Datenmacht

2021 ◽  
Author(s):  
Simon Deuring
Keyword(s):  
Case Studies ◽  
Legal System ◽  
Industry 4.0 ◽  
Technological Development ◽  
Free Market ◽  
Balance Of Power ◽  
Cost Reductions ◽  
New Business ◽  
The Law

Data shifts the balance of power in the economy dramatically. However, digitisation also offers a multitude of opportunities: the development of new business areas, cost reductions and personalised offers. The increasing speed of technological development forces the legal system to tread on thin ice. Is the key in a regulated or free market? The book shows risks and opportunities of both options, as well as the strengths and weaknesses in European and national law. By using the latest case studies and entering new areas of the law, the book explores the question of how the Industry 4.0 should be designed.

Free Blacks and Coloreds and the Administration of Justice in Eighteenth-Century Curaçao

2010 ◽  
Vol 84 (1-2) ◽  
pp. 63-86 ◽  
Author(s):  
Han Jordaan
Keyword(s):  
Eighteenth Century ◽  
Early Modern ◽  
Case Studies ◽  
Legal System ◽  
Daily Practice ◽  
Free Blacks ◽  
Administration Of Justice ◽  
The Law

Two case studies show the daily practice of justice regarding free Blacks and Coloreds in Curacao and the functioning of the early modern Dutch legal system pertaining to colonial and slavery-related matters. According to the author, both cases reveal that the application of the law, when free non-Whites were involved, was apparently open to interpretation and that there was a divergence in this respect between the colony and the metropole. Author assesses this conflict between the theory of the law and the practice of the administration of justice in the colonies.

scholarly journals The Application of Artificial Intelligence as Evidence in the Court

2021 ◽  
Vol 5 (2) ◽  
Author(s):  
I Ketut Sukewati Lanang Putra Perbawa
Keyword(s):  
Artificial Intelligence ◽  
Problem Solving ◽  
Industry 4.0 ◽  
Technological Development ◽  
The Other ◽  
Procedural Law ◽  
The World ◽  
Valid Evidence ◽  
The Law ◽  
The Government

Revolution Industry 4.0 is one of the biggest era in this century, because in this era the big technological development happening around the world with some of the creation is Artificial Intelligence. Artificial Intelligence is one of the technology that exist in the world and can resembles like a human in the other hand Artificial Intelligence can do what actually human do for example Learning, Planning, Critical Thinking, Problem Solving, any many more. Therefore several countries using it in the court. Artificial Intelligence use it as evidence to prove some case and made prosecutor, judge and lawyer easier to work. However, in Indonesia there wasn’t the law about Artificial Intelligence therefore it would be difficult to use it in the court as evidence because according to several sources in procedural law there are some valid evidence that can only use in the court. However, the crime that happen in Indonesia usually related to technology made all the government have to forming the law about the Artificial Intelligence. 

The New Terrain of International Law

2014 ◽  
Author(s):  
Karen J. Alter
Keyword(s):  
International Law ◽  
Case Studies ◽  
Domestic Politics ◽  
Political Influence ◽  
The Political ◽  
International Courts ◽  
Constitutional Review ◽  
Delegation Of Authority ◽  
The World ◽  
The Law

In 1989, when the Cold War ended, there were six permanent international courts. Today there are more than two dozen that have collectively issued over thirty-seven thousand binding legal rulings. This book charts the developments and trends in the creation and role of international courts, and explains how the delegation of authority to international judicial institutions influences global and domestic politics. The book presents an in-depth look at the scope and powers of international courts operating around the world. Focusing on dispute resolution, enforcement, administrative review, and constitutional review, the book argues that international courts alter politics by providing legal, symbolic, and leverage resources that shift the political balance in favor of domestic and international actors who prefer policies more consistent with international law objectives. International courts name violations of the law and perhaps specify remedies. The book explains how this limited power—the power to speak the law—translates into political influence, and it considers eighteen case studies, showing how international courts change state behavior. The case studies, spanning issue areas and regions of the world, collectively elucidate the political factors that often intervene to limit whether or not international courts are invoked and whether international judges dare to demand significant changes in state practices.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

Preclusion of the Right to Submit New Facts and Evidence According to the Law on Contested Procedure in Kosovo

2017 ◽  
Vol 10 (1) ◽  
pp. 84
Author(s):  
ARTAN QERKINI
Keyword(s):  
Market Economy ◽  
Legal System ◽  
Practical Implementation ◽  
Relevant Evidence ◽  
Legal Provisions ◽  
The Law ◽  
Legislative Amendments ◽  
The Right

The market economy and changes within Republic of Kosovo’s legal system, which imposed the need of legal changes within the field of contested procedure also, have caused this procedure to become more efficient vis-à-vis legal provisions which were in force until October 6th 2008. Through the Law on Contested Procedure (hereinafter “LCP”), the legislator has aimed, inter alia, to make the contested procedure more concentrated, and thus, more efficient. In this regard, the Kosovar legislator has determined that it is mandatory for the parties to present any and all relevant evidence for resolving the dispute until the preparatory session, and in the event that one was not held, until the first main hearing session. As an exception, the parties may present relevant evidence even after this stage of proceedings, provided that their failure to present said evidence no later than at the preparatory session, respectively first main hearing session, was through no fault of their own. I consider that these legislative amendments are vital to ensuring practical implementation of the principle of efficience in the contested procedure.

