Stigma marks both surrogacy and abortion. Legal change lessens stigma but may not remove it altogether. Post-legalization regulation may reinstall stigma by surrounding a legalized practice with barriers that make exercise of that right more difficult. As a result, law may reenact stigma even as it purports to take it away.

Aristotle's discussion of legal change in Politics II.8 is the subject of this article. The aim is to show that Aristotle viewed legal change positively, when changes to the law are required, and that his discussion was mainly concerned with the two rather distinct roles of the demos and of the legislator. The analysis involves a re-examination of 1268b 25ss in book II of Aristotle’s Politics and its connection with book III. The analysis is also extended (...) to Aristotle’s Rhetoric and Nicomachean Ethics, and to Plato’s Politicus and Laws. (shrink)

Since ancient Athens, democrats have taken pride in their power and inclination to change their laws, yet they have also sought to counter this capacity by creating immutable laws. In Democracy and Legal Change, Melissa Schwartzberg argues that modifying law is a fundamental and attractive democratic activity. Against those who would defend the use of 'entrenchment clauses' to protect key constitutional provisions from revision, Schwartzberg seeks to demonstrate historically the strategic and even unjust purposes unamendable laws have (...) typically served, and to highlight the regrettable consequences that entrenchment may have for democracies today. Drawing on historical evidence, classical political theory, and contemporary constitutional and democratic theory, Democracy and Legal Change reexamines the relationship between democracy and the rule of law from a new, and often surprising, set of vantage points. (shrink)

This article explore the limitations of progressive and feminist legal change through a study of the development of gender-based refugee policy in Canada. I argue that the actual impact of feminist and progressive legal change is determined in interaction with the wider bureaucratic and administrative contexts of its implementation; administrative strategies and bureaucratic procedures may, in fact, capably undermine the potentially expansive effects of progressive jurisprudence. As I will show, feminist legal interventions in Canada’s refugee (...) policy did not increase actual access to refugee protection. Not only were these interventions delivered in a decidedly limited administrative form, they occurred simultaneously with highly innovative and coordinated bureaucratic practices that limited the access of large groups of refugee claimants to protection. Thus, while the Canadian refugee system expanded jurisprudentially, access to this system was tightly restricted through administrative and bureaucratic measures. (shrink)

This study attempts to identify customer retention strategies for legal software and discusses their effectiveness for three consumer groups (stayers, dissatisfied switchers, and satisfied switchers). Although previous studies propose several antipirating strategies, they do not discuss how to enhance customer intentions to use legal software, which is crucial for software companies. The authors provide four generic retention strategies developed from both antipiracy and customer loyalty literature. The results indicate lower-pricing, legal, communication, and product strategies all enhance customer (...) purchase intentions toward legal software. The lower-pricing strategy is more useful for stayers and dissatisfied switchers, and the communication strategy is most useful for dissatisfied switchers. Both the legal and product strategies have similar impacts on purchase intentions across the three segments. From a firm perspective, a product strategy is most worthwhile and useful across all segments. (shrink)

El estudio de dos formularios notariales del siglo vii/xiii, uno sirio y el otro andalusí, muestra que el discurso sobre las modalidades de comunicación escrita preceptuadas para los jueces refleja una estrecha relación entre la doctrina y la realidad de la práctica legal. Uno de los aspectos de esta relación es el cambio que tuvo que experimentar la doctrina discursiva bajo la presión de las prácticas judiciales cotidianas.

Can quite different values be rationally weighed against one another? Can the value of one thing always be ranked as greater than, equal to, or less than the value of something else? If the answer to these questions is no, then in what areas do we find commensurability and comparability unavailable? And what are the implications for moral and legal decision making? This book struggles with these questions, and arrives at distinctly different answers.".

