Hasil untuk "Civil law"

Atika Sunarto, Mazmur Septian Rumapea, Muhammad Ali Adnan et al.

Introduction: The issue of the relationship between international law and national legal policies in developing countries, especially in the context of human rights (HAM), is increasingly relevant in contemporary international law studies. Developing countries often face significant challenges in integrating international human rights standards into their domestic legal systems. Purposes of the Research: This study aims to analyze the influence of international law on national legal policies in developing countries in the context of human rights. Methods of the Research: The method used in this study is the normative legal research method with a literature study approach, which includes an analysis of various national laws and international legal instruments related to human rights. In addition, this study also refers to the results of academic studies, reports from international human rights institutions, and official documents from organizations such as the United Nations (UN) and the National Human Rights Commission. This approach provides a more comprehensive picture of the implementation of international human rights standards in developing countries. Results Main Findings of the Research: The results main findings of the study show that although many developing countries have ratified various international instruments, such as the Universal Declaration of Human Rights and the International Covenant on Civil and Political Rights, their implementation is often hampered by various domestic factors. Inconsistencies between international obligations and national conditions are major obstacles, exacerbated by political instability, weak state institutions, limited resources, and tensions between international norms and local cultures. In addition, political resistance to the implementation of international human rights policies is also a significant challenge, especially in countries that prioritize political or economic interests over commitment to global human rights standards.

Andre Luís dos Santos Werppe, Aline Andrighetto

O presente estudo tem como objetivo dissertar sobre o avanço jurídico da aplicabilidade do inventário extrajudicial com herdeiro incapaz e/ou menor, verificando as premissas e fundamentos de todo o âmbito civil, para que doravante essa possibilidade, seja concreta e eficaz para a desjudicialização a luz do código de normas pertinente, respeitando se os direitos dos herdeiros nessas condições estão sendo devidamente protegidos. Destacando a autonomia proporcionada pela Resolução nº 35 de 2007 do Conselho Nacional de Justiça, que possui um caráter decisivo para uma construção normativa e elevando a importância da sua manifestação para a solidificação dos provimentos em toda a esfera jurídica, seja ela judicial ou extrajudicial. Com isso o presente trabalho será elaborado na forma de artigo científico, a partir de pesquisa bibliográfica e legislativa, com técnica qualitativa.

Sahibpreet Singh, Lalita Devi

This paper examines the admissibility of AI-generated forensic evidence in criminal trials. The growing adoption of AI presents promising results for investigative efficiency. Despite advancements, significant research gaps persist in practically understanding the legal limits of AI evidence in judicial processes. Existing literature lacks focused assessment of the evidentiary value of AI outputs. The objective of this study is to evaluate whether AI-generated evidence satisfies established legal standards of reliability. The methodology involves a comparative doctrinal legal analysis of evidentiary standards across common law jurisdictions. Preliminary results indicate that AI forensic tools can enhance scale of evidence analysis. However, challenges arise from reproducibility deficits. Courts exhibit variability in acceptance of AI evidence due to limited technical literacy and lack of standardized validation protocols. Liability implications reveal that developers and investigators may bear accountability for flawed outputs. This raises critical concerns related to wrongful conviction. The paper emphasizes the necessity of independent validation and, development of AI-specific admissibility criteria. Findings inform policy development for the responsible AI integration within criminal justice systems. The research advances the objectives of Sustainable Development Goal 16 by reinforcing equitable access to justice. Preliminary results contribute for a foundation for future empirical research in AI deployed criminal forensics.

Yuting Huang, Meitong Guo, Yiquan Wu et al.

