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Author(s):  
John Adenitire

Abstract This paper argues for a theory of the rule of law that is inclusive of sentient non-human animals. It critiques the rule of law theories of Fuller, Waldron, and Allan, by showing that their theories presuppose that the legal subject is a person who can be guided by legal norms. This unduly excludes non-human animals, as well as certain humans who do not have rational capacities. If we view the basic idea of the rule of law as restraining arbitrary power, then rule of law theories need to give an account of who can be a potential victim of such power. Non-human animals and humans, whether endowed with rational capacities or not, can all be victims of arbitrary power. So, we need a new rule of law theory which is inclusive of all sentient animals, humans and non-human alike. This paper sets out such an inclusive theory.


Arena Hukum ◽  
2021 ◽  
Vol 14 (3) ◽  
pp. 412-431
Author(s):  
Husni Syam ◽  
Arinto Arinto ◽  
Eka An Aqimuddin ◽  
Erik Setiawan

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.


Lex Russica ◽  
2021 ◽  
pp. 9-21
Author(s):  
M. V. Mazhorina

The autonomy of the will of the parties (lex voluntatis) is one of the central institutions of private international law that, in the context of proliferation of non-legal subject matter, multiplying sources of non-state regulation, and also due to the conceptualization of the institution of “rules of law” in the practice of world arbitrations, acquires a new methodological meaning and requires its rethinking. The paper examines the institution of the autonomy of the will of the parties from different angles: as a principle of conflict of laws, as a substantive law institution, and as a mechanism for legitimizing the norms of non-state regulation. The autonomy of the will of the parties today acquires a visible potential of a legal basis for the construction of a special, possibly “hybrid,” regulatory regime for cross-border private law, for mainly contractual relations, it becomes a form of expression of the right to choose non-law. Interpreting the autonomy of the will through the prism of the substantive law theory and in the context of admitting the choice of non-state regulation as the applicable law can pose a serious risk both for the parties to cross-border agreements and for the law-enforcer in terms of conflicting law and non-law. The author concludes that acknowledgement that the institution of autonomy of the will authorizes the right to choose non-law, in fact, means that a fragmented legal space, which itself differs significantly from state to state, can collide with a rapidly scalable, even more heterogeneous non-state array of norms emanating from non-state actors. This state of the normative superstructure can be characterized as a conflict of law and non-law and requires the development and adjustment of an appropriate methodology of private international law.


CREPIDO ◽  
2021 ◽  
Vol 3 (2) ◽  
pp. 96-109
Author(s):  
Agam Ibnu Asa ◽  
Misnal Munir ◽  
Rr. Siti Murti Ningsih

The responsive laws of Nonet and Selznick's thinking became one of the results of conceptual ideas about the laws that are elaborated periodically. The development of responsive law may be less comprehensive when it has not been found the historical fundamental aspects on which it is focused. It is thus important to study the concept of Nonet and Selznick's responsive legal philosophically. The method in this research is the philosophical method. The results of this study include: first, the development of law in Nonet and Selznick's view is divided into three periods of repressive law, autonomous law, and responsive law. Second, Nonet and Selznick's responsive law when reviewed in historical perspective gained an understanding that responsive law exists from a constantly creative legal subject by looking at legal issues and realities in an increasingly complex society, and responsive law is a law that has always served as part of cultural dynamics.


2021 ◽  
Vol 4 (6) ◽  
pp. 2277
Author(s):  
Desy Ramadhani Pratini

AbstractLiability (aansprakelejikeheidcausing) is a condition in which a party or a legal subject, if after committing an act of breaking the law, and losses to other parties must bear it. Unlawful acts can also be found on a social media platform, along with the types of accountability. There is a tendency for illegal acts committed by owners of social media accounts without identity because one of the social media platforms is not accompanied by verification of personal identity at the time of account creation. This unlawful act through social media accounts without real identity is an insult and defamation which is a special form of an illegal act. On the other hand, for the losses suffered by the victim, a civil suit against the law can be filed. However, due to difficulties in the civil lawsuit process, namely by not knowing the identity of the account owner. Then this can only be done if there is a final legally binding decision regarding criminal law.Keywords: Unlawful; Liability of Liability; Social Media Accounts.AbstrakTanggung gugat (Liability/aansprakelejikeheid) merupakan suatu kondisi dimana pihak atau subjek hukum apabila setelah melakukan perbuatan melanggar hukum, dan membawa kerugian bagi pihak lain, ia harus menanggungnya. Perbuatan melanggar hukum dapat pula ditemui dalam suatu platform media sosial, disertai dengan jenis tanggung gugatnya. Kecenderungan terdapatnya perbuatan melanggar hukum yang dilakukan oleh pemilik akun media sosial tanpa identitas disebabkan oleh salah satu platform media sosial tidak disertai verifikasi identitas pribadi pada saat pembuatan akun. Perbuatan melanggar hukum melalui akun media sosial tanpa identitas asli ini adalah penghinaan dan pencemaran nama baik yang merupakan bentuk khusus dari perbuatan melanggar hukum. Di sisi lain, atas kerugian yang dialami oleh korban, dapat diajukannya upaya gugatan keperdataan dengan gugatan perbuatan melanggar hukum. Namun, dikarenakan terdapatnya kesulitan dalam proses gugatan keperdataan, yaitu dengan tidak diketahuinya identitas pemilik akun. Maka hal tersebut baru dapat dilakukan apabila terdapat putusan yang berkekuatan hukum tetap mengenai hukum pidana. Kata Kunci: Perbuatan Melanggar Hukum; Tanggung Gugat; Akun Media Sosial.


