Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.02
Mohammad AL-Atwi
Abstract Returning to the claims of the era that appeared in the carrier antiquity, and their movement, and related to the demand for the renewal of religious discourse, a sect of this nation has emerged, and it is capable of re-reading the texts. This study aims to clarify and critique the position of one of the largest contemporary intellectual currents on the purposes of Sharia. The study concluded in a statement and criticism of the position of the modernists regarding the presentation of the purposes over the texts and fundamentalist ills to: that the intentional understanding that the modernists adopted to derive rulings through it is an incorrect understanding as it led them In many deviations through their dealings with the legal texts، and he does not pay attention to the legitimate purposes in isolation from the texts، and the wrong modernist employment of the purposes is an attempt to evade the legal provisions and rebel against the partial texts on the pretext that these provisions are specific to a certain time period and environmental conditions. Keywords: modernity، objectives of Sharia، Sharia texts.
{"title":"Interpretations of the Modernists in Understanding Texts and Employing Them Under the Pretext of Legal Objectives","authors":"Mohammad AL-Atwi","doi":"10.15849/zujjls.221130.02","DOIUrl":"https://doi.org/10.15849/zujjls.221130.02","url":null,"abstract":"Abstract Returning to the claims of the era that appeared in the carrier antiquity, and their movement, and related to the demand for the renewal of religious discourse, a sect of this nation has emerged, and it is capable of re-reading the texts. This study aims to clarify and critique the position of one of the largest contemporary intellectual currents on the purposes of Sharia. The study concluded in a statement and criticism of the position of the modernists regarding the presentation of the purposes over the texts and fundamentalist ills to: that the intentional understanding that the modernists adopted to derive rulings through it is an incorrect understanding as it led them In many deviations through their dealings with the legal texts، and he does not pay attention to the legitimate purposes in isolation from the texts، and the wrong modernist employment of the purposes is an attempt to evade the legal provisions and rebel against the partial texts on the pretext that these provisions are specific to a certain time period and environmental conditions. Keywords: modernity، objectives of Sharia، Sharia texts.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"128 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114644819","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.08
Aseel K AbuSara, Majd Abubaker
Abstract This study tackled the issue of human trafficking and illegal immigration as stated in international agreements and national legislation. Light was shed on Jordanian legislation as the subject of this study. The study aims at discussing the concept of human trafficking and illegal immigration. The problem arises from the confusion between human trafficking and illegal immigration, as the immigrant might be the victim of two crimes: trafficking and smuggling. The study concluded that each of these two concepts has its own meaning. Despite the fact that they are different, they are confusing. The researchers came up with a criterion by which they could differentiate between trafficking and immigration, thus avoiding confusion. In addition, they elaborated on similarities and dissimilarities to clarify ambiguity. Keywords: Human trafficking, Illegal immigration, Palermo protocol, Organized crime.
{"title":"The Relationship between Illegal Immigration and Human Trafficking in light of International Conventions and Jordanian Legislation","authors":"Aseel K AbuSara, Majd Abubaker","doi":"10.15849/zujjls.221130.08","DOIUrl":"https://doi.org/10.15849/zujjls.221130.08","url":null,"abstract":"Abstract This study tackled the issue of human trafficking and illegal immigration as stated in international agreements and national legislation. Light was shed on Jordanian legislation as the subject of this study. The study aims at discussing the concept of human trafficking and illegal immigration. The problem arises from the confusion between human trafficking and illegal immigration, as the immigrant might be the victim of two crimes: trafficking and smuggling. The study concluded that each of these two concepts has its own meaning. Despite the fact that they are different, they are confusing. The researchers came up with a criterion by which they could differentiate between trafficking and immigration, thus avoiding confusion. In addition, they elaborated on similarities and dissimilarities to clarify ambiguity. Keywords: Human trafficking, Illegal immigration, Palermo protocol, Organized crime.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"71 6","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"120871603","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.07
Sajad Alhammada
Abstract This research study emphasizes the key elements of the franchise contract as a modern contract with which there was no legislative system for its provisions in the Arab countries as a whole. As no Arab legislative system has ever brought up such form of contracts, the researcher applied descriptive, analytical, and comparative methods to achieve the desired goal of this study, which is to address the areas of ambiguity and deficiencies that surrounded it and try to compile its dispersed texts and suggest some solutions that may facilitate the provisions of this contract and work with it in the interest of both parties to the contract. Therefore, the researcher reached for a set of results and recommendations, the most important of which was the presence of some miscellaneous texts related to commercial franchise contracts in Jordanian and comparative legislation despite the absence of a legal system that shows the merits and parts of the franchise contract. As for this matter, the researcher recommends the necessity of regulating its provisions through its own legislative system, and the necessity of imposing penal sanctions anytime a party would violate any breach of the contract. Keywords: Franchise contract, Franchise, Trademark.