Free will skepticism is the view that people never truly deserve to be praised, blamed, or punished for what they do. One challenge free will skeptics face is to explain how criminality could be dealt with given their skepticism. This paper critically examines the prospects of implementing legal changes concerning crime and punishment derived from the free will skeptical views developed by Derk Pereboom and Gregg Caruso. One central aspect of the changes their views require is a concern for (...) reducing the severity of current forms of punishment. The paper considers two strategies for pursuing such a reduction. By taking into account evidence from the psychology of belief in free will and desire to punish, it is argued that a strategy aiming at a reduction of people’s natural desire to punish criminals can be successful if capable of providing alternatives to current forms of punishment satisfying three properties: they must be less harmful than current forms of punishment, more effective in preventing crime, and incompatible with current forms of punishment. (shrink)

Critical review of "The Philosophy of Legal Change," edited by Maciej Chmieliński and Michał Rupniewski, the first volume on its subject matter, with some general remarks on the philosophical methodology of conceptualising legal change.

Racially disparate policing, prosecution, and punishment harm individuals, families, and communities. These practices must be understood within the context of the development of the criminal legal system as a means of racialized social control. This context permits a critical examination of the way criminalization has been and is still deployed to subject poor and racialized communities to systemic injustices. This commentary frames a call for interventions to integrate a health justice approach to ensure that they advance racial and health (...) equity to promote the well-being of individuals, families, and communities. (shrink)

ABSTRACTAs of 2008, surrogacy is legal and openly practised in various places; Japan, however, has no regulations or laws regarding surrogacy. This paper reports the situation of surrogacy in Japan and in five other regions to clarify the pros and cons of prohibiting surrogacy, along with the problems and issues relating to surrogacy compensation.Not only in a country such as France that completely prohibits surrogacy within the country, but also in a country such as the UK that allows non‐commercial (...) surrogacy, infertile couples travel overseas for the purpose of surrogacy. In addition, some couples might seek underground surrogacy if the government prohibits surrogacy. If an intended parent couple and a surrogate make an agreement among themselves and then a problem occurs, they cannot ask for support from professionals or bring a case to court, as can be observed in South Korea and Taiwan.We also conclude that there is little difference between commercial surrogacy and non‐commercial surrogacy in the absence of a clear definition of ‘reasonable expenses.’ In the UK, the law does not allow surrogates to receive compensation. However, in reality, there may be little difference between the amounts paid to surrogates for profit in the US and those paid to surrogates for reasonable expenses in the UK. We conclude that the issue of surrogacy demands further discussion in Japan. (shrink)

Circular economy is a critical approach to realize the coordinated development of society, economy, and ecological environment. Given the fact that urban is a complex system in which human beings integrate material, energy, information, and natural environment and interact and influence each other, reviewing the urban circular economy research and development could benefit for having a better and comprehensive understanding on urban complexity. Mainly based on the Chinese literature studies from 1999 to 2020, this study aims to present an in-depth (...) analysis of the research themes, policy systems, and index system of Chinaʼs urban-scale circular economy, discuss the changes and evolution trends of themes, levels, and perspectives in time series, sort out the policy systems at both the national and local levels, and analyze the design principles and application fields of indicators. Finally, we propose that future development of an urban circular economy should be built based on modern techniques, technologies, and models. The construction of development mechanism on the circular economy should be framed as “government-led, market-driven, legal norms, policy support, technological support, and public participation” and inject concepts such as “Internet +,” “sharing economy,” “Internet of Things,” and “artificial intelligence.”. (shrink)

This is a synoptic and critical commentary on Joseph Raz’s From Normativity to Responsibility.

