Pub Date : 2023-05-17DOI: 10.11648/j.ijls.20230602.16
Zhenzhen Li, Meiqing Fan, Huibin Han, Zhipeng Huang, Li Qing
: At present, with the growing demand for document production time identification at home and abroad
当前，随着国内外对文件制作时间鉴定需求的不断增长
{"title":"Factors Affecting the Diffusion of Printing Ink (Mud)","authors":"Zhenzhen Li, Meiqing Fan, Huibin Han, Zhipeng Huang, Li Qing","doi":"10.11648/j.ijls.20230602.16","DOIUrl":"https://doi.org/10.11648/j.ijls.20230602.16","url":null,"abstract":": At present, with the growing demand for document production time identification at home and abroad","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"203 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115563975","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 : 2023-05-17DOI: 10.11648/j.ijls.20230602.15
O. Vodiannikov
: References to public interest are abundant in legal scholarship, jurisprudence, and legislation. However, the meaning of interest still remains rather a common sense idea without legible standards or criteria. The article offers to conceptualize it in a broader socio-historical context, as this concept cannot be treated in isolation from the evolution of the Western scientific paradigm that aspires to rationalize the world, to rationally explain and construct a cognitive map of both social and natural environments. To explore the history of “interest” in law means to grasp and reconstruct the phases of the fundamental revolution that legal thought has undergone since the mid-XVIII century. The article offers a bird-eye view of how the concept of interest gained currency and infiltrated law. This evolutionary perspective could explain certain coherence and similarity of various meanings proposed for the concept of interest in case law and scholarship. The article argues that interest becomes socially recognizable and viable when it is perceived and interpreted as such. It acquires validity in legal argumentation if it fits into the cultural schemata of legal framing. The article purports to deconstruct interest as a category. It argues that three key assumptions underpin the concept: (1) interests are social constructs; (2) interests are generated by argumentation (to qualify as interest an existing or perceived good, purpose, motive, aspiration, or claim requires argumentation that triggers “frames of interest” - cognitive representations and constructs); (3) interests are vehicles whereby normative ideas of justice, society, and the world, generated and validated by other normative orders, are adapted, legitimized and incorporated into law. The article discusses the practical implications of these assumptions. In a judicial proceeding, public interest analysis should explore the central organizing idea of a public interest argumentation against three analytical components: (1) substantive (refers to the interest analysis); (2) quantitative (refers to the “society”/ “public” analysis); and (3) qualitative (refers to analysis focusing on whether the argumentation triggers cognitive representations and constructs that reference moral principles). Finally, the reconceptualization of interest as a social construct can shed new light on legal argumentation and the so-called “five I-s of legal reasoning”: intuitiveness, incidentality, indeterminacy, ideology, and irrationality. Though indeed often intuition-driven, interest as a social construct that fits into legal framing is not incidental, indeterminate, or irrational. Incrementing and unfolding via interaction and competition with discourses and legal frames, interests bring in certainty, predictability, and determinacy to open-ended concepts of law.
{"title":"Rationalising the Political: The Concept of Interest in Postmodern Public Law","authors":"O. Vodiannikov","doi":"10.11648/j.ijls.20230602.15","DOIUrl":"https://doi.org/10.11648/j.ijls.20230602.15","url":null,"abstract":": References to public interest are abundant in legal scholarship, jurisprudence, and legislation. However, the meaning of interest still remains rather a common sense idea without legible standards or criteria. The article offers to conceptualize it in a broader socio-historical context, as this concept cannot be treated in isolation from the evolution of the Western scientific paradigm that aspires to rationalize the world, to rationally explain and construct a cognitive map of both social and natural environments. To explore the history of “interest” in law means to grasp and reconstruct the phases of the fundamental revolution that legal thought has undergone since the mid-XVIII century. The article offers a bird-eye view of how the concept of interest gained currency and infiltrated law. This evolutionary perspective could explain certain coherence and similarity of various meanings proposed for the concept of interest in case law and scholarship. The article argues that interest becomes socially recognizable and viable when it is perceived and interpreted as such. It acquires validity in legal argumentation if it fits into the cultural schemata of legal framing. The article purports to deconstruct interest as a category. It argues that three key assumptions underpin the concept: (1) interests are social constructs; (2) interests are generated by argumentation (to qualify as interest an existing or perceived good, purpose, motive, aspiration, or claim requires argumentation that triggers “frames of interest” - cognitive representations and constructs); (3) interests are vehicles whereby normative ideas of justice, society, and the world, generated and validated by other normative orders, are adapted, legitimized and incorporated into law. The article discusses the practical implications of these assumptions. In a judicial proceeding, public interest analysis should explore the central organizing idea of a public interest argumentation against three analytical components: (1) substantive (refers to the interest analysis); (2) quantitative (refers to the “society”/ “public” analysis); and (3) qualitative (refers to analysis focusing on whether the argumentation triggers cognitive representations and constructs that reference moral principles). Finally, the reconceptualization of interest as a social construct can shed new light on legal argumentation and the so-called “five I-s of legal reasoning”: intuitiveness, incidentality, indeterminacy, ideology, and irrationality. Though indeed often intuition-driven, interest as a social construct that fits into legal framing is not incidental, indeterminate, or irrational. Incrementing and unfolding via interaction and competition with discourses and legal frames, interests bring in certainty, predictability, and determinacy to open-ended concepts of law.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-17","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133722435","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 : 2023-05-10DOI: 10.11648/j.ijls.20230602.14
Ufuoma Veronica Awhefeada
: The humongous scale and all-encompassing character of corruption in Nigeria makes a constant evaluation of the laws, principles and organs of state geared towards its eradication imperative. The starting point in any such endeavour is the 1999 Constitution which is the basic law that gives validity to all other laws and institutions in the country. This paper examines the broad framework provided under Section 15 of the constitution which provides that the state shall abolish all corrupt practices and abuse of power. This provision serves as the foundation for all laws, principles, and institutions aimed at eradicating corruption. This piece therefore, examines all other constitutional provisions, principles and measures as well as other legislation pursuant to the said Section 15 to combat the scourge of corruption in. The gaps and challenges in all the relevant provisions and laws are identified and it is emphasized that these laws must be updated to reflect modern needs and realities. The paper finds that the mechanisms of anti-corruption in Nigeria are extensive and if the identified shortcomings are remedied, this will result in stronger institutions which will be better equipped to halt the escalating propensity which corruption has assumed in Nigeria.
