Some Statements Concerning the "Right to be Born"

Lex Russica ◽  
2021 ◽  
pp. 52-62
Author(s):  
N. N. Tarusina
Keyword(s):  
Legal Status ◽  
Civil Law ◽  
Biological Origin ◽  
Direct Form ◽  
Legitimate Interests ◽  
The Difference ◽  
Broad Interpretation ◽  
The Individual ◽  
The Right ◽  
Special Rights

The paper is devoted to the topical issues related to the implementation of the right of a proto-human (nasciturus, an unborn child) to be born and to the assumptions about the legitimate interests of general and special types consolidated in the legislation of a number of countries (constitutional law, civil law, criminal law). The Russian law protects such interests, at least to some extent, in indirect and direct forms. In the indirect form such interests are protected through the benefits and allowances for pregnant women provided under medical, labor, social security, and family legislation. Motherhood is encouraged through the instruments of financial, tax, housing law, and it is given special protection by criminal and penal legislation. In the direct form interests under consideration are protected through the establishment of opportunities under civil law for inheritance and compensation for the loss of a breadwinner. The author explains the difference between approaches to the problem of a legal status and legal capacity of the nisciturus under foreign and Russian laws. The paper provides for the reflections concerning the right to natural biological origin discussed in the doctrine and adjustment of its elements. Also, the paper examines special rights that, due to their purpose and content, are opposed to the right to be born, namely: the right to terminate pregnancy, the right to sterilization. The author emphasizes that not only the right to be born is limited by the lawmaker for objective and subjective reasons. Separate from this complex of interactions, although in connection with the act of the birth, the author analyzes the circumstances caused by the problem of the birth of a dead child. The author elucidates unsettled regulatory and enforcement decisions associated with the protection of the interests of the parents of such a child. The author focuses on inadmissibility of formal legal application of relevant legislation, on the need for its broad interpretation in favor of humanitarian, fair, ethically balanced enforcement of the right of the individual to private and family life.

International Law and its Impact on The Hijaz

The Hijaz ◽  
2018 ◽  
pp. 155-204
Author(s):  
Malik R. Dahlan
Keyword(s):  
Legal Status ◽  
The Self ◽  
Self Determination ◽  
Holy See ◽  
The Status ◽  
Unique Approach ◽  
The Difference ◽  
Nuanced Understanding ◽  
The Right ◽  
The Impact

Chapter 6 is an international legal examination of the status of The Hijaz in the aftermath of its conquest and absorption into a Saudi personal union. It discusses the impact of the 1933 Montevideo Convention on the Rights and Duties of States as well as the Territorial Principle. The Chapter tackles the legal question of secession and warns against the pitfalls of the ‘Self-Determination Trap’. It draws lessons from the difference between involuntary extinction of states as opposed to their creation. By looking at the cases of Czechoslovakia and Quebec it tackles the issue of ‘the Right to Secession by Agreement’. The Chapter reflects on lessons from Scotland, Catalan and Kurdistan highlighting that The Hijaz presents us with a delicate and nuanced understanding of ‘Internal Self-Determination’ and ‘Autonomy’ establishing, de facto, an international legal status of “Self-Determination Spectrum Disorder”. A special status calls for an active and special legal solution. The notion of a broader integrative role for The Hijaz and the broader Islamic world. The potential integrative institutionalization of The Hijaz is investigated bringing to bare a unique approach to self-determination that would entail coupling autonomy with international territorial administration. The propositions under this Chapter are supported by looking at other sui generis entities such as the Holy See being sovereigns without being states.

scholarly journals Creativity Versus Innovativeness: Exploring the Differences between the Two Constructs May Lead to Greater Innovation in Large Firms

2015 ◽  
Vol 10 (11) ◽  
pp. 83 ◽  
Author(s):  
John Cocco ◽  
Majdi Quttainah
Keyword(s):  
Motivational Orientation ◽  
Individual Level ◽  
Sustained Competitive Advantage ◽  
Starting Point ◽  
Seeking Behavior ◽  
Study Support ◽  
The Difference ◽  
Primary Focus ◽  
The Individual ◽  
The Right

