The purpose of this paper is to address the question of whethercomputer source code is speech protected by the First Amendmentto the United States Constitution or whether it is merelyfunctional, a ``machine'', designed to fulfill a set task andtherefore bereft of protection. The answer to this question is acomplex one. Unlike all other forms of ``speech'' computer sourcecode holds a unique place in the law: it can be copyrighted, likea book and it can be patented like a machine or process.Case (...) law, intellectual property law and encryption exportregulations all reflect this contradictory dichotomy. (shrink)

The Codification of Islamic Criminal Law in the Sudan: Penal Codes and Supreme Court Case Law under Numayrī and al-Bashīr. By Olaf Köndgen. Studies in Islamic Law and Society, vol. 43. Leiden: Brill, 2018. Pp. xii + 480. $171, €149.

This paper analyses the role of a code of ethics for judges in connection to a contemporary definition of responsive ‘T-shaped’ judicial professionalism and the professional-ethical questions which can arise in judicial decision-making regarding politically and societally controversial issues. The paper’s case study focuses on climate-change related litigation in Dutch courts. First, a theoretical framework which conceptualises practical and ethical elements of T-shaped judicial professionalism as ‘virtuous judgecraft’, building on the work of Kritzer and Van Domselaar, addresses the knowledge, skills, (...) and ethical mindset that judges need for fulfilling their roles in relation to this notion of professionalism. Next, the paper analyses to what extent connections with guidelines of the Dutch Guide to Judicial Conduct (GJC), considered in light of the developed framework of virtuous judgecraft, can be recognised in the approaches of judges in the landmark Urgenda judgments. Based on this analysis, the paper presents conclusions regarding the value of the GJC for enhancing judicial performance and for explaining judgments, in particular those which involve complex societal issues, to parties and the general public. (shrink)

The International Court of Justice advisory opinion on the Legality of the Threat or Use of Nuclear Weapons in 1996 was a landmark case because, for the first time in history, the legal aspect of nuclear weapons was addressed. The decision has evoked controversies regarding the Court’s conclusion, the legal status of international humanitarian law in relation to nuclear weapons, and a newly introduced concept of state survival. While much legal scholarship discusses and criticizes the legal significance of the opinion, (...) there has not been enough scholarship examining the Court’s specific choice of words and concepts that sustain its wider ideological and political position in the opinion. The paper argues that the Court’s vague and controversial logic is attributed to its confrontation with two international orders/codes: the legal order and the political order. The paper engages in legal semiotics as methodology to decode legal text and discover a deep structure that sustains networks of codes, according to which text is interpreted. Through the semiotic examination of three sets of key concepts “permitted” and “prohibited,” “threat of use” and “possession of the weapon,” and “state survival,” the paper shows the ICJ’s confrontation with two orders/codes and eventual prioritization of the political order over the international legal order. The analysis of the opinion based on legal semiotics indicates an intimate and inseparable relationship between state practice and international law, which must be disentangled for the sake of the rule of law. (shrink)

While the focus on business ethics is increasing in business school curricula, there has been little systematic scholarly research on the forces which bring about ethical behavior. This article is intended as a first step toward that research by creating a catalogue of hypotheses concerning the efficacy of corporate codes of ethics. The hypotheses are drawn from studies of compliance with law and court decisions and theories of legitimacy, authority, public policy making and individual behavior. Hypotheses are proposed based (...) on the structure of the organization, the source of the code of ethics within the organization, the content of the code, sanctions for noncompliance, protections for refusal to engage in unethical behavior, and rewards for compliance. (shrink)

Identifying, classifying, and analyzing arguments in legal discourse has been a prominent area of research since the inception of the argument mining field. However, there has been a major discrepancy between the way natural language processing (NLP) researchers model and annotate arguments in court decisions and the way legal experts understand and analyze legal argumentation. While computational approaches typically simplify arguments into generic premises and claims, arguments in legal research usually exhibit a rich typology that is important for gaining insights (...) into the particular case and applications of law in general. We address this problem and make several substantial contributions to move the field forward. First, we design a new annotation scheme for legal arguments in proceedings of the European Court of Human Rights (ECHR) that is deeply rooted in the theory and practice of legal argumentation research. Second, we compile and annotate a large corpus of 373 court decisions (2.3M tokens and 15k annotated argument spans). Finally, we train an argument mining model that outperforms state-of-the-art models in the legal NLP domain and provide a thorough expert-based evaluation. All datasets and source codes are available under open lincenses athttps://github.com/trusthlt/mining-legal-arguments. (shrink)

The current environment of business and financial corruption in Spain has increased in recent years. In order to reduce the scope of this problem, the Spanish Criminal Code has introduced codes of conduct and ethics to encourage a new culture of respecting laws for companies and employees. An Educational Innovation Group at the University of Extremadura has proposed a cross-sectional model to study ethics, in an effort to address concerns about the consequences of illegal acts in society and companies. (...) Students in Business, Finance and Accounting are required to practice ethical decision-making through court judgments in order to develop “ethical competences”. These competences are included in the European Higher Education Area and the Official University Education in Spain, specifically in the Royal Decree 1393/2007, of 29 October through cross-sectional competences within the academic programmes. The results of the study show that a high percentage of students validate this methodology as a way of improving ethical decision-making skills at University that will be applied to future business practices. (shrink)

The Supreme Court of Idaho held, in Idaho Association of Chiropractic Physicians, Inc. v. Alcorn, No. 23787,1999 WL 134677, at *1, that insurance regulations of health care services must apply equally to all providers. The Idaho legislature enacted the Small Employer Health Insurance Availability Act, Idaho Code § 41-4701, and the Individual Health Insurance Availability Act, id. § 41-5201, which is to be implemented by the Idaho Small Employer and Individual Health Reinsurance Program. The goal of the legislation is to (...) make health insurance available and affordable to small employers and their employees, and to individuals who would not otherwise have health insurance. Accordingly, the Program promulgated the following rule: “Chiropractic services will be subject to one thousand dollars per year limit.” Idaho Ass’n of Chiropractic Physicians, 1999 WL 134677, at *1.The plaintiff, the Idaho Association of Chiropractic Physicians, sought declaratory judgment and injunctive relief against defendant, James M. Alcorn, director of the Idaho State Department of Insurance, on equal protection and due process grounds. (shrink)

