scholarly journals Juridifcation of the Concept of “Artifcial intelligence” and the Limits of the Use of Artifcial Intelligence Technology in the Judicial Process

Lex Russica ◽  
2021 ◽  
Vol 74 (10) ◽  
pp. 137-146
Author(s):  
I. N. Spitsin
Keyword(s):  
Social Practice ◽  
Legal Regulation ◽  
Optimal Model ◽  
Judicial Process ◽  
Legal Concept ◽  
Scientific Discussion ◽  
Multidimensional Problems ◽  
Administration Of Justice ◽  
The One ◽  
Constant Characteristics

The active development of artificial intelligence (AI) technology poses the question of how to integrate this phenomenon into legal reality, about the limits of using this technology in social practices regulated by law, and ultimately about developing an optimal model of legal regulation of AI. The paper focuses on the problem of developing the legal content of the concept of AI, including some methodological and ontological foundations of such work. The author brings to the scientific discussion certain constant characteristics of AI that are significant for legal regulation, which, if adopted by the legal scientific community, could be used as a scientifically sound basis for constructing specific variants of legal regulation that meet the needs of a particular sphere of social practice. The author believes that the scientifically based legal concept of AI is largely able to determine the direction and scope of applied legal research on the multidimensional problems of using AI technology in social interaction practices, including in the administration of justice, to distinguish the legal issues and problems related to this from ethical, philosophical, technological and other issues.According to the author, the task of forming the legal concept of AI is not limited to the formulation of specific legal definitions and cannot be solved at this level. The result of the juridification of the concept of AI should be a set of unchangeable (constant) legal characteristics, while specific definitions of this term in regulations may differ depending on the needs of legal regulation practice. In the work on the formation of a legally significant concept of AI, it is proposed to abandon the descriptive essentialist approach aimed at identifying the essence of AI in favor of an ascriptive constructivist approach, which involves attributing to the content of the concept of AI those legal properties that, on the one hand, are significant for the purposes of legal regulation, and on the other hand, limit the limits of legal regulation.

scholarly journals The constitution as a (non) fundamental law for the authorities and society (on the specifics of Ukraine's newest constitutional process)

2019 ◽  
Vol 12 (2) ◽  
pp. 84-92
Author(s):  
Mykola Tomenko
Keyword(s):  
Indigenous Peoples ◽  
Public Debt ◽  
Radical Change ◽  
Optimal Model ◽  
Scientific Discussion ◽  
Social Legitimacy ◽  
Basic Law ◽  
Fundamental Law ◽  
The One ◽  
Full Adaptation

Despite the fact that the Ukrainian state since of June 28, 1996 has been living by its own Constitution, there is still a scientific discussion about optimal model of the Basic Law of Ukraine. In particular, one of the key problems is that specialists, scholars and constitutionalists are not involved in the process of discussing amendments to the Constitution and the creation of laws that would comply with the Constitution of Ukraine. It should also be noted that the Basic Law was usually changed not in the process of legislative evolution, but after the election of a new president. That can be attributed to the fact that the legal society has not formed from the very beginning due to respect for the Constitution and the need for full adaptation of legislation to it. Thus, to date, there are no constitutional laws, which are directly referred to in the Basic Law of the country. So far, there are no laws, "On the All-Ukrainian Referendum", "On the Local Referendum", "On the Imperative Mandate", "On the Procedure for Forming and Repaying Public Debt" and laws regulating the activities of the parliamentary coalition and opposition. The approval at the level of the Constitution also requires the Great State Emblem of Ukraine. It is also necessary to amend the Constitution, which will clearly regulate the procedure for entry into force of decisions adopted in all-Ukrainian and local referendums. The article states that in the process of Constitutional reform the Basic Law needs certain terminological clarifications, such as "indigenous peoples". The purpose of the article is to determinate at least three directions of the modern constitutional debate – conservative, evolutionary and revolutionary ways. It is proved that the revolutionary initiatives of the authorities in the matter of radical change of the Con\stitution have no professional justification and social legitimacy. Conservative and evolutionary approaches have been proposed and taken as their basis, which presupose, on the one hand, the importance of promoting respect for the Constitution and the need for its implementation, and, on the other, a professional and socially sensitive approach to amendments to the Constitution.

scholarly journals Artificial Intelligence in the Administration of Justice: Theoretical Aspects of the Legal Regulation (Articulation of the Issue)

2020 ◽  
Vol 15 (8) ◽  
pp. 96-107
Author(s):  
I. N. Spitsin ◽  
I. N. Tarasov
Keyword(s):  
Artificial Intelligence ◽  
Critical Analysis ◽  
Public Life ◽  
Legal Regulation ◽  
Legal Issues ◽  
Legal Capacity ◽  
Legal Concept ◽  
Academic Literature ◽  
Technological Characteristics ◽  
Administration Of Justice

