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Civic Thought and Leadership: A Higher Civics to Sustain American Constitutional Democracy 公民思想与领导力:维持美国宪政民主的高级公民学
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-25 DOI: 10.3390/laws13020019
Paul O. Carrese
Multiple civic crises facing American constitutional democracy—deepening political polarization and dysfunction, loss of confidence in major institutions and professions, and collapse of confidence in higher education—can be simultaneously redressed by restoring traditional civic education in universities and colleges. A nascent national reform in public universities, establishing departments of civic thought and leadership, reintroduces a blend of classical liberal arts and American civic education. This restores a core mission of truth-seeking and Socratic debate to universities, while providing the higher civics needed to perpetuate the American legal and constitutional order through non-partisan, non-ideological preparation of thoughtful citizens and leaders with the necessary civic knowledge and civic virtues, including commitment to the rule of law and American constitutionalism.
美国宪政民主所面临的多重公民危机--政治两极分化和功能失调的加深、对主要机构和专业信心的丧失以及对高等教育信心的崩溃--可以同时通过恢复大学和学院的传统公民教育来解决。公立大学正在进行全国性改革,设立公民思想与领导力系,重新引入古典文科与美国公民教育的融合。这恢复了大学探求真理和苏格拉底式辩论的核心使命,同时通过非党派、非意识形态的方式培养有思想的公民和领导者,使其具备必要的公民知识和公民美德,包括对法治和美国宪政的承诺,从而提供延续美国法律和宪法秩序所需的高等公民教育。
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引用次数: 0
Implications of Law’s Response to Mitochondrial Donation 法律对线粒体捐赠的影响
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-25 DOI: 10.3390/laws13020020
Karinne Ludlow
Changes to Australian law in 2022 made Australia the second country to expressly permit the clinical use of mitochondrial donation (MD), a technology that makes heritable changes to the human genome. This paper considers these changes in the context of Australia’s broader controls on human embryo use to provide insights into future regulatory responses to other emerging genetic technologies, which could be used in reproduction.
2022 年对澳大利亚法律的修改使澳大利亚成为第二个明确允许临床使用线粒体捐赠(MD)的国家,线粒体捐赠是一种对人类基因组进行可遗传改变的技术。本文结合澳大利亚对人类胚胎使用的更广泛控制,对这些变化进行了探讨,以便深入了解未来对可能用于生殖的其他新兴基因技术的监管对策。
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引用次数: 0
New Trends of Digital Justice: The Online Mediation—Between a Challenge and a Reality (The Portuguese Legal Framework) 数字司法的新趋势:在线调解--挑战与现实之间(葡萄牙法律框架)
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-22 DOI: 10.3390/laws13020018
C. M. Cebola, Susana Sardinha Monteiro
The Directive 2008/52/EU of the European Parliament and Council of 21 May 2008, regarding certain aspects of mediation in civil and commercial matters, does not seem to have been designed for online mediation since it does not expressly include rules in this regard, though it does not prohibit it either. The Portuguese legislator, through Law 29/2013, of 19 April 2013 regulated mediation in an autonomous and systematic way in Portugal, covering internal and cross-border conflicts, and went beyond the EU requirements prescribed by the 2008 Directive, which only specified regulation to cross-border conflict mediation. Like the EU Directive, the Portuguese law does not explicitly address online mediation, but it neither prohibits nor excludes its application. In this article, we intend to present and conceptualize online mediation within the scope of Online Dispute Resolution (ODR) procedures. We will present the specific features and principles of online mediation, thus enhancing the main challenges and potentialities of its use as an adequate means of resolving conflicts.