2021 ◽  
Vol 8 (2) ◽  
pp. 70-77
Author(s):  
Desak Nyoman Oxsi Selina ◽  
I Made Wirya Darma

Transportation is one of the derivative needs in society due to economic, social activities, and so on. In general, there are two transportations, namely based on conventional and online, but the problem is that discrimination often occurs against providers of online-based transportation services, especially in transporting passengers. Thus, the purpose of this study is to find out the legal protection for online transportation service providers in transporting passengers and to find out the legal consequence of discriminating against online transportation service providers in carrying passengers. The method used in this study is normative legal research method. Meanwhile, the legislative and conceptual approach is the approach used in this study. The results of this study showed that the legal protection of online transportation service providers in Indonesia is regulated in legislation including the 1945 Constitution of the Republic of Indonesia which in principle every legal subject must be treated equally before the law, and Law Number 39 Year 1999 which protects that every person is entitled to a job, and legal protection is also contained in Law No. 8 of 1999 which in principle regulates the rights and obligations of business actors. The legal consequence of discrimination is that it can result in criminal and civil law in the form of compensation for imprisonment or fines.


2021 ◽  
pp. 174387212110493
Author(s):  
Gordon Hull

This paper situates the data privacy debate in the context of what I call the death of the data subject. My central claim is that concept of a rights-bearing data subject is being pulled in two contradictory directions at once, and that simultaneous attention to these is necessary to understand and resist the extractive practices of the data industry. Specifically, it is necessary to treat the problems facing the data subject structurally, rather than by narrowly attempting to vindicate its rights. On the one hand, the data industry argues that subjects of biometric identification lack legal standing to pursue claims in court, and Facebook recently denied that that its facial recognition software recognizes faces. On the other hand, industry takes consent to terms of service and arbitration clauses to create enforceable legal subject positions, while using promises of personalization to create a phenomenological subject that is unaware of the extent to which it is being manipulated. Data subjects thus have no legal existence when it is a matter of corporate liability, but legal accountability when it is a matter of their own liability. Successful reform should address the power asymmetries between individuals and data companies that enable this structural disempowerment.


2021 ◽  
Vol 28 (3) ◽  
pp. 341-366
Author(s):  
Ishay Rosen-Zvi

Abstract The halakhic practice does more than regulating the inner world; it takes part in forming it, generating a unique legal subject. But is there a unique halakhic Self? This article examines this question in the context of Tannaitic halakha, both Mishnaic and Midrashic. More specifically I ask whether one can speak of subjectivity in Tannaitic halakha. I study the relationship between anonymous halakhic rulings and specific positions presented in the name of individual sages or argued with the force of personal commitment. Through analyzing the “I” language in Tannaitic literature, in comparison with the rhetoric of prerabbinic halakha, I wish to advance the ongoing search for the rabbinic Self.


2021 ◽  
Vol 8 (3) ◽  
pp. 151-169
Author(s):  
Hemin Ibrahim Qadir ◽  
Najmadeen Ahmed Muhamad

The American legal philosopher Lon L. Fuller profoundly advanced a sophisticated morality conception of law through his argument for thesis of Legal Morality (LM).  In particular, he adumbrated a novelist idea of “ internal morality of law” that would enable the transformation of the sophisticated morality conception of law into a conception idea of law and morality connection while simultaneously providing an explanation of the new and fresh thesis of legal morality. Contrary to the common (and mostly legal positivism) view, Fuller argues that it is not only the case that the (external) morality determines what the level of any connection between law and morality, rather it is also the idea of law in itself regenerates the idea of morality (internally). However, it is argued that in spite of the fact that Fuller suggested a sophisticated account of interconnection between law and morality, he fails to develop the complexities of the (morality) connection to the law in systemic way. What does he miss in his argument of the connection between law and morality? This study will advance the view that there are more than one way to make a connection between law and morality. Some of these connections can be named here: the morality of duty, the morality of legal subject, the morality of legal official, the morality of legal end, the morality of legal content and the internal and external morality of law. This study argues that each type of these connections between law and morality importantly has many effective outcomes in term of conception and implication of law, which Fuller did not tell us. In Fuller’s work, one can grasp the soundness of this connection in a variety levels. Yet, surprisingly to Fuller’s own works, this study will show that Fuller’s thesis of legal molarity must be expanded and justified on the different ground. In doing so, this study argues not only to make sense of Fuller’s legal morality, but it also redirects the systemic way to bring all pieces of Fuller’s claim of legal morality together and to seek the rationality beyond the legal.


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