Hasil untuk "Law of Europe"

John A. Freeman, Glenn R Carroll, M. Hannan

Masha Medvedeva, Michel Vols, M. Wieling

When courts started publishing judgements, big data analysis (i.e. large-scale statistical analysis of case law and machine learning) within the legal domain became possible. By taking data from the European Court of Human Rights as an example, we investigate how natural language processing tools can be used to analyse texts of the court proceedings in order to automatically predict (future) judicial decisions. With an average accuracy of 75% in predicting the violation of 9 articles of the European Convention on Human Rights our (relatively simple) approach highlights the potential of machine learning approaches in the legal domain. We show, however, that predicting decisions for future cases based on the cases from the past negatively impacts performance (average accuracy range from 58 to 68%). Furthermore, we demonstrate that we can achieve a relatively high classification performance (average accuracy of 65%) when predicting outcomes based only on the surnames of the judges that try the case.

Brenna Bhandar

In Colonial Lives of Property Brenna Bhandar examines how modern property law contributes to the formation of racial subjects in settler colonies and to the development of racial capitalism. Examining both historical cases and ongoing processes of settler colonialism in Canada, Australia, and Israel and Palestine, Bhandar shows how the colonial appropriation of indigenous lands depends upon ideologies of European racial superiority as well as upon legal narratives that equate civilized life with English concepts of property. In this way, property law legitimates and rationalizes settler colonial practices while it racializes those deemed unfit to own property. The solution to these enduring racial and economic inequities, Bhandar demonstrates, requires developing a new political imaginary of property in which freedom is connected to shared practices of use and community rather than individual possession.

Samy Chahri

Răzvan Viorescu

Yaniv Erlich, T. Shor, I. Pe’er et al.

Detecting familial matches Recent advances in DNA technology and companies that provide array-based testing have led to services that collect, share, and analyze volunteered genomic information. Privacy concerns have been raised, especially in light of the use of these services by law enforcement to identify suspects in criminal cases. Testing models of relatedness, Erlich et al. show that many individuals of European ancestry in the United States—even those that have not undergone genetic testing—can be identified on the basis of available genetic information. These results indicate a need for procedures to help maintain genetic privacy for individuals. Science, this issue p. 690 Genetic privacy is difficult to maintain in light of forensic searches of genetic genealogical databases. Consumer genomics databases have reached the scale of millions of individuals. Recently, law enforcement authorities have exploited some of these databases to identify suspects via distant familial relatives. Using genomic data of 1.28 million individuals tested with consumer genomics, we investigated the power of this technique. We project that about 60% of the searches for individuals of European descent will result in a third-cousin or closer match, which theoretically allows their identification using demographic identifiers. Moreover, the technique could implicate nearly any U.S. individual of European descent in the near future. We demonstrate that the technique can also identify research participants of a public sequencing project. On the basis of these results, we propose a potential mitigation strategy and policy implications for human subject research.

Y. Vitasse, C. Signarbieux, Yongshuo H. Fu

Balazs Gyenis

I argue that if a special science satisfies certain key assumptions that are familiar from physicalist accounts of the special sciences and from physics, then its causal regularities have an associated notion of entropy, and that this causal entropy cannot decrease from a robust cause to its effect. Due to its analogy with the second laws of thermodynamics and statistical physics, I call the latter conclusion the causal second law. In this paper, I clarify the key assumptions, prove the causal second law, give sufficient conditions for causal entropy increase, relate the causal second law to statistical mechanics and thermodynamics, and argue that the reversibility objection does not threaten it. In addition, I claim that the causal second law is compatible with a non-metaphysical understanding of supervenience and the open systems view, argue that it does not imply a causal time arrow, reflect on relaxing the robustness condition, question whether it is necessary to invoke thermodynamics to show that special sciences' time arrows exist, and discuss a transition-relative-frequency-based, special-science-internal characterization of causal regularities.