The Supreme Court of California held, in Delaney v. Baker, 82 Cal. Rptr. 2d 610, that the heightened remedies available under the Elder Abuse Act, Cal. Welf. & Inst. Code, §§ 15657,15657.2, apply to health care providers who engage in reckless neglect of an elder adult. The court interpreted two sections of the Act: section 15657, which provides for enhanced remedies for reckless neglect; and section 15657.2, which limits recovery for actions based on “professional negligence.” The court held that reckless (...) neglect is distinct from professional negligence and therefore the restrictions on remedies against health care providers for professional negligence are inapplicable.Kay Delaney sued Meadowood, a skilled nursing facility, after a resident, her mother, died. Evidence at trial indicated that Rose Wallien, the decedent, was left lying in her own urine and feces for extended periods of time and had stage I11 and IV pressure sores on her ankles, feet, and buttocks at the time of her death. (shrink)

News photographers are increasingly involved in selling the news at anyone's expense, exploiting grief for a profit Camera crews are becoming increasingly brazen, entering not only the funeral home, but the casket as well, crashing through the walls of privacy that have traditionally and morally protected the right of all individuals to grieve in the privacy of their own emotions. Depictions of tragedy per se are contentious, but depictions of grieving survivors are even more so. A limited but increasing amount (...) of discussion of photographing grief is found in the professional literature, but media codes fail to make specific recommendations relative to the problem. This essay maintains that if corrective measures are not taken within the industry, courts may soon redefine the nature of privacy law, interpreting such photos of grief as violations of ordinary decencies. The problem should be addressed while it is still an ethical rather than a legal issue, according to the author. (shrink)

Author Benjamin Sells believes we are living in a lawless time. Although we are faced with rules and codes of conduct every day, the essence and soul has been stripped from the law. Order in the Court suggests ways to temper a system in which it seems that whoever has the most power and money wins rather than providing "liberty and justice for all." Far more than a book for or about lawyers, Sells's work focuses on issues and themes (...) that affect our culture and our everyday lives. These include: personal issues that affect lawyers, as well as many other types of professional workers, such as depression and isolation; psychological problems that affect daily professional practice; and broad, cultural issues such as communication, workaholism and the value of community. (shrink)

Judges in multiple US states, such as New York, Pennsylvania, Wisconsin, California, and Florida, receive a prediction of defendants’ recidivism risk, generated by the COMPAS algorithm. If judges act on these predictions, they implicitly delegate normative decisions to proprietary software, even beyond the previously documented race and age biases. Using the ProPublica dataset, we demonstrate that COMPAS predictions favor jailing over release. COMPAS is biased against defendants. We show that this bias can largely be removed. Our proposed correction increases overall (...) accuracy, and attenuates anti-black and anti-young bias. However, it also slightly increases the risk that defendants are released who commit a new crime before tried. We argue that this normative decision should not be buried in the code. The tradeoff between the interests of innocent defendants and of future victims should not only be made transparent. The algorithm should be changed such that the legislator and the courts do make this choice. (shrink)

Court judgments contain valuable information on how statutory laws and past court precedents are interpreted and how the interdependence structure among them evolves in the courtroom. Data-mining the evolving structure of such customs and norms that reflect myriad social values from a large-scale court judgment corpus is an essential task from both the academic and industrial perspectives. In this paper, using data from approximately 110,000 court judgments from Japan spanning the period 1998–2018 from the district to the supreme court level, (...) we propose two tasks that grasp such a structure from court judgments and highlight the strengths and weaknesses of major machine learning models. One is a prediction task based on masked language modeling that connects textual information to legal codes and past court precedents. Another is a dynamic link prediction task where we predict the hidden interdependence structure in the law. We make quantitative and qualitative comparisons among major machine learning models to obtain insights for future developments. (shrink)

What does the unofficial artist see from the public seats of a courtroom? I have drawn occasionally in the UK Supreme Court, with the court’s permission. I have also drawn proceedings in other courts, such as nude appearances of the Naked Rambler, but these sketches have to be from memory: despite calls for greater transparency, it is still illegal to draw in any UK court below the UK Supreme Court. Official court artists seek to draw a newsworthy moment to please (...) their paymasters—news outlets, or lawyers who like a flattering image. I can please myself and pick out private human moments or elements of coded theatre. I write as a non-lawyer, representing the view of the lay person. What are the public, lawyers, parties and judges doing? How do performance nerves affect people? What can a drawing say? I take a practical rather than a theoretical look: I literally get my hands dirty. (shrink)

Les Lais de Marie de France présentent un jeu subtil entre l’impossibilité de décrire l’acte charnel et l’utilisation d’un langage travaillé qui y fait allusion suivant les codes de la courtoisie. S’allonger l’un près de l’autre dans un lit, rire, jouer et parler, le pinceau de Marie de France n’ira pas plus loin. Mais l’intensité du désir sexuel sera dénotée par d’autres éléments symboliques appartenant au monde naturel (arbres, plantes, oiseaux). Les amants, captifs d’amours interdites et abandonnés à leurs (...) plaisirs sensuels, risquent parfois la mort mais, dans une dialectique entre l’amour et la mort, leurs lits funéraires, posés l’un à côté de l’autre, rétablissent mythiquement l’amour par la promesse d’une fusion éternelle. (shrink)