{"title":"Franchise Contract in Jordanian Legislation: A comparative Study","authors":"Sajad Alhammada","doi":"10.15849/zujjls.221130.07","DOIUrl":"https://doi.org/10.15849/zujjls.221130.07","url":null,"abstract":"Abstract This research study emphasizes the key elements of the franchise contract as a modern contract with which there was no legislative system for its provisions in the Arab countries as a whole. As no Arab legislative system has ever brought up such form of contracts, the researcher applied descriptive, analytical, and comparative methods to achieve the desired goal of this study, which is to address the areas of ambiguity and deficiencies that surrounded it and try to compile its dispersed texts and suggest some solutions that may facilitate the provisions of this contract and work with it in the interest of both parties to the contract. Therefore, the researcher reached for a set of results and recommendations, the most important of which was the presence of some miscellaneous texts related to commercial franchise contracts in Jordanian and comparative legislation despite the absence of a legal system that shows the merits and parts of the franchise contract. As for this matter, the researcher recommends the necessity of regulating its provisions through its own legislative system, and the necessity of imposing penal sanctions anytime a party would violate any breach of the contract. Keywords: Franchise contract, Franchise, Trademark.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"13 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127755733","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.09
Raghad Almuhaisen
Abstract The principle of non-refoulement is considered one of the basic principles in the international refugee law, as it protects the refugees from falling at the hands of the authorities persecuting them. The rights that the refugees enjoy according to the international conventions is considered as obligations over the refugees’ host State. The most important of which are: Right to protection against refoulement and constraining the host State’s authority regarding the expulsion of the refugee. The international refugee law rejects the expulsion of the refugee. Also, the principle of Non Refoulement is well entrenched in customary international law; it is binding for contracting and non-contracting states. In addition, he Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order. Articles (32) and (33) of the 1951 refugee convention are the core of international refugee protection. Keywords: Refoulement of Refugee, Host State, the 1951 refugee convention.
{"title":"Non-Refoulement of Refugees in International Law","authors":"Raghad Almuhaisen","doi":"10.15849/zujjls.221130.09","DOIUrl":"https://doi.org/10.15849/zujjls.221130.09","url":null,"abstract":"Abstract The principle of non-refoulement is considered one of the basic principles in the international refugee law, as it protects the refugees from falling at the hands of the authorities persecuting them. The rights that the refugees enjoy according to the international conventions is considered as obligations over the refugees’ host State. The most important of which are: Right to protection against refoulement and constraining the host State’s authority regarding the expulsion of the refugee. The international refugee law rejects the expulsion of the refugee. Also, the principle of Non Refoulement is well entrenched in customary international law; it is binding for contracting and non-contracting states. In addition, he Contracting States shall not expel a refugee lawfully in their territory save on grounds of national security or public order. Articles (32) and (33) of the 1951 refugee convention are the core of international refugee protection. Keywords: Refoulement of Refugee, Host State, the 1951 refugee convention.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"36 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129168564","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.11
E. Karim
Abstract Medical profession is one of the most important human professions, since doctors’ duties are to treat patients who put their bodies at the disposal of the physician to get rid of the pain they suffer from. Indeed, this may sometimes require surgical intervention, in which the patient’s life may depend on. Therefore, the practice of this profession imposes a legal duty besides a humanitarian one. As the doctor must render the necessary care and service for patients due to principles and rules of medical profession. However, the doctor may not adhere to the rules and principles of the medical practice when treating patients, this is when the doctor makes an error and he/she could face legal liability for medical malpractice. This research presents the nature of this error in terms of its concept, conditions, and legal standard. It also tackles its different forms in regard to its relation with medical profession, or to different stages of treatment. Keywords: forms of malpractice, medical malpractice, civil responsibility.