Recent advances in LegalAI have primarily focused on individual case judgment analysis, often overlooking the critical appellate process within the judicial system. Appeals serve as a core mechanism for error correction and ensuring fair trials, making them highly significant both in practice and in research. To address this gap, we present the AppealCase dataset, consisting of 10,000 pairs of real-world, matched first-instance and second-instance documents across 91 categories of civil cases. The dataset also includes detailed annotations along five dimensions central to appellate review: judgment reversals, reversal reasons, cited legal provisions, claim-level decisions, and whether there is new information in the second instance. Based on these annotations, we propose five novel LegalAI tasks and conduct a comprehensive evaluation across 20 mainstream models. Experimental results reveal that all current models achieve less than 50% F1 scores on the judgment reversal prediction task, highlighting the complexity and challenge of the appeal scenario. We hope that the AppealCase dataset will spur further research in LegalAI for appellate case analysis and contribute to improving consistency in judicial decision-making.

Oleksii Volodymyrovych Kostenko, Vahid Akefi Ghaziani

Whether illegally obtained evidence should be deemed inadmissible is a question that many jurisdictions still struggle with. In this regard, there is no internationally accepted standard that orients national jurisdictions in detaching valid from invalid evidence. This study focuses on the two-fold legal systems practiced within EU law and that of the European Court of Human Rights in order to identify their points of disagreement and to approximate the two systems. The outcomes suggest that the GDPR has not provided any balancing guidance for inconsistent fundamental rights; therefore, EU member states have wide discretion in prevailing one right over another. Despite this, aiming to protect EU fundamental rights, particularly the right to protection of personal data (Article 8 of the EU Charter) and the fairness procedure of a trial (Article 47 of the Charter), national courts, in the absence of domestic guidelines, are welcomed and urged to follow the ten-factor test of the judgment Beuze v. Belgium (ECHR, November 8, 2018). Finally, after examining the court's guidance, the paper at hand partially changes the test and offers a more reliable test to reconcile privacy rights with the right to a fair trial. This test could serve as a yardstick for national courts as well as upcoming ECtHR precedent. Se le prove ottenute illegalmente debbano essere considerate inammissibili è una questione con cui molte giurisdizioni ancora lottano. Non esiste un criterio riconosciuto a livello internazionale che orienti le giurisdizioni nazionali a tal riguardo. Questo studio si concentra sui due sistemi giuridici esistenti nel diritto dell’UE e in quello della Corte europea dei diritti dell’uomo al fine di identificare i punti di disaccordo e di avvicinare i due sistemi. I risultati suggeriscono che il GDPR non ha fornito alcuna guida per bilanciare i diritti fondamentali incoerenti; pertanto, gli Stati membri dell’UE hanno un’ampia discrezionalità nel far prevalere un diritto rispetto a un altro. Nonostante ciò, al fine di tutelare i diritti fondamentali dell’UE, in particolare il diritto alla protezione dei dati personali (articolo 8 della Carta UE) e l’equità del processo (articolo 47 della Carta), i giudici nazionali, in assenza di orientamenti nazionali, hanno accolto favorevolmente e sono sollecitati a seguire il test dei dieci fattori della sentenza Beuze c. Belgio (CEDU, 8 novembre 2018). Infine, dopo aver esaminato le indicazioni della Corte, il documento modifica parzialmente il test e offre un test più affidabile per conciliare i diritti alla privacy con il diritto a un processo equo. Detto test potrebbe servire da metro di paragone per i tribunali nazionali e per l’imminente precedente della Corte EDU.

Sherli Malma Purnama, Marhaeningsih Marhaeningsih, Ratih Agustin Wulandari

In the Fiduciary Guarantee Law, there are provisions regarding the execution of fiduciary guarantee objects in article 15. Initially, the Fiduciary Guarantee Law gave executorial power to fiduciary guarantee certificates. This means that creditors can execute fiduciary collateral objects without going to court. However, this provision has been canceled by the Constitutional Court in Decision Number 18/PUU-XVII/2019. The Constitutional Court's decision states that the provisions regarding the executorial power of fiduciary guarantee certificates are contrary to the 1945 Constitution of the Republic of Indonesia. This is because these provisions give too broad authority to creditors to execute fiduciary collateral objects without going through court. For this reason, it is necessary to know the legal protection for debtors because in fiduciary guarantees, creditors are superior to debtors. This research method uses a normative method with a statutory approach.

Lang Cao, Zifeng Wang, Cao Xiao et al.

