Compensating a Legal Person for Moral Damage in Jordanian Law

The issue of compensating the legal person for the moral damage it causes to it has raised a great argument of controversy in Jordan, especially in light of the refusal to recognize the rights attached to the natural person of the legal person. This research came to identify the legal nature of the legal personality and the moral damage and the position of the Jordanian law on it, and to determine the feasibility, adequacy and appropriateness of the legal texts contained in the Jordanian civil law in knowing the extent to which the legal person may be compensated for moral damage. Using the opinions of jurists and judicial and explanatory decisions, the researcher has found that moral damage has multiple forms, a research that arises from the act and assault carried out by the aggressor. As a result, it is not appropriate to limit moral damage to rigid legal texts based on what is stated in the legislation and decisions of the esteemed Court of Cassation, as the researcher recommends. The Jordanian legislator should include general provisions clarifying the civil liability of the legal person, and the researcher recommends a separate chapter in the civil law to talk about the moral damage and its multiple meanings and aspects and how to rule for compensation and claim it.

Instytucja osobowości prawnej w okresie PRL jako narzędzie ograniczania autonomii jednostek przez państwo autorytarne

The purpose of this paper was to analyze how the regulation of legal personality by positive law affected the rights and freedoms of individuals in the period of the Polish People’s Republic. The possession of legal personality leads to the empowerment of an organization and facilitates it by pooling resources to achieve a certain goal. Having legal personality also gives an entity a certain autonomy vis-à-vis other entities, including its members and the state. The analysis has shown that in the period of the Polish People’s Republic, positive law was deliberately used to limit the possibility of creating entities with their own legal personality. The formal concept of a legal person was used instrumentally as a tool to impede the possibility of building an organization outside state control. It also led to a structurally incorrect and practically questionable recognition of the judicial capacity of entities that did not have legal personality. In addition, using the concept of an economic unit in the area of economy, a functional criterion was adopted to determine the participants of economic turnover, which also broke with the traditionally adopted in this respect approach based on legal personality. This led some of the representatives of civil law doctrine at that time to consider the institution of legal personality as useless, which testified to the fact that the legal environment and the applied mechanisms typical of an authoritarian state suppressed any autonomy and independence of interest underlying a separate legal personality.

KEDUDUKAN ASEAN CSR NETWORK DALAM PENGELOLAAN CSR DI ASEAN BERDASARKAN HUKUM INTERNASIONAL

Non-governmental organizations (NGOs) have been recognized as having a significant role in the development of the international community, including in the discourse on corporate social responsibility (CSR) Recognition of the international community will relate to its position in international law The ASEAN CSR Network (ACN) is one of the NGOs in ASEAN that focus on CSR ACN position is important to discuss to see the implementation of CSR management in ASEAN This article analyses the position of ACN as a subject of international law and the function of ACN in managing CSR based on international law The research is normative combined with case study with ACN as a main research object The results obtained are ACN does not have possessed legal personality under international law or ASEAN ACN is only a legal subject under Singapore law because it was established in Singapore ACN have function as an agent which is succeed to elaborate responsible business norm within ASEAN.

Medical Applications of Artificial Intelligence (Legal Aspects and Future Prospects)

Background: Cutting-edge digital technologies are being actively introduced into healthcare. The recent successful efforts of artificial intelligence in diagnosing, predicting and studying diseases, as well as in surgical assisting demonstrate its high efficiency. The AI’s ability to promptly take decisions and learn independently has motivated large corporations to focus on its development and gradual introduction into everyday life. Legal aspects of medical activities are of particular importance, yet the legal regulation of AI’s performance in healthcare is still in its infancy. The state is to a considerable extent responsible for the formation of a legal regime that would meet the needs of modern society (digital society). Objective: This study aims to determine the possible modes of AI’s functioning, to identify the participants in medical-legal relations, to define the legal personality of AI and circumscribe the scope of its competencies. Of importance is the issue of determining the grounds for imposing legal liability on persons responsible for the performance of an AI system. Results: The present study identifies the prospects for a legal assessment of AI applications in medicine. The article reviews the sources of legal regulation of AI, including the unique sources of law sanctioned by the state. Particular focus is placed on medical-legal customs and medical practices. Conclusions: The presented analysis has allowed formulating the approaches to the legal regulation of AI in healthcare.