Nikola R. Milosavljević

On June 11, 2025, Disney and Universal Studios filed a lawsuit against artificial intelligence (hereinafter: AI) company Midjourney for copyright infringement. This is the first lawsuit filed by major Hollywood companies against an AI company, and therefore it has the potential to establish a significant precedent for generative AI. Having this in mind, the author will attempt to examine the legal issues presented by generative AI and its implications for copyright protection. This paper is a comparative study of U.S. and European law with respect to the challenges posed by generative AI, and it proposes solutions to these issues, taking into account the differences in these legal traditions. Through the use of legal-dogmatic and comparative methods, as well as case study, analytic, and synthetic methods, the author aims to identify a universal solution to the global problem represented by AI – a problem that has been brought to the forefront by this and many other lawsuits.

Juan Garcia Blesa

(Series Information) European Papers - A Journal on Law and Integration, 2025 10(2), 405-434 | Article | (Table of Contents) 1. Introduction. – 2. Making European law-application more culturally sensitive: the ECtHR’s application of the legal certainty principle as a case-study. – 2.1. The uncertainties of legal certainty and the ECtHR’s assessment of foreseeability and normative precision. – 2.2. Adding shades of social legitimacy to the ECtHR’s assessment of foreseeability – 3. The cultural dimensions of legal certainty. – 3.1. The study of culture through cultural dimensions. – 3.2. Uncertainty avoidance and legal certainty. – 3.3. Individualism and legal certainty. – 3.4. UA and IDV in the ECtHR’s case-law on legal certainty. – 4. Main theoretical and practical qualifications about the intercultural approach to law. – 4.1. The importance of adopting a nuanced cultural model: the ‘fuzziness’ of culture and the use of macro-level cultural knowledge. – 4.2. Qualifications about the use of cultural dimensions. – 4.3. The question of the generality of norms and non-discrimination. – 5. Final remarks. | (Abstract) The need to take cultural differences into account when dealing with transnational legal problems or implementing legal concepts and principles across countries is widely acknowledged by international institutions and the academia. In this sense, there are important initiatives to funnel ‘external’ cultural expertise into the legal process (e.g. in court proceedings). Yet, the meaningful integration of cultural knowledge into legal work requires lawyers to play an active and guiding role in this exchange so as to shape its modalities, impact and scope. In particular, this involves the identification of professionally intelligible forms of cultural knowledge and the development of potential avenues for their practical integration into legal routines “from within” the legal profession. For this purpose, this article explores the use of the intercultural communication body of knowledge as a means to enrich European human rights adjudication. Focusing on the European Court of Human Rights doctrine on legal certainty and applying intercultural indexes like Uncertainty Avoidance and Individualism to supplement the Court’s assessment of the necessary levels of legal predictability, this work examines the potential viability of relying on that particular body of knowledge for a systematic, large-scale interdisciplinary exchange. With certain qualifications, the conclusions support the advisability of this type of exchange and point to further steps in this direction.

Hans Petter Graver

A main question of the paper is why the courts, and the judiciary are such a main focus of those in power who attack liberal democracy today. First it adresses the connections between democratic decline and rule of law backsliding. Then it adresses some historical perspectives and compare the present situation to autocracies and totalitarian experiences in Europe in the twentieth century. Finally, it discusses different measures taken by autocratic rulers to limit judicial control, how to distinguish such measures from measures of legitimate legal reform, and how to counter such measures.

M. N. Tarabishy

In this work, we introduce the Law of Closest Approach which is derived from the properties of conic orbits and can be considered an addendum to the laws of Kepler. It states that on the closest approach, the distance between the objects is minimal and the velocity vector is perpendicular to the position vector with maximum speed. The ratio of twice the kinetic energy to the negative potential energy is equal to the eccentricity plus one. The advantage of this law is that both speed and position are at extremum making the calculation of the eccentricity more robust.