<p>Several individuals from top management seem to be confused about the difference between creativity and innovativeness. Amabile (1997) suggests that while innovation begins with creative ideas, creativity by individuals and teams is only a starting point for innovation. Individual creativity is necessary but not sufficient to yield breakthrough innovation in organizations. This can sometimes cause confusion in employee development efforts and actions taken by management. Companies often look for ways to hire and retain creative employees and at the same time they are also interested in establishing a creative environment for knowledge workers… but should creativity be the primary focus? These firms hope that creativity enhancing steps will eventually lead to greater innovation and therefore help it to achieve sustained competitive advantage. This paper attempts to demonstrate that there are potentially other dimensions beyond creativity related to innovativeness, which should be considered at the individual level in order to foster innovation in firms. Empirical results in this study support the idea that intrinsic motivational orientation, sociability and political astuteness are enhancers to employee innovativeness while perfection seeking behavior detracts employee innovativeness. These findings may serve to extend Amabile’s (1997) componential framework to center on the “innovativeness” construct versus creativity to help explain how firms need to hire, cultivate and retain the right talent.</p>

Using Criminal Law to Enforce Statutory Employment Rights

2020 ◽  
pp. 53-69
Author(s):  
David Cabrelli
Keyword(s):  
Criminal Law ◽  
Civil Law ◽  
Health And Safety ◽  
Market Regulation ◽  
Legal Enforcement ◽  
Labour Market Regulation ◽  
Labour Standards ◽  
The Individual ◽  
The Right ◽  
Employment Rights

This chapter examines the current terrain of criminal law as a technique of labour market regulation. It identifies a range of possible interactions between the criminal law and civil law in the legal enforcement of labour standards. Sometimes fundamental labour rights, such as the right not to be unfairly dismissed or the right not to be discriminated against, are protected exclusively through a ‘private’ enforcement model at the initiative of the individual right-holder. Sometimes there will be exclusive enforcement through the criminal law with no private right of civil action, as under the Health and Safety at Work Act 1974. Finally, there may be mixed enforcement regimes where there is a combination of criminal and civil measures linked to specific statutory rights, as with the enforcement of the National Minimum Wage Act 1998.

The Criminal and Civil Law Concept of A Document

2017 ◽  
Vol 1 (1) ◽  
pp. 31-50
Author(s):  
Ewelina Zgajewska-Rytelewska
Keyword(s):  
Criminal Law ◽  
Legal Status ◽  
Civil Law ◽  
Legislative Power ◽  
Semantic Domain ◽  
Legal Document ◽  
Broad Interpretation ◽  
Definition Of ◽  
Func Tion

According to objective literature, in each of the foregoing areas of law, the term “document” has a different precision in the content used to perform a particular function, in order to obtain a certain probative and legislative power. Despite the extensive scope of the concept of civil and legal “document”, the legislature does not limit its semantic domain. The legal status created by the legislator allows for the adaptation of the term “document”, to the new terms used by the legislature in the definition of legal and regu- latory acts.The theoretical and broad interpretation of the term “document” in criminal law and civil law causes a significant increase in its mission and values. With the increase in meaning, there is also an increase in the func- tion of the document. This is the result of continuous technical and techno- logical development, which results in increasingly new forms of documents and their protection against counterfeiting, rewriting and unlawful use.

Liberty and the Common Law

1945 ◽  
Vol 9 (1) ◽  
pp. 2-16 ◽  
Author(s):  
Lord Wright
Keyword(s):  
Eighteenth Century ◽  
Common Law ◽  
Civil Law ◽  
The State ◽  
Roman Law ◽  
Case System ◽  
The Common ◽  
The Law ◽  
The Individual ◽  
The Right

