scholarly journals Elevating Legal Informatics in the Digital Age

2021 ◽  
pp. 155-180
Author(s):  
Stanley Greenstein
Keyword(s):  
Human Behavior ◽  
Digital Technologies ◽  
Science Method ◽  
Cognitive Sciences ◽  
Legal Science ◽  
Legal Perspective ◽  
Legal Informatics ◽  
The Law ◽  
Societal Problems ◽  
Insight Into

The widespread use of digital technologies within society incorporating elements of artificial intelligence (AI) is increasing at a phenomenal rate. This technology promises a multitude of advantages for the development of society. However, it also entails risks. A characteristic of AI technology is that, in addition to using knowledge from computer science, it is increasingly being combined with insights from within the cognitive sciences. This deeper insight into human behavior combined with technology increases the ability of those who control the technology to not only predict but also manipulate human behavior. A function of the law is to protect individuals and society from risks and vulnerabilities, including those associated with technology. The more complex the technologies applied in society, the more difficult it may be to identify the potential harms associated with the technologies. Consequently, it is worthwhile discussing the extent to which the law protects society from the risks associated with technology. In applying the law, the dominant method is the “traditional legal science method.” It incorporates a dogmatic approach and can be described as the default legal problem-solving mechanism utilized by legal students and practitioners. A question that arises is whether it is equipped to meet the new demands placed on law in an increasingly technocratic society. Attempting to frame the modern risks to society using a traditional legal science method alone is bound to provide an unsatisfactory result in that it fails to provide a complete picture of the problem. Simply put, modern societal problems that arise from the use of new digital technologies are multidimensional in nature and require a multidisciplinary solution. In other words, applying a restrictive legal approach may result in solutions that are logical from a purely legal perspective but that are out of step with reality, potentially resulting in unjust solutions. This chapter examines the increased digitalization of society from the legal perspective and also elevates the application of the legal informatics approach as a means of better aligning research within in legal science with other disciplines.

Digital Social Innovation for Better Connected Government

2021 ◽  
pp. 136-161
Author(s):  
Natalija Najdova ◽  
Jasmina Belchovska Tasevska ◽  
Smilka Janeska Sarkanjac ◽  
Branislav Sarkanjac ◽  
Dimitar Trajanov
Keyword(s):  
Social Innovation ◽  
Social Systems ◽  
New Products ◽  
Digital Technologies ◽  
Good Strategy ◽  
Republic Of Macedonia ◽  
The Republic ◽  
Level Of Understanding ◽  
Societal Problems ◽  
Insight Into

Social innovation (SI) refers to new products, processes, and methods that, in a creative and sustainable way, offer a better solution to social demands, which often requires changes in the practices of existing social systems. Digital social innovation (DSI) is ICT-based SI that uses digital technologies to invoke such changes. This chapter presents an insight into DSI in the Republic of Macedonia and reports the results of a survey to show the level of understanding, awareness, and knowledge of DSI in the country. Although the idea of DSI is to bypass the governments, motivate people to self-organize, and solve their societal problems, results suggest that without a good strategy, enough funding, and suitable societal governance, it is difficult to tackle the challenges of raising the awareness of an individual or a community that it is they themselves who are the change-enablers as members of a social network.

scholarly journals Sex Work in Slovenia: Assessing the Needs of Sex Workers

2021 ◽  
pp. 136078042110184
Author(s):  
Leja Markelj ◽  
Alisa Selan ◽  
Tjaša Dolinar ◽  
Matej Sande
Keyword(s):  
Needs Assessment ◽  
Sex Work ◽  
Sex Workers ◽  
Point Of View ◽  
Social Distress ◽  
Legal Advice ◽  
The Law ◽  
Client Relations ◽  
Insight Into

The research comprehensively identifies the needs and problems of sex workers in Slovenia from the point of view of three groups of actors in a decriminalized setting. The objective of the rapid needs assessment was to identify the needs of sex workers as perceived by themselves. In order to gain a deeper insight into this topic, we analyzed the functioning of the organizations working with the population, and examined the perspective of the clients. The results of the study show that no aid programmes have been developed for sex workers, even though organizations from various fields often come in contact with this population. Sex workers express the need to be informed about various topics (health, the law, legal advice) and emphasize client relations as the primary issue. The findings indicate the need for the development of a specialized aid programmes to address the fields of advocacy, reducing social distress and providing psychosocial assistance.

