scholarly journals Evaluating document representations for content-based legal literature recommendations

2021 ◽  
Author(s):  
Malte Ostendorff ◽  
Elliott Ash ◽  
Terry Ruas ◽  
Bela Gipp ◽  
Julian Moreno-Schneider ◽  
...  
Keyword(s):  
Legal Literature ◽  
Document Representations

GENESIS OF LEGAL RESPONSIBILITY OF JUDGES IN UKRAINE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
The State ◽  
Judicial System ◽  
Court Decision ◽  
Legal Responsibility ◽  
Criminal Prosecution ◽  
Legal Analysis ◽  
Legal Literature ◽  
Modern Methods ◽  
The Status ◽  
Moral Damage

The article examines the features of the formation (genesis) of legal responsibility of judges in Ukraine (from Kievan Rus to the present day). It has been proven that at present there are many problems regarding the criminal (legal) responsibility of judges. It was found that judges are insufficiently protected from manifestations of criminal prosecution, which, in turn, affects the increase in loyalty to the prosecution, in contrast to the defense in the criminal process. It has been established that today there are no perfect mechanisms for appealing the inaction of judges in court. It was determined that bringing judges to disciplinary responsibility in the High Council of Justice does not fully comply with the requirements of the European Charter on the Status of Judges. Based on the results of the legal analysis of the activities of the institutions of judicial responsibility, it was found that modern methods of bringing judges to justice in Ukraine are imperfect, often contradictory, and in some cases allow judges to avoid responsibility. It has been established that the issue of civil liability of judges for carrying out wrong actions against citizens today requires an urgent solution, since the legal literature does not fully disclose the provisions that govern the conditions, grounds and procedure for holding judges accountable for resolving unfair sentences and implementing illegal actions that entail material and/or moral damage to citizens. It has been determined that for harm caused as a result of an unjust court decision made by a judge, as well as due to the judge's inaction, property liability is imposed on the state, since the judge conducting the proceedings acts on behalf of the state, that is, Ukraine. It was found that today a judge can be brought to disciplinary responsibility in cases determined in accordance with the Law of Ukraine «On the Judicial System and the Status of Judges».

The Central Snitch Squad at the Saint-Petersburg Security Department as the Subject of Ensuring the Security of the Head of State in the Russian Empire

2020 ◽  
Vol 2020 (1) ◽  
pp. 30-36
Author(s):  
Anton Matveev
Keyword(s):  
Russian Empire ◽  
Job Descriptions ◽  
Saint Petersburg ◽  
National Importance ◽  
Legal Literature ◽  
Head Of State ◽  
Analysis And Synthesis ◽  
Normative Basis ◽  
The Subject ◽  
The Russian Empire

The article is devoted to the organization and activities of the Central Snitch Squad at the Saint-Petersburg Security Department for ensuring the security of the head of state in the Russian Empire. The normative basis for the activities of agents of the Central Snitch Squad and the specifics of implementation of their job descriptions are described in the article. The Central Snitch Squad was a separate division of the Search and Surveillance Service of the Russian Empire, which solved the various and most complex tasks of search-and-surveillance. The Central Snitch Squad operated until the fall of the monarchy in February 1917, but the experience gained by it in fulfilling tasks of national importance continues to be used in modern Russia. At the same time, the issues of the organization and functioning of the Central Snitch Squad have not received a comprehensive analysis yet. One of the activities of the Central Snitch Squad, which has not received proper coverage in historical and legal literature, is the protection of imperial majesties in the Russian Empire at the beginning of the 20th century. Therefore, its regulation and implementation has become the subject of this article. The main and integrating method of research on the organization and activities of the Central Snitch Squad was the method of materialist dialectics. General logical (deduction, induction, analysis and synthesis), general scientific (systemic, structural-functional, typologization) and special (formal-legal, historical-legal, comparative-legal, interpretations of regulatory legal acts, sociological and statistical) methods of legal research were used. It was concluded that the protection of imperial majesties and the highest persons in the Russian Empire was one of the most important areas of activity of the gendarmerie. The simultaneous existence of three different divisions that guarded the emperor ‒ the Central Snitch Squad, the Security Unit and the Security Agency led to duplication of agents activities and inconsistent actions of the units. The Central Snitch Squad of the Saint-Petersburg Security Department has accumulated a variety of search-and-surveillance experience that can be used to solve problems of national importance in modern Russia.