Machine learning shows promise in predicting the outcome of legal cases, but most research has concentrated on civil law cases rather than case law systems. We identified two unique challenges in making legal case outcome predictions with case law. First, it is crucial to identify relevant precedent cases that serve as fundamental evidence for judges during decision-making. Second, it is necessary to consider the evolution of legal principles over time, as early cases may adhere to different legal contexts. In this paper, we proposed a new framework named PILOT (PredictIng Legal case OuTcome) for case outcome prediction. It comprises two modules for relevant case retrieval and temporal pattern handling, respectively. To benchmark the performance of existing legal case outcome prediction models, we curated a dataset from a large-scale case law database. We demonstrate the importance of accurately identifying precedent cases and mitigating the temporal shift when making predictions for case law, as our method shows a significant improvement over the prior methods that focus on civil law case outcome predictions.

Weicheng Huang, Dongze He, Dezhong Tong et al.

In this paper, the nonlinear mechanical response of elastic cable structures under mechanical load is studied based on the discrete catenary theory. A cable net is discretized into multiple nodes and edges in our numerical approach, which is followed by an analytical formulation of the elastic energy and the associated Hessian matrix to realize the dynamic simulation. A fully implicit framework is proposed based on the discrete differential geometry (DDG) theory. The equilibrium configuration of a target object is derived by adding damping force into the system, known as the dynamic relaxation method. The mechanical response of a single suspended cable is investigated and compared with the analytical solution for cross-validation. A more intricate scenario is further discussed in detail, where a structure consisting of multiple slender cables is connected through joints. Utilizing the robustness and efficiency of our discrete numerical framework, a systematic parameter sweep is performed to quantify the force displacement relationships of nets with the different number of cables and different directions of fibers. Finally, an empirical scaling law is provided to account for the rigidity of elastic cable net in terms of its geometric properties, material characteristics, component numbers, and cable orientations. Our results would provide new insight in revealing the connections between flexible structures and tensegrity structures, and could motivate innovative designs in both mechanical and civil engineered equipment.

Milovan Vuković, Dejan Dašić, Aleksandra Vuković

Public Relations (PR), a significant component of the media industry, also represents a management function that helps establish and maintain beneficial connections between the organization and various stakeholders. The evolution of the public relations profession is commonly perceived as a qualitative shift from the unethical practices that dominated several decades since the 1920s to strategically and ethically conducted campaigns in contemporary business. However, when considering the practice of PR in the first decades of the 21st century, numerous concerns arise regarding ethical dilemmas, conflicts, and, consequently, the ethical decisionmaking process. The main objective of this paper is to offer an overview of ethics and its development in PR. The application of ethical principles based on utilitarian, deontological, situational and virtue approaches is discussed. This study also analyzes the most frequently encountered ethical problems in contemporary PR practice. Finally, the paper delves into some models of the ethical decision-making process and discusses the legal consequences of PR.

Yuxiang Gao, Shiming Lei, Eleanor M. Clements et al.

The intrinsic anomalous Hall effect (AHE) has been reported in numerous ferromagnetic (FM) Weyl semimetals. However, AHE in the antiferromagnetic (AFM) or paramagnetic (PM) state of Weyl semimetals has been rarely observed experimentally, and only in centrosymmetric materials. Different mechanisms have been proposed to establish the connection between the AHE and the type of magnetic order. In this paper, we report AHE in both the AFM and PM states of non-centrosymmetric compound SmAlSi. To account for the AHE in non-centrosymmetric Weyl semimetals without FM, we introduce a new mechanism based on magnetic field-induced Weyl nodes evolution. Angle-dependent quantum oscillations in SmAlSi provide evidence for the Weyl points and large AHE in both the PM and the AFM states. The proposed mechanism qualitatively explains the temperature dependence of the anomalous Hall conductivity (AHC), which displays unconventional power law behavior of the AHC in both AFM and PM states of SmAlSi.