As of 2008, surrogacy is legal and openly practised in various places; Japan, however, has no regulations or laws regarding surrogacy. This paper reports the situation of surrogacy in Japan and in five other regions to clarify the pros and cons of prohibiting surrogacy, along with the problems and issues relating to surrogacy compensation.Not only in a country such as France that completely prohibits surrogacy within the country, but also in a country such as the UK that allows non-commercial (...) surrogacy, infertile couples travel overseas for the purpose of surrogacy. In addition, some couples might seek underground surrogacy if the government prohibits surrogacy. If an intended parent couple and a surrogate make an agreement among themselves and then a problem occurs, they cannot ask for support from professionals or bring a case to court, as can be observed in South Korea and Taiwan.We also conclude that there is little difference between commercial surrogacy and non-commercial surrogacy in the absence of a clear definition of ‘reasonable expenses.’ In the UK, the law does not allow surrogates to receive compensation. However, in reality, there may be little difference between the amounts paid to surrogates for profit in the US and those paid to surrogates for reasonable expenses in the UK. We conclude that the issue of surrogacy demands further discussion in Japan. (shrink)

This study explores both the negotiating styles and moral reasoning processes of business people and governmental officials in Taiwan, so as to provide a footing for outsiders when negotiating with Taiwanese over environmental concerns. Findings imply that Taiwanese business people and governmental officials can and will reason both at the conventional level and at the postconventional level of moral judgment. But, results of this study also indicate that Taiwanese negotiating styles do not necessarily match their levels of moral reasoning. With (...) respect to pollution concerns, Taiwanese seem unwillingly to accept responsibility as autonomous individuals. Instead, responsibility is accepted when mandated by the law. (shrink)

Product counterfeiting, a serious problem throughout the world, is particularly challenging for luxury brands, which often have simple designs and a value that depends largely on buyers' perceptions. This study incorporates the concept of customer value into an investigation of the anticounterfeiting strategies. Both hedonic and utilitarian values positively influence customer loyalty toward luxury brands. As a means to strengthen customer values, legal and product strategies positively influence customers' hedonic value, whereas communication and product strategies positively influence their utilitarian (...) value. The managerial implications of these findings and directions for further research are discussed. (shrink)

In the ever-evolving landscape of Artificial Intelligence in Healthcare (AIH), understanding the entities and legal frameworks governing its research and development is crucial. This report delves into the intricacies of AIH in Malaysia, undertaking a comprehensive literature search on scientific databases, government portals, and news sources. Additionally, bibliometric analysis has been concurrently conducted to discern trends and developments in AIH over the years. Notably, the interest in AIH has seen a consistent rise since 2017, marked by a growing number (...) of use cases (25 reported here) developed by both local and foreign innovators and applicators. Despite this surge in research and adoption, Malaysia lacks direct legislation specifically addressing AIH technologies, leaving them subject to 11 existing laws. This lack of clear oversight is compounded by the insufficient expertise within local regulatory and ethical bodies to effectively assess AIH research and deployment. The resultant challenges include bureaucratic hurdles for AIH innovators and applicators, raising ethical concerns related to patient autonomy, privacy, data management, AI robustness, and liability. To address these issues, this paper recommends: (1) adopting international ethical guidelines for AIH, (2) enhancing public awareness and education on AI technologies, and (3) promoting AIH research through clinical or silent trials to improve oversight and foster innovation. (shrink)

Many philosophers are completely unaware of the world of executive education and business events, and Specialist Public Lectures often arise from these occasions. They range from informal retreats, usually held in some tawny spot of nature for the purpose of team‐building among the employees of a firm, to exclusive, luxury junkets for C‐suite executives and VIPs at a spa or golfing resort for the purpose of networking and “upping one's game.” Most public lectures involve a sharing of information – arresting (...) facts or gasp‐inducing statistics – interwoven with a large interpretive claim, usually left quite vague. Metaphysicians can illuminate ideas of gender; epistemologists can weigh in on the epistemic authority afforded new technologies; philosophers of religion can reveal insights into character and secular civic education; and legal philosophers can guide debates about regulation. (shrink)

The development of citizenship in the framework of European integration has been marked by conceptual innovations. This article concentrates on three of its elements: antidiscrimination rights, the concept of Union Citizenship, and the right to free movement. In these cases, either concepts were newly coined, or already-established concepts were newly interpreted in the context of the European Union by the European Commission or by the Council. In a second step, they were then incorporated into new EU citizenship laws and then (...) transferred into national legislation and national political and administrative practice. During the implementation phase in the member states, the innovations often led to conflicts related to the interpretation of the new concepts in political and administrative practice. The article discusses the related processes as a pattern of conceptual innovation by law making that is typical for the EU. (shrink)