欧洲议会和理事会 2008 年 5 月 21 日关于民事和商事调解某些方面的第 2008/52/EU 号指令似乎不是为在线调解设计的,因为它没有明确包括这方面的规则,尽管它也没有禁止在线调解。葡萄牙立法者通过 2013 年 4 月 19 日第 29/2013 号法律以自主和系统的方式对葡萄牙的调解进行了规范,涵盖了国内和跨境冲突,并超越了 2008 年指令规定的欧盟要求,该指令仅对跨境冲突调解进行了具体规范。与欧盟指令一样,葡萄牙法律没有明确涉及在线调解,但既不禁止也不排除其应用。在本文中,我们打算在在线争议解决(ODR)程序的范围内介绍在线调解并将其概念化。我们将介绍在线调解的具体特点和原则,从而加强其作为解决冲突的适当手段所面临的主要挑战和潜力。
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引用次数: 0
Neurolaw: Revisiting Huberty v. McDonald’s through the Lens of Nutritional Criminology and Food Crime 神经法从营养犯罪学和食品犯罪的角度重新审视休伯蒂诉麦当劳案
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-21 DOI: 10.3390/laws13020017
Alan C. Logan, Jeffrey J. Nicholson, Stephen J. Schoenthaler, Susan L. Prescott
Recent studies have illuminated the potential harms associated with ultra-processed foods, including poor mental health, aggression, and antisocial behavior. At the same time, the human gut microbiome has emerged as an important contributor to cognition and behavior, disrupting concepts of the biopsychosocial ‘self’ and raising questions related to free will. Since the microbiome is undeniably connected to dietary patterns and components, the topics of nutrition and microbes are of heightened interest to neuroscience and psychiatry. Research spanning epidemiology, mechanistic bench science, and human intervention trials has brought legitimacy to nutritional criminology and the idea that nutrition is of relevance to the criminal justice system. The individual and community-level relationships between nutrition and behavior are also salient to torts and the relatively new field of food crime—that which examines the vast harms, including grand-scale non-communicable diseases and behavioral outcomes, caused by the manufacturers, distributors, and marketers of ultra-processed food products. Here in this essay, we will synthesize various strands of research, reflecting this emergent science, using a notable case that straddled both neurolaw and food crime, Huberty v. McDonald’s (1987). It is our contention that the legalome—microbiome and omics science applied in neurolaw and forensics—will play an increasing role in 21st-century courtroom discourse, policy, and decision-making.
最近的研究揭示了与超加工食品相关的潜在危害,包括不良的心理健康、攻击性和反社会行为。与此同时,人类肠道微生物组已成为影响认知和行为的重要因素,颠覆了生物心理社会 "自我 "的概念,并提出了与自由意志相关的问题。不可否认,微生物组与膳食模式和成分有关,因此神经科学和精神病学对营养和微生物的话题更加感兴趣。横跨流行病学、机械台架科学和人体干预试验的研究为营养犯罪学以及营养与刑事司法系统相关的观点带来了合法性。营养与行为之间的个人和社区层面的关系对于侵权行为和相对较新的食品犯罪领域也很重要--食品犯罪领域研究的是超加工食品的制造商、分销商和营销人员造成的巨大危害,包括大规模的非传染性疾病和行为结果。在这篇文章中,我们将利用一个横跨神经法和食品犯罪的著名案例--Huberty 诉麦当劳(1987 年)--来综合各方面的研究,反映这一新兴科学。我们认为,应用于神经法学和法医学的法律组--微生物组和 omics 科学--将在 21 世纪的法庭讨论、政策和决策中发挥越来越大的作用。
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引用次数: 0
Recognising Religious Groups as Litigants: An International Law Perspective 承认宗教团体为诉讼当事人:国际法视角
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-18 DOI: 10.3390/laws13020016
Mark Fowler, Alex Deagon
The Australian Human Rights Commission has claimed that recognising religious corporations as litigants in religious discrimination claims departs from international human rights law, which only protects the rights of natural legal persons. In this article we respond to that claim by arguing that under international law, Australia should protect the ability of religious groups to be litigants, including corporations. The International Covenant on Civil and Political Rights requires Australia to respect and ensure individuals have the right to manifest their beliefs in community with others, and that such communities are protected against discrimination on religious grounds. This requirement entails granting religious groups the ability to pursue legal measures to preserve the enjoyment of these rights by their members.