Théo Voldoire, Robin J. Ryder, Ryan Lahfa

Elite civil servants may come and go between the public and private sectors throughout their career, a process of particular interest for the public and social scientists. However, data to document such processes are rarely completely available: we need inference tools that can account for many missing values. We consider public-private paths of elite French civil servants and introduce binary Markov switching models with Bayesian data augmentation. Our procedure relies on two complementary data sources: (1) detailed observations of some individual trajectories obtained from LinkedIn; (2) less informative ``traces'' left by all individuals in the administrative record, which we model for missing data imputation. This model class maintains the properties of hidden Markov models and enables a tailored sampler to target the posterior, yet allows for varying parameters across individuals and time. By integrating the two sources, we can consider the whole population rather than just a sample, and avoid the biases that would stem from using only a single source. We demonstrate this allows to properly test substantive hypotheses on career paths across a variety of public organizations. We notably show that the probability for ENA graduates to exit the public sector has not increased since 1990, but that the probability they return has increased. We identify three clusters of organizations, with distinct patterns of public-private behaviors.

Jordi Nieva Fenoll

The burden of proof, a notion specific to the medieval Roman-canonical process but alien to the four Roman procedural systems, ought to have become obsolete with the introduction of the free assessment of evidence. However, doctrinal and jurisprudential inertia in the use of traditional concepts, as well as the conservation of biphasic processes in legal systems of Anglo-Saxon origin, including the Roman-canonical process, have favoured the persistence of a notion that, when observed objectively, has ceased to have any legitimate practical value in current judicial processes.

Consejo Ejecutivo

Roohollah Rahami, Fatemeh Mohseni Jeihani

AbstractMany codes advocating public morals have been challenged during recent years. The decriminalization of immoral acts, as one of the most important aspects of modern criminal law, has been rooted in the arguments of scholars such as John Stuart Mill and Joel Feinberg on the state intervention in individual liberties. These scholars by developing freedom restricting principles have advocated a kind of minimalist criminalization in the sphere of public morality. Moreover, the international human rights law system, in an effort to balance cultural diversity and universal values, has endorsed public morality as one of the permissible restrictions on unrestricted civil-political liberties. In fact, following developments in the performance of governments in the field of public morality, the international human rights system, by providing a progressive interpretation of the principles governing criminalization, reject the legal moralism has attempted to defend a kind of rights-oriented criminalization that protects the rights and freedoms of vulnerable people.

Eddy Keming Chen, Sheldon Goldstein

The Great Divide in metaphysical debates about laws of nature is between Humeans, who think that laws merely describe the distribution of matter, and non-Humeans, who think that laws govern it. The metaphysics can place demands on the proper formulations of physical theories. It is sometimes assumed that the governing view requires a fundamental / intrinsic direction of time: to govern, laws must be dynamical, producing later states of the world from earlier ones, in accord with the fundamental direction of time in the universe. In this paper, we propose a minimal primitivism about laws of nature (MinP) according to which there is no such requirement. On our view, laws govern by constraining the physical possibilities. Our view captures the essence of the governing view without taking on extraneous commitments about the direction of time or dynamic production. Moreover, as a version of primitivism, our view requires no reduction / analysis of laws in terms of universals, powers, or dispositions. Our view accommodates several potential candidates for fundamental laws, including the principle of least action, the Past Hypothesis, the Einstein equation of general relativity, and even controversial examples found in the Wheeler-Feynman theory of electrodynamics and retrocausal theories of quantum mechanics. By understanding governing as constraining, non-Humeans who accept MinP have the same freedom to contemplate a wide variety of candidate fundamental laws as Humeans do.

