نتایج جستجو برای: legal mechanisms
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This article responds to the these two major questions, 1. Are there any certain principles and norms in judicial presumptions? 2. In judicial doctrine and proceedings, how are the evidences of judicial presumption introduced and then how are these evidences categorized and stipulated? In respond to the first question, four (public) principles are identified for judicial presumptions, which inc...
The lack of medical availability of effective pain medication is an enduring and expanding global health calamity. Despite important medical advances, pain remains severely under-treated worldwide, particularly in developing countries. This article contributes to the discussion of this global health crisis by considering international legal and institutional mechanisms to promote wider accessib...
This article reprises the Plenary Lecture from American Society for Legal History Annual Meeting in New Orleans, Louisiana, November, 2021. Witt presents story of cases that are quintessential examples kind broken success law makes available and legal history helps us see. In other words, these make visible at-best-tragic realization ideals is built into mechanisms law.
The human reasoning process used in conducting arguments to resolve conflicts and reach a decision is an interdisciplinary study. Modelling argumentation has a great impact on the development of theories and applications in AI especially in critical domains that involve richness of reasoning such as Law. Therefore, argumentation has been recognised as a core topic in AI and Law. Developing comp...
Our legal system requires assigning responsibility for crimes and deciding on appropriate punishments. A new fMRI study by Buckholtz et al. in this issue of Neuron reveals that the right dorsolateral prefrontal cortex (rDLPFC) plays a key role in these cognitive processes. This finding sheds light on the neural mechanisms underlying moral judgment from a third-party perspective.
In Boer et al. (viz. [9