El sistema penitenciario de Ecuador enfrenta una crisis estructural de proporciones preocupantes. Esta investigación se centra en analizar las diversas causas que han precipitado esta situación, con el objetivo de determinar la responsabilidad del Estado ecuatoriano en esta crisis. Se examina específicamente si el Estado cumple adecuadamente con su obligación de rehabilitar a los condenados y reintegrarlos a la sociedad tras el cumplimiento de sus penas. Se evidencia una ausencia significativa de programas efectivos de reinserción para las Personas Privadas de (...) Libertad (PPL), lo que directamente contribuye a la crisis carcelaria actúa. El propósito de este estudio es analizar críticamente la situación del sistema penitenciario ecuatoriano, identificando las deficiencias en los programas de rehabilitación y reinserción social ofrecidos a las PPL. Se busca determinar si el Estado es el principal responsable de la crisis carcelaria mediante el análisis de diversas fuentes bibliográficas y la evaluación de su cumplimiento de las obligaciones legales y humanitarias hacia este grupo vulnerable. Se llevó a cabo una investigación cualitativa, donde se analizaron diversas fuentes bibliográficas especializadas para abordar el problema del sistema penitenciario en Ecuador. Se examinaron informes gubernamentales, estudios académicos y documentos legales pertinentes para comprender a fondo las causas subyacentes de la crisis carcelaria. Esta metodología permitió una evaluación exhaustiva de las deficiencias institucionales y la falta de programas de rehabilitación adecuados para las PPL en el país. Los resultados de la investigación revelan una serie de factores que contribuyen a la crisis carcelaria en Ecuador. Entre ellos se destacan el hacinamiento, la sobrepoblación, el debilitamiento institucional, el tráfico de drogas y armas, entre otros. Se evidencia que el Estado no cumple adecuadamente con su obligación de rehabilitar a los condenados y reintegrarlos a la sociedad, lo que agrava la situación y hace más miserable la vida de las PPL dentro de los centros de reclusión. Este estudio confirma que el Estado ecuatoriano es el principal responsable de la crisis carcelaria existente en el país. La falta de programas efectivos de rehabilitación y reinserción social para las PPL, junto con otras deficiencias institucionales, ha exacerbado la situación. Es imperativo que el Estado tome medidas urgentes y efectivas para abordar estas deficiencias y garantizar el respeto de los derechos humanos y la dignidad de las personas privadas de libertad en Ecuador. (shrink)

The notion of entrepreneurship developed by Israel Kirzner has applications far beyond the market process. Legal entrepreneurs are lawyers, activists, and other participants in the legal process who are alert to opportunities to alter legal rules, thereby benefiting themselves or their clients. Legal entrepreneurship creates a dynamic that can generate virtually continuous change in the structure of legal rights and duties. On the one hand, the notion of legal entrepreneurship is a testament to (...) the value of Kirzner’s project. But on the other, it creates a serious problem for Kirzner’s conception of welfare economics, which depends on the existence of a stable background of property rights. If the notion of entrepreneurship implies continual change in property rights, then the power of Kirznerian welfare economics is substantially curtailed.La notion d’esprit d’entreprise développée par Israel Kirzner a des applications qui vont bien au-delà du processus de marché. Les entrepreneurs juridiques sont les avocats, les activistes et autres participants au processus juridique qui ont conscience des opportunités de transformer les règles de droit, que ce soit pour leur propre bénéfice ou pour celui de leurs clients. L’entrepreneuriat juridique crée une dynamique qui peut générer des changements presque continus dans la structure des droits légaux et des devoirs. D’une part, la notion d’entrepreneuriat juridique est un témoignage de la valeur du projet de Kirzner. Mais d’autre part, il crée un sérieux problème quant à sa conception de l’économie du bien-être de Kirzner qui repose sur l’existence d’une structure stable de droits de propriété. Si la notion d’esprit d’entreprise implique un changement continuel dans les droits de propriété, alors la portée de l’économie du bienêtre de Kirzner est substantiellement réduite. (shrink)