The jurists of classical Islamic Law defined the interior forum as a limit to the religious validity of the sentences of Muslim judges , because these have neither access to God's knowledge nor to the individual believer’s conscience and motivations. They can base their decisions solely on exterior appearances and can, therefore, neither be sure that their judgments correspond to the facts nor to the intentions and memories of the individuals concerned. This holds especially true for questions of belief and (...) unbelief. From the eighth to the nineteenth century, the norms of Islamic law were the result of learned debates among independent jurists and their schools of law. In the nineteenth and twentieth centuries, it was integrated into the codes enacted by the competent institutions of the national states and lost its normative authority in most spheres of the modern state law. It remained dominant only in personal statute law, i.e. the rules concerning marriage and divorce, family and succession. From the early seventies of the twentieth century, opposition against the neglect of religious norms in modern state law was centered on the demand for the “codification of Islamic law” . Its leaders were jurists trained in modern law faculties, who wanted to insert the norms of classical Islamic Law into the codes of the national state with which they are familiar. The ethical debates of classical Islamic law, obviously, did not lend themselves easily to such an approach.The jurists movement for the codification of Islamic law gained in momentum during the eighties when, in a number of states, it succeeded in assuring for the classical apostasy rules a place in the modern criminal codes. In other states, such as Egypt, the highest courts opened the way for apostasy trials. The analysis of one apostasy judgment of the highest Egyptian court shows that the court understands belief and apostasy as objective facts that can be separated from the person who professes or denies them. It is on this question that my lecture focuses. The court effectively claims the role of the highest instance in questions of belief and unbelief. Belief and apostasy thus become depersonalized objective facts without any relation to the intentions of the individuals concerned. The court’s sentence does not refer to the believer’s own interior forum : the concept seems to be irrelevant to the judges. Their definition of apostasy serves to control the ideas that can legitimately be discussed in the public sphere. It denies bold reinterpretations of Islam, but also a number of political persuasions and theories, the right of access to the public space and assigns them the private sphere as their legitimate abode. A new concept of private and public is thus developed in the detailed reasoning by which the court justifies its judgment.There is, to my understanding, nothing in the religion of Islam that renders such a stance necessary. Other courts, in Egypt, develop other ideas of the principles of Islamic normativity and in other Arab states go so far as to develop a concept of privacy that would forbid the debates discussed in this lecture. It seems important to underline that the use of classical elements in the court’s judgment does not conceal the fact that the ethical criteria of classical Muslim law find little place in this jurisdiction that represents a special version of modern legal positivism. (shrink)

Linguistic equity through an interpreter is not merely a fundamental human right but also an integral part of procedural justice. As codified in the professional code of conduct, interpreters should faithfully interpret everything that has been said in the exact same manner as the original speakers. Much has been researched about the content. Little has been known about the interpretations of the manner. Drawing on one hundred questionnaire responses, this article examines the interpreters’ awareness of the manner of speech in (...) Australian virtual courts and remote interpreting settings. The results suggest a general lack of understanding of the manner of speech, as reflected by interpreters’ inadequate knowledge of definitions and specific types of manner-related features. Furthermore, the insufficient understanding of the manner of speech impacts the interpreters’ perceptions of the manner of speech in the original utterances, and their views of the faithful reproduction of the se feature in courtroom discursive practices. The qualitative and quantitative analyses of written responses provided by professional interpreters provide insights into the practical aspects of reproducing the manner of speech in court. (shrink)

The Aceh Jinayat Qanun, which is often considered violating Human Rights, has become the choice of the non-Muslim minorities as their rational choice. This study aims to analyze non-Muslims’ choice of The Aceh Jinayat Qanun implemented by the Sharia Court in Aceh and its underlying motives. This study relies on field research involving observations, in-depth interviews with Sharia Court judges, Head of the Islamic Sharia Service, Acehnese clerical figures, and Non-Muslims involved in criminal cases handled by the Sharia Courts. This (...) study also analyzes Sharia Court decisions on criminal cases involving non-Muslims and various related documents issued by the Sharia Courts, police, and prosecutors. The study was undertaken between July 2017 and March 2020. The study shows that the Acehnese non-Muslims do not select The Aceh Jinayat Qanun because of its religious values but based on practicality, efficiency, and socio-cultural consideration. The Sharia-based sentences, which have often been conceived as inhuman and violate fundamental human rights, are chosen and become the rational choice for non-Muslims in solving their legal issues. This paper concludes that the implementation of the Sharia on non-Muslim has not always been negative. This paper demonstrates non-Muslims’ interest to choose Sharia-based criminal justice or The Aceh Jinayat Qanun over the Criminal Code. This can be seen as their rational choice over a more efficient, low-cost, effective, and fast legal process offered by The Aceh Jinayat Qanun sentencing system. (shrink)

A reiteration of the main details of the case may be helpful. Euphiletus killed Eratosthenes and was prosecuted for premeditated homicide by Eratosthenes' relatives. The present speech, our sole source of information concerning the case, was written for the defendant, partially or totally, by a professional speechwriter, presumably Lysias. In this speech Euphiletus admits killing Eratosthenes. He pleads, however, that, since he killed Eratosthenes after catching him in the act of adultery with his own wife, this was a case of (...) justified homicide. At the same time, he denies a charge of the prosecution that he had killed Eratosthenes for reasons unrelated to the adultery. The speech was delivered before a court of fifty-one judges especially set up to judge such cases, as is attested elsewhere:T1Arist. Ath. Pol. 57.3: ‘If…a person admits that he has killed someone but claims that he had a right to do so, as, for instance, when he has surprised an adulterer in the act,… then the trial takes place in the Delphinion’. (shrink)

