PROPERTY AND THE DEFINITION OF SLAVERY

2012 ◽  
Vol 61 (4) ◽  
pp. 915-938 ◽  
Author(s):  
Jean Allain ◽  
Robin Hickey
Keyword(s):  
International Law ◽  
Clear Understanding ◽  
Property Law ◽  
Legal Definition ◽  
The Core ◽  
Definition Of ◽  
Core Meaning ◽  
Interpretation Problem

AbstractCurrently there is no clear understanding of the meaning of ‘slavery’ in modern international law. While generally it is accepted that the authoritative definition of slavery is provided by Article 1 of the Slavery Convention 1926, in recent times slavery has been understood in such a wide variety of ways that effectively it is a meaningless term. This paper reflects on this interpretation problem and aims to redress this balance by reclaiming the core meaning of the legal definition. It applies property law perspectives to explain the conception of ownership invoked by Article 1, to argue that it remains relevant and to explore how it might be applied in identifying modern cases of slavery.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

Evolving Standards for Torture in International Law

2017 ◽  
Author(s):  
Juan E. Méndez ◽  
Andra Nicolescu
Keyword(s):  
International Law ◽  
Medical Necessity ◽  
Persons With Disabilities ◽  
Genital Mutilation ◽  
Legal Definition ◽  
Pain And Suffering ◽  
The Subject ◽  
Definition Of ◽  
Gray Areas ◽  
Female Genital

The legal definition of torture is not limited to pain and suffering inflicted during interrogation or as punishment. Other practices, like domestic violence and female genital mutilation, have gradually been incorporated into the definition of torture and other ill-treatment. The absolute prohibition of torture extends to practices justified on grounds of “medical necessity” or “therapeutic purpose,” but which nevertheless inflict pain crossing the requisite threshold of severity, including the denial of pain relief and legally available abortions, or practices affecting persons with psychosocial disabilities or suffering from drug addiction. This chapter illustrates the gray areas where health care and the prohibited infliction of pain collide, discussing the rapidly evolving legal definition of torture and concepts like legal capacity, consent, and medical necessity. It recognizes that international law on the subject is far from settled, especially with regard to standards enacted by the recent Convention on the Rights of Persons With Disabilities.

scholarly journals Traditional Cultural Expressions and International Intellectual Property Law

2019 ◽  
Vol 47 (1) ◽  
pp. 6-12
Author(s):  
Lily Martinet
Keyword(s):  
Intellectual Property ◽  
International Law ◽  
Property Law ◽  
Intellectual Property Law ◽  
Doctoral Research ◽  
Essential Questions ◽  
Cultural Expressions ◽  
Definition Of ◽  
Traditional Cultural Expressions

This presentation draws on my doctoral research, which was conducted on traditional cultural expressions in international law. This subject still fills me with passion even after having spent many years studying it. To sum up my Ph.D. thesis in a sentence, I studied how international law embraces traditional dances, songs, handicrafts, designs, and rituals. Very diverse fields of laws were relevant for this research, but in the framework of this presentation, the focus was kept on intellectual property. The goal of this presentation was to provide answers to two essential questions. The first question relates to the definition of traditional cultural expressions (I), the second one concerned the reasons underpinning the introduction of this concept in international law (II).

scholarly journals Mapping the Pathways to StaphylococcalPathogenesis by Comparative Secretomics

2006 ◽  
Vol 70 (3) ◽  
pp. 755-788 ◽  
Author(s):  
M. J. J.B. Sibbald ◽  
A. K. Ziebandt ◽  
S. Engelmann ◽  
M. Hecker ◽  
A. de Jong ◽  
...  
Keyword(s):  
Virulence Factors ◽  
Protein Transport ◽  
Cellular Protein ◽  
Clear Understanding ◽  
Gram Positive ◽  
Transport Pathways ◽  
Human Host ◽  
Extracellular Milieu ◽  
The Core ◽  
Definition Of