澳大利亚人权委员会声称,承认宗教公司作为宗教歧视索赔案的诉讼当事人,背离了只保护自然人权利的国际人权法。在本文中,我们将对这一主张做出回应,认为根据国际法,澳大利亚应保护宗教团体(包括公司)作为诉讼当事人的能力。公民权利和政治权利国际公约》要求澳大利亚尊重并确保个人有权与他人共同表达自己的信仰,并保护这些团体免受基于宗教原因的歧视。这一要求要求赋予宗教团体采取法律措施维护其成员享有这些权利的能力。
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引用次数: 0
Narrative Review of Legal Aspects in the Integration of Simulation-Based Education into Medical and Healthcare Curricula 将模拟教育纳入医疗保健课程的法律问题叙事回顾
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-14 DOI: 10.3390/laws13020015
Andreta Slavinska, K. Palkova, Evita Grigoroviča, Edgars Edelmers, Aigars Pētersons
The quality of healthcare varies significantly from one country to another. This variation can be attributed to several factors, including the level of healthcare professionals’ professionalism, which is closely linked to the quality of their education. Medical and healthcare education is unique in its need for students to learn and practice various clinical skills, algorithms, and behaviours for clinical situations. However, it is challenging to ensure these educational experiences do not compromise the quality of healthcare and patient safety. A simulation-based educational (SBE) approach offers a solution to these challenges. However, despite the widespread adoption of the SBE approach in medical and healthcare education curricula; its recognition for its high value among students, educators, and healthcare professionals; and evidence showing its positive impact on reducing risks to both patients and healthcare professionals, there is still an absence of a standardized approach and guidelines for integrating simulations, which includes determining when, how, and to what ex-tent they should be implemented. Currently, there is no regulation on the need for SBE integration in medical and healthcare curricula. However, the framework of this article, based on the results of the analysis of the legal framework, which includes a set of laws, regulations, principles, and standards set by various government, administrations, and authoritative institutions, will determine the fundamental aspects of the integration of the SBE approach that justify and argue the need to (1) incorporate simulation-based education across all levels of medical and healthcare education programs and (2) adhere to certain standards when integrating the SBE approach into medical and healthcare programs. This is an area that needs to be developed with the involvement of legal, health, and education experts.
不同国家的医疗质量差别很大。这种差异可归因于多个因素,包括医疗保健专业人员的专业水平,而专业水平与他们的教育质量密切相关。医疗和保健教育的独特之处在于需要学生学习和练习各种临床技能、算法和临床行为。然而,如何确保这些教育经验不会影响医疗质量和患者安全,却是一项挑战。基于模拟的教育(SBE)方法为应对这些挑战提供了解决方案。然而,尽管医学和医疗保健教育课程中广泛采用了 SBE 方法,学生、教育工作者和医疗保健专业人员也认可这种方法的高价值,并且有证据显示这种方法对降低患者和医疗保健专业人员的风险具有积极影响,但仍然缺乏整合模拟的标准化方法和指南,包括确定何时、如何以及在何种情况下实施模拟。目前,还没有任何法规规定必须将 SBE 纳入医疗保健课程。然而,本文的框架基于对法律框架的分析结果,其中包括一系列由不同政府、行政部门和权威机构制定的法律、法规、原则和标准,将确定SBE方法整合的基本方面,证明和论证以下两点的必要性:(1)在各级医疗和保健教育课程中纳入模拟教育;(2)在将SBE方法整合到医疗和保健课程中时遵守一定的标准。这一领域的发展需要法律、卫生和教育专家的参与。
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引用次数: 0
Deinstitutionalization as Reparative Justice: A Commentary on the Guidelines on Deinstitutionalization, including in Emergencies 作为补偿性司法的非机构化:对《非机构化(包括在紧急情况下)准则》的评论
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-07 DOI: 10.3390/laws13020014
Tina Minkowitz
In this paper, I argue that the Committee on the Rights of Persons with Disabilities Guidelines on Deinstitutionalization, Including in Emergencies function as an instrument and template for reparative justice towards persons still in institutions and survivors of institutionalization. The Guidelines construct deinstitutionalization as a reparative process at both the systemic and individual levels, as well as calling for the creation of reparation and redress mechanisms. I examine the entire body of the Guidelines, highlight their reparative content, and point out where the text may fall short of this perspective and how the shortcomings might be remedied. This paper is grounded in the situation of psychiatric institutionalization and the concerns of people subjected to that system, emphasizing issues faced by this constituency and its human rights concerns for redress and legal and societal change. The issues addressed include the following: the strengthening of normative standards with regard to the abolition of psychiatric institutionalization and forced interventions and the obligation to immediately end these violations; a policy shift towards the de-medicalization of psychosocial disability; the implications of reparative justice in diminishing the role and authority of those that have operated institutions including the mental health system; the role of adult persons with disabilities as members of families and the role played by some family members in institutionalization; issues to be considered in designing reparations processes and mechanisms. Following some introductory remarks, this paper is structured to follow the outline of the Guidelines, quoting the text with interspersed comments and ending with a brief conclusion.