On 21 June 2011 the Parliament of the Republic of Lithuania adopted extensive and important amendments of the Code of Civil Procedure of the Republic of Lithuania. Most of them came into force on 1 October 2011.One of the important tasks that have been mentioned for the preparation of amendments was to ensure the implementation of the Constitutional Court’s doctrine of matters of civil procedure. This article analyses one of the changed aspect - the system of defence of public interest. (...) The doctrine of concept of public interest was formed by the resolutions of the Lithuanian Constitutional Court adopted on 16 January and 21 September 2006. That concept was quite confusing and could be interpreted widely as well as narrowly (such as protection of special key values in the Constitution). This paper analyses the manner in which the doctrine of the Constitutional Court has been implemented in the law of civil procedure. In addition, the article analyzes the history of the amendments in the Code of Civil Procedure relating to the protection of public interest. The author presents a situation proposed to the Working Group that prepared the draft amendments to the Code of Civil Procedure, and compares the proposals with the effective version of the Code of Civil Procedure. The same article analyses the way that the effective version of the Code of Civil Procedure forces to the protection of the public interest doctrine of the Constitutional Court. The author concludes that the current system is conducive to abuses when the state can envisage the existence of public interest in every dispute and intervene in its investigation. In addition, the court is transformed into an entity liable to defend public interest, while it should be an independent and impartial entity to administer justice. Let us hope that in judicial practice the concept of public interest will be interpreted very narrowly and the Code of Civil Procedure provides the right to collect evidence or apply interim protection measures and etc. will be seen as a political mistake and generally will not be applied (except when it comes to non dispositive cases). (shrink)

Over the last two decades, Dutch courts have left room for euthanasia. Although a crime under the Penal Code, euthanasia will usually not result in prosecution and conviction if it is committed by a physician according to rules of careful medical practice ; if the patient's request is voluntary, well-considered, and enduring; and if there is unacceptable and hopeless suffering and there are no other solutions to the patient's situation.

The paper presents findings gathered in an exploratory, descriptive, corpus-based analysis of a parallel corpus composed of English corporate documents and their translations into Polish with regard to the frequency-related, binary strategy distribution pattern. In general, the author posits a distinctiveness of interlingual communication in the domain of law, as delineated by the institutional and disciplinary framework. The material extracted from the corpus and studied for its generic features points to the hermetic character of corporate written communication in English. The (...) thesis to be verified is whether there are any tendencies in the distribution of the translation strategies in the corpus texts. The research question was operationalised via coding the corpus extracts according to the binary strategy division scheme. Further, the data have been discussed in reference to the sociocultural background of the communicative situation covered under the analysis in order to account for the translators’ motivation. (shrink)

This article deals with the ordering of interim measures in the arbitration process. Under the Lithuanian law, only one interim measure can be applied by commercial arbitration courts. It involves granting an order to pay the established amount as a deposit. This measure cannot be enforced unless the party acts in good faith and agrees to pay the deposit. However, if a party ignores the decision of the arbitration court, a third party court may apply to the state court with (...) a request to order interim measures provided for in the Lithuanian Code of Civil Procedure. Under the existing Lithuanian legislation, state courts have the exclusive right to order enforceable interim measures. The present situation is not satisfactory and should be changed. The legislator is now considering a new draft law on the Lithuanian commercial arbitration. The draft law provides for changes in ordering interim measures. The proposed regulation is in compliance with the goals of Article 17 of UNICITRAL Model Law on Commercial Arbitration. However, compliance with the rules of UNCITRAL is not the main goal of the proposed regulation. With the new regulation, the legislator aims for more efficient commercial arbitration with more extensive scope that will allow the commercial arbitration court to order interim measures independently. By allowing the commercial arbitration court to order interim measures independently, the legislator extends credibility of arbitration and makes it more inviting for the parties. Under the draft law on the Lithuanian commercial arbitration, state courts and commercial arbitration courts as discretionary institutions shall be entitled to order interim measures. On the other hand, a decision or a ruling of the commercial arbitration court shall be enforced if an execution order is issued by the state court. In this case, the state court shall be entitled to review whether the content of the decision or ruling of the commercial arbitration court complies with the imperative rules of law or public order. According to the proposed draft law on the Lithuanian commercial arbitration, both state and commercial arbitration courts shall have an independent right of discretion to order interim measures. However, some differences exist. In cases heard by commercial arbitration courts interim measures shall be ordered, whereas state courts acting under applications for interim measures filed by the parties or commercial arbitration courts, irrespective of the location of the arbitration process, shall be entitled to order interim measures. (shrink)

The determination of death by neurological criteria remains controversial scientifically, culturally, and legally, worldwide. In the United Kingdom, although the determination of death by neurological criteria is not legally codified, the Code of Practice of the Academy of Medical Royal Colleges is customarily used for neurological death determination and treatment withdrawal. Unlike some states in the US, however, there are no provisions under the law requiring accommodation of and respect for residents' religious rights and commitments when secular conceptions of death (...) based on medical codes and practices conflict with a traditional concept well-grounded in religious and cultural values and practices. In this article, we analyse the medical, ethical, and legal issues that were generated by the recent judgement of the High Court of England and Wales in Re: A [2015] EWHC 443. Mechanical ventilation was withdrawn in this case despite parental religious objection to a determination of death based on the code of practice. We outline contemporary evidence that has refuted the reliability of tests of brainstem function to ascertain the two conjunctive clinical criteria for the determination of death that are stipulated in the code of practice: irreversible loss of capacity for consciousness and somatic integration of bodily biological functions. We argue that: the tests of brainstem function were not properly undertaken in this case; the two conjunctive clinical criteria set forth in the code of practice cannot be reliably confirmed by these tests in any event; and absent authentication of the clinical criteria of death, the code of practice wrongly invokes a secular definition of death based on the loss of personhood. Consequently, the moral obligation of a pluralistic society to honor and respect diverse religious convictions to the greatest extent possible is being violated. Re A is contrasted with the US case of Jahi McMath in which the court accommodated parental religious objection to the determination of neurological death codified in the Uniform Determination of Death Act. We conclude that the legal system in the United Kingdom should not favour a secular definition of death over a definition of death that is respectful of religious values about the inviolability and sanctity of life. We recommend the legal recognition of religious accommodation in death determination to facilitate cultural sensitivity and compassionate care to patients and families in a pluralistic society. (shrink)