COMMON OWNERSHIP OF SPOUSES (Analysis of the Georgian Civil Law)

Law and World ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 163-177
Keyword(s):  
Family Relationships ◽  
Civil Law ◽  
Family Relationship ◽  
Legal Regulation ◽  
Legal Literature ◽  
Common Ownership ◽  
Personal Rights ◽  
The Family ◽  
Inner World ◽  
Legal Fact

The research shows that one of the legal relations in civil matters is the family relationship, having an extensive content. It includes Family Law and the actual family relationships. While there are factual elements in the family relationships, only marriage registration gives rise to the property and personal rights between spouses since marriage is a legal fact of law. However, it has been stated correctly in the legal literature that the actual co-existence of partners is such a family relationship, in which couples enter into marriage without registration. The inner world of unmarried couples is significantly free from legal regulation. Family relationships, by their characteristics, are inconceivable without the personal and intimate aspects contained in certain factual foundations and found in family relationships.

Authority by Aggregation and Abstraction

2017 ◽  
Author(s):  
Rebecca Skreslet Hernandez
Keyword(s):  
Pragmatic Theory ◽  
Legal Thought ◽  
Universal Principles ◽  
Legal Literature ◽  
Religious Learning ◽  
The Law ◽  
Substantive Law ◽  
Lasting Influence

In addition to his views on ijtihād and tajdīd, al-Suyūṭī’s lasting influence in Islamic legal thought lies in the area of legal precepts (pithy maxims or questions that sum up areas of the law). Al-Suyūṭī’s al-Ashbāh wa-l-naẓāʾir stands as a core work in this genre of legal literature and is still a popular textbook for students at Egypt’s premier institution of religious learning, al-Azhar. Using the pragmatic theory of Grice and others, I argue that legal precepts fulfill a number of key discursive functions for the jurist. It is with al-Suyūṭī’s Ashbāh that he is most successful in asserting his authority as an aggregator, abstractor, and framer of the law. The power of framing lies in the ability to distill key universal principles from the vast corpus of Islamic substantive law and to assert that these principles represent the essence and spirit of the Sharīʿa.

scholarly journals Learning Contextualized Document Representations for Healthcare Answer Retrieval

2020 ◽  
Author(s):  
Sebastian Arnold ◽  
Betty van Aken ◽  
Paul Grundmann ◽  
Felix A. Gers ◽  
Alexander Löser
Keyword(s):  
Document Representations

scholarly journals Disability and Vulnerability: Challenging the Capacity/Incapacity Binary

2017 ◽  
Vol 16 (3) ◽  
pp. 469-481 ◽  
Author(s):  
Beverley Clough
Keyword(s):  
Social Policy ◽  
Mental Capacity ◽  
Feminist Philosophy ◽  
Perceived Vulnerability ◽  
Law And Policy ◽  
Legal Literature ◽  
House Of Lords ◽  
Mental Capacity Act 2005 ◽  
Laws And Policies ◽  
Mental Capacity Act

This article engages with emerging debates in law and feminist philosophy around the concept of vulnerability. Central to this is the call to re-imagine and re-frame vulnerability as universal – as something which is experienced by all individuals, by virtue of their humanity and context as social beings. The implications of this for laws and policies predicated on groups or categories as ‘being vulnerable’ will be explored in this article, using the concept of mental capacity as an example of how the boundary between capacity and incapacity can be contested through this lens. The article will critically consider the Mental Capacity Act 2005 and associated literature, such as Court of Protection cases, the House of Lords Select Committee's post-legislative scrutiny and Serious Case Reviews, which demonstrate the growing concern about the inadequacy of the binary between capacity and incapacity. This in turn provokes a challenge to accepted wisdom in the context of disability more broadly, inviting us to think in particular about the responses to perceived vulnerability that are currently deemed appropriate. Insights from the legal literature invite further exchanges with social policy theorists as to the concept of vulnerability and its challenges and implications for law and policy.