Most discussions concerned with advancing the just and ethical treatment of research participants in developing countries have revolved around the moral principle of autonomy and the legal doctrine of informed consent. However, if emerging ethical concerns are to be addressed effectively, the discussion needs to expand into the domain of business ethics where arguments addressing issues such as fair/appropriate compensation, entitlement, and corporate obligations to stakeholders are commonplace. The argument I present in this paper will conclude that emerging ethical (...) considerations regarding the treatment of research participants in developing countries have evolved well beyond the scope of the principle of informed consent and that in order to resolve these concerns more appropriately and effectively, the new default or status quo should be to consider research participants as stakeholders of the sponsoring pharmaceutical company, even after the clinical trial is completed. This conclusion is significant because although it is fair to assume that, at some point in the timeline, most stakeholder theorists already do consider research participants stakeholders of the pharmaceutical company sponsoring the trial, the completion date of the clinical trial usually signifies and marks the termination of their stakeholder status and thus any consideration of what is owed further to the research participant. (shrink)

The article analyzes the changes of legal regulation on natural gas market in the context of the third European Union (EU) energy package. The paper consists of the introduction, two parts and conclusions. The first part analyses the main provisions on the natural gas market of the Third EU energy package. The second part of the paper focuses on the effect of the Third EU energy package on legal regulation of natural gas market in Lithuania. For this purpose, (...) the author analyzes the relevant provisions of the future legal regulation that are laid out in the Conception on draft amendment of the Lithuanian law on natural gas (the Conception) that was adopted by the Resolution of 19 May 2010 No. 585 of the Government of the Republic of Lithuania (the Government). The author analyses the chosen model of implementation of the Directive 2009/73/EC of the European Parliament and of the Council concerning common rules for the internal market in natural gas of 13 July 2009 and repealing Directive 2003/55/EC (Directive 2009/73/EC), and the possible negative and positive consequences of the implementation of the model chosen by the drafters of the Conception. The paper is ended with motivated conclusions. (shrink)

The author intends to present evolutionary and revolutionary changes in legal terminology. Legal terminology changes as a result of language usage, technological development, political and social changes and even economy reasons. The following research methods have been applied: the terminological analysis of the research material and the analysis of pertinent literature. The research material included legislation from the United Kingdom, the United States of America, Canada and Australia. The author focuses on terminological changes resulting from social transformations. Selected (...) terms and their transformation in respect to meaning and form are elaborated on in the paper. Finally, the author draws conclusions that translation of such terminology should aim at communication precision and many of them may be false friends in interlingual communication. (shrink)

The aim of the paper is to present the diachronic changes taking place in legal languages and discuss whether the translators, who for some reason use as an equivalent an obsolete term, may produce a target text which is communicatively ineffective. The research methods applied encompass: the parametric approach to the interlingual comparison of legal terminology for translation purposes, the analysis of pertinent literature on translation and translation errors, the analysis of comparable texts for the purpose of observing (...) diachronic changes in terminology. The diachronic change in terminology most frequently is the result of the amendments of legislation or repealing one act and replacing it with a new one. The terminological changes are especially frequent when the change in the political system occurs and the need appears to adjust the legal system to the new political ideology and principles. For that reason, the authors have analysed in detail three Polish acts on copyright enacted under three different political regimes that is to say (i) after the First World War when Poland regained independence after 123 years of occupation (Act of 29 March 1926 on Copyrights [Ustawa z dnia 29 marca 1926 r. o prawie autorskiem]), (ii) under the communist rule in Poland that lasted from 1945 until 1989 (Act of 10 July 1952 on Copyrights [Ustawa z dnia 10 lipca 1952 r. o prawie autorskim]), and finally (iii) after the collapse of communism in Poland and the period of transition into the democratic and free market society (Act on Copyrights and Related Rights of 4 February 1994 [Ustawa o prawie autorskim i prawach pokrewnych z dnia 4 lutego 1994 roku]). Apart from the main Polish corpus of above-mentioned acts, the authors have also provided examples from some other languages to confirm that the diachronic changes take place everywhere and miscommunication problems resulting from using an obsolete term in translation may occur in any pair of languages. In the last part of the paper the problem of the scale of miscommunication resulting from the usage of obsolete terminology in the target text is discussed. (shrink)