{"title":"A Review of Constitutional Safeguards for Anti – Corruption in Nigeria","authors":"Ufuoma Veronica Awhefeada","doi":"10.11648/j.ijls.20230602.14","DOIUrl":"https://doi.org/10.11648/j.ijls.20230602.14","url":null,"abstract":": The humongous scale and all-encompassing character of corruption in Nigeria makes a constant evaluation of the laws, principles and organs of state geared towards its eradication imperative. The starting point in any such endeavour is the 1999 Constitution which is the basic law that gives validity to all other laws and institutions in the country. This paper examines the broad framework provided under Section 15 of the constitution which provides that the state shall abolish all corrupt practices and abuse of power. This provision serves as the foundation for all laws, principles, and institutions aimed at eradicating corruption. This piece therefore, examines all other constitutional provisions, principles and measures as well as other legislation pursuant to the said Section 15 to combat the scourge of corruption in. The gaps and challenges in all the relevant provisions and laws are identified and it is emphasized that these laws must be updated to reflect modern needs and realities. The paper finds that the mechanisms of anti-corruption in Nigeria are extensive and if the identified shortcomings are remedied, this will result in stronger institutions which will be better equipped to halt the escalating propensity which corruption has assumed in Nigeria.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"47 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-05-10","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"114395471","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 : 2023-04-24DOI: 10.11648/j.ijls.20230602.13
Hilarion Kontchop, Edith Nadège Fopa Tsala
: The procedure of liquidation of assets can be closed for the extinction of liabilities or for insufficient assets. The court may then, at the request of any interested person or ex officio, at any time during the proceedings and after a report by the official receiver, close the proceedings. In case of insufficiency of assets, the business disappears and, perhaps, the hope of any payment to creditors as well. For a long time, it was accepted that the closure for lack of assets allows creditors to resume individual proceedings against the debtor, especially if the latter returns to better circumstances. This traditional solution has been abandoned. According to OHADA Uniform Act on the organisation of collective procedures for the settlement of liabilities, revised on 10 December 2015, closure for insufficiency of assets no longer automatically gives creditors the right to take individual action. Thus, when a liquidation leads to a shortage of assets, the satisfaction of creditors remains uncertain. The objective of this study is to show that despite this reform, the protection of creditors’ rights has not changed significantly in the event of insufficient assets. Indeed, any possible recourse to the recovery of their claims remains paralysed by certain measures that infringe their rights. The infringements can be described as severe or moderate depending on the case.