Battlefield conditions: Different environment but the same duty of care

2010 ◽  
Vol 17 (5) ◽  
pp. 636-645 ◽  
Author(s):  
Janet Kelly
Keyword(s):  
Duty Of Care ◽  
Research Approach ◽  
Health Care Needs ◽  
Care Needs ◽  
Military Nurses ◽  
Professional Obligations ◽  
Dual Loyalty ◽  
Legal Literature ◽  
Military Orders ◽  
Interpretative Research

Using an interpretative research approach to ethical and legal literature, it is argued that nursing in the battlefield is distinctly different to civilian nursing, even in an emergency, and that the environment is so different that a duty of care owed by military nurses to wounded soldiers should not apply. Such distinct differences in wartime can override normal peacetime professional ethics to the extent that the duty of care owed by military nurses to their patients on the battlefield should not exist. It is also argued that as military nurses have legal and professional obligations to care for wounded soldiers on the battlefield, this obligation conflicts with following military orders, causing a dual loyalty conflict. This is because soldiers are part of the ‘fighting force’ and must be fit to fight and win the battle. This makes them more of a commodity rather than individual persons with distinct health care needs.

Grasping at Straws: Judicial Review of Legislation in Sri Lanka

ICL Journal ◽  
2020 ◽  
Vol 13 (3) ◽  
pp. 281-306
Author(s):  
Danushka S Medawatte
Keyword(s):  
Sri Lanka ◽  
Transitional Justice ◽  
Judicial Review ◽  
Descriptive Analysis ◽  
Executive Power ◽  
Sri Lankan ◽  
Legal Literature ◽  
Justice Process ◽  
Provincial Councils ◽  
The Impact

AbstractIn this paper, I attempt to examine the evolution of judicial review of legislation in Sri Lanka with a view to better understanding how it has impacted the democratic fabric and constitutional matrix of Sri Lanka. The impact that judicial review of legislation has had on rights jurisprudence, enhancement of democracy, prevention of persecution against selected groups are analysed in this paper in relation to the Ceylon Constitutional Order in Council of 1946 (‘Soulbury’ Constitution) and the two autochthonous constitutions of Sri Lanka of 1972 and 1978. The first part of the paper comprises of a descriptive analysis of judicial review of legislation under the three Constitutions. This is expected to perform a gap filling function in respect of the lacuna that exists in Sri Lankan legal literature in relation to the assessment of the trends pertaining to judicial review of legislation in Sri Lanka. In the second part of the paper, I have analysed decided cases of Sri Lanka to explore how the judiciary has responded to legislative and executive power, and has given up or maintained judicial independence. In this respect, I have also attempted to explore whether the judiciary has unduly engaged in restraint thereby impeding its own independence. The third part of the paper evaluates the differences in technique and stance the judiciary has adopted when reviewing draft enactments of the national legislature and when reviewing draft or enacted statutes of Provincial Councils. From a comparative constitutional perspective, this assessment is expected to provide the background that is essential in understanding the island nation’s current constitutional discourse, transitional justice process, and its approach to human rights.

Proportionality under Jus ad Bellum and Jus in Bello: Clarifying their Relationship

2012 ◽  
Vol 45 (1) ◽  
pp. 107-124 ◽  
Author(s):  
Raphaël van Steenberghe
Keyword(s):  
Case Law ◽  
Military Operations ◽  
Military Operation ◽  
Jus In Bello ◽  
Jus Ad Bellum ◽  
Legal Literature ◽  
State Practice ◽  
The Individual ◽  
The Military ◽  
The Relationship

Proportionality is a condition provided under both jus ad bellum and jus in bello. Based on a particular interpretation of state practice and international case law, recent legal literature argues that the two notions of proportionality are interrelated in that proportionality under jus in bello is included in the assessment of proportionality under jus ad bellum. This article seeks to refute such a position and, more generally, to clarify the relationship between the two notions of proportionality.The main argument of the article is in line with the traditional position regarding the relationship between jus ad bellum and jus in bello. It is argued that, although sharing common features and being somewhat interconnected, the notions of proportionality provided under these two separate branches of international law remain independent of each other, mainly because of what is referred to in this article as the ‘general versus particular’ dichotomy, which characterises their relations. Proportionality under jus ad bellum is to be measured against the military operation as a whole, whereas proportionality under jus in bello is to be assessed against individual military attacks launched in the framework of this operation.This article nonetheless emphasises the risk of overlap between the assessments of the two notions of proportionality when the use of force involves only one or a few military operations. Indeed, in such situations, the ‘general versus particular’ dichotomy, which normally enables one to make a distinct assessment between the two notions of proportionality, is no longer applicable since it becomes impossible to distinguish between the military operation as a whole and the individual military attacks undertaken during this operation.

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