In preparing the few and elementary observations which I am about to make to you tonight I have wondered if the title I chose was apt or suitable. The Common Law is generally described as the law of liberty, of freedom and of free peoples. It was a home-made product. In the eighteenth century, foreign lawyers called it an insular and barbarous system; they compared it to their own system of law, developed on the basis of Roman and Civil Law. Many centuries before, and long after Bracton's day, when other civilised European nations ‘received’ the Roman Law, England held back and stood aloof from the Reception. It must have been a near thing. It seems there could have been a Reception here if the Judges had been ecclesiastics, steeped in the Civil Law. But as it turned out they were laymen, and were content as they travelled the country, and in London as well, to adopt what we now know as the Case System, instead of the rules and categories of the Civil Law. Hence the method of threshing out problems by debate in Court, and later on the basis of written pleadings which we find in the Year Books. For present purposes, all I need observe is that the Civil Lawyer had a different idea of the relation of the state or the monarch to the individual from that of the Common Lawyer. To the Civil or Roman Lawyer, the dominant maxim was ‘quod placuit principi legis habet vigorem’; law was the will of the princeps. With this may be compared the rule expressed in Magna Carta in 1215: No freeman, it was there said, was to be taken or imprisoned or exiled or in any way destroyed save by the lawful judgment of his peers and by the law of the land. Whatever the exact application of that phrase in 1215, it became a text for fixing the relations between the subject and the State. Holdsworth quotes from the Year Book of 1441; the law is the highest English inheritance the King hath, for by the law he and all his subjects are ruled. That was the old medieval doctrine that all things are governed by law, either human or divine. That is the old doctrine of the supremacy of the law, which runs through the whole of English history, and which in the seventeenth century won the day against the un-English doctrine of the divine right of Kings and of their autocratic power over the persons and property of their subjects. The more detailed definition of what all that involved took time to work out. I need scarcely refer to the great cases in the eighteenth century in which the Judges asserted the right of subjects to freedom from arbitrary arrest as against the ministers of state and against the validity of a warrant to seize the papers of a person accused of publishing a seditious libel; in particular Leach v. Money (1765) 19 St. Tr. 1001; Entick v. Carrington (1765) 19 St. Tr. 1029; Wilkes v. Halifax (1769) 19 St. Tr. 1406. In this connexion may be noted Fox's Libel Act, 1792, which dealt with procedure, but fixed a substantive right to a trial by jury of the main issue in the cases it referred to.

scholarly journals Determining the responsibilities of inheritors

2021 ◽  
pp. 30-34
Author(s):  
A.V. Goncharova
Keyword(s):  
Property Rights ◽  
Legal Status ◽  
Time Of Death ◽  
The Will ◽  
The Subject ◽  
The Individual ◽  
The Right ◽  
Subjective Rights

Like subjective rights, responsibilities are part of the legal status of the individual. In the theory of state and law, duty is understood as a measure of proper conduct established by law. The peculiarity of the responsibilities of the heir is that at the time of acceptance of the inheritance, the heir passes not only the asset but also the liability. The heir who inherited the heir is liable for the debts of the testator. The exercise of the right to inherit primarily consists in the fact that the heir has the right to accept the inheritance or to refuse it. At the same time, it is not allowed to accept an inheritance with a condition or with any reservation. At the heart of the realization of the right to inherit - the will of the heir. The heir decides to accept the inheritance, to refuse it or not to accept the inheritance, based on their own interests. The freedom to renounce the inheritance is also manifested in the choice of the method of renunciation: either in favor of a particular heir, or without specifying such. At the time of death, the testator ceases to be the subject of any relationship, loses subjective rights and obligations. In turn, the heirs acquire property rights and subjective rights and obligations only with the passage of time. It is not possible to inherit only rights without fulfilling the obligations arising from the acceptance of the inheritance. It is also not possible to transfer the performance of one's duties to another person in order to be able to exercise one's inheritance right. To the heirs pass not only the rights of the testator, but also his responsibilities (translational succession), even if they were not specified in the will, because the inheritance is a universal succession. In universal succession, the whole set of rights and responsibilities of the testator's predecessor passes to the heir, except those that are closely related to the testator's personality. In this case, all components of this set belonging to the testator are transferred to a single act.

scholarly journals Gribas izpauduma nozīme tiesiska darījuma noslēgšanā

2021 ◽  
pp. 199-205
Author(s):  
Laura Kadile ◽  
Keyword(s):  
Free Will ◽  
Civil Law ◽  
Self Determination ◽  
Crucial Aspect ◽  
The Will ◽  
The Individual ◽  
The Right

The expression of will is a crucial aspect of lawful transaction in civil law. The will of the individual and its expression is significant in ensuring for the ability of an individual to enjoy and exercise his or her right to self-determination, as well as for the legal transaction to be recognized as valid. Only the transactions made by a person capable of expressing their free will and being able to be aware of the content and consequences of the legal transaction are in force. Therefore, the observation and assessment of such capacity is particularly important in view of the fact that, in circumstances where a person is unable to express his will freely, he may be denied the right to enter into a legal transaction, or, if the legal transaction has been concluded in circumstances where the individual has not been able to express free will, such transaction may be declared invalid.

