FEATURES OF MODERN JURISPRUDENCE RESEARCH METHODOLOGY

This article identifies the main methods of jurisprudence research. Classical and new methodological approaches to understanding the essence and content of jurisprudence and defining existing forms of jurisprudence are analysed. The study of jurisprudence, taking into account classical and new methodological approaches, provides a more accurate understanding of jurisprudence; contributes to a more detailed analysis of the content of jurisprudence; allows for a more grounded identification of forms of jurisprudence. The evolutionary path of jurisprudence is directly linked at each stage to the state system, the economy, the legal culture and the legal consciousness in society. The regulation of social relations is achieved through customs, contracts, judicial precedents, and regulations. However, it is the responsibility of the courts to resolve conflict situations and, after consideration of the dispute, make a decision accordingly. Repeated application by the courts of the norms governing disputed social relations creates uniformity in the dispute resolution process and develops a uniform rule for the application of these norms in a certain disputed situation, i. e. creates jurisprudence. At present, only on the basis of dialectical materialism, using the principles of pluralism of opinion, comprehensiveness and complexity of knowledge, as well as the principles of determinism, correspondence and additionality, applying classical and modern methods of scientific inquiry, can one approach the study of judicial practice in an objective and harmonious way. This will allow to reveal general regularities in the emergence and development of judicial practice, to identify its content, forms, functions, interaction with other legal phenomena, to determine its influence on law-making and law-enforcement, to understand procedures of formation and process of practical application of its results, to develop a unified understanding of the nature of judicial practice.

The Question of the Applicable Law in Cross-Border Claims on Product Liability: Reflections from India

The blurring of international barriers has impacted the nature and complexity of tortious claims and, in particular, those concerning product liability. Products manufactured in one country are often sold or used in another State – and there is often a separation in time and space between the occurrence of the harmful behaviour the resultant injury. For this reason, countries across the globe have increasingly considered it inappropriate to subject such claims to the same mechanism to identify the governing law that applies to other tortious claims of different nature such as negligence, nuisance or defamation. The EU, the UK, Australia, Canada, and India’s BRICS partners – Russia and China – are examples of legal systems that have developed a special conflict of law rules on the applicable law in product liability claims. In contrast, the principles of Indian private international law do not contain any special rule. The applicable law is determined on the basis of a uniform principle that extends to all cross-border disputes on tort. The paper provides a critical evaluation of the mechanism to identify the applicable law in international disputes on product liability. It highlights the predicaments in extending the uniform rule to product liability claims and demonstrates how it debilitates access to justice and is not suitable for disputes that arise from accidents caused by products such as autonomous vehicles, which incorporate new technology. Consequently, the paper suggests workable solutions to develop the Indian conflict-of-law rules on the subject.

Muslim Female Healthcare Personnel Dress Code: A Proposed Guideline

Introduction: The struggle of Muslim women to comply with Islamic teaching while working in the healthcare sector has been a long-standing issue. Following the case of a Muslim nurse who was allegedly fired for non-adherence to the short-sleeve uniform rule, the Malaysian Muslim Consumers Association highlighted the need for a uniform guideline to prevent similar instances. Yet, no guideline has been issued to date. Materials and Methods: This conceptual study employed library research method to gather relevant materials. Library research was able to retrieve guidelines from seven Muslim-minority countries but none from Muslim-majority countries. Document analysis of the materials gathered was undertaken. The different guidelines were compared, with special reference to awrah-related issues. Results: Several major issues that healthcare personnel dress code considers are the safety, health, cleanliness, and comfort for both patients and healthcare personnel. Islamic dressing requirement is not only in line with clinical practice but Islam also highly promotes maintenance of safety, health, cleanliness, and comfort. The widely adopted ‘bare below the elbows (BBE) policy is the only practice that may contradict Islamic rules. However, some healthcare institutions in Muslim-minority countries allow modifications of uniform rules on religious grounds; some of the modifications are not observed in Muslim-majority countries. When providing direct patient care that requires BBE, the use of disposable over-sleeves is a good alternative to adhere to both clinical and Islamic standards. Conclusion: Healthcare personnel dress code policy that is concordant to both clinical and Islamic standards is possible although it may require greater resources.

Experimental Gaming Comparison of Resource Allocation Rules in Case of Transferable Utilities

The present paper discusses the comparative analysis results of resource allocation rules using experiments in the form of business games. The comparative analysis involves five rules. The resource allocation mechanism that gives the efficient solution of the problem without transferable utility, implementing it as dominant strategy equilibrium in the agents game, so called Uniform rule. The mechanism with balanced payments introduced earlier by authors using the Groves Ledyard rule that gives the efficient solution of the problem as a Nash equilibrium in the agents game, as well as its modification reducing the dimension of the action space of the agents. The mechanism from the class of proportional allocation mechanisms, where, the efficient resource allocation also represents a Nash equilibrium, but the payments are unbalanced. Last mechanism in the comparative analysis was originally developed as a distributed optimization algorithm.

A Uniform Rule that Can Replace the Left-Hand Rule and the Right-Hand Rule in Electromagnetics

The left-hand rule and the right-hand rule are widely used in electromagnetics but are often confusing. Based on an analysis of the differences and commonalities of the two rules, a uniform rule using coordinate rotation is proposed to determine the direction of the magnetic force and the induced electromotive force (emf) or the induced current in a static magnetic field. Furthermore, we discuss how to use the uniform rule to determine the direction of the induced emf or current in a moving magnetic field, which is traditionally determined by Lenz's law. The uniform rule is easy to understand and remember.