在本文中,我认为《残疾人权利委员会关于去机构化(包括在紧急情况下)的准则》是对仍在机构中的人和机构化幸存者进行补偿性正义的工具和模板。准则》将非机构化视为系统和个人层面的赔偿过程,并呼吁建立赔偿和补救机制。我研究了《准则》的全部内容,强调了其中的赔偿内容,并指出了文本与这一观点的不足之处,以及如何弥补这些不足。本文立足于精神病院的状况以及受制于该制度的人们所关心的问题,强调了这一群体所面临的问题及其对补救、法律和社会变革的人权关切。本文讨论的问题包括:加强有关废除精神病院收容和强制干预的规范性标准,以及立即终止这些侵权行为的义务;政策转向社会心理残疾的非医疗化;补偿性司法在削弱包括心理健康系统在内的机构管理者的作用和权威方面的影响;成年残疾人作为家庭成员的作用,以及一些家庭成员在精神病院收容中发挥的作用;在设计补偿程序和机制时需要考虑的问题。在作了一些介绍性发言之后,本文的结构遵循了《准则》的大纲,引述了案文,并穿插了评论,最后是一个简短的结论。
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引用次数: 1
Assessing the Legal Protection of Intangible Cultural Heritage in Saudi Arabia: A Critical Analysis in the Context of the 2003 UNESCO Convention 评估沙特阿拉伯对非物质文化遗产的法律保护:以 2003 年教科文组织公约为背景的批判性分析
IF 1.2 Q3 Social Sciences Pub Date : 2024-03-01 DOI: 10.3390/laws13020013
Fatimah Alshehaby
Saudi Arabia boasts a diverse and abundant cultural heritage that reflects a fusion of pre-Islamic and Islamic civilizations, serving as a precious legacy for future generations. Confronted with the challenges arising from globalization and rapid development, preserving intangible cultural heritage has become increasingly challenging, particularly in the absence of comprehensive heritage policies. The initial steps toward conservation were taken in 1972 when legislation was enacted to protect historical and cultural sites. However, it was not until 2014 that a new law was introduced to address the gaps left by the 1972 law. Unfortunately, this legal protection predominantly centered on tangible aspects of cultural heritage, leaving the equally important intangible cultural heritage neglected and unprotected. This study aims to evaluate the existing legal mechanisms in Saudi Arabia for the preservation and protection of intangible cultural heritage. It identifies the existing deficiencies and obstacles in the current cultural heritage framework regarding the preservation of intangible cultural heritage in Saudi Arabia. Our analysis focuses on how Saudi Arabia aligns with the principles and guidelines established by the 2003 UNESCO Convention for the Safeguarding of Intangible Cultural Heritage.
沙特阿拉伯拥有丰富多样的文化遗产,体现了前伊斯兰文明和伊斯兰文明的融合,是留给子孙后代的宝贵遗产。面对全球化和快速发展带来的挑战,保护非物质文化遗产变得越来越具有挑战性,尤其是在缺乏全面遗产政策的情况下。1972 年,美国颁布了保护历史和文化遗址的法律,迈出了保护非物质文化遗产的第一步。然而,直到 2014 年才出台了新的法律,以弥补 1972 年法律留下的空白。遗憾的是,这种法律保护主要集中在文化遗产的有形方面,而同样重要的非物质文化遗产却被忽视,得不到保护。本研究旨在评估沙特阿拉伯保存和保护非物质文化遗产的现有法律机制。它指出了沙特阿拉伯现行文化遗产框架在保护非物质文化遗产方面存在的不足和障碍。我们的分析重点是沙特阿拉伯如何与 2003 年联合国教科文组织《保护非物质文化遗产公约》确立的原则和指导方针保持一致。
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引用次数: 0
The Law as Fragment 作为片段的法律
IF 1.2 Q3 Social Sciences Pub Date : 2024-02-29 DOI: 10.3390/laws13020012
Kimberly Maslin
When Hannah Arendt writes about the law, she does so as a political theorist, genocide survivor and critic of modernity. She also writes as a phenomenologist, which is to say, she is mindful not only that people create the law, but that law constitutes a people. In Origins, she calls attention to the importance of the rule of law in the emergence of totalitarianism. In On Revolution, she seeks a way of grounding political authority in something other than an Absolute. In the process, Arendt looks to another group of intellectuals who grappled with the nature of authority under conditions of modernity—the Early German Romantics. Romantic fragments are philosophical, poetic, even musical. For Arendt, the most highly valued fragments are historical because these fragments provide not only protection against totalitarianism but also a possible solution to the problem of authority. In this article, I explore Arendt’s interpretation of the Declaration of Independence as a historical fragment. She draws on a phenomenological approach to fragments, found primarily in the work of Rahel Varnhagen and Dorothea Veit-Schlegel, to create a resilient yet malleable basis for authority, thereby grounding political authority in concrete historical events, rather than in human nature.