SUMMARY The gram-positive bacterium Staphylococcus aureus is a frequent component of the human microbial flora that can turn into a dangerous pathogen. As such, this organism is capable of infecting almost every tissue and organ system in the human body. It does so by actively exporting a variety of virulence factors to the cell surface and extracellular milieu. Upon reaching their respective destinations, these virulence factors have pivotal roles in the colonization and subversion of the human host. It is therefore of major importance to obtain a clear understanding of the protein transport pathways that are active in S. aureus. The present review aims to provide a state-of-the-art roadmap of staphylococcal secretomes, which include both protein transport pathways and the extracytoplasmic proteins of these organisms. Specifically, an overview is presented of the exported virulence factors, pathways for protein transport, signals for cellular protein retention or secretion, and the exoproteomes of different S. aureus isolates. The focus is on S. aureus, but comparisons with Staphylococcus epidermidis and other gram-positive bacteria, such as Bacillus subtilis, are included where appropriate. Importantly, the results of genomic and proteomic studies on S. aureus secretomes are integrated through a comparative “secretomics” approach, resulting in the first definition of the core and variant secretomes of this bacterium. While the core secretome seems to be largely employed for general housekeeping functions which are necessary to thrive in particular niches provided by the human host, the variant secretome seems to contain the “gadgets” that S. aureus needs to conquer these well-protected niches.

The Problem of Definition of Legal Concepts with “Open Texture”

2020 ◽  
Vol 2 (1) ◽  
pp. 150-161
Author(s):  
V. V. Ogleznev ◽  
Keyword(s):  
Theoretical Basis ◽  
Special Kind ◽  
Analytical Philosophy ◽  
Clear Cut ◽  
The Core ◽  
Open Texture ◽  
Contextual Definition ◽  
Definition Of ◽  
Legal Concepts ◽  
Core Meaning

Introduction: The article discusses the problems associated with the definition of legal concepts which have the feature of “open texture”. The introduction presents the nature and meaning of “open texture”, which is understood as a special kind of indeterminacy. Such concepts are considered in the form in which they were postulated in the works of the Austrian linguistic philosopher Friedrich Waismann and the British legal philosopher Herbert Hart. Theoretical Basis. Methods. It is contested that, in Hart’s interpretation, “open texture” appears in legal concepts in borderline cases, when the meaning of the term of “concept” becomes indeterminate, unclear, uncertain, and we do not know whether or not it should be applied. Such cases should be distinguished from clear-cut cases where such doubt does not arise. The methodological basis of the study is Hart’s thesis stating that legal concepts have “core” and “penumbra” of meaning. The “core” meaning indicates a set of certain conditions, in which the use of the term “concept” is clear, while a “penumbra” meaning refers to conditions in which the its use becomes less clear. “Open texture” in this case, is an irreducible feature of legal concepts. Results. The main result of the study is the assertion that “open texture” as an irreducible feature of legal concepts, can be disproved by changing its definition. It is shown that the most appropriate kind of definition of open-textured legal concepts is the definition or contextual definition, widely used in analytical philosophy.

scholarly journals Establishment of things

2006 ◽  
Vol 78 (9) ◽  
pp. 413-441
Author(s):  
Janko Kubinjec
Keyword(s):  
Property Rights ◽  
Civil Law ◽  
Property Law ◽  
Human Relationship ◽  
Legal Concept ◽  
Legal Definition ◽  
The Law ◽  
Definition Of

Legal concept of person is to be constituted, while the legal concept of thing is to be established. Legal concept of thing is a metaphysical category that shall be differentiated from the positive-legal definition of thing as an empirical phenomenon, as well from the natural thing, which is also as an empirical phenomenon. Legal concept of thing is a spiritual phenomenon, which belongs to the field of objective spirit. The thing is the basis for the entire civil law. The wrong conclusion that civil law starts with ownership and ownership with possession, is based on the so called naturalistic error. For the title, the thing is primarily a freedom for the person, while the mortgage is the border with which the owner is confronted. At the point where freedom overflows from person to thing we have erga omnes effect of property rights. It is not possible to clearly and materially differentiate person from the thing without defining the law as the freedom, and without making this distinction, the persons can also be defined as res cogitans. In the property law, the essence is manifested through the human relationship. In the law of the contracts and torts the thing is neglected up to the point where we come to property, and point where property becomes the claim. If, in addition to that, directly natural refutation of things is produced, we are faced with the legal concept of damages. In the authentic law, the succession is always the concept pertaining to things and only in the non authentic law it may be the concept pertaining to persons.

scholarly journals The Natural Right To Parody: Assessing The (Potential) Parody/Satire Dichotomies In American And Canadian Copyright Laws