In 2017, Italy passed a law that provides for a systematic discipline on informed consent, advance directives, and advance care planning. It ranges from decisions contextual to clinical necessity through the tool of consent/refusal to decisions anticipating future events through the tools of shared care planning and advance directives. Nothing is said in the law regarding the issue of physician assisted suicide. Following the DJ Fabo case, the Italian Constitutional Court declared the constitutional illegitimacy of article 580 of the criminal (...) code in the part in which it does not exclude the punishment of those who facilitate the suicide when the decision has been freely and autonomously made by a person kept alive by life-support treatments and suffering from an irreversible pathology, the source of physical or psychological suffering that he/she considers intolerable, but fully capable of making free and conscious decisions. Such conditions and methods of execution must be verified by a public structure of the national health service, after consulting the territorially competent ethics committee. This statement admits, within strict and regulated bounds, physician assisted suicide, so widening the range of end-of-life decisions for Italian patients. Future application and critical topics will be called into question by the Italian legislator. (shrink)

With reference to the Dutch model, which has been adopted by the Lithuanian Civil Code, the possibility to renounce Investigation Proceedings in the Articles of Incorporation or shareholder agreements is analysed in this article. The mandatory nature of the Investigation Proceedings is derived from the provisions of the Code, mainly: from an active role of the court, typical to the cases with the element of public interest, from specific rules for protecting the public interest in the course of the Investigation (...) Proceedings, also taking into account statutory duties of managers, the scope of which may not be narrowed by SHA, and the fact, that the Investigation Proceedings is generally designated to be an instrument to safeguard the interests of minority shareholders against the abuse of their rights by the company, and, finally, acknowledging the extraordinary nature of remedies available in the Investigation Proceedings. (shrink)

Self-regulation exists at the firm-level, the industry-level, and the business-level of economic organization. Industry self-regulation has faced economic (free rider) and legal (antitrust) impediments to widespread implementation, although there exist examples of effective industry self-regulation, e.g., securities industry and the SEC, advertising and the FTC. By instituting industry codes of conduct, national trade associations have shown to be natural vehicles for self-regulation. While there has been long-standing general encouragement for establishing industry codes, adopting and enforcing conduct codes (...) has been seriously circumscribed by restrictive Supreme Court decisions and FTC advisory opinions. One approach to clearing legal confusion is to petition the FTC to issue an industry guide on promulgating and enforcing trade association codes of conduct. Another strategy is to utilize a stakeholder approach to association ethics committee appointments that subsequently influence code creation and enforcement. Finally, a new concept of an industry code of conduct will consist of three subcodes: an economic code; an environmental code; and a socio-political code. Combined, these strategic approaches will offer new opportunities for effective nonmarket regulation. (shrink)

Generative Artificial Intelligence (AI) tools produce hallucinations exposing developers and users to a myriad of liabilities in courts. Given the absence of strict laws and regulations structuring how Generative AI content interact with potential allegations of defamation, libel, and slander, judges and attorneys are left with the semiotics of the fragmented articles and rules in each system attempting to settle such cases. The endless interpretations of written and non-verbal signs in the law across the world constitutes a new realm for (...) legal semiotics in the area of Generative AI and defamation. The present analysis examines existing civil liability articles in the Jordanian code to shed light on the litigation and defenses afforded in the defamation realm with respect to Generative AI content. The key finding is that like other countries, civil codes in Jordan are outdated concerning Generative AI content opening a plethora of liability scenarios in libel or slander cases. More importantly, the exercise of semiotic interpretation generates several defenses salvaging users and developers under strict sets of conditions. In sum, new amendments and updated legislative frameworks are needed to protect the healthy development of Generative AI while preserving citizens from damaging defamation, libel, and slander. (shrink)

Jusqu’au début du XXe siècle, la langue utilisée en diplomatie tire ses racines de la langue de cour, plus particulièrement celle de Louis XIV, ce qui explique la place du français comme langue diplomatique. Cet article propose une mise en perspective historique et anthropologique des formes d’expression du diplomate et montre pourquoi le langage diplomatique est à la fois formel et nécessaire, caractéristiques le rapprochant de celles de la langue de bois. Les notions d’ambiguïté, de contexte, d’émotions et de valeurs (...) sont abordées. Enfin, la langue de la diplomatie a une dimension à la fois interne et externe . Ce travail est alimenté par des entretiens et par notre expérience de formateur de diplomates au ministère des Affaires étrangères.Up to the early 20th century, the language used by diplomats was rooted in the language of the court, especially the court of Louis XIV, which is why French became the language of diplomacy. This article offers a historical and anthropological perspective on forms of diplomatic expression and shows why the language of diplomacy is altogether formal and necessary, characteristics that liken it to the « wooden language » of bureaucracy. We look into the ideas of ambiguity, context, emotions and values. Finally, the language of diplomacy has both an internal dimension and an external dimension . Our study is backed up by interviews and our experience in training diplomats within the French Ministry of Foreign Affairs. (shrink)

The constitutional right to self-expression, used by societies professing democratic values (Constitution, Article 25), is a highly important feature for forming the political will of the citizenry. A broad, multi-sided public discussion on all issues of public interest is only possible with the existence of an appropriate amount of freedom of information. A strong mechanism for disseminating information that operates between citizens and the parliament is able to generate a sphere for discussion and mutual influence which are essential for indirect (...) democracy. A discussion’s depth, quality and comprehensiveness constitute important factors which determine the correctness of choices made by citizens and politicians. Mainly, it is the free press which fosters communication between political parties and citizens. The role of the “watchdog” is fundamental to revealing the circumstances under which politicians or other public persons make different political and administrative decisions. This is what permits the identification of motives for rulings and the circumstances under which they were approved. (shrink)