This article identifies the types of legal issues that result from technological change and discusses the different institutions involved in resolving those problems. It demonstrates that, despite the focus on political solutions, other institutions also have a role to play in solving legal dilemmas presented by technological change. Legislation may not always be necessary and can cause problems, especially where a technology is likely to evolve further. Even where legislative solutions are necessary, it is important to (...) factor in the role played by other institutions when crafting legislation. (shrink)

Despite the (serious) global concerns about the safety and genetic stability of genetically modified organisms, the Malaysian National Biosafety Board (NBB) has recently approved the field testing for genetically modified (GM) male mosquitoes. With this development, bioethical issues, which in some respect could adversely impinge on the social, economic and environmental aspects of the society, have surfaced, and these concerns must be addressed by the authorities concerned. In reviewing this application, the National Biosafety Board has followed the requirements of the (...) Biosafety Act 2007, which was created to strike a balance between promoting biotechnology and at the same time protecting against its potential environmental and human health risks in Malaysia. However, the 2007 Act fails to adequately take into account any bioethical issues in spite of the inclusion of a provision on socio-economic consideration. As part of an ongoing doctoral research project, and by way of an instrumental critique of the 2007 Act, the present paper attempts to address the role and function of the Malaysia biosafety legal framework in governing bioethical concerns relating to Genetically Modified Organisms (GMOs) within the current biotechnology background in Malaysia. Additionally, the paper suggests that the ambiguity of the provisions contained within the 2007 Act in governing such concerns, representing wider societal interests and welfare, in some ways might defeat the balancing role that this act was originally intended to fulfil. (shrink)

Joona Räsänen argues some people have a right to change their legal age to prevent age discrimination. He proposes two prerequisites—the person feels his age differs from his legal age, and that person’s biological age differs from his chronological age. I argue we can achieve the same protections from ageism through restricting access to one’s birth date. I review several moral reasons in favour of changing one’s legal age, concluding the enterprise is folly.

The United States has recently made significant and positive civil rights gains for LGB people, including expanded recognition of marriages between people of the same sex. Among the central tropes that have emerged in the struggle for the rights of LGB people are that they are “born that way,” that sexual orientations cannot change, and that one's sexual orientation is not affected by choice. Writer Andrew Sullivan put it this way: “[H]omosexuality is an essentially involuntary condition that can neither (...) be denied nor permanently repressed.… [S]o long as homosexual adults as citizens insist on the involuntary nature of their condition, it becomes politically impossible to deny or ignore the fact of homosexuality.… [The strategy for obtaining LGB rights is to] seek full public equality for those who, through no fault of their own, happen to be homosexual.”This idea of linking LGB rights to empirical claims about sexual orientations has become so central that casting doubt on these claims is, in many circles, tantamount to opposing LGB rights. Nonetheless, claims about innateness, immutability, and lack of choice about sexual orientation should not be the primary basis for LGB rights. (shrink)

Räsänen has attempted to make a moral case for permitting some people to change their legal age: if someone considers that their chronological age does not correspond to their emotional age or biological age, and they face age-based discrimination as a result, they may change the legal record of their age. This response considers some of the problems with Räsänen’s paper, including its reliance on equivocation. It concludes that what is billed as a moral argument turns (...) out to be a conflicted case for deception which relies on a nihilistic outlook on reality. (shrink)