当汉娜-阿伦特以政治理论家、种族屠杀幸存者和现代性批判者的身份撰写有关法律的文章时,她也是这样做的。她还以现象学家的身份写作,也就是说,她不仅注意到人民创造了法律,还注意到法律构成了人民。在《起源》一书中,她呼吁人们关注法治在极权主义出现过程中的重要性。在《论革命》一书中,她寻求一种将政治权威建立在绝对权威之外的方法。在这一过程中,阿伦特将目光投向了另一群在现代性条件下努力探讨权威本质的知识分子--早期德国浪漫派。浪漫主义的片段是哲学的、诗意的,甚至是音乐的。对阿伦特来说,最有价值的片段是历史片段,因为这些片段不仅提供了抵御极权主义的保护,也提供了解决权威问题的可能方案。在本文中,我将探讨阿伦特对作为历史片段的《独立宣言》的解读。她借鉴了主要见于拉赫尔-范哈根(Rahel Varnhagen)和多萝西娅-维特-施莱格尔(Dorothea Veit-Schlegel)著作中关于片段的现象学方法,为权威创造了一个既有弹性又可塑性的基础,从而将政治权威建立在具体的历史事件而非人类本性的基础之上。
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引用次数: 0
Leveraging Continental Norms and Mechanisms to Enhance Barrier-Free Access for Pedestrians with Disabilities in Kenya 利用大陆规范和机制加强肯尼亚残疾人行人的无障碍通行
IF 1.2 Q3 Social Sciences Pub Date : 2024-02-28 DOI: 10.3390/laws13020011
L. Mute, Agnes K. Meroka-Mutua
When it is realised meaningfully, barrier-free access enables pedestrians with disabilities to use streets without being impeded by non-existent or poorly maintained sidewalks, inaccessible overpasses or underpasses, crowded sidewalks, lack of traffic controls, lack of aids at street crossings, unsafe motorist behaviour, and poor signage and lighting. While Kenya has laws in place that are intended to facilitate barrier-free access, in reality, these laws are not implemented, resulting in the violations of rights of pedestrians in general, and pedestrians with disabilities in particular. Using the lived experiences of pedestrians with disabilities, this article reflects on the policy, legislative, and practical contexts which undermine access. It shows that despite the range of policy and legal instruments which Kenya has adopted or enacted to ensure the public in general can access streets, pedestrians with disabilities enjoy arising benefits only marginally. The article’s thesis is that continental policy and normative instruments and institutions may impel Kenya towards ensuring that pedestrians with disabilities have meaningful barrier-free access.
当无障碍通道得到切实实现时,残疾行人就能够使用街道,而不会因人行道不存在或维护不善、天桥或地下通道无法通行、人行道拥挤、缺乏交通管制、街道交叉口缺乏辅助设施、驾驶员行为不安全以及标志和照明不佳而受到阻碍。虽然肯尼亚制定了旨在促进无障碍通行的法律,但在现实中,这些法律并没有得到执行,导致行人,尤其是残疾行人的权利受到侵犯。本文通过残疾行人的亲身经历,对破坏无障碍环境的政策、立法和实际情况进行了反思。文章表明,尽管肯尼亚通过或颁布了一系列政策和法律文书,以确保公众能够进出街道,但残疾行人享受到的好处却微乎其微。文章的论点是,非洲大陆的政策和规范性文书及机构可能会推动肯尼亚确保残疾行人获得有意义的无障碍通道。
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引用次数: 0
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