{"title":"Forms of Medical Malpractice in the Civil Liability according to the Jordanian Law","authors":"E. Karim","doi":"10.15849/zujjls.221130.11","DOIUrl":"https://doi.org/10.15849/zujjls.221130.11","url":null,"abstract":"Abstract Medical profession is one of the most important human professions, since doctors’ duties are to treat patients who put their bodies at the disposal of the physician to get rid of the pain they suffer from. Indeed, this may sometimes require surgical intervention, in which the patient’s life may depend on. Therefore, the practice of this profession imposes a legal duty besides a humanitarian one. As the doctor must render the necessary care and service for patients due to principles and rules of medical profession. However, the doctor may not adhere to the rules and principles of the medical practice when treating patients, this is when the doctor makes an error and he/she could face legal liability for medical malpractice. This research presents the nature of this error in terms of its concept, conditions, and legal standard. It also tackles its different forms in regard to its relation with medical profession, or to different stages of treatment. Keywords: forms of malpractice, medical malpractice, civil responsibility.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"74 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"121683513","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.05
Hala Al-Saghir Sarbel
Abstract The issue of the UN Security Council’s practice of referring situations to the International Criminal Court and its impact on the application of criminal justice is of particular importance, as the provisions of the Rome Statute grant the Security Council effective authority in the work of the International Criminal Court; by granting the council the authority to refer to the International Criminal Court in accordance with Article 13, paragraph (b) of the Statute of the Court, in view of the role of the Council in maintaining international peace and security in accordance with Chapter VII of the Charter of the United Nations. Accordingly, this study clearly revealed that the Security Council adopted a policy of double standards in regard to international events, which caused a lack of credibility and integrity of the International Criminal Court. Keywords: Practice of referring situations, UN Security Council, Criminal justice, International Criminal Court.
{"title":"The UN Security Council’s Practice of Referring Situations and its Impact on the Application of Criminal Justice","authors":"Hala Al-Saghir Sarbel","doi":"10.15849/zujjls.221130.05","DOIUrl":"https://doi.org/10.15849/zujjls.221130.05","url":null,"abstract":"Abstract The issue of the UN Security Council’s practice of referring situations to the International Criminal Court and its impact on the application of criminal justice is of particular importance, as the provisions of the Rome Statute grant the Security Council effective authority in the work of the International Criminal Court; by granting the council the authority to refer to the International Criminal Court in accordance with Article 13, paragraph (b) of the Statute of the Court, in view of the role of the Council in maintaining international peace and security in accordance with Chapter VII of the Charter of the United Nations. Accordingly, this study clearly revealed that the Security Council adopted a policy of double standards in regard to international events, which caused a lack of credibility and integrity of the International Criminal Court. Keywords: Practice of referring situations, UN Security Council, Criminal justice, International Criminal Court.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"129900003","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.01
Mohammad Shtayah
Abstract Human rights are indivisible and are considered as the basis of enjoyment of civil, political, economic, social, and cultural rights. It also ensures safe environment to exercise these rights through sustaining civil peace under the rule of law. Therefore, the researcher utilised the historical and analytical descriptive approaches. The findings confirm: first, that civil peace is a fundamental pillar of sustainable development of societies. Second, civil peace in Palestine is at its worst and at risk. In addition to this, the consequences of the collapse of civil peace in Palestinian society will have serious repercussions on the Palestinian cause. The researcher then reached a number of recommendations to restore civil peace in Palestinian society, some of which are: First, to renounce the culture of violence that sowed hatred and revenge among younger generations. Next, to invite the Supreme Council of the Judiciary to develop judges' skills and legal expertise. Then, to call on judges to expedite the disposition of cases before them to ensure fairness of the justice system. Finally, to call on the Palestinian legislature to codify the relationship between tribal customary law and the rule of law. Keywords: Tribal customary law, civil peace, rule of law, relationship of the tribal customary law and civil peace.