Reconsidering Kant’s Rejection of Indirect Arguments in Transcendental Philosophy

2021 ◽  
pp. 1-19
Author(s):  
Marcel Buß
Keyword(s):  
Immanuel Kant ◽  
Explanatory Power ◽  
Transcendental Philosophy ◽  
Point Of View ◽  
Transcendental Arguments ◽  
Mathematical Proofs ◽  
Law Of Excluded Middle ◽  
The Law ◽  
Excluded Middle ◽  
Insight Into

Abstract Immanuel Kant states that indirect arguments are not suitable for the purposes of transcendental philosophy. If he is correct, this affects contemporary versions of transcendental arguments which are often used as an indirect refutation of scepticism. I discuss two reasons for Kant’s rejection of indirect arguments. Firstly, Kant argues that we are prone to misapply the law of excluded middle in philosophical contexts. Secondly, Kant points out that indirect arguments lack some explanatory power. They can show that something is true but they do not provide insight into why something is true. Using mathematical proofs as examples, I show that this is because indirect arguments are non-constructive. From a Kantian point of view, transcendental arguments need to be constructive in some way. In the last part of the paper, I briefly examine a comment made by P. F. Strawson. In my view, this comment also points toward a connection between transcendental and constructive reasoning.

scholarly journals Explanation of Legal Maxim: Ignorance of Facts and Ignorance of the Law, in the Light of Islamic and Western Laws: A Comparative Study

Fahm-i-Islam ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 45-57
Author(s):  
Saleem Khan ◽  
Sana Zia
Keyword(s):  
Comparative Study ◽  
Legal Science ◽  
The Law

Both Islamic and western laws try to facilitate their followers in different ways. For the above mentioned purpose both have formed several Legal Maxims which assist each and every individual to enjoy these facilitations provided to them by the Legal Science. Similarly there are some Legal Maxims which provide legal excuses to these people. Among these Legal Maxims there is a Maxim considered as one of fundamental legal Maxims called “Ignorance of facts and Ignorance of the Law”. This article focuses on explanation and interpretation of the said Maxim according to Islamic as well as western Laws.

scholarly journals Effect of Pedestrian Penalty on Pedestrian Behavior in Qatar

2021 ◽  
Author(s):  
Omar Khaled Ghonim ◽  
Deepti Muley ◽  
Mohamed Kharbeche ◽  
Yousef Mohamed ◽  
Ahmed Madkoor
Keyword(s):  
Behavior Changes ◽  
Actual Behavior ◽  
Crash Data ◽  
Before And After ◽  
Twitter Account ◽  
The Law ◽  
Future Work ◽  
Positive Effect ◽  
Before And After Study ◽  
Insight Into

Crashes involving pedestrians are a major concern for authorities in many developed and developing countries. To refrain pedestrians from illegal or unsafe road behavior, authorities introduced three pedestrian penalties in the State of Qatar from August 2019. This paper assesses the awareness, perception, and adaptive intentions of the new amendment to the pedestrians’ law. A questionnaire survey, designed in three languages, was distributed online using Qatar University contacts and Twitter account of the General Directorate of Traffic at the Ministry of Interior, State of Qatar. A sample of 521 complete responses was obtained and used for statistical analysis. The results indicated that only 32 % of the respondents were aware of the law amendment before taking this survey. Further, the higher score for perception, adaptive intentions and awareness showed that the respondents were aware of the risks and the law amendment will have a positive effect on their behavior on road as pedestrians. The outcomes of the analysis show the efficacy of the law amendment. However, the actual behavior changes need to be studied by analyzing the pedestrian crash data and conducting a before and after study. Moreover, the study of the effects on pedestrians’ behavior, through empirical observations, is proposed to get insight into actual behaviors after law amendment as a part of future work on the topic.

