The incorporation of the lex artis in the Law

Health protection acts require special legal regulation, since scientific principles constitute a parameter for assessing whether the biomedical act was carried out correctly. In order to provide legal validity to such principles, their incorporation into the rules of law is required and thus be able to establish their enforceability, considering the experimental nature of medical sciences.

Methodological Aspects of the Dynamics of Legal Relationships as a Social and Legal Phenomenon

The article is devoted to the study of legal relationship as a phenomenon that exists in two modes of being of law: legal reality and legal validity. Classical approaches to the definition of a legal relationship as a social relationship regulated by law are criticized. The understanding of the legal relationship as a result of the implementation of legal norm is also criticized. It is recognized that these approaches do not fully provide a scientific characteristic of legal relationships as a social and legal phenomenon. Instead of the usually distinguished elements of a legal relationship in the form of a subject, object and content, it is proposed to study its dynamic parameters. The dynamics of a legal relationship is considered as a result of the intentionality of the legal consciousness of its subject. In legal reality, a legal relationship is studied as a social action in the conditions of adaptation of the subject to the environment. This legal relationship is due to the general normativity of biological, social and technical origin. The vital normativity of legal reality is considered as a determinant of legal relations. The locus of control in this legal relationship is focused on the subject exercising its rights and fulfilling its obligations. In legal validity, the legal relationship is due to the intentionality of the legal consciousness of the subject to implement legal norms through legal interaction with other participants in the legal relationship. The normativity of legal reality is based on legal regulation through legal acts (individual and general). In such a legal relationship, the subjects exercise their legal capabilities to the fulfillment of the legal duties assigned to other subjects. The locus of control is shifted to other participants in the legal relationship who exercise their rights and perform legal duties. In legal interaction, mutual recognition of the right is provided by the instance and/or the party of the legal relationship. In the legal validity, the physical, social and value, as well as vital normativity are supplemented by legal normativity. It is designed to neutralize social contradictions caused by the limitations of space, as well as the irreversibility of time. It is proved that the proposed concept of legal relations contributes to the solution of practical issues of the primacy of the legal norm or legal relationship, the revision of the criteria for differentiation of the legal system, the determination of the ratio of legal relations and offenses, the scientific consideration of some sectoral problems of the classification of legal relations. It is noted that the proposed concept of a legal relationship as a social action or legal interaction is quite conditional and applicable for cognitive purposes. In practice, quite often there is an intersection or mutual overlap of one type with another, a transition from legal reality to legal reality.

Weapons in Legal Rituals: Between Myth and Reality

This article seeks to explore the significance of weapons in legal rituals mentioned in sources, such as sagas and laws. Similarities in the phrasing of various types of sources give reason to believe that it is possible to determine certain uses of weapons in Viking Age legal rituals. Such rituals, which shared essential features with legal procedure, consisted of sequences of activities involving phrasing, objects, and gestures to mark a transition from one legal status to another, and they could also convey, and act as preservers of, legal meaning. Examples show that oaths were sworn on weapons, and that they conferred legal validity at the assembly (vápnatak). Old Norse mythology explained and legitimised key values in society, and through it everyday people found a template for how to use weapons in legal rituals. Rituals are however dynamic, and hence the ritual objects may change over time. In the Viking Age weapons were objects laden with meaning, and it was probably the introduction of Christianity that led to them being banned from further use in legal ritual.

Sources of Law

Oddly enough, very scant reference—if any—is made to the sources of law as a genuinely jurisprudential topic in contemporary legal philosophy. Yet, the jurisprudential import of the concept of ‘sources of law’ seems substantial: sources of law are what makes of something ‘a law’—a law is what is produced by, or derives from, a source of law. Sources epitomize the very ‘positivity’ of positive law, an aspect of law which is central to legal positivism of course, but whose importance not even a natural lawyer or an anti-positivist would ever deny. This essay highlights several jurisprudential questions that surround the sources of law, and tries to show they relate to–and contribute to illuminate–many long-debated jurisprudential topics such as the concept of legal validity, the notion and the conditions of existence of a legal system, the problem of legal change, and the scope of legal disagreements.

Completion of the Law on State Audit in Vietnam

The Law on State Audit plays a particularly important role in the organization and operation of the State Audit Office. The author analyzes the role of this law in determining the legal status of the institution as an independent constitutional agency. The Law on State Audit defines the functions, tasks, powers and legal validity of the audit reports, the audited entities, the operation principles, the prohibited activities and the organizational system of this agency. On the basis of analyzing the provisions of Vietnam’s and foreign laws on the organization and operation of the State Audit Office, the author suggests some recommendations to complete the Law on State Audit so as to enhance the function and operation of this institutional organization.

Legal information as a theoretical and legal phenomenon: essence and types of legal information

Legal information has a direct impact on the development of the legal system. With the acquisition of legal information of such quality as public accessibility, it has greatly contributed to the improvement of the legal system, as it allows for the analysis of legal validity from various points of view, contributing to the change of existing problem zones, as well as determining the prospects for the development of legal systems. However, despite its significance, in modern conditions there is no uniformity in the definition of the concept of legal information, as well as the main features of legal information.