Matteo Ippoliti, Tibor Rakovszky, Vedika Khemani

The extension of many-body quantum dynamics to the non-unitary domain has led to a series of exciting developments, including new out-of-equilibrium entanglement phases and phase transitions. We show how a duality transformation between space and time on one hand, and unitarity and non-unitarity on the other, can be used to realize steady state phases of non-unitary dynamics that exhibit a rich variety of behavior in their entanglement scaling with subsystem size -- from logarithmic to extensive to \emph{fractal}. We show how these outcomes in non-unitary circuits (that are "spacetime-dual" to unitary circuits) relate to the growth of entanglement in time in the corresponding unitary circuits, and how they differ, through an exact mapping to a problem of unitary evolution with boundary decoherence, in which information gets "radiated away" from one edge of the system. In spacetime-duals of chaotic unitary circuits, this mapping allows us to uncover a non-thermal volume-law entangled phase with a logarithmic correction to the entropy distinct from other known examples. Most notably, we also find novel steady state phases with \emph{fractal} entanglement scaling, $S(\ell) \sim \ell^α$ with tunable $0 < α< 1$ for subsystems of size $\ell$ in one dimension. These fractally entangled states add a qualitatively new entry to the families of many-body quantum states that have been studied as energy eigenstates or dynamical steady states, whose entropy almost always displays either area-law, volume-law or logarithmic scaling. We also present an experimental protocol for preparing these novel steady states with only a very limited amount of postselection via a type of "teleportation" between spacelike and timelike slices of quantum circuits.

M. Toffel, Jodi L. Short, Melissa Ouellet

Juan Espinoza Espinoza

Stefan Steinerberger

Let $p_n(x)$ be a polynomial of degree $n$ having $n$ distinct, real roots distributed according to a nice probability distribution $u(0,x)dx$ on $\mathbb{R}$. One natural problem is to understand the density $u(t,x)$ of the roots of the $(t\cdot n)-$th derivative of $p_n$ where $0 < t < 1$ as $n \rightarrow \infty$. We derive an \textit{infinite} number of conversation laws for the evolution of $u(t,x)$. The first three are \begin{align*} \int_{\mathbb{R}}{ u(t,x) ~ dx} = 1-t, \qquad \qquad \int_{\mathbb{R}}{ u(t,x) x ~ dx} = \left(1-t\right)\int_{\mathbb{R}}{ u(0,x) x~ dx}, \qquad \int_{\mathbb{R}} \int_{\mathbb{R}} u(t,x) (x-y)^2 u(t,y) ~ dx dy = (1-t)^3 \int_{\mathbb{R}} \int_{\mathbb{R}} u(0,x) (x-y)^2 u(0,y) ~ dx dy. \end{align*} The author suggested that $u(t,x)$ might evolve according to a nonlocal evolution equation involving the Hilbert transform; this has been verified for two special closed form solutions -- these conservation laws thus point to interesting identities for the Hilbert transform. We discuss many open problems.

Valentin D. Ivanov, Juan Carlos Beamin, Claudio Caceres et al.

Abridged: The interest towards searches for extraterrestrial civilizations (ETCs) was boosted by the discovery of thousands of exoplanets. We turn to the classification of ETCs for new considerations that may help to design better strategies for ETCs searches. We take a basic taxonomic approach to ETCs and investigate the implications of the new classification on ETCs observational patterns. We use as a counter-example to our qualitative classification the quantitative scheme of Kardashev. We propose a classification based on the abilities of ETCs to modify their environment and to integrate with it: Class 0 uses the environment as it is, Class 1 modifies the it to fit its needs, Class 2 modifies itself to fit the environment and Class 3 ETC is fully integrated with the environment. Combined with the classical Kardashev's scale our scheme forms a 2d scheme for interpreting ETC properties. The new framework makes it obvious that the available energy is not an unique measure of ETCs, it may not even correlate with how well that energy is used. The possibility for progress without increased energy consumption implies lower detectability, so the existence of a Kardashev Type III ETC in the Milky Way cannot be ruled out. This reasoning weakens the Fermi paradox, allowing the existence of advanced, yet not energy hungry, low detectability ETCs. The integration of ETCs with environment makes it impossible to tell apart technosignatures from natural phenomena. Thus, the most likely opportunity for SETI searches is to look for beacons, specifically set up by them for young civilizations like us (if they want to do that is a matter of speculation). The other SETI window is to search for ETCs at technological level close to ours. To rephrase the saying of A. Clarke, sufficiently advanced civilizations are indistinguishable from nature.