Prospects of the use of artificial intelligence (AI) in the administration of justice actualize a set of legal issues that are not only applied but also theoretical in nature, including the issue of the formation of the legal concept of “artificial intelligence” for the purposes of legal regulation. The legal academic literature describes a tendency to attribute signs of subjectivity to artificial intelligence, in connection with which the paper attempts to carry out a critical analysis of foundations of such approach. The authors explain inadmissibility of inclusion of such a characteristic as a legal capacity in the concept of “artificial intelligence.” They also argue that in jurisprudence it is useless to apply definitions of artificial intelligence based on the description of technical-technological characteristics because it has no influence on the legal regulation. The incorporation of artificial intelligence as a sociocultural phenomenon into legal reality requires either an independent term for its designation in the field of law or the filling of this concept with a specific legal content. The development of such content should be carried out within the framework of the paradigm of the legal science, since the use of categories and definitions of other branches and spheres of public life without being adopted to the legal field, is unlikely to be effective for the regulatory purposes.

El Prestige: comparativa de los regímenes internacionales de responsabilidad civil

2019 ◽  
Vol 37 (3) ◽  
pp. 31
Author(s):  
Raquel Fernández González ◽  
Marcos Íñigo Pérez Pérez
Keyword(s):  
Institutional Economics ◽  
Geographical Area ◽  
New Institutional Economics ◽  
Rigorous Analysis ◽  
Judicial Process ◽  
Main Research ◽  
Civil Responsibility ◽  
The One ◽  
High Degree ◽  
The Prestige

The return of institutions to the main research agenda has highlighted the importance of rules in economic analysis. The New Institutional Economics has allowed a better understanding of the case studies that concern different areas of knowledge, also the one concerning the management of natural resources. In this article, the institutional analysis focuses on the maritime domain, where two large civil liability regimes for pollution coexist (OPA 90-IMO), each in a different geographical area (United States - Europe). Therefore, a comparative analysis is made between the two large regimes of civil responsibility assignment applying them to the Prestige catastrophe. In this way, the allocation and distribution of responsibilities in the investigation and subsequent judicial process of the Prestige is compared with an alternative scenario in which the applicable compensation instruments are governed by the provisions of the Oil Polution Act of 1990 (OPA 90), in order to establish a rigorous analysis on the effects that the different norms can have in the same scenario. In the comparative established in the case of the Prestige, where the responsibilities were solved very slowly in a judicial process with high transaction costs, the application of rules governed by the OPA 90 would not count with such a high degree of imperfection. This is so, since by applying the preponderance of the evidence existing in OPA 90 there would be no mitigation for the presumed culprits. On the other hand, the agents involved in the sinking would not be limited only to the owner, but also that operators or shipowners would be responsible as well. In addition, the amount of compensation would increase when counting in the damage count the personal damages, the taxes without perceiving and the ecological damage caused in a broad sense, damages not computable in the IMO.

INSTITUTE OF TRIAL BY JURY IN THE RUSSIAN EMPIRE: ORIGIN AND DEVELOPMENT

2020 ◽  
Author(s):  
Rafael Komiljonov
Keyword(s):  
Russian Empire ◽  
Jury Trial ◽  
Judicial Process ◽  
The Past ◽  
Russian State ◽  
Administration Of Justice ◽  
Jury System ◽  
The Russian Empire ◽  
The Moment

The article examines the Genesis of the institution of jury trial in the Russian Empire from the moment of its introduction to the end of the Provisional government. It is noted that the emergence of a trial with the participation of jurors was influenced by Western models of the judicial process, and the forms of participation of citizens in the administration of justice that previously existed on the territory of the Russian state were taken into account. The role that the jury system has played with some success in the search for truth, justice, and the implementation of effective and independent justice in the past centuries is particularly highlighted.

“Judicial Law-making”: Pro et Contra

2020 ◽  
Vol 2 (1) ◽  
pp. 7-35
Author(s):  
V. V. Ershov ◽  
Keyword(s):  
Judicial Process ◽  
Social Phenomena ◽  
Scientific Discussion ◽  
Ex Post ◽  
New Concepts ◽  
Judicial Lawmaking ◽  
The Law ◽  
Legal Understanding ◽  
Developing System ◽  
Law Making