Punishment

2018 ◽  
Author(s):  
Mark McClish
Keyword(s):  
Legal System ◽  
State Violence ◽  
The Law ◽  
The Right

In Indic thought, the daṇḍa (“staff”) represented the king’s use of violence for the purpose of governance. His right and obligation as daṇḍadhara (“wielder of the staff”) to punish those deemed deserving of punishment under the law defined the king’s role in the legal system. In this sense, daṇḍa represented the legalization of domination, in which state violence was reckoned as just punishment. But the king was not the only one with a recognized right to punish. This chapter explores how daṇḍa was used to articulate and legitimize relations of domination within the legal imagination of Dharmaśāstra. It asks, in particular, who is conferred the right to punish and how much?

scholarly journals Transitioning of Steel Producers to the Steelworks 4.0 –Literature Review with Case Studies

Energies ◽  
2021 ◽  
Vol 14 (14) ◽  
pp. 4109
Author(s):  
Bożena Gajdzik ◽  
Radosław Wolniak
Keyword(s):  
Literature Review ◽  
Case Studies ◽  
Steel Industry ◽  
Industry 4.0 ◽  
Strong Dependence ◽  
Industrial Robots ◽  
Basic Material ◽  
Sources Of Information ◽  
Important Place ◽  
Steel Mills

The publication presents a picture of modern steelworks that is evolving from steelworks 3.0 to steelworks 4.0. The paper was created on the basis of secondary sources of information (desk research). The entire publication concerns the emerging opportunities for the development of the steel producers to Industry 4.0 and the changes already implemented in the steel plants. The collected information shows the support environment for changes in the steel sector (EU programs), the levels of evolution of steel mills, along with the areas of change in the steel industry and implemented investment projects. The work consists of a theoretical part based on a literature review and a practical part based on case studies. The work ends with a discussion in which the staged and segmented nature of the changes introduced in the analyzed sector is emphasized. Based on the three case studies described in the paper, a comparative analysis was conducted between them. When we tried to compare methods used in the three analyzed steel producers (capital groups): ArcelorMittal, Thyssenkrupp, and Tata Steel Group, it can be seen that in all organizations, the main problem connected with steelworks 4.0 transition is the digitalization of all processes within an organization and in the entire supply chain. This is realized using various tools and methods but they are concentrated on using technologies and methods such as artificial intelligence, drones, virtual reality, full automatization, and industrial robots. The effects are connected to better relations with customers, which leads to an increase in customer satisfaction and the organizations’ profit. The steel industry will undergo further strong changes, bringing it closer to Industry 4.0 because it occupies an important place in the economies of many countries due to the strong dependence of steel producers on the markets of the recipients (steel consumers). Steel is the basic material needed to make many products, and its properties have been valued for centuries. In addition, steel mills with positive economic, social, and environmental aspects are part of the concept of sustainability for industries and economies.

scholarly journals A MODEL OF CREATIVE HERITAGE FOR INDUSTRY: DESIGNING NEW RULES WHILE PRESERVING THE PRESENT SYSTEM OF RULES

2021 ◽  
Vol 1 ◽  
pp. 141-150
Author(s):  
Honorine Harlé ◽  
Pascal Le Masson ◽  
Benoit Weil
Keyword(s):  
Case Studies ◽  
Design Process ◽  
Industry 4.0 ◽  
Innovation Management ◽  
Present System ◽  
Innovative Capability ◽  
Current Change ◽  
A Site ◽  
Do So

AbstractIn industry, there is at once a strong need for innovation and a need to preserve the existing system of production. Thus, although the literature insists on the necessity of the current change toward Industry 4.0, how to implement it remains problematic because the preservation of the factory is at stake. Moreover, the question of the evolution of the system depends on its innovative capability, but it is difficult to understand how a new rule can be designed and implemented in a factory. This tension between preservation and innovation is often explained in the literature as a process of creative destruction. Looking at the problem from another perspective, this article models the factory as a site of creative heritage, enabling creation within tradition, i.e., creating new rules while preserving the system of rules. Two case studies are presented to illustrate the model. The paper shows that design in the factory relies on the ability to validate solutions. To do so, the design process can explore and give new meaning to the existing rules. The role of innovation management is to choose the degree of revision of the rules and to make it possible.

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