{"title":"Critical Reflection on the Rights of Creditors in Case of Insufficiency of Assets in OHADA Collective Procedures Law","authors":"Hilarion Kontchop, Edith Nadège Fopa Tsala","doi":"10.11648/j.ijls.20230602.13","DOIUrl":"https://doi.org/10.11648/j.ijls.20230602.13","url":null,"abstract":": The procedure of liquidation of assets can be closed for the extinction of liabilities or for insufficient assets. The court may then, at the request of any interested person or ex officio, at any time during the proceedings and after a report by the official receiver, close the proceedings. In case of insufficiency of assets, the business disappears and, perhaps, the hope of any payment to creditors as well. For a long time, it was accepted that the closure for lack of assets allows creditors to resume individual proceedings against the debtor, especially if the latter returns to better circumstances. This traditional solution has been abandoned. According to OHADA Uniform Act on the organisation of collective procedures for the settlement of liabilities, revised on 10 December 2015, closure for insufficiency of assets no longer automatically gives creditors the right to take individual action. Thus, when a liquidation leads to a shortage of assets, the satisfaction of creditors remains uncertain. The objective of this study is to show that despite this reform, the protection of creditors’ rights has not changed significantly in the event of insufficient assets. Indeed, any possible recourse to the recovery of their claims remains paralysed by certain measures that infringe their rights. The infringements can be described as severe or moderate depending on the case.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"53 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-24","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"115754626","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 : 2023-04-15DOI: 10.11648/j.ijls.20230602.11
Z. Llarena
{"title":"Engineering Game Theory Towards Energy Transition Using Shariah Jurisprudence Developmental Framework Based on Ethical Decision-Making","authors":"Z. Llarena","doi":"10.11648/j.ijls.20230602.11","DOIUrl":"https://doi.org/10.11648/j.ijls.20230602.11","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"43 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"122678977","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 : 2023-03-31DOI: 10.11648/j.ijls.20230601.24
Hillol Saha
: Readymade garment industry is one of the most important sources of foreign currency of Bangladesh as well as this sector is the largest employment sector of women. There are more than 5000 garment factories in Bangladesh where 85% of the workers are women. There is legal framework to protect the rights of the women worker but in practice their rights are violated. The working condition, health and safety, minimum wages, working hours, maternity welfare facilities, difficulty to form trade union are the key areas where the rights of the women worker are violated most. Violation of the rights have thrown the women worker to vulnerable situation. This paper attempt to find out the rights of women worker and how the practice of violation of rights projected them to vulnerability. It also seeks to find out the cause of violation of the women workers rights and finally concludes with recommendations to implement the law in practice. This study has suffered from some limitations. Simple Random Sampling method used in this study may cause the problem of getting data from one part beside others which may have an effect on getting accurate results. Beside this, many women worker provide wrong information without understanding the fact.
{"title":"Rights of the Women Worker of Readymade Garment Industry in Bangladesh: Gaps Between Law and Practice","authors":"Hillol Saha","doi":"10.11648/j.ijls.20230601.24","DOIUrl":"https://doi.org/10.11648/j.ijls.20230601.24","url":null,"abstract":": Readymade garment industry is one of the most important sources of foreign currency of Bangladesh as well as this sector is the largest employment sector of women. There are more than 5000 garment factories in Bangladesh where 85% of the workers are women. There is legal framework to protect the rights of the women worker but in practice their rights are violated. The working condition, health and safety, minimum wages, working hours, maternity welfare facilities, difficulty to form trade union are the key areas where the rights of the women worker are violated most. Violation of the rights have thrown the women worker to vulnerable situation. This paper attempt to find out the rights of women worker and how the practice of violation of rights projected them to vulnerability. It also seeks to find out the cause of violation of the women workers rights and finally concludes with recommendations to implement the law in practice. This study has suffered from some limitations. Simple Random Sampling method used in this study may cause the problem of getting data from one part beside others which may have an effect on getting accurate results. Beside this, many women worker provide wrong information without understanding the fact.","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"197 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-31","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"128070065","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 : 2023-03-20DOI: 10.11648/j.ijls.20230601.23
Vo Trung Hau, Le Thi Minh
{"title":"Vietnam’s Legal Policy on Obligations of Company Managers","authors":"Vo Trung Hau, Le Thi Minh","doi":"10.11648/j.ijls.20230601.23","DOIUrl":"https://doi.org/10.11648/j.ijls.20230601.23","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"60 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-03-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133011802","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 : 2023-02-27DOI: 10.11648/j.ijls.20230601.22
Ramdhass Perumal
{"title":"Domesticating International Criminal Law: The Indian State Practice","authors":"Ramdhass Perumal","doi":"10.11648/j.ijls.20230601.22","DOIUrl":"https://doi.org/10.11648/j.ijls.20230601.22","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"27 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-27","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"130226987","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 : 2023-02-21DOI: 10.11648/j.ijls.20230601.21
Omorou Zackaria Toure
{"title":"The Western Democratic Model Facing African Political Cultures","authors":"Omorou Zackaria Toure","doi":"10.11648/j.ijls.20230601.21","DOIUrl":"https://doi.org/10.11648/j.ijls.20230601.21","url":null,"abstract":"","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"176 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133747757","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}
: Epileptic seizures have typical characteristics including the sudden arrest of movement and being transient and self-limiting, which will lead to corresponding restrictions on daily related behaviors and career choices of those with epilepsy, such as whether a driving license is revoked or its issuance is limited. In China, the patient of epilepsy is absolutely cannot drive a vehicle, this also is a content that of Road Traffic Safety Law of our country. In many U
{"title":"Forensic Identification of a Traffic Accident Caused by Epilepsy: A Case Report","authors":"Hongxia Hao, D. Gao, Yibin Cheng, Jiemin Chen, Ya-hui Wang, Wentao Xia","doi":"10.11648/j.ijls.20230601.20","DOIUrl":"https://doi.org/10.11648/j.ijls.20230601.20","url":null,"abstract":": Epileptic seizures have typical characteristics including the sudden arrest of movement and being transient and self-limiting, which will lead to corresponding restrictions on daily related behaviors and career choices of those with epilepsy, such as whether a driving license is revoked or its issuance is limited. In China, the patient of epilepsy is absolutely cannot drive a vehicle, this also is a content that of Road Traffic Safety Law of our country. In many U","PeriodicalId":375311,"journal":{"name":"International Journal of Law and Society","volume":"30 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2023-02-09","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"116550995","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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