scholarly journals Penal Sanctioning of Zoophilia in Light of the Legal Status of Animals—A Comparative Analysis of Fifteen European Countries

Animals ◽  
2020 ◽  
Vol 10 (6) ◽  
pp. 1024
Author(s):  
Szilvia Vetter ◽  
Anita Boros ◽  
László Ózsvári
Keyword(s):  
Comparative Analysis ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
European Countries ◽  
Country Rankings ◽  
Criminal Legislation

The criminal legislation regarding zoophilia and the legal status of animals were examined in 15 European countries. With regard to zoophilia, answers to the following questions were sought: are sexual acts performed with animals and the possession and distribution of animal pornography criminally punishable? Several aspects of the legal status of animals were examined including: (1) is the protection of individual animals included in the constitution, (2) do animals have a special status beyond mere objects, (3) can we find specific legislative provisions that explicitly state that animals are not simply things, and (4) does the legal system also take the “dignity” of animals into consideration. The assessment of zoophilia and the legal status of animals resulted in two country rankings, which the authors compared with each other. The correlation was not significant (p = 0.3147). At the same time, countries with differentiated criminal legislation for zoophilia were also 3.62 times more likely to rank higher in terms of the legal status of animals. The Swiss regulations are exceptional in both respects, while at the other end of the list, Italy does not have specific legislative provisions for either aspect.

scholarly journals The Legal Status of Archipelagos in the International Law of the Sea

2019 ◽  
Vol 2 (2) ◽  
pp. p189
Author(s):  
Maher Gamil Aboukhewat
Keyword(s):  
United Nations ◽  
International Law ◽  
Legal System ◽  
Legal Status ◽  
The Other ◽  
Law Of The Sea ◽  
Regional Security ◽  
United Nations Convention ◽  
Marine Areas ◽  
New System

The archipelagic States, which attempt to extend their control over the waters surrounding their islands, are demanding the establishment of a legal system for archipelagos in order to preserve their interests, their maritime wealth and their regional security. On the other hand, there are the great maritime States that hold on to the freedom of the sea and international navigation.The problems raised by the islands constituting the archipelago did not stand at the end of sovereignty disputes and their right to their own maritime areas, but many other problems were associated with the presence of archipelagic islands. The measurement of marine areas of archipelagic islands requires a description of how the baselines from which these areas are measured are to be drawn. Also, the measurement of marine areas of the islands of individual problems is different from those raised by the presence of the islands in the form of an archipelago. Drawing baselines also varies according to the archipelagic islands site, and whether they are located in front of the coast regions or at the entrances to the bays in these coasts, or were located in the sea or ocean.These problems remained subject to international controversy and tension until a new system of archipelagic State was adopted under Part IV of the United Nations Convention on the Law of the Sea in 1982, which represents a very important renewal of the international law of the sea.

Advance Health Care Directives: Towards a Coordinated European Policy?

2009 ◽  
Vol 16 (3) ◽  
pp. 207-227 ◽  
Author(s):  
Roberto Andorno ◽  
Susanne Brauer ◽  
Nikola Biller-Andorno
Keyword(s):  
Health Care ◽  
Comparative Analysis ◽  
Advance Directives ◽  
Legal Status ◽  
European Countries ◽  
European Policy ◽  
European Context ◽  
Article 9 ◽  
Advance Health Care Directives

AbstractThe aim of this paper is to compare the different existing approaches to advance health care directives within the European context, and to explore the possibility of reaching a deeper consensus among countries on this subject. To this end, it first discusses the shortcomings of Article 9 of the Council of Europe's Biomedicine Convention. Second, it offers a comparative analysis of the legal status of advance directives in a number of European countries. Finally, it presents the conclusions of an international interdisciplinary workshop focused on this topic that was held in Zurich in June 2008.

Comparative analysis of medical malpractice law

2019 ◽  
Vol 10 (2) ◽  
Author(s):  
Thi Bao Anh Nguyen
Keyword(s):  
Comparative Analysis ◽  
Medical Malpractice ◽  
Strict Liability ◽  
Medical Practitioner ◽  
Standard Of Care ◽  
The Other ◽  
European Countries ◽  
Future Directions ◽  
Malpractice Law

Abstract This research presents the background of medical malpractice law, the tort of negligence with fault, tor of negligence without fault and wrongdoer’s in Vietnam in comparison with medical malpractice laws of some European countries. Vietnamese medical malpractice law has some similarities and noticeable differences to the other European countries. In particular, Vietnam has faced the lack of very important regulations in accurately determining the misconduct of medical practitioner such as standard of care, loss of chance, and strict liability. We propose future directions of possible amendments in the Vietnamese medical malpractice law.