{"title":"Civil Peace of Palestinian Society between the Rule of Law and the Tribal Customary Law Analytical Study”","authors":"Mohammad Shtayah","doi":"10.15849/zujjls.221130.01","DOIUrl":"https://doi.org/10.15849/zujjls.221130.01","url":null,"abstract":"Abstract Human rights are indivisible and are considered as the basis of enjoyment of civil, political, economic, social, and cultural rights. It also ensures safe environment to exercise these rights through sustaining civil peace under the rule of law. Therefore, the researcher utilised the historical and analytical descriptive approaches. The findings confirm: first, that civil peace is a fundamental pillar of sustainable development of societies. Second, civil peace in Palestine is at its worst and at risk. In addition to this, the consequences of the collapse of civil peace in Palestinian society will have serious repercussions on the Palestinian cause. The researcher then reached a number of recommendations to restore civil peace in Palestinian society, some of which are: First, to renounce the culture of violence that sowed hatred and revenge among younger generations. Next, to invite the Supreme Council of the Judiciary to develop judges' skills and legal expertise. Then, to call on judges to expedite the disposition of cases before them to ensure fairness of the justice system. Finally, to call on the Palestinian legislature to codify the relationship between tribal customary law and the rule of law. Keywords: Tribal customary law, civil peace, rule of law, relationship of the tribal customary law and civil peace.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"639 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116340897","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.13
Malik Al-Hamimat
Abstract Testimony and reporting are among the most important means of proof in criminal law. This is because penal articles cannot rely on written evidence to prove all crimes, since it is based on sudden events that occur without prior agreement. Therefore, the researcher divides the study into two sections; the first of which presents the nature of testimony and whistleblowing and its significance in Jordanian legislation. The second section tackles the protection of witnesses and whistleblowers in Jordanian law and international covenants. This research study reached a number of results, most important of which is that there is no provision in the Jordanian Code of Criminal Procedure to protect the witness and the whistleblower from coercion. Despite the Jordanian legislator’s accession and ratification of international conventions related to witness protection, it did not keep pace with the great development stipulated in international conventions. Finally, the researcher recommends that the Jordanian legislator put a provision on protecting the witness from coercion in the Jordanian Code of Criminal Procedure. Keywords: Legal protection, Witnesses, Whistleblower, Jordanian law
{"title":"Criminal Protection for Witnesses and Whistleblowers of Corruption Crimes in Light of the Jordanian Integrity and Anti-Corruption Law No. (13) of 2016 and its Amendments","authors":"Malik Al-Hamimat","doi":"10.15849/zujjls.221130.13","DOIUrl":"https://doi.org/10.15849/zujjls.221130.13","url":null,"abstract":"Abstract Testimony and reporting are among the most important means of proof in criminal law. This is because penal articles cannot rely on written evidence to prove all crimes, since it is based on sudden events that occur without prior agreement. Therefore, the researcher divides the study into two sections; the first of which presents the nature of testimony and whistleblowing and its significance in Jordanian legislation. The second section tackles the protection of witnesses and whistleblowers in Jordanian law and international covenants. This research study reached a number of results, most important of which is that there is no provision in the Jordanian Code of Criminal Procedure to protect the witness and the whistleblower from coercion. Despite the Jordanian legislator’s accession and ratification of international conventions related to witness protection, it did not keep pace with the great development stipulated in international conventions. Finally, the researcher recommends that the Jordanian legislator put a provision on protecting the witness from coercion in the Jordanian Code of Criminal Procedure. Keywords: Legal protection, Witnesses, Whistleblower, Jordanian law","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"16 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"126650881","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.06
Hanadi AL-Amadi
Abstract The Jordanian legislator was keen to criminalize thug crime under the Jordanian amended Penal Code No. 10 of 2022 by adding a new article, Article (415) bis, after it was found that traditional legal texts are no longer sufficient to achieve deterrence and restraint, as they are limited to certain types of crimes, such as threats, extortion and robbery. This study reached a set of results, the most important of which are: The Jordanian legislator was alerted to the noticeable spread of thug crime and tribute payments in recent years, especially after the case of the Zarqa boy. As this crime intimidated citizens and is seen as a flagrant threat to their security and safety. The best option was to amend the Jordanian Penal Code by adding a text criminalizing thug crime and tightening the penalty to punish anyone who was tempted to infringe on people or their property. The most important recommendations of this study are to appoint a special type of urgent judiciary to consider cases of thug crimes, or making its jurisdiction to the State Security Court, besides allocating their own prisons in reform and rehabilitation centers due to their criminal danger. Keywords: Criminal behavior, Crime, thug, Legislation.