THE HARM CAUSED BY ARTIFICIAL INTELLIGENCE: ASPECTS OF RESPONSIBILITY AND LEGAL PERSONALITY

A rule of law is effective when it adequately reflects objective needs and corresponds to the laws of the development of public relations. However, information technologies are developing faster than the corresponding legislative regulation. Programs equipped with artificial intelligence, once considered science fiction, are being increasingly used in various spheres of life every day. Advanced technologies are designed to significantly facilitate the life of a modern person, allowing him to transfer monotonous and technical tasks to units, i.e. carriers of artificial intelligence. However, the use of AI systems does not always turn out to be absolutely positive and safe – sometimes in practice, due to various factors, damage to property, health and even human life is caused during the operation of the unit. In this regard, legitimate questions arise about legal liability for such consequences, about the suitability of existing legislation to regulate such relations and about the need to improve and specialize legal regulation for new torts. This work is also aimed at participating in this discussion. For the purposes of the article, all negative manifestations of AI are reduced to three situations: causing harm due to flaws in the program or its incorrect operation; using technology by a person to commit an offense; causing harm by an artificial intelligence unit independently and on its own initiative. The paper examines all these cases, offers options for their legal resolution, critically evaluates existing approaches, projects and special legal acts already adopted. The conclusion is made that there is no need for a radical reform of the legal system for artificial intelligence, the theory of its legal personality is denied, it is argued that a person is responsible for all its mistakes – the manufacturer, user, owner, etc. In general, the strategy of the domestic legislator on the development of artificial intelligence is supported, but it is proposed to pay more attention to other ways to improve the security of AI systems (user liability insurance, unified accounting of units, etc.), rather than sanctions against them as "electronic persons".

REVISITING CHOISE OF A STRATEGY FOR RUSSIAN LEGAL SPACE DEVELOPMENT

Автор, принимая во внимание выделяемые философами древности необходимые условия (факторы) государственного самосохранения, отмечает, что самой важной целью государства является не его собственное сохранение, а сохранение его главного ресурса - человека. Поскольку право - это регулятор (по определению) и индикатор происходящих в государстве событий, веяний (по В. О. Ключевскому), автор рассматривает один из самых тревожащих юридическое сообщество вопросов законодательной (прежде всего конституционной) перестройки - вопрос о наделении роботов правосубъектностью, что приравнивает статус робота к статусу человека. В связи с этим рассмотрены следующие вопросы: 1) необходимость стабильности для жизни людей, а следовательно, для жизни государства; 2) закон человеческого вырождения; 3) нахождение государственных законов внутри природных законов. Сделаны выводы, которые необходимо принять при разработке стратегии российского правового пространства. Знание и сохранение внутреннего равновесия (природной гармонии) - это необходимость, без которой не выживет человечество в целом. The author takes into account the warnings of ancient philosophers to deduce the necessary conditions (factors) of state self-preservation. But the most important goal of the state is not only its own preservation, but the preservation of its main resource - man. Since law is a regulator (by definition) and an indicator of events and trends taking place in the state (according to V. O. Klyuchevsky), the author considers one of the most disturbing symptoms of legislative (primarily constitutional) restructuring for the legal community - the issue of granting robots legal personality, which equates the status of a robot with the status of a person. In this connection, the following issues were considered: 1) the need for stability for the life of people, and therefore for the life of the state; 2) the law of human degeneration; 3) the finding of state laws within natural laws. The conclusions that need to be taken when developing a strategy for the Russian legal space are drawn. Knowledge and preservation of internal balance (natural harmony) is a necessity, without which humanity as a whole will not survive.