scholarly journals Risks of genomic research

2019 ◽  
pp. 55-61
Author(s):  
A. A. Pestrikova
Keyword(s):  
Clinical Trials ◽  
Genetic Engineering ◽  
Legal Status ◽  
Legal Regulation ◽  
Genomic Research ◽  
Vitro Fertilization ◽  
Society Application ◽  
Legitimate Interests ◽  
The Right

The article considers the main achievements in the field of genetic engineering and biomedicine in the context of formation of the concept of legal regulation of relations in question. The article considers the issues of applying the human DNA editing technology considered by the Nuffield Council on Bioethics in July 2018. The author substantiates the necessity of determining the legal status of the embryo for its use in clinical trials of gene modifications. The paper considers the risks regarding the use of genetic engineering in relation to the person associated with the possibility of social inequality in the society, application of eugenistic approaches, and the probability of selecting the quality characteristics of embryos by parents resorting to in vitro fertilization. The author concludes that it is necessary to form national and international legislation that will protect the rights and legitimate interests of all subjects and will exclude circumvention of the law and abuse of the right. In addition, it is important to ensure international and public control over the use of the latest advances in genetic engineering and biomedicine prior to conducting clinical trials on humans.

scholarly journals Features Of Fundamental Rights In The Context Of The Philosophy Of Law

wisdom ◽  
2020 ◽  
Vol 14 (1) ◽  
pp. 159-165
Author(s):  
Lilit KAZANCHIAN
Keyword(s):  
Human Rights ◽  
Legal Status ◽  
Fundamental Rights ◽  
Philosophy Of Law ◽  
Structural Element ◽  
Legitimate Interests ◽  
The Government ◽  
The Individual ◽  
The Given ◽  
Distinguishing Features

The article explores the notion and peculiarities of fundamental rights of the individual in the modern, legal state. In the given research the author implements versatile, holistic, systematical (methodical) analysis of content and distinguishing features of the structural element of the concept “legal status of the individual”. Therefore, the theoretical and practical research of problems of development of fundamental human rights, gives an opportunity to find new solutions in protections of relations concerning the individual's legal status. This study is also focusing on various approaches of well-known jurists on the essence, content and legislative consolidation of the fundamental rights of the individual. Summering up the results of explored issues, we concluded, that in recent decades, the philosophy of law (with the theory of state and law) took under its active protection and guardianship man with his rights, freedoms and legitimate interests, and which have ceased to be the subject of national legislation’s regulation, and moved to the international legal platform. Consequently, the government is obligated to guarantee the fundamental human rights and freedoms. Hence, theoretical, methodological and practical analyze of problems of the individual's legal status and elaboration of  suggestions concerning enhancement of national legislation, is one of the most actual problems of jurisprudence.

scholarly journals Evolution of Individual Status in International Law

2018 ◽  
Vol 11 (4) ◽  
pp. 116
Author(s):  
Sayel Mofleh Momani ◽  
Maher Saleh Al-Jubouri ◽  
Noor Akef Al-Dabbas
Keyword(s):  
International Law ◽  
Legal System ◽  
Legal Status ◽  
Legal Person ◽  
Legal Personality ◽  
The Status ◽  
International Legal Order ◽  
The Individual ◽  
The Right ◽  
The Relationship

Each legal system has individuals who are addressed with its rules and that the legal rules of the legal system are designed to regulate the relationship between these individuals, and one individual can have legal personality in more than one legal system. The legal personality of these individuals is highlighted by the relationship between them and the legal system in which arranges for them rights and impose obligations on them. The rights and duties of a legal person are not the same; they vary from person to person within the same legal system, and vary from one legal system to another. With regard to the international legal order, it has its own international legal persons, foremost among them States. As for the individual, his legal status under general international law is still not clearly defined and is a subject of controversy among the jurists and interpreters of international law. We will present the position of international jurisprudence on the status of the individual in the first demand, the rules of international law that address individuals directly in a second demand, and the right to submit complaints and claims at the international level in a third demand.

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