{"title":"Images of criminal behavior of Thug crime according to the Provisions of Jordanian legislation","authors":"Hanadi AL-Amadi","doi":"10.15849/zujjls.221130.06","DOIUrl":"https://doi.org/10.15849/zujjls.221130.06","url":null,"abstract":"Abstract The Jordanian legislator was keen to criminalize thug crime under the Jordanian amended Penal Code No. 10 of 2022 by adding a new article, Article (415) bis, after it was found that traditional legal texts are no longer sufficient to achieve deterrence and restraint, as they are limited to certain types of crimes, such as threats, extortion and robbery. This study reached a set of results, the most important of which are: The Jordanian legislator was alerted to the noticeable spread of thug crime and tribute payments in recent years, especially after the case of the Zarqa boy. As this crime intimidated citizens and is seen as a flagrant threat to their security and safety. The best option was to amend the Jordanian Penal Code by adding a text criminalizing thug crime and tightening the penalty to punish anyone who was tempted to infringe on people or their property. The most important recommendations of this study are to appoint a special type of urgent judiciary to consider cases of thug crimes, or making its jurisdiction to the State Security Court, besides allocating their own prisons in reform and rehabilitation centers due to their criminal danger. Keywords: Criminal behavior, Crime, thug, Legislation.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"136 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115911516","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
Pub Date : 2022-11-30DOI: 10.15849/zujjls.221130.12
Nasri Aldweikat
Abstract This research aims to shed light on the general provisions resulting from the harmful act (tort liability) and their applicability and actions to the harmful act for the damage resulting from artificial intelligence embodied in smart robots, as this research sought to clarify the concept of artificial intelligence embodied in robots and its legal nature, as the goal The research aims to determine the subjectivity of the damage caused by robots, which is reflected in its determination of the extent to which compensation is permissible when establishing responsibility for the harmful act caused by robots. In addition, this research touched on the cornerstone of the causal relationship between the harmful act and the damage resulting from the use of robots, in terms of determining the content and nature of this causal relationship between the harmful act and the damage. Keywords: Artificial intelligence, Robot, Tort, Legal nature of the robot.
{"title":"Tort Liability for Damages of Artificial Intelligence Robots in The Jordanian Civil Law","authors":"Nasri Aldweikat","doi":"10.15849/zujjls.221130.12","DOIUrl":"https://doi.org/10.15849/zujjls.221130.12","url":null,"abstract":"Abstract This research aims to shed light on the general provisions resulting from the harmful act (tort liability) and their applicability and actions to the harmful act for the damage resulting from artificial intelligence embodied in smart robots, as this research sought to clarify the concept of artificial intelligence embodied in robots and its legal nature, as the goal The research aims to determine the subjectivity of the damage caused by robots, which is reflected in its determination of the extent to which compensation is permissible when establishing responsibility for the harmful act caused by robots. In addition, this research touched on the cornerstone of the causal relationship between the harmful act and the damage resulting from the use of robots, in terms of determining the content and nature of this causal relationship between the harmful act and the damage. Keywords: Artificial intelligence, Robot, Tort, Legal nature of the robot.","PeriodicalId":151237,"journal":{"name":"Al-Zaytoonah University of Jordan Journal for Legal Studies","volume":"114 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2022-11-30","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"124173896","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}
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