Le Livre du Chevalier de la Tour Landry pour ses filles et Le Ménagier de Paris, textes didactiques écrits au quatorzième siècle, enseignent aux jeunes filles et aux épouses les normes du comportement sexuel qu’elles doivent adopter en puisant dans les écrits courtois et religieux. Cependant, les formes socialement acceptables du désir divergent pour les hommes et les femmes. Tandis que le désir masculin est associé à la vie et la continuité, le désir féminin demeure placé sous les auspices de (...) la mort et de la perte. Cette partition est révélatrice des présupposés idéologiques de ces auteurs masculins, dont le lectorat n’était pas limité au seul public féminin. (shrink)

In a widely publicized lecture in 2008, the Archbishop of Canterbury, Rowan Williams, expressed his concern that the conception of law and democratic citizenship prevailing in England may lead to ghettoization. The problem, in his view, is that the bulk of the convictions and commitments that define a given citizen’s identity are seen as a matter of individual choice and relegated to the private realm. In diagnosing this problem, Williams tacitly distances himself from a privatizing view of democratic politics. In (...) response to the problem, he calls for consideration of the possibility of supplementary jurisdictions, whereby certain legal functions would be delegated to the religious courts of a community. The article is broadly supportive of Williams’ concern to avoid privatization and his emphasis on the importance of openness to learning from other legal codes. However, it finds no convincing case for legally recognizing plural jurisdictions. It concludes that this aim is better served by Seyla Benhabib’s proposal for vibrant, ongoing exchanges between different legal codes, and between such codes and political and cultural beliefs, traditions and practices. (shrink)

This essay offers a case study in jus in bello in the American Revolutionary War by focusing on responses to sexual violence committed against American women by soldiers in the occupying British army and their Loyalist auxiliaries. Two main bodies of sources are juxtaposed in order to explore the contexts and manner in which jus in bello was adjudicated: British courts-martial and American Congressional investigations documenting British and Loyalist breaches of the codes of war. By putting the fragmentary evidence (...) of instances of rape in the context of contemporary legal and sociocultural practices of sexual violence in peacetime, as well as of the British army's disciplinary regime, we can elucidate the horizon of experiences and expectations against which survivors, assailants and prosecutors acted. The British army disciplined some soldiers for sexual offenses that violated military law and the codes of war, and it executed a few of them at a time when even their home society featured very low prosecu.. (shrink)

The Mental Incapacity Bill not only paves the way for euthanasia, but invites wholesale abuse and homicide, writes Jacqueline Laing. On 19 October 2004, when the Mental Capacity Bill was at its crucial committee stage, the Law Society issued a statement of ‘strong support’, claiming that it empowers patients and in no way introduces euthanasia. Laing argues that the Bill threatens the incapacitated by granting a raft of new third parties power to require that health professionals withhold ‘treatment’, which, after (...) the controversial decision in Airedale NHS Trust v Bland [1993] AC 789, includes food and fluids delivered both by tube and, in certain cases, by spoon. The Bill further endangers the vulnerable, first, by allowing non-therapeutic research on the non-consenting mentally incapacitated, in breach of the Nuremberg Code and First Declaration of Helsinki, and secondly, by permitting new agents power to undertake on people with learning disabilities certain questionable procedures currently authorised by the High Court, such as non-voluntary sterilisation. (shrink)

According to statistics, men in Russia and most countries of the world are significantly more likely to cause road accidents than women. Understanding the reasons for these differences may be important for developing measures to reduce the number of road accidents. In the literature on Russia, the issue of the causes of this gender gap remains understudied. We analyse the magnitude of the gap in the odds of committing a serious crash by drivers of different genders and discuss possible reasons (...) for these differences. For this, we use a dataset of 158,000 published court decisions under Article 264 of the Russian Criminal Code for the period from 2010 to 2022. We show that 91.7% of all cases involve male drivers. But even after accounting for differences in the number of drivers of different genders and the number of kilometers they drive on average, men are 3.25 times more likely to commit crashes resulting in criminal prosecutions. One reason for these differences is driving safety. Men are also more likely to commit aggravated road accidents. In almost a quarter of cases, male drivers were driving drunk, while for women the figure is only 10 percent. Judges in turn are more likely to give men a serious sentence if it is a non-fatal offence; in more serious cases, the gender of the driver is less important. We also found a very strong variation in the odds of causing a serious road accident for men and women between Russian regions, suggesting the influence of cultural and socio-economic differences. (shrink)

The Model Penal Code’s ‘De Minimis’ provisions (§ 2.12) cover different kinds of case in which, for reasons of equity, a prosecution should be dismissed. An exploration of these different cases illuminates some general issues about the structure of the criminal process, and about the processes of criminalization. These include the significance of the difference between dismissing a case and acquitting the defendant, and of the distinction between offences and defences; whether criminal offences should always be so defined that they (...) specify at least a pro tanto wrong, or may sometimes legitimately specify only a prima facie wrong – and whether this is consistent with the presumption of innocence; what kinds of conduct we can properly be expected to answer for in a criminal court; and the proper division of responsibilities between legislatures, prosecutors and courts in determining what kinds of conduct are to be defined and treated as criminal wrongs. (shrink)

Ethical codes help guide the methods of research that involves samples gathered from ?at-risk? populations. The current article reviews general as well as specific ethical principles related to gathering informed consent from partner violent offenders mandated to outpatient treatment, a group that may be at increased risk of unintentional coercion in behavioral sciences research due to court mandates that require outpatient treatment without the ethical protections imbued upon prison populations. Recommendations are advanced to improve the process of informed consent (...) within this special population and data supporting the utility of the recommendations in a sample 70 partner violent offenders are provided. Data demonstrate that participants were capable of comprehending all essential elements of consent. (shrink)

