Defining Legal Vagueness: A Contradiction in Terms?
In: Pólemos: journal of law, literature and culture, Band 8, Heft 1
ISSN: 2036-4601
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In: Pólemos: journal of law, literature and culture, Band 8, Heft 1
ISSN: 2036-4601
SSRN
In: Studien zum vergleichenden und internationalen Recht 140
In: Studien zum vergleichenden und internationalen Recht 140
In: Anthropology of the Middle East, Band 13, Heft 2, S. 26-42
ISSN: 1746-0727
Despite increasing subordination of the judiciary to executive
authorities, Turkish cause lawyering associations are more assertive than ever in
their defiance of forced closures and legal persecution. Why would activist lawyers
'play the game' of law when the legal system is being undermined? Focusing on
the historical genesis of Turkey's oldest activist lawyering association, the Çağdaş
Hukukçular Derneği (ÇHD), I argue that Turkish legal activism results from not
just clashing political causes but also the strategies attorneys are forced to adopt to
effect change within an authoritarian-corporatist structure designed to constrict
their activities. The ÇHD and similar groups are not merely extensions of the
formal juridical order; they also constitute a grassroots engagement with the law
that refuses to conform to the categories, narratives, procedures and ends of the
state's legal institutions.
In: European journal of risk regulation: EJRR ; at the intersection of global law, science and policy, Band 14, Heft 1, S. 31-48
ISSN: 2190-8249
AbstractDrones represent a rapidly developing industry. Devices initially designed for military purposes have evolved into a new area with a plethora of commercial applications. One of the biggest hindrances in the commercial developments of drones is legal uncertainty concerning the legal regimes applicable to the multitude of issues that arises with this new technology. This is especially prevalent in situations concerning autonomous drones (ie drones operating without a pilot). This article provides an overview of some of these uncertainties. A scenario based on the fictitious but plausible event of an autonomous drone falling from the sky and injuring people on the ground is analysed from the perspectives of both German and English private law. This working scenario is used to illustrate the problem of legal uncertainty facing developers, and the article provides valuable knowledge by mapping real uncertainties that impede the development of autonomous drone technology alongside providing multidisciplinary insights from law as well as software electronic and computer engineering.
In: Policing: a journal of policy and practice, Band 14, Heft 2, S. 312-324
ISSN: 1752-4520
Abstract
Australian governments, academia, and law enforcement agencies have recognized the need to improve intelligence capabilities in order to adapt to the increasingly complex criminal and security environments. In response, the Australian Criminal Intelligence Commission (ACIC), the Australian Federal Police (AFP) and other Australian policing agencies have adopted several reform measures to improve intelligence capability support. While some have focused on developing specific criminal intelligence doctrine, others have sought to improve more challenging aspects of intelligence capability such as analytical and field collection workforce planning. The complexity of the current and emerging criminal environment and a growing professionalization of policing practice more broadly has resulted in a uniquely new strategic approach to developing the analytical and field collection workforce. This article surveys the development of an Australian Criminal Intel Training and Development Continuum (CITDC). The continuum is an end-to-end continuing professional development framework for criminal intelligence analysts and field intelligence officers that monitor proficiency, competence, and knowledge achievement through pre-entry aptitude testing, rigorous class room, and workplace mentoring. The continuum is designed at the post-graduate level and articulates with Charles Sturt University's MA (Intelligence Analysis). The article argues that both the philosophy of rigorous standards and the learning underpinning the continuum are having demonstrable and positive outcomes for intelligence practitioners and the investigative workforce they support.
In: Logic, argumentation & reasoning volume 7
This volume explores the relation between legal reasoning and logic from both a historical and a systematic perspective. The topics addressed include, among others, conditional legal acts, disjunctions in legal acts, presumptions and conjectures, conflicts of values, Jørgensen´s Dilemma, the Rhetor´s Dilemma, the theory of legal fictions and the categorization of contracts. The unifying problematic of these contributions concerns the conditional structures and, more particularly, the relationship between legal theory and legal reasoning in the context of conditions. The contributions in this
In: International Journal of Legal Information, 2015
SSRN
In: Cambridge law, medicine, and ethics 1
The result of two key social developments in recent years are examined here: the partial dismantling of the welfare state and the progress of genetics. Genetic insights are increasingly valuable for risk assessment, and insurers would like to use these insights to help determine premiums. Combined with the fact that social welfare is being curtailed, this could potentially create an uninsured high-risk population. Along with considerations of autonomy and privacy, this is the basis for an ethical critique of insurer's access to information. The result has often been regulation of such information; but the authors argues that due to adverse selection, regulation will not solve these problems, and this may jeopardize the survival of private personal insurance. Instead, we should look towards the resurrection of social insurance, a key component of the welfare state. This will interest academic researchers as well as professionals involved with genetics and insurance
In: Harvard international review, Band 9, S. 46-48
ISSN: 0739-1854
Under patent, trade secret, and copyright law. Calls for a new form of legal protection for the high-tech information industry.
In: International journal of law libraries: IJLL ; the official publication of the International Association of Law Libraries, Band 2, Heft 1, S. 34-45
ISSN: 2626-1316
In: Journal of legal pluralism and unofficial law: JLP, Band 50, Heft 3, S. 255-274
ISSN: 2305-9931
In: The Canadian yearbook of international law: Annuaire canadien de droit international, Band 6, S. 144-163
ISSN: 1925-0169
We consider that the isolation of Communist China from a large part of normal international relations is dangerous. We are prepared to accept the reality of the victory in mainland China in 1949…. We consider, however, that the effective political independence of Taiwan is a political reality too.—THE HONORABLE PAUL MARTINThe International Legal Status of Formosa has long been a subject of vigorous political and academic debate. Twenty-three years after the termination of the Second World War the matter remains completely unresolved; yet it is of fundamental importance. As one writer has stated, "The question of the international status of Taiwan has been the central issue of dispute between the People's Republic of China and a number of western states and has constituted the primary obstacle to the establishment of formal relations between mainland China and Canada." In the words of another scholar:The Formosa problem is perhaps the most important cause of the hostile relationship between the United States and Communist China. Its prolonged unsettlement creates a highly dangerous situation in the Far East. As a result, many international problems, such as Chinese recognition, the seating of Communist China and disarmament remain unsolved. Accordingly, an early settlement of the Formosan problem is necessary.