scholarly journals On Finding Yourself in a State of Nature

2019 ◽  
Vol 5 (3) ◽  
Author(s):  
Jordan Pascoe
Keyword(s):  
Pregnant Women ◽  
Reproductive Rights ◽  
Legal Framework ◽  
Sexual Consent ◽  
Epistemic Authority ◽  
Legal Definition ◽  
Abortion Rights ◽  
Ideal Approach ◽  
Definition Of ◽  
The Right

I defend the right to an abortion at any stage of pregnancy by drawing on a Kantian account of consent and innate right. I examine how pregnant women are positioned in moral and legal debates about abortion, and develop a Kanitan account of bodily autonomy in order to pregnant women’s epistemic authority over the experience of pregnancy. Second, I show how Kant's distinction between innate and private right offers an excellent legal framework for embodied rights, including abortion and sexual consent, and I draw on the legal definition of sexual consent in order to show how abortion discourse undermines women's innate right. I then explore Kant’s treatment of the infanticidal mother, and draw out the parallels between this case and contemporary abortion rights in order to develop a distinctly Kantian framework of reproductive rights in non-ideal conditions. Finally, I explore the implications of this non-ideal approach for contemporary abortion discourse, arguing that debates about the legality of abortion should more broadly engage the barbaric conditions of reproductive injustice.

Rights of the Child

2017 ◽  
Author(s):  
Asha Bajpai
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal Framework ◽  
Civil Society Organizations ◽  
Legal Definition ◽  
Rights Of The Child ◽  
The Government ◽  
Definition Of

The chapter commences with the change in the perspective and approach relating to children from welfare to rights approach. It then deals with the legal definition of child in India under various laws. It gives a brief overview of the present legal framework in India. It states briefly the various policies and plans, and programmes of the Government of India related to children. International law on the rights of the child is enumerated and a summary of the important judgments by Indian courts are also included. The chapter ends with pointing out the role of civil society organizations in dealing with the rights of the child and a mention of challenges ahead.

scholarly journals THE PROBLEM OF DETERMINING THE LEGAL REGIME OF “DISPUTED” REAL ESTATE: THEORETICAL AND PRACTICAL ASPECTS

2021 ◽  
pp. 19-24
Author(s):  
N.A. Pronina ◽  
T.N. Platunova ◽  
S.O. Kostyakova
Keyword(s):  
Real Estate ◽  
Russian Federation ◽  
Civil Law ◽  
Property Right ◽  
Legal Regime ◽  
Land Plot ◽  
Legal Definition ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article raises the following topical problems currently inherent in the institution of real estate in theRussian Federation: the unsuccessful legal definition of a real estate object, enshrined in Art. 131 of the CivilCode of the Russian Federation; qualification of objects as immovable and, accordingly, delimitation of themfrom movable ones; the emergence of objects with a controversial legal regime; the need to move from themodel of “plurality” to the model of “unity” of real estate objects. Also, the authors of this article analyzea number of approaches aimed at resolving the above problems and the possible consequences (both positiveand negative) of their implementation in practice, put forward their views and offer their own solutionto these problems. A variant of the legalization of “disputable” objects is proposed by introducing the rightof construction into the civil law of the Russian Federation as a limited property right to use a land plot withthe extension of this right to everything that is being built on such a land plot. The examples of legislativeregulation of the right to build in the civil law of pre-revolutionary Russia are considered, the elements of theright to build in the current law of the Russian Federation are revealed.

Defining and Delineating the Right to Reproductive Choice

1998 ◽  
Vol 67 (1) ◽  
pp. 77-95
Author(s):  
Keyword(s):  
Human Rights ◽  
Reproductive Rights ◽  
International Human Rights Law ◽  
Reproductive Choice ◽  
Equal Rights ◽  
International Human Rights ◽  
Role Of The State ◽  
International Human ◽  
Definition Of ◽  
The Right

AbstractWhile the notion of a prescribed set of `reproductive rights' has been advanced in various contexts, particularly in the agendas for action adopted at the United Nations conferences held in Cairo (1994) and Beijing (1995), these rights as a group remain controversial. This can be partly explained by their poor definition and often tenuous legal grounding, opening the door to easy criticism. Clarification of the essential content and scope of protection offered under existing international human rights law would be helpful. In this article, the definition of reproductive rights in the Beijing Platform for Action is critically scrutinized, leading to the conclusion that only four of the so-called `reproductive rights' are provided in existing international human rights instruments. These four may be seen as forming a bundle of inseparable rights which the author refers to as the composite right to reproductive choice. The special conflict which can arise between two members of a couple who, while bearing equal rights to reproductive choice, may hold differing views and have opposing desires regarding reproduction is also examined, specifically in relation to the role of the State in resolving the potential for the violation of one individual's right to reproductive choice by another individual.