In Athenian popular courts plaintiffs and defendants normally do not confine themselves to factual and legal arguments but make emotional appeals as well. In order to do so they often use ‘anger’ as an argument. They do not only intend to motivate the jurors to identify themselves with their own emotional state but also want to communicate that the case is relevant for the community as well, so that the court has to punish in the interest of the polis. The (...) latter is important especially in public trials. Showing their ‘anger’ and punishing according to the laws are often used synonymously. In this context the plaintiffs and the jurors do not just operate within an archaic code of behavior but strongly refer to the political sphere. (shrink)

Le droit court derrière la "révolution numérique". Les algorithmes nous espionnent et restreignent les libertés publiques, ils calculent les indemnités au service des compagnies d'assurance. La diminution lente et continue des services chargés de veiller à l'application du droit affaiblit et parfois anéantit l'efficacité de ces lois. L'échec de la loi Hadopi est significatif à cet égard. Le mal est en fait bien plus profond et ne date pas d'hier. Nous vivons une époque de démolition des codes établis. Si (...) le droit est partout, en définitive il n'est nulle part... (shrink)

Contemporary national codes of ethics hinge more on fantasy than fact: the idea that journalists control what becomes news. While journalists' influence over news has grown during much of the 20th century to the point where courts have begun to define them as professionals, it has never surpassed the influence of owners. New evidence indicates authority has eroded as media firms seek to maximize return to investors. As journalists' autonomy recedes, national ethics codes become less relevant to practitioners (...) and more publicly deceptive. The codes also are unethical themselves as journalists become decision takers rather than decision makers. Moral responsibility and real world authority diverge. It2 time to end the charade by creating new codes that include the decision makers outside the news room. (shrink)

Suppose you are at the gym trying to see some naked beauties by peeping through a hole in the wall. A policeman happens by, he asks you what you are doing, and you honestly tell him. He then arrests you for voyeurism. Are you guilty? We don’t know yet because there is one more fact to be considered: while you honestly thought that a locker room was on the other side of the wall, it was actually a squash court. Are (...) you guilty now? -/- Probably. You might argue that your scopophiliac ambition was impossible to satisfy given that you were peeping into a squash court, not a locker room. But this “Impossibility Defense” would fail because most jurisdictions follow the very influential Model Penal Code (MPC), which says that what is important about attempt is not the likelihood of success but rather what was going on in your head. You tried to peer into a locker room with the intention of seeing some nudity; that is enough for culpability. The fact that you were mistaken about the location does not exonerate you. -/- But now suppose that the particular jurisdiction you are in does not criminalize voyeurism. While most people think that voyeurism is just plain wrong, if not disgusting, the legislature just never got around to drafting a statute against it. Are you guilty now? The answer is no. But you might just be out of luck and convicted anyway. -/- The reason for this strange conclusion is that most jurisdictions have followed the Model Penal Code in yet another respect: along with the MPC’s “subjectivist” emphasis on what is in your head, they have followed the MPC’s lead in abolishing the Impossibility Defense entirely. As a result, people who believe that they are breaking laws when they really are not may still be subject to arrest, prosecution, and conviction respectively by police, prosecutors, and judges/juries merely if all three parties regard your conduct — especially your trying to violate a law that you mistakenly believed in — as morally reprehensible. The best, if not only, defense against this charge is the Impossibility Defense, but — again — most jurisdictions have decided to make this defense unavailable to defendants. -/- Depriving eligible defendants of the Impossibility Defense is unjust. It violates one of the most basic principles of criminal justice: the legality principle. The legality principle says that there cannot be just punishment without a crime, and there should not be a crime without an explicit law designating it as such. So you cannot be charged with, and convicted of, attempted voyeurism if voyeurism, reprehensible as it may be, was not explicitly prohibited at the time that you made the attempt. -/- If we believe in the legality principle, then we must restore the Impossibility Defense. Without the latter, too many defendants are being — and will continue to be — punished for attempts to perform acts that were not themselves illegal but which various parties in the criminal justice system (except the legislature) thought should be illegal based on their extralegal, moral prejudices. -/- In addition to the MPC, the principal obstacle to resurrecting the Impossibility Defense is a good deal of conceptual confusion that permeates relevant cases and scholarship. Too many courts and academics have conflated “factual impossibility” with “legal impossibility” and have fallaciously inferred “hybrid impossibility” from “hybrid mistakes” (that is, legal mistakes that derive from factual mistakes). One of the principal goals of this Article, then, is to clear up all of this confusion. I will explicate in the simplest possible terms (a) the difference between factual impossibility and legal impossibility, (b) why only legal impossibility qualifies as exculpatory, and (c) why hybrid impossibility simply does not exist. (shrink)