scholarly journals Who are we Trying to Protect? The Role of Vulnerability Analysis in New Zealand's Law of Negligence

2016 ◽  
Vol 47 (1) ◽  
pp. 19
Author(s):  
Scott William Hugh Fletcher
Keyword(s):  
New Zealand ◽  
City Council ◽  
High Court ◽  
North Shore ◽  
The Law ◽  
High Court Of Australia ◽  
Negligence Law ◽  
Insight Into ◽  
Consistent Application

New Zealand has incorporated ideas of vulnerability within its law of negligence for some years. It has not, however, clarified what is meant by vulnerability or the role the concept plays within the broader duty of care framework. Several obiter comments in Body Corporate No 207624 v North Shore City Council (Spencer on Byron) suggest the concept ought not to be part of the law due to its uncertain and confusing nature. Subsequent cases have, however, continued to use the concept, and continue to use it despite both its historically ill-defined nature and the additional uncertainty added by Spencer on Byron. This article argues that vulnerability can and ought to be a part of New Zealand negligence law. With a consistent application of a single test for vulnerability – that established in the High Court of Australia in Woolcock Street Investments Pty Ltd v CDG Pty Ltd – vulnerability can be conceptually certain and provide useful insight into the issues posed by the law of negligence.

scholarly journals Environment and Law, What Is the Indonesian Context? A Review Book 'Hukum Lingkungan Sebuah Pengantar untuk Konteks Indonesia', Prof. Dr. H. M. Hadin Muhjad, SH., M.Hum., PT Genta Publishing, Yogyakarta, 2015, 232 pages, ISBN: 978-602-1500-25-5

2021 ◽  
Vol 3 (1) ◽  
pp. 129-136
Author(s):  
Berlian Putri Haryu Lestari
Keyword(s):  
Natural Environment ◽  
Environmental Law ◽  
Legal Science ◽  
The Law ◽  
The Stability

 The environment consists of places or places, where there are various places of life such as the environment, natural environment, and others, in this book, explains that the environment is a place to live for the community, so do not be surprised if there are special requests or requests for the stability of nature. Direct Environment with nature, we can discuss the purpose of Environmental Law in this book because it has a language that is easily understood by every circumstance. In Chapter 1, this book explains about the Definition and Regulation of Environmental Law, What Is Environmental Law? According to this book, this proves that environmental law in a simple sense is the law that regulates the environmental order (Munadjat, 1980: 105). This book contains opinions about the term Environment that forms a new concept in Legal Science

The Science of Comparative Law

1939 ◽  
Vol 7 (1) ◽  
pp. 94-110 ◽  
Author(s):  
M. Schmitthoff
Keyword(s):  
Comparative Method ◽  
Comparative Law ◽  
The Other ◽  
Definite Function ◽  
Special Study ◽  
Legal Systems ◽  
Legal Problem ◽  
Positive Law ◽  
Legal Science ◽  
The Law

In the course of the recent revival of the study of Comparative Law, repeated attempts have been made to define the nature and province of this branch of the law. Some writers maintain that Comparative Law represents a method of study rather than a department of legal science. They point to the fact that the technique of comparing different legal systems can be employed in almost every branch of the law and that Comparative Law, unlike the branches of positive law, does not fulfil a definite function in the life of society. In particular, writers on jurisprudence and history such as J. Bryce, Holland and Professor Jenks are inclined to subscribe to this view. Among the jurists who have made a special study of Comparative Law, Professor Gutteridge and Professor Kaden are strongly in favour of this view. Professor Gutteridge says: ‘The comparative method lends itself to the study of any branch of legal learning.’ According to Professor Kaden, it is the province of Comparative Law to disclose the points of agreement and difference in the solution which is provided by several legal systems for the same legal problem. The learned writer denies, however, that it is the function of Comparative Law to found a system of legal abstractions on the results of factual comparison. On the other hand, a number of students of Comparative Law consider their subject as a special branch of the science of law. Professor Saleilles, Professor Lambert and Professor Rabel support this view.

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