Suchergebnisse

The paper examines legal ignorance and its interpretation in Italian private law. Moving from a problematic and interdisciplinary approach, it analyses the legal sources which refer to 'ignorance of the law' (mainly, but not only in private law) under various circumstances and the interpretation given to this notion by different branches of the judiciary. Scope of the report is to provide both an overview of the theoretical foundations for allowing or denying justification on grounds of legal ignorance and to highlight the most problematic aspects deriving from its current applications in contemporary digital societies.

The source of law, the case-law of the European Court of Human Rights (hereinafter – the ECtHR), is playing an increasingly significant role in the practice of judicial proceedings in Ukraine. The activities of the ECtHR significantly affect the implementation of the principle of the rule of law in Ukraine in criminal proceedings. Therefore, the phenomenon of judicial precedent and the application of ECtHR practice in criminal law requires comprehensive analysis. The work aims to study the case law and practice of the ECHR in criminal law, problems of theory and practice of application of court precedents by national courts, and ways to solve them. The research methodology consists of such methods as historical and legal; comparative law; formal and logical; empirical; cognitive; method of analogy; synthesis method; method of analysis. The value of ECtHR decisions is that such decisions, more quickly than other criminal procedural means, make adjustments to the law enforcement process of public authorities, thus improving the mechanism of criminal procedural regulation to guarantee conventional and constitutional human rights. In addition, the recognition of the case law of the ECtHR as a source of law is necessary for the adaptation of national legislation of Ukraine to the legislation of the European Union. Although legal precedent is not officially recognized as a source of law in Ukraine, the decision of the ECtHR recognizing case law can be considered in Ukraine as a rule of law.

"[This book] discusses the relatively new field of information law which was induced by profound changes and progress in information technology in recent decades. The book contains some twenty representative texts of significant and at times seminal importance. Following the structure of the Anthology, each of these texts is introduced by a background note and followed by additional comments as well as biographical references and biographies of authors. A homogenous approach governing information law issues so far has not been developed. This is due to the fact that information law is a cross-sectional discipline, making it inevitable to apply an interdisciplinary approach (leading to the reprint of texts written by IT-experts in this volume). In addition, a phenomenological way of looking at issues is also necessary since information law has spillover effects on other normative areas such as data protection, contract/liability law, competition/intellectual property law and e-government issues. During the last ten years, information law has been increasingly overlapped by Internet law obviously having a broad scope and encompassing a wide variety of topics. The new technological developments still need to be embedded into a structural framework designed by the main information law themes. Such a normative framework should enshrine elements for an internationalization of policy considerations, elements for a multi-layer regulatory approach with multi-stakeholder participation, and elements for consensus on substantive guiding principles."--