This article analyses one of the variations of classic mediation,64 which is mandatory mediation. In foreign countries mandatory mediation is often used as a tool to encourage the use of mediation and to popularize this method of alternative civil dispute resolution. Started in 2005, mediation faces difficulties in Lithuania. Thus, making mediation mandatory at least in certain categories of disputes could give new impetus to the development of mediation in Lithuania. Therefore, the article deals with the concept of mandatory mediation, (...) analyses experience of foreign countries in the field of mandatory mediation, deals with practical problems while implementing mandatory mediation and presents a review of arguments for and against mandatory mediation. On the basis of a study performed, the author of the article submits proposals for the introduction of mandatory mediation in the Lithuanian legal system. In this article mandatory mediation is defined as a form of mediation where the parties are directed to use mediation by judge or by law. Mandatory mediation can also be imposed on the parties by procedural and economic sanctions against parties for the unjustified refusal to use mediation. In all cases, the main condition for the application of mandatory mediation is the right of the parties to the dispute to go to court. Under this condition, mandatory mediation for its expected social and economic benefits is not considered to be an obstacle to access justice. The practice of foreign countries that implemented mandatory mediation shows that drastic imposition of mandatory mediation naturally induces rejection. Thus, consistent, systematic, based on the results of the interim analysis of the gradual introduction of mandatory mediation, starting with certain categories of disputes particularly susceptible to the effects of mediation is necessary. The author of the article proposes to promote mediation in Lithuania by introducing mandatory mediation for at least certain categories of disputes. The introduction of mandatory mediation in Lithuania could be started from the family disputes including interests of children. At a later stage it is possible to decide on the feasibility of application of the mandatory mediation for other categories of disputes, as well (e.g., labour, small sum property disputes, disputes between relatives and neighbours, etc.). In order to encourage not only the parties to use mediation, but also judges to direct parties to mediation, it would be appropriate to introduce mandatory mediation by the law (the Civil Procedure Code of the Republic of Lithuania) that would have an exemption provision to allow a party to petition the court for good cause to be exempt from the referral to mediation. (shrink)

The aim of the article is to answer the question if accession can be maintained as a separate and independent mode of acquisition and loss of ownership in the Lithuanian civil law. Although this mode takes its beginning in the Roman law and is well-known in other European jurisdictions, the situation in Lithuania is less clear because the accession is almost totally absent from the legal texts of the Lithuanian positive civil law, court decisions and legal doctrine as well. Thus, (...) a legal analysis confined to the linguistic analysis of law would come to the conclusion that Lithuanian law functions without the accession. Nevertheless, a deeper analysis of the Lithuanian Civil Code and case law reveals a different view. To respond to the posed question, the article analyses the functions and the concept of accession as one of the aspects of a broader property law principle, namely, of unity. The essence of the latter is that one thing presupposes one right of ownership and it is inconceivable to hold several full ownerships into the same thing. In this respect, accession plays an important role protecting the legal interests of the third parties. Also, the application of accession in other continental European countries and the solutions proposed by the Draft Common Frame of Reference is analysed. Further, the analysis turns to the Lithuanian positive law and case law. In spite of the lack of express reference to the accession rule, careful analysis shows that, in fact, the accession rule is established in the Lithuanian Civil Code, albeit it could be found in various forms and in several different units of the Civil Code. Also, Lithuanian courts routinely apply the rules on accession in practice. Even more, the analysis shows that the Lithuanian Civil Code is not devoid of the rules of accession, but, on the opposite, this legal institute is over-regulated and, in part, incoherent. This quality can be explained as a consequence of an imprecise legal drafting. The final conclusion is drawn that accession is a separate and fully working legal institute of Lithuanian civil law, although to reach its coherent application a certain interpretative position should be adopted. (shrink)

In this article I contrast in two ways those conceptions of semantic theory deriving from Richard Montague's Intensional Logic (IL) and later developments with conceptions that stick pretty closely to a far weaker semantic apparatus for human first languages. IL is a higher-order language incorporating the simple theory of types. As such, it endows predicates with a reference. Its intensional features yield a conception of propositional identity (namely necessary equivalence) that has seemed to many to be too coarse to be (...) acceptable. In the most usual expositions, it takes the object of linguistic explication to be the sentence in a context, as in Kaplan, 1977. This last has led to recent speculations about 'shifted' contexts. IL may be contrasted with a more linguistically (representationally) bound conception of propositions and interpretation of their predicational and functional parts, and with the explication, not of sentences in contexts, but of potential utterances, relative to the antecedent referential intentions of their speakers. We may then advance, as an empirical hypothesis about all human languages, that contexts never shift, and propose that apparent counterexamples stem from the misconstrual of linguistically coded anaphoric relations, relations that are wanted independently anyway. Donald Davidson's posthumous volume Truth and Predication mounts a sustained criticism of the notion of predicate reference. This criticism is not decisive. However, it may put the ball in the other court, insofar as it asks for a justification of what IL takes as given. Elaborations of IL using structured propositions, recently defended in King, 2007, recognize the problem of predicate reference, and the correlative issue of the 'unity of the proposition'; but I do not see that they can do better than bite the bullet already bitten in IL. I agree with Frege's insight that full justification of predicate reference pushes the boundaries of natural language, and to that extent may not be found within the semantic (as opposed to general scientific) enterprise. (shrink)

The Labour Code of the Republic of Lithuania was enacted on 4 June 2002. However, the practice of ten years has shown that even the systematisation of this branch of law by means of codification could not help avoiding gaps in labour law. The Lithuanian labour law system balances on the brink of flexibility, liberalisation and stability. The purpose of this article is to examine the legal side of this problem and to evaluate the quality of legal regulation of labour (...) relations, also to propose instruments and means to improve them. The main aim of the article is to show the difference between gaps in labour law and some similar (contiguous) legal phenomena that will also be discussed in the article. (shrink)

The essays which Bentham collected together for publication in 1830 under the title of Official Aptitude Maximized; Expense Minimized, written at various times between 1810 and 1830, deal with the means of achieving efficient and economical government. In considering a wide range of themes in the fields of constitutional law, public finance, and legal reform, Bentham places the problem of official corruption at the centre of his analysis. He contrasts his own recommendations for good administration, which he had fully developed (...) in his magisterial Constitutional Code, with the severe deficiencies he saw in English practice. The core of the volume consists of four major essays directed against the principles and policies of four leading statesmen: Edmund Burke, George Rose, Robert Peel, and Lord Chancellor Eldon. Of particular concern to Bentham were the abuses sanctioned by the judges and their officials in the Westminster Hall courts, which, he argues, resulted in the denial of justice to the majority of the population. In this volume, Bentham not only displays the precise logical reasoning for which he is well known, but also his considerable skills as a rhetorician of reform. (shrink)