2018 ◽  
Vol 35 ◽  
pp. 69-98
Author(s):  
Amy Lai
Keyword(s):  
Free Speech ◽  
Natural Law ◽  
Freedom Of Expression ◽  
Natural Right ◽  
Legal Definition ◽  
The Core ◽  
Copyright Laws ◽  
American Law ◽  
Definition Of ◽  
The Right

This paper argues that the right to expressing oneself through parodies should constitute part of the core freedom of expression of a normative copyright regime. By drawing upon natural law legal theories, the paper proposes a legal definition of parody that would help to bring the copyright jurisprudence of a jurisdiction more in line with its free speech tradition. It argues that a broad parody definition, one that encompasses a great variety of expressive works but would not compete with the original and its derivatives in the market, is preferable to a narrow one. The paper then explains why the parody defence in American law and the parody exception in the Canadian copyright statute should follow the proposed parody definition, which would properly balance the rights of copyright owners with those of users.

Political Personalization

2018 ◽  
Author(s):  
Gideon Rahat ◽  
Ofer Kenig
Keyword(s):  
Theoretical Basis ◽  
Research Literature ◽  
Party Change ◽  
The Core ◽  
Different Types ◽  
National Perspective ◽  
Definition Of ◽  
Core Meaning ◽  
Cross National

The chapter lays down the conceptual and theoretical basis for the analysis of political personalization from a cross-national perspective. It proposes a definition of political personalization and a typology of its types—institutional, media, and behavioral—and its subtypes—personalization of governmental and nongovernmental institutions; of controlled and uncontrolled media; and of the behavior of politicians and voters. It looks closely at the core meaning of the proposed definition, at its broadness, and at the implications of perceiving personalization as a process. The chapter also examines, on the basis of the research literature, the general causes of political personalization—party change, mediatization, individualization—and the relationships between its different types.

scholarly journals ‘What and then a little robot brings it to you?’ The reactive what-x construction in spoken dialogue

2019 ◽  
Vol 24 (2) ◽  
pp. 307-332
Author(s):  
NELE PÕLDVERE ◽  
CARITA PARADIS
Keyword(s):  
Cognitive Linguistics ◽  
Construction Grammar ◽  
Pitch Accent ◽  
British English ◽  
The Core ◽  
Broad Framework ◽  
Definition Of ◽  
Core Meaning ◽  
Dialogic Space

In the process of compiling a new corpus of contemporary spoken British English, the London–Lund Corpus 2, we hit upon a construction used in the conversations recorded that had not previously been dealt with in the literature, namely the reactive what-x construction. Prompted by this discovery, we carried out a detailed analysis of its properties and constraints within the broad framework of Cognitive Linguistics, namely Construction Grammar, and found that the reactive what-x construction features the interrogative what directly followed by a phrasal or clausal complement x. Moreover, what forms one tone unit with the complement and never carries a nuclear pitch accent. The core meaning is to signal an immediate reaction to something said by another speaker in the preceding turn, and the dialogic functions include questions proper as well as expressions of disagreement. The two contributions of this study are: (i) to provide a definition of the reactive what-x construction and (ii) to propose a crucial theoretical extension of Construction Grammar involving a broadening of the concept of construction to cover not only the lexical–semantic pairing but also prosodic properties and the role of the construction in the interactive dialogic space in speech.

A Brand New Definition for the Crime of Aggression: The Kampala Outcome

2012 ◽  
Vol 81 (2) ◽  
pp. 227-248 ◽  
Author(s):  
Marina Mancini
Keyword(s):  
International Law ◽  
International Criminal Court ◽  
Rome Statute ◽  
International Criminal ◽  
Case Law ◽  
Criminal Court ◽  
Customary International Law ◽  
The Core ◽  
Definition Of

At the first Review Conference of the Rome Statute of the International Criminal Court, which was held in Kampala in 2010, the negotiations on the crime of aggression resulted in a complex package, at the core of which are the definition of the crime and the conditions for the exercise of the Court’s jurisdiction over it. This article examines the definition of the crime of aggression, as enshrined in the new Article 8 bis, considering the various parts of that package as well as the existing practice and case law. On the basis of this analysis, it evaluates the relevance of the Kampala definition to the evolution of customary international law.

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