Digitizing The Land of Genghis Khan: Reforming Mongolia’s Internet Law to Achieve Growth in E-Commerce

In the digital age, the E-signature has replaced the handwritten signature. Since 1995, there have been three generations of E-signature law: the first mandated use of the digital signature, the second recognized the legal validity of all types of E-signatures, and the third recognizes all types of E-signatures, but gives preferred status to the digital signature. Mongolia’s Electronic Signature Law (ESL) is third-generation; it recognizes all types of E-signatures but favors the use of the digital signature. Accreditation requirements are specified for Certification Service Providers (CSP), the issuers of certificates and verifiers to third parties that a digital signature is that of a specific subscriber. The CSP is responsible for maintaining the security of information that it receives from its subscribers. The CSP must inform the subscriber of any limitations on the use of the certificate. If a CSP issues a certificate, it must meet stringent security requirements which can only be achieved with a digital signature. CSPs must maintain a publicly accessible repository of certificates and the public keys which relying third parties can use to decrypt a subscriber’s message. A CSP may incur legal liability for publishing a certificate with inaccurate information or for not issuing a private key to the subscriber corresponding to the public key in the repository. The ESL recognizes the legal validity of certificates issued by CSPs in foreign countries. The author recommends reformation of Mongolia’s E-commerce law by adding: (1) consumer protections for E-commerce participants; (2) several new computer crimes; (3) information technology courts; (4) mandatory E-government; and (5) explicit long-arm jurisdiction.

On the Concept and the Nature of Law

The central argument of this chapter turns on the dual-nature thesis. This thesis sets out the claim that law necessarily comprises both a real or factual dimension and an ideal or critical dimension. The dual-nature thesis is incompatible with both exclusive legal positivism and inclusive legal positivism. It is also incompatible with variants of non-positivism according to which legal validity is lost in all cases of moral defect or demerit or, alternatively, is affected in no way at all by moral defects or demerits. The dual nature of law is expressed, on the one hand, by the Radbruch Formula, which says that extreme injustice is no law, and, on the other, by the correctness argument, which says that law’s claim to correctness necessarily includes a claim to moral correctness. Thus, what the law is depends not only on social facts but also on what the law ought to be.

Operational permits and brandings of savings and loan cooperatives and sharia financing (KSPPS) in legal validity perspective

This article described the legal validity of Savings and Loan Cooperatives and Sharia Financing (KSPPS) in East Java Region, especially regarding operational permits and their brandings. Most of them have KSPPS operational permits but in their operations use Baitul Mall Wa Tamwil (BMT) brand. Meanwhile, based on Chapter 2 Article 2 Point 7 of the Regulation the Minister of Cooperatives and Small and Medium Enterprises (SMEs) Number: 11/PER/M.KUKM/XII/2017, it is mandatory for every cooperative branch office and service network to display the cooperative identity either the name or logo, and not the BMT brand. The problem in this study was discussed using legal validity theory from philosophical, juridical and sociologicaldimensions. This was a qualitative research with a sociological, juridical, philosophical approach. Data collection techniques were divided into two, namely literature study to explore legal documents as data to review philosophical and juridical aspects and field studies to explore information from KSSPS in East Java to analyze the sociological aspects of the validity of the Regulation. The findings of the research were: the legal validity of the Ministerial Regulation Number: 11/PER/M.KUKM/XII/2017 from a philosophical point of view is not in line with the legal ideals of cooperatives in Indonesia. While from a juridical side, there is a legal vacuum. In addition, from a sociological dimension, it has not run perfectly due to non-optimal socialization from policy makers.

Junior Medical Officers’ Knowledge of Advance Care Planning and Substitute Decision Making For People With Dementia: A Cross Sectional Survey

Background For the benefits of advance care planning (ACP) to be realised during a hospital admission, the treating team must have accurate knowledge of the law pertaining to ACP. Aims To determine in a sample of Junior Medical Officers (JMOs): (1) knowledge of the correct order to approach people as substitute decision makers if a patient does not have capacity to consent to treatment; (2) knowledge of the legal validity of advance care directives (ACDs) when making healthcare decisions for persons with dementia, including the characteristics associated with higher knowledge; and (3) barriers to enacting ACDs. Methods A cross-sectional survey was conducted at five public hospitals in New South Wales, Australia. Interns, residents, registrars, and trainees on clinical rotation during the recruitment period were eligible to participate. Consenting participants completed an anonymous pen-and-paper survey. Results A total of 118 JMOs completed a survey (36% return rate). Fifty-five percent of participants were female and 56.8% were aged 20–29 years. Seventy-five percent of JMOs correctly identified a Guardian as the first person to approach if a patient did not have decision-making capacity, and 74% correctly identified a person’s spouse or partner as the next person to approach. Only 16.5% identified all four persons in the correct order, and 13.5% did not identify any in the correct order. The mean number of correct responses to the questions assessing knowledge of the legal validity of ACDs was 2.6 (SD = 1.1) out of a possible score of 6. Only 28 participants (23.7%) correctly answered four or more knowledge statements correctly. None of the explored variables were significantly associated with higher knowledge of the legal validity of ACDs. Uncertainty about the currency of ACDs and uncertainty about the legal implications of relying on an ACD when a patient’s family or substitute decision maker disagree with it were the main barriers to enacting ACDs. Conclusion JMOs knowledge of the legal validity of ACDs for persons with dementia without capacity and the substitute decision-making hierarchy is limited. There is a clear need for targeted education and training to improve knowledge in this area for this cohort.