scholarly journals Rights of Interior Decoration Designer "A study in Light of UAE Federal Law No. 7 of 2002 on the Protection of Copyright and Neighboring Rights”

2019 ◽  
Vol 12 (2) ◽  
pp. 61
Author(s):  
Nada Zuhair Al – Feel
Keyword(s):  
Historical Development ◽  
Architectural Design ◽  
Legal Protection ◽  
Legal Framework ◽  
Federal Law ◽  
Interior Decoration ◽  
Definition Of ◽  
The Right ◽  
Technical Framework

This study includes the answer to the question that may be raised regarding the possibility of considering the design of the interior decoration as classified as protected works in the UAE law, and the consequent enjoyment by the designer of the literary and financial rights of the author. Paragraph 11 of UAE Federal Law No. 7 of 2002 on the protection of copyright and related rights refers to the design of decoration as one of the examples of the technical works mentioned by the legislator. The answer to the questions raised in this study is divided into two axes: the first is the technical framework and guarantee the historical development of the design, the role of the Arab design in the development of the design of the decoration and the definition of the designer and distinguish it from the architectural design. The second axis included the legal framework and included the conditions that must be met in the decoration design in order to enjoy legal protection, the rights of the decorator and then the legal protection of the right of the decorator.

scholarly journals The problems of improving the legal framework in combating extremism

2018 ◽  
Vol 55 ◽  
pp. 02012
Author(s):  
Arthur Burinov ◽  
Lydia Burinova ◽  
Altana Noyanova
Keyword(s):  
Final Section ◽  
Research Paper ◽  
Legal Framework ◽  
European Countries ◽  
Legal Definition ◽  
Definition Of

This research paper explores the importance of legal definition of the terms “extremism” and “extremist activities”. It reviews a few specific measures announced and adopted by some European countries with extensive counterextremism experience. In the final section, a number of concluding thoughts and recommendations are offered, which express the researchers’ view of combating extremism by improving the legal framework.

Elements for a Legal Definition of Commercial Banking: A Comparative View

1981 ◽  
Vol 16 (4) ◽  
pp. 499-515 ◽  
Author(s):  
Ricardo Ben-Oliel
Keyword(s):  
Commercial Banking ◽  
Legal Rule ◽  
The Public ◽  
Legal Definition ◽  
On Demand ◽  
High Commissioner ◽  
Banking Business ◽  
Economic Reality ◽  
Definition Of ◽  
The Right

In 1941, the Banking Ordinance enacted by the High Commissioner of Palestine defined “banking business” as the “business of receiving from the public on current account money which is to be repayable on demand by check, and of making advances to customers”. The most recently enacted Israeli Banking Law (Licensing), 1981 contains a very extensive definition of banking business which includes no less than thirteen types of transactions.This certainly reflects a new legal approach towards the economic reality of banking which in and of itself has not changed drastically. Moreover, the peculiar dynamics of the banking business also inspired the legal rule that the Governor of the Bank of Israel should have the right to enlarge the legal definition by recognizing the banking character of other transactions.

scholarly journals Leaving No Stones Unturned: The Evolving Role of Refugee Legal Framework in Protection of Victims of Trafficking

2012 ◽  
pp. 115-133
Author(s):  
Yugichha Sangroula
Keyword(s):  
Legal Framework ◽  
Illegal Immigrants ◽  
Burden Sharing ◽  
General Definition ◽  
Legal Assistance ◽  
Migratory Patterns ◽  
Legal Frameworks ◽  
Definition Of ◽  
The Right

The proliferation of transnational crimes has made protection of victims of trafficking all the more imperative. However, as the general definition of a victim is hazed by surfacing mixed migratory patterns, legal frameworks on their protection have become unaccommodating to some victims. The role of refugee legal framework in such circumstances for added and/or supplementary protection of such victims is very consequential and the nexus between these areas is not uncanny. Whether be it the vulnerability of refugees to be trafficked or the legitimate claim of victims of trafficking on voluntary repatriation or non-refoulement that gives rise to asylum claim, adducing refugee legal framework has become essential. There needs to be burden-sharing arrangements among the countries of origin, transit and destination and concerned agencies such as UNHCR and IOM to provide utmost legal assistance to the victims of trafficking. The obligation to protect demands states to refrain from treating the victims of trafficking as illegal immigrants and any denial of protection should be reasonably justified, including the right to asylum on well-founded grounds of persecution. States are also obligated to address the challenges persistent in the concerned area.