Methodology of research of the constitutional and legal status of the Ukrainian people

The relevance of the topic “constitutional and legal status of the Ukrainian people” is seen, first of all, in the fact that the understanding of the Ukrainian people of their essence, their political and legal status, in the context of awareness of their own legal personality, principles, powers, guarantees, that is, certain elements included in the content of the constitutional and legal status at the present stage of development and development of Ukraine as a democratic, social and Legal country, is very important, appropriate and, for the political, legal and other systems of any country, system-forming. It should also be noted that this issue, despite its fundamentality and scientific prospects, is not sufficiently doctrinairely studied by Ukrainian scientists. This is due to many determinants, of which two factors are the most obvious. First, the dominance of doctrinal approaches in Ukrainian legal science, which did not recognise the existence of the constitutional and legal status of the Ukrainian people as a whole. It was considered that only individuals and legal entities can be granted legal status. Secondly, Ukrainian scientists have traditionally preferred to study established institutions, primarily direct democracy, which are directly regulated in Chapter III of the Constitution of Ukraine, that is, elections and referendums. The aim is to clarify the methodological basis for studying the constitutional and legal status of the Ukrainian people. Based on the obtained conclusions and generalisations, a methodological basis for studying the constitutional and legal status of the Ukrainian people has been developed

TECHNICALITIES? ROBOTS AND USERS OF HIGH- VS. LOW-TECH PROSTHESES FROM A PERSONALITY AND SOCIAL PSYCHOLOGICAL AS WELL AS LEGAL PERSPECTIVE.

New bionic technologies and robots are becoming increasingly common in work spaces and private spheres. It is thus crucial to understand concerns regarding their use in social and legal terms and the qualities they should possess to be accepted as ‘co-workers’. Previous research in these areas used the Stereotype Content Model (SCM) to investigate, for example attributions of warmth and competence towards people who use bionic prostheses, cyborgs, and robots. In the present study, we propose to differentiate the Warmth dimension into the dimensions Sociability and Morality to gain deeper insight in how people with or without bionic prostheses are perceived. In addition, we extend our research to the perception of robots, such as industrial, social, or android robots. Since legal aspects need to be considered if robots are expected to be ‘co-workers’, we also evaluated current perceptions of robots in terms of legal questions. We conducted two studies in which participants rated visual stimuli of individuals with or without disabilities and low- or high-tech prostheses, and robots of different levels of Anthropomorphism (Study 1), or robots of different levels of Anthropomorphism (Study 2), in terms of Competence, Sociability, and Morality, and, for Study 2, Legal Personality and Decision-Making Authority. We also controlled for participants’ personality. Results showed that attributions of Competence and Morality varied as a function of technical sophistication of the prostheses. For robots, competence attributions were negatively related to Anthropomorphism. Sociability, Morality, Legal Personality , and Decision-Making Authority varied as functions of Anthropomorphism. Overall, this study provides a contribution to technological design, which aims at ensuring high acceptance and minimal undesirable side effects, both with regard to the application of bionic instruments and robotics. Additionally, first insights in whether more anthropomorphized robots will need to be considered differently in terms of legal practice are given.

International legal personality in public and private law: problems of theory and practice

At the present stage of the development of international relations, an important aspect is the specification of the rights and obligations of the subjects of international law, which are elements of international legal personality, which is subject to multifaceted study. The research of its problematic elements is fundamental to improving the rules of international law in general and domestic law in particular. The work aims to study and identify problems of theory and practice of international legal personality in public law. The object of research is international legal personality in public law. The subject of the research is problematic aspects of the theory and practice of international legal personality in public law. The following methods were used in the study: observation, historical method, method of analysis, comparison, generalization, the system method, method of analysis of normative documents. As a result of the research, the institute of international legal personality, in general, was analyzed, its peculiarities and problematic aspects were determined.