Considerations of Ethical Aspects of Control Strategies of Unowned Free-Roaming Dog Populations and the No-Kill Policy in Italy

2019 ◽  
Vol 1 (2) ◽  
pp. 216-229 ◽  
Author(s):  
E. Natoli ◽  
G. Cariola ◽  
G. Dall’Oglio ◽  
P. Valsecchi
Keyword(s):  
Capital Punishment ◽  
Legal Status ◽  
Control Strategies ◽  
The Other ◽  
European Countries ◽  
Ethical Aspects ◽  
Life Imprisonment ◽  
Ethical Debate ◽  
Italian Law ◽  
Better Than

Abstract The management of free-roaming dog populations is an important matter both for the local administrations that have to manage this problem and for the defenders of the animals’ rights. This review’s first objective is to analyse the legal status of the free-roaming dogs in some European countries. A second purpose of this work is to ask questions and to consider the ethical aspects of the already-existing strategies to control free-roaming dog populations. Italian Law no. 281, which was enacted in 1991, was intended to solve the problem of free-roaming dogs in Italy; at the same time, apparently in contradiction with this objective, the law called for a no-kill policy to be enforced throughout the whole national territory. Thus, for a dog that has no chances of adoption, the ethical debate has moved to the question of whether a “life imprisonment” is better than the “capital punishment”. In terms of ethical aspects of control strategies of free-roaming dog populations, we believe that the Italian national law, and its regional applications, are more functional than the other laws of Westernized countries, with the appropriate measures suggested and with a more accurate control on their application.

scholarly journals A COMPARATIVE ANALYSIS OF THE INSTITUTION OF CRIMINAL LIABILITY OF MINORS WITH FOREIGN COUNTERPARTS

2020 ◽  
pp. 31-37
Author(s):  
A.P. Detkov ◽  
E.P. Safonova
Keyword(s):  
Comparative Analysis ◽  
Legal Status ◽  
Criminal Liability ◽  
Cis Countries ◽  
A Minor ◽  
Criminal Legislation

In the criminal legislation of any state, the legal status of a minor includes many specific features. Thearticle provides a brief analysis of the institution of criminal liability of minors using the example of the EAEUmember countries and non-CIS countries.

scholarly journals Public calls for criminal offenses in post-Soviet countries (comparative analysis)

2021 ◽  
Vol 2 (16) ◽  
pp. 99-121
Author(s):  
Mykola Anatoliiovych Rubashchenko
Keyword(s):  
Comparative Analysis ◽  
Russian Federation ◽  
European Countries ◽  
Territorial Integrity ◽  
Distinctive Features ◽  
Common Features ◽  
Constitutional Order ◽  
Criminal Offenses ◽  
The Russian Federation ◽  
Criminal Legislation

The article provides a comparative analysis of the criminal legislation of post-Soviet countries in terms of criminalization of public calls to commit criminal offenses. The criminal codes of the following countries have been studied: Azerbaijan, Belarus, Armenia, Georgia, Estonia, Kazakhstan, Kyrgyzstan, Latvia, Lithuania, Moldova, the Russian Federation, Tajikistan, Turkmenistan and Uzbekistan. Common features of criminalization of public appeals in the named post-Soviet countries are established. Their distinctive features in comparison with the Ukrainian variant of regulation are defined. The list of subsequent crimes in the studied codes is not the same, but there are those whose public appeals are typical of the criminal codes of the vast majority of countries, namely – to: a) aggressive war, b) terrorist crimes, c) encroachments on the constitutional order and territorial integrity, d) mass riots. Unlike many European countries, the criminal codes of post-Soviet countries do not provide for universal types of public appeals (ie appeals to crime in general). The maximum of universalization here is calls only for crimes of a certain kind, for example, calls for terrorist crimes or crimes against the state. That is, it is mostly a case-by-case approach to the criminalization of public appeals – responsibility is established for public appeals to certain actions. In addition, the article draws attention to the following: a) the degree of punishment of public calls, that is, the penalties contained in sanctions (unqualified or «simple» public calls  are mostly punishable by up to 3 years in prison or up to 5 years), b) the differentiation of responsibilities (aggravating circumstances), c) system and placement of special types of public calls in the structure of special parts of criminal codes.

scholarly journals LE PRÉAMBULE DE LA CONSTITUTION COMME UN EXEMPLE D'UN TEXTE DE DROIT

2017 ◽  
Vol 30 ◽  
pp. 51-66
Author(s):  
Piotr PIEPRZYCA
Keyword(s):  
Legal System ◽  
The Other ◽  
European Countries ◽  
Legal Language ◽  
Legal Text ◽  
Form And Function ◽  
Legal Texts ◽  
History Of ◽  
Almost All ◽  
And Function

Preamble to the Constitution is a special type of legal text, which differs significantly from the other legislative texts, both in terms of vocabulary, syntax and semantics. This paper aims to make the characteristics of the legal language of the preamble to the Constitution – its content, form and function it plays in the legal system. The linguistic corpus is composed of over twenty preambles to constitutions of European countries. The results show that, despite some differences between the preambles of individual European countries, there are many features in common – almost all mention the values and principles, considered as fundamental to the nation, such as independence, freedom or democracy. Some preambles also refer to the history of the country or religion and to the person of God – both indirectly and directly. Despite the fact that the preamble in terms of language is not like other legal texts, it has the characteristics of a normative act.