Introduction. As a result of the application in scientific research of descriptive and objectiveteleological methods of studying legal phenomena, a number of foreign and Russian scientists often describe only truly objectively existing legal phenomena, including “judicial law-making”. Theoretical Basis. Methods. From the position of scientifically grounded concept of integrative legal understanding, according to which the system of law first of all synthesizes only the principles and norms of law contained in a single, multi-level and developing system of forms of national and international law, implemented in the state, the article concludes that it is possible to highlight two types of “judicial law-making” in the special literature: “moderate” and “radical” types of “judicial law-making”. Results. “Moderate judicial law-making” is allowed only outside the law, its results are not binding on other courts, as the “norm” created by the court is only applicable ex post, only to a particular dispute and is not binding on other courts. In the opinion of the author of the article, this result of “moderate judicial law-making” is theoretically more reasonable to be considered as a kind of wrong – as “court positions” obligatory only for participants of individual judicial process, developed in the process of consideration and resolution of individual dispute as a result of interpretation of principles and norms of law. Discussion and Conclusion. Researchers – supporters of the “radical” type of “judicial lawmaking” allow the development of “judicial precedents of law” “through the law, beyond and against the law” (contra legem).It seems to the author that this type of “judicial lawmaking” is based on the scientific discussion concept of integrative legal understanding, according to which the heterogeneous social phenomena – right and wrong – are synthesized in the unified system of law (for example, law and individual judicial acts, including those containing specific positions of the court).New concepts and their definitions have been introduced into scientific circulation. The author concludes that the “radical” kind of “judicial law-making” is theoretically debatable, and practically counterproductive.

Language as social practice

2008 ◽  
Vol 7 (1) ◽  
pp. 53-70 ◽  
Author(s):  
Mohammad Amouzadeh
Keyword(s):  
Social Life ◽  
Social Practice ◽  
Social Power ◽  
Analytical Investigation ◽  
Socially Constructed ◽  
Discourse Processes ◽  
Third Stage ◽  
The Media ◽  
Stage Development ◽  
The One

This paper aims to investigate the language used by newspapers in post-revolutionary Iran. More precisely, the paper sets out to analyze how such a language is deployed to represent relevant hegemonic ideologies. The approach adopted for this purpose draws inspiration mainly from critical linguistics, where it is hypothesized that, as far as the pertinent metadiscourse goes, media genres serve to activate and perpetuate social power relations. In keeping with this theoretical stance, the paper argues that socially constructed texts can be said to perform two complementary functions; on the one hand, they shed light on the realities experienced in social life; on the other, they reveal such aspects of those realities as are constructed through the use of language. It is thus in this context that the media language used in the post-revolutionary Iran lends itself to analytical investigation, where the available data reveal the co-existence of three competing discourse processes of ‘Islamization’, ‘Iranian Nationalism’ and ‘Western liberalism’, relating to the third stage development of post-revolutionary Iran.

Zur Entstehung und Entwicklung des begriffes „Konzept“ in der kognitiven Semantik

2021 ◽  
pp. 251-259
Author(s):  
Nedas Jurgaitis ◽  
Keyword(s):  
Middle Ages ◽  
Cognitive Linguistics ◽  
Word Meaning ◽  
Cognitive Semantics ◽  
Subjective Perception ◽  
Scientific Discussion ◽  
European Languages ◽  
The One ◽  
Meta Analyses ◽  
Linguistic Units

The present article deals with the genesis of the notion “concept” in German cognitive semantics. The aim of the study is to present the origin and development of the notion “concept” from a diachronic perspective. The genesis of the notion “concept” in linguistics, particularly cognitive semantics, is an object of discussion. It reveals a connection between ancient ideas about word meaning and trends in modern linguistics. The roots of the notion can be traced back to ancient Greek philosophy – the concept debuts as a primal notion of mental experiences in Aristotle’s writings. However, the controversial translation of ancient works leaves room for scientific discussion regarding the prototype of the notion. In the Middle Ages, the word concept originated in European languages from Latin, later establishing itself in scientific discourse through the influence of Neo-Scholasticism, Frege’s conception of logic and the semiotic triangle, as well as the principle of the arbitrariness of linguistic signs. Finally, the notion concept gains importance in the transition from objective to the subjective perception of the meaning of linguistic units (the shift from structuralism to cognitivism) and becomes under the influence of cognitive psychology, the central term in cognitive linguistics in the 1970s and 1980s. The unconventional use of the notion in linguistic studies, on the one hand, makes meta-analyses of the semantics of certain concepts more difficult; on the other hand, it favours disciplinary and methodological diversity in today’s linguistic research.