scholarly journals Definition of the ‘right of an individual to information regarding himself’

2021 ◽  
Vol 66 ◽  
pp. 108-112
Author(s):  
S. Teleshev
Keyword(s):  
Information Society ◽  
Rapid Development ◽  
Civil Law ◽  
Legal Framework ◽  
National Standards ◽  
Way Of Life ◽  
Legal Science ◽  
New Information ◽  
Definition Of ◽  
The Right

The rapid development of the information society, a certain dependence of people on the modern way of life and not keeping up with the constantly emerging new types of actual legal relations, outdated rules of law, the legal science in civil law regulation of information rights requires some changes, improvements, adding of the new terminology.One of these types of “new” information rights is the right of an individual to information regarding himself.In this research, the author analyzes the current legislation of Ukraine on the existing rights of individuals to information regarding themselves, does the comparative analysis of the conceptual legal framework of US, Canada, China, Australia and South Africa with national standards for the implementation and protection of individuals’ rights to information regarding themselves.The author defines a universal and generalizing concept of the right of an individual to information regarding himself, its characteristics as a subjective right that meet modern challenges and current requirements of legal science, form an idea of the content of this right, and draw conclusions about the need for careful and in-depth studying of this type of right and further implementation it in the legislation.

scholarly journals The Effectiveness of Counteracting Extremism

2019 ◽  
Vol 13 (5) ◽  
pp. 803-815 ◽  
Author(s):  
Diana Stepanenko ◽  
Mikhail Mushinskiy
Keyword(s):  
National Security ◽  
Weak Links ◽  
Virtual Absence ◽  
Legal Definition ◽  
Working Definition ◽  
Social Landscape ◽  
Different Types ◽  
The Russian Federation ◽  
Definition Of ◽  
The Right

The article discusses the counteraction to one of the negative phenomena in modern Russian political and social landscape — terrorism. In spite of the measures that are currently taken against the cases of extremism, this issue remains urgent. Two interconnected factors reduce the effectiveness of counteracting extremism: 1) flaws in the system of sources of law, namely, insufficient strategic planning, systemic gaps in the anti-extremism legislation, weak links between its elements and the normative legal acts of relevant branches of law; 2) virtual absence of a legal definition for the basic concept of «extremism». The authors examine these factors and give recommendations on improving the effectiveness of counteracting extremism. According to them, it is necessary to develop a national security doctrine for the Russian Federation, whose integral part should be the theoretical basis of counteracting different types of extremism as one of the threats to national security. Next step would be to use this doctrinal base to develop the concept of ensuring national security, which will have an anti-extremism section. Only then should specific strategies be developed, and the legislation should be adjusted in accordance with them. The authors note that it is necessary to formulate the legal definition of the concept of «extremism», which would include its essential features and encompass all major manifestations, and stress that clearly described features of the phenomenon, which are united within one definition, should form the basis that the judges use to identify some actions, organizations or materials are extremist. In this connection, the right solution is not the rejection of the legal category of «extremism», but its more precise definition, provision of terminological clarity and accuracy, its consistent separation from adjacent legal categories, primarily, from the concept of «terrorism». The authors present a working definition of the concept of «extremism».

scholarly journals The Natural Right To Parody: Assessing The (Potential) Parody/Satire Dichotomies In American And Canadian Copyright Laws

2018 ◽  
Vol 35 ◽  
pp. 69-98
Author(s):  
Amy Lai
Keyword(s):  
Free Speech ◽  
Natural Law ◽  
Freedom Of Expression ◽  
Natural Right ◽  
Legal Definition ◽  
The Core ◽  
Copyright Laws ◽  
American Law ◽  
Definition Of ◽  
The Right

This paper argues that the right to expressing oneself through parodies should constitute part of the core freedom of expression of a normative copyright regime. By drawing upon natural law legal theories, the paper proposes a legal definition of parody that would help to bring the copyright jurisprudence of a jurisdiction more in line with its free speech tradition. It argues that a broad parody definition, one that encompasses a great variety of expressive works but would not compete with the original and its derivatives in the market, is preferable to a narrow one. The paper then explains why the parody defence in American law and the parody exception in the Canadian copyright statute should follow the proposed parody definition, which would properly balance the rights of copyright owners with those of users.

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