scholarly journals Sourses of Criminal Law of some European Countries and Rules for the Application of Criminal Law in Time

2021 ◽  
Vol 58 (1) ◽  
pp. 1133-1137
Author(s):  
Zayniddin Ziyoviddinovich Shamsiddinov
Keyword(s):  
International Law ◽  
Criminal Law ◽  
Legal System ◽  
Criminal Code ◽  
European Countries ◽  
Legal Institutions ◽  
Legal Norms ◽  
Legal Science ◽  
The Republic ◽  
Criminal Legislation

 This article discusses the sources of criminal law in some European countries and the rules of timely application of criminal law. Study of different areas of law, legal institutions and legal norms in a legal system will help to find a solution to such issues that legal science and the legislature had to decide in particular issues related to the temporal application of criminal law. According to the Article 1 of the Criminal Code of the Republic of Uzbekistan the criminal legislation of the Republic of Uzbekistan is based on the Constitution and generally recognized norms of international law and consists of this Code[1]. From this it is clear that the only source of criminal law is the criminal code.

The Spanish Translation of Les Leçons de chimie élémentaire: On the Legal Status of Translation and its Various Values

2019 ◽  
Vol 16 (2-3) ◽  
pp. 201-215
Author(s):  
Tania P. Hernández-Hernández
Keyword(s):  
Complex Network ◽  
Latin American ◽  
Legal System ◽  
Legal Status ◽  
Spanish Translation ◽  
Cultural Economic ◽  
Translation Rights ◽  
International Legal System ◽  
Latin American Countries ◽  
Legal Battle

Throughout the nineteenth century, European booksellers and publishers, mostly from France, England, Germany and Spain, produced textual materials in Europe and introduced them into Mexico and other Latin American countries. These transatlantic interchanges unfolded against the backdrop of the emergence of the international legal system to protect translation rights and required the involvement of a complex network of agents who carried with them publishing, translating and negotiating practices, in addition to books, pamphlets, prints and other goods. Tracing the trajectories of translated books and the socio-cultural, economic and legal forces shaping them, this article examines the legal battle over the translation and publishing rights of Les Leçons de chimie élémentaire, a chemistry book authored by Jean Girardin and translated and published in Spanish by Jean-Frédéric Rosa. Drawing on a socio-historical approach to translation, I argue that the arguments presented by both parties are indicative of the uncertainty surrounding the legal status of translated texts and of the different values then attributed to translation.

The right to life: A comparative analysis of the relevant norms of the Constitutions of the Republic of Azerbaijan and Russian Federation

2020 ◽  
Vol 10 (1) ◽  
pp. 28-32
Keyword(s):  
Comparative Analysis ◽  
Death Penalty ◽  
Russian Federation ◽  
Practical Implementation ◽  
Right To Life ◽  
Human Right ◽  
The Russian Federation ◽  
The Republic ◽  
The Right ◽  
Criminal Legislation

The relevance of the work is determined by the fact that the right to life belongs to the basic constitutional human rights, therefore, its observance and protection is the duty of the state. Despite its undeniable importance, today the right to life anywhere in the world is not really ensured in sufficient quantities. The constitutional consolidation of the right to life raises a number of issues related to the concept, nature, legislative and practical implementation of this right. It should be noted that various aspects of the human right to life were considered in the scientific works of G.B. Romanovsky, O.G. Selikhova, T.M. Fomichenko, A.B. Borisova, V.A. Ershov and other Russian authors. The aim of the study is to study and comparative analysis of the legal content of the constitutional norm that defines the right to life, to comprehend and identify possible problems of the implementation of this right. To achieve this goal, this article discusses relevant issues of ensuring the right to life, proclaimed by Article 20 of the Constitution of the Russian Federation and Article 27 of the Constitution of Azerbaijan Republic. The results of a comparative analysis of these constitutional norms and the relevant norms of industry law allow us to determine, that there is no contradiction between Article 20 of the Constitution of the Russian Federation and the norms of the criminal legislation of the Russian Federation, which imply the death penalty as an exceptional measure of punishment, because a moratorium has been imposed on the death penalty in the Russian Federation since April 16, 1997. However, after the abolition of the death penalty in the criminal legislation of the Republic of Azerbaijan in 1998, there was a discrepancy between parts II and III of Article 27 of the Constitution of the Republic of Azerbaijan and the criminal legislation of Azerbaijan Republic that requires the introduction of the necessary changes in the content of the analyzed constitutional norm. The value of the work is determined by the fact that the introduction of appropriate changes will contribute to the further improvement of the Constitution of the Republic of Azerbaijan and the effective implementation of the right to life of everyone.

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