounced in one state, could be quickly enforced, under the conditions of an international normative framework and under conditions of reciprocity, in any other state where they find their domicile or the headquarters or where the debtors of the conventional obligations carry out their main activity. The legal factor, determined by the necessity to remove impediments of legal origin in the recognition and execution of foreign judgments, has represented another factor of conceptual union, which made possible the adoption of international cooperation mechanisms in civil matters, in disputes with professionals, in the field of labour or criminal disputes, as well as in the area of consumer legislation. [ABSTRACT FROM AUTHOR]

In 2022, Greece became the fifth country in the world to legally ban Intersex Genital Mutilation (IGM). The bill was prepared by the Ministry of Health and the intersex-led organisation "Intersex Greece". Even though the organisation was only established in 2021, it was actively engaged in the whole law-making process, which resulted in a legal text that became a best practice worldwide. This article tracks the history of the intersex movement in Greece and shows that the movement emerged around 2009. Then, based on online interviews, blogs, videos and articles, all strategies and alliances used by the movement over the years to advocate for intersex rights are explored, especially in the year 2017 when the law on Legal Gender Recognition (LGR) was passed and in 2022 when IGM was banned. Furthermore, online public documents from the Greek Parliament are consulted to provide a comprehensive analysis of how the social, cultural, economic, and political environment in the country affected these legal developments. Based on the above evidence, this article shows that the law-making process on IGM in Greece started 13 years before the law and was the outcome of a long process of multiple and unique intersecting factors. [ABSTRACT FROM AUTHOR]

With a view to safeguarding the formation of a marketized, law-based, and internationalized business environment in China and the advancement of the Belt and Road Initiative, the Supreme Court of China has issued a series of adjudicative policies on liberalizing the reciprocity test for the recognition and enforcement of foreign judgments in China. These policies call upon Chinese courts to rectify the rigid de facto reciprocity approach and adopt the de jure approach, as well as other flexible approaches. This article examines the application of these new reciprocity approaches in Chinese judicial practice by reviewing cases from five major countries, namely the United States, Japan, South Korea, Singapore, and Germany. It finds that the Chinese courts have indeed changed from a pro-denying position to a pro-affirming position concerning reciprocity determination. It predicts that as more affirmative cases from a wider range of countries accumulate in Chinese courts, a more legalized market with reliable cross-border regimes for recognition and enforcement of judgments will emerge in China. [ABSTRACT FROM AUTHOR]

Many believe the existence of a moral right to some good should lead to recognition of a corresponding legal right to that good. If, for instance, there is a moral right to healthcare, it is natural to believe countries should recognize a legal right to healthcare. This article demonstrates that justifying legal rights to healthcare is more difficult than many assume. The existence of a moral right is insufficient to justify recognition of a corresponding justiciable constitutional right. Further conditions on when it is appropriate to recognize constitutional rights are rarely satisfied in the healthcare case. And focusing on aspirational or statutory rights presents costs for those seeking to justify legal rights on the basis of corresponding moral ones while maintaining empirical challenges for justifying constitutional rights. This suggests movement from a moral right to a corresponding legal one is far from straightforward and justifies examining alternative means of realizing moral socio‐economic rights such as the proposed moral right to healthcare. [ABSTRACT FROM AUTHOR]

This study aims at analyzing how fundamental rights and individual freedom interfere with privacy issues for transgender people. The main purpose is to identify the legal and social challenges faced by this community in the process of legal recognition of gender identity. To achieve these objectives, the research uses a mixed methodology, which combines comparative legal analysis of legislation from different jurisdictions with relevant jurisprudence and public policy, highlighting exemplary practices and legislative gaps. The results of the study indicate the existence of a gap between the principles of human rights agreed at the international level and their implementation at the national level. Despite significant progress in some countries, many transgender individuals still face bureaucratic obstacles and discrimination when claiming their rights. Therefore, is obvious the need for legislative reform to facilitate the recognition of gender identity in a way that respects personal autonomy and privacy. The study recommends the development of policies and practices that promote social integration and respect for human rights for transgender people, emphasizing the crucial role of a rights-based approach in achieving equality and non-discrimination. [ABSTRACT FROM AUTHOR]

Objectives: Test the effects of a recent police stop and a recent police stop at gunpoint on changes in attitudes towards the police among residents of Brazil's biggest city. Methods: A three-wave longitudinal survey of São Paulo residents (2015–2019) measured people's beliefs about police legitimacy, expectations of police procedural fairness, effectiveness, and overpolicing, whether they were recently stopped by the police, and whether officers had pointed a gun at them during that stop. A novel causal estimand focused on the effect of change in treatment status is estimated using matching methods for panel data combined with difference-in-differences. Results: While estimates are too imprecise to suggest an effect of a recent police stop on attitudinal change, recent police stops at gunpoint decrease public expectations of procedural fairness, increase expectations of overpolicing, and harm public beliefs of police legitimacy. Conclusions: Under a credible conditional parallel trends assumption, this study provides causal evidence on the relationship between aggressive policing practices and legal attitudes, with implications to public recognition of legal authority in a major Global South city. [ABSTRACT FROM AUTHOR]

Copyright of Alauddin Law Development Journal is the property of Alauddin Law Development Journal (ALDEV) and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)