Solechan Solechan

This research aims to analyze the role of sabilussalam recitation in improving the spiritual attitudes and religious moderation of residents of Sugiharjo village, Tuban District. This research uses a qualitative approach with a case study type of research. The first research result was that the Sabilussalam recitation was carried out in rotation in the congregation's homes every Friday night. The material presented includes reading yasin and tahlil letters, reading sholawat dibaiyah, and maidhoh hasanah. The method used in recitation is the lecture and question and answer method. Second, the spiritual improvement of Sugiharjo village residents includes increasing faith and piety, religious awareness, and concern. Third, the moderate attitude of Sugiharjo village residents is divided into moderate attitudes in matters of faith and moderate attitudes in matters of worship. A moderate attitude in faith includes tolerating differences in schools of thought, avoiding takfiri attitudes and avoiding fanaticism. A moderate attitude in worship matters is tolerance towards religious practices, active participation in social and religious activities, and respect for differences in understanding of beliefs.

Mónica Edwards-Schachter

Von Schomberg offers a compelling examination of key open science principles and their potential role in fostering responsible research and innovation (RRI). Utilizing Merton's Ethos of Science framework, the paper constructs a series of arguments supporting a central thesis: “the transition towards open science is vital to facilitate RRI.” This transition necessitates significant institutional reforms within the scientific community and adjustments to incentive structures that promote the adoption of open and mutually responsive practices. The manuscript reframes the discourse surrounding responsibility and responsiveness in light of the evolving landscape of open science, shifting the focus from normative commitments to actionable frameworks in research and open science practices. Overall, the position paper strives to bridge the gap between idealised models of scientific communities based on RRI principles and the reality of actual scientific endeavour (Anderson et al., 2007; Politi, 2021, 2024). However, it is important to acknowledge certain omissions that could enrich the analysis. Firstly, a more comprehensive examination of the profound crisis facing science amidst the increasing marketisation and commodification of academia and research would provide valuable context beyond discussions of system failures related to productivity and reproducibility. Secondly, a more nuanced and critical approach to conceptualising open science would enrich the discussion, considering its multifaceted nature and potential pitfalls. Thirdly, the validity of the Mertonian framework and its selective analysis of values, particularly its exclusive focus on the norm of communism. Lastly, a deeper exploration of the challenges and promises inherent in the pursuit of responsible Open Science within ongoing institutional processes.

Artem Kosheliev

This article is devoted to the attitudes of U.S. citizens toward new residents in the context of the migration crisis of 2022–2024. Understanding the socio-political views of Americans provides deeper insights into the intense confrontation between Republicans and Democrats in the U.S. Congress, which began in late 2023 and continued into early 2024. The study aims to clarify how public sentiments changed following the surge in illegal immigration and to identify the reasons behind these changes in public perception. Therefore, the goal of the research was to determine American citizens’ attitudes toward immigration into the U.S., and to identify the causes of their concerns and changes in attitudes during the migration crisis of 2022–2024. The scientific novelty of the research lies in the introduction and analysis of new sources on the history of the American migration crisis of 2022–2024. Based on empirical data, it has been proven that the surge in illegal immigration, rather than migration in general, led to significant shifts in public attitudes toward migrants, and subsequently, to a political crisis in the country. The methodological foundation of the article is the principle of historicism, widely applied in contemporary historical research practices. To accomplish the research objective, a positivist approach was employed, according to which the study must be based on empirical data derived from sources. The comparative method was used in the analysis of source materials, allowing for a detailed observation of changes in public sentiments over a specific period. Conclusions. The migration crisis of 2022–2024, which the U.S. faced, became the country’s greatest humanitarian challenge in decades. It exacerbated internal political strife due to widespread public dissatisfaction with the influx of illegal migrants. This dissatisfaction is clearly traceable through statistical data from government bodies and public opinion surveys conducted by major U.S. research centers such as Pew Research Center and Gallup. The highest percentage of citizens, since the September 11, 2001, terrorist attacks, expressing a desire to reduce immigration levels is a clear indication of the crisis that has engulfed the country.

Xiaowei Gao, Xinke Jiang, Dingyi Zhuang et al.