A case of murder in eighteenth-century Mongolia

1969 ◽  
Vol 32 (1) ◽  
pp. 71-90
Author(s):  
C. R. Bawden
Keyword(s):  
Eighteenth Century ◽  
Sources Of Information ◽  
Criminal Cases ◽  
General Outline ◽  
Official Document ◽  
The Social ◽  
Administration Of Justice ◽  
Local Officials ◽  
Law And Justice ◽  
The One

In general outline the pattern of government in Outer Mongolia during the Manchu dyasty in not unfamiliar and it is a well-known fact that there was no judiciary as such, the administration of justice being only one of the various duties of local officials at various levels. A certain amount of work has been done on problems of law and justice, but there remain many problems of detail to be both raised and commented upon. Two lines of inquiry are open. On the one hand it is instructive to see how the processes of investigation and trial worked—how an alleged offence came to offical notice, who investigated, how evidence was recorded, what instances a case passed through, and how, and on what legal basis, it was disposed of. Other closely related technical questions concern the form and language of official documents. On the other hand, examination of criminal cases will afford insight into the social status, living conditions, and perhaps the psychology, of the persons concerned. It is in fact largely through the medium of legal and other official documents that we shall glean whatever information there is to be had about the day to day lives of individual persons in Mongolia under the Manchus, since other sources of information—journalism, biography, fiction, letters, memoirs, and so on—are non-existent. Apart from reports of criminal cases, some of which have been dealt with in model fashion by Klaus Sagaster, much information can be found in other types of official document, such as complaints submitted by ordinary people against officials, but in the present article we shall be concerned exclusively with the report of one criminal case dating from the late eighteenth century.

scholarly journals Financial and legal basis of the activities of the united territorial communities

2021 ◽  
pp. 54-58
Author(s):  
Ye. Ananieva
Keyword(s):  
Public Relations ◽  
Public Administration ◽  
Legal Regulation ◽  
Regional Governance ◽  
Budget Process ◽  
Scientific Publications ◽  
Scientific Discussion ◽  
Modern Economy ◽  
European Standards ◽  
Constituent Elements

Problems of legal regulation of local finances are considered in the works of lawyers, economists, sociologists, public administration specialists, from different positions of their formation, distribution and use in public relations, but in modern conditions of budgetary relations, namely – formation of budgets of united territorial communities, introduction of decentralization in regional governance, administrative reform, orientation of Ukraine to European standards and values of life, the concept of legal regulation of local finances, in particular, budget relations needs to be updated. Scientific publications investigate the problems of defining local finances as a basic basis for local government, which ensures the reproduction of the budget process and the development of regions, their constituent elements and purpose. However, at present the scientific discussion on the legal significance of local finances, their constituent elements, sources of formation and use continues, because in the modern economy a significant part of financial resources is formed and redistributed through budgets, which include budgets of united territorial communities. which, finally, as a legal institution is not defined. The development of local self-government from the standpoint of the government’s proposed decentralization of power provides for the purpose of creating high-quality living conditions for citizens, providing them with the necessary public services, development of material and social base of the region. These tasks are implemented in the presence of appropriate economic development of the territory, its financial support, which depends on the sources of budget and extrabudgetary funds and areas of their use.

scholarly journals Nemzetközi kitekintés az első szakképzési törvény korszakáról

2019 ◽  
Vol 6 (1) ◽  
Author(s):  
István Lükő
Keyword(s):  
Legal Regulation ◽  
The Political ◽  
Training Centre ◽  
25Th Anniversary ◽  
International Dimension ◽  
Political Events ◽  
New Directions ◽  
The Law ◽  
The Government ◽  
The One

A cikk a szakképzési törvény megjelenésének 25. évfordulója alkalmából rendezett „25 éves a szakképzési törvény - Korszakos változások - új irányok” című konferencia előadása alapján készült, amelyet a szerző vezette Az első szakképzési törvény gazdasági- társadalmi környezete nemzetközi kitekintésbe című Panel keretében tartott.Ez a negyedszázados esemény a társadalmi-gazdasági szinten zajló rendszerváltás fontos része volt a másik két oktatási alrendszer törvényi szabályozásával együtt.Az írás ezt a korszakot, illetve a törvényhez kapcsolódó gazdasági-társadalmi környezetet mutatja be nemzetközi kontextusban.A téma elvi-elméleti felvezetéseként a szerző áttekinti a különböző szempontok és léptékek szerinti szakképzési modelleket, amelyek a világban fellelhetők. The government formed after the political events in 1989 considered the comprehensive transformation of the educational system, primarily by legal regulation, as one of their main tasks. After years of preparation, the three acts on education were passed in 1993, including the Act on VET. Several documents, e.g. the National Qualification Registry, are connected to this law; in this article I have undertaken to examine these connections and to make comparisons to other countries. On the occasion of the 25th anniversary of the law taking effect, on May 5th 2018 the Hungarian Association for Pedagogy and the Teacher Training Centre of the BME organized a monumental conference titled The Law on VET becomes 25 years old – Epochal changes – new directions in Budapest at the BME. After the plenary sessions, five panels were held – I was the moderator of the one titled: The socio-economic environment of the first VET act in an international dimension, and I held a short lecture here with a similar title. 

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