Traffic accidents present substantial challenges to human safety and socio-economic development in urban areas. Developing a reliable and responsible traffic accident prediction model is crucial to addressing growing public safety concerns and enhancing the safety of urban mobility systems. Traditional methods face limitations at fine spatiotemporal scales due to the sporadic nature of highrisk accidents and the predominance of non-accident characteristics. Furthermore, while most current models show promising occurrence prediction, they overlook the uncertainties arising from the inherent nature of accidents, and then fail to adequately map the hierarchical ranking of accident risk values for more precise insights. To address these issues, we introduce the Spatiotemporal Zero-Inflated Tweedie Graph Neural Network STZITDGNN -- the first uncertainty-aware probabilistic graph deep learning model in roadlevel traffic accident prediction for multisteps. This model integrates the interpretability of the statistical Tweedie family model and the expressive power of graph neural networks. Its decoder innovatively employs a compound Tweedie model,a Poisson distribution to model the frequency of accident occurrences and a Gamma distribution to assess injury severity, supplemented by a zeroinflated component to effectively identify exessive nonincident instances. Empirical tests using realworld traffic data from London, UK, demonstrate that the STZITDGNN surpasses other baseline models across multiple benchmarks and metrics, including accident risk value prediction, uncertainty minimisation, non-accident road identification and accident occurrence accuracy. Our study demonstrates that STZTIDGNN can effectively inform targeted road monitoring, thereby improving urban road safety strategies.

Charles J. Law, Felipe Alarcón, L. Ilsedore Cleeves et al.

The central star and its energetic radiation fields play a vital role in setting the vertical and radial chemical structure of planet-forming disks. We present observations that, for the first time, clearly reveal the UV-irradiated surface of a protoplanetary disk. Specifically, we spatially resolve the atomic-to-molecular (C I-to-CO) transition in the IM Lup disk with ALMA archival observations of [C I] $^3$P$_1$-$^3$P$_0$. We derive a C I emitting height of z/r $\gtrsim$ 0.5 with emission detected out to a radius of ${\approx}$600 au. Compared to other systems with C I heights inferred from unresolved observations or models, the C I layer in the IM Lup disk is at scale heights almost double that of other disks, confirming its highly flared nature. C I arises from a narrow, optically-thin layer that is substantially more elevated than that of $^{12}$CO (z/r $\approx$ 0.3-0.4), which allows us to directly constrain the physical gas conditions across the C I-to-CO transition zone. We also compute a radially-resolved C I column density profile and find a disk-averaged C I column density of 2$\times10^{16}$ cm$^{-2}$, which is ${\approx}$3-20$\times$ lower than that of other disks with spatially-resolved C I detections. We do not find evidence for vertical substructures or spatially-localized deviations in C I due, e.g., to either an embedded giant planet or a photoevaporative wind that have been proposed in the IM Lup disk, but emphasize that deeper observations are required for robust constraints.

Gideon Amir, Guy Blachar, Maria Gerasimova et al.

We study the probability that certain laws are satisfied on infinite groups, focusing on elements sampled by random walks. For several group laws, including the metabelian one, we construct examples of infinite groups for which the law holds with high probability, but the group does not satisfy the law virtually. On the other hand, we show that if an infinite group satisfies the law $x^2=1$ with positive probability, then it is virtually abelian.

Joanna Marszałek-Kawa, Kateryna Holovko

Restrictions in the sphere of civil rights and freedoms introduced by governments led to the numerous demonstrations of citizens in the whole world. During street protests, they expressed their disapproval of the radical measures taken by authorities. The main research problem of this paper relates to the impact of repression on the course of social protest using the example of Estonia. The findings of the study will serve as the basis for formulating more general conclusions concerning protests in the pandemic era. We will describe repressive and non-repressive protest policing from the spring of 2020 to the autumn of 2021. Having in mind the above, we formulated two principal research aims. The first of them refers to the identification of the main reasons behind the organisations of protests in Estonia and what steps the demonstrators took. The other, equally important research aim is to establish what factors influenced the course of demonstrations. In particular, the response of the police to civil disorder will be analysed. The thesis posed in this paper assumes that the high level of political culture, resulting in trust in the institution of the state, contributes to the de-escalation of protests and influences the non-repressive behaviour of the police towards demonstrators. The method used in this study is the qualitative source analysis text analysis. It draws on the technique of content analysis of the specific media coverage of the activities of the police and protest participants during the indicated period. The study rests on the reports that appeared on the most important websites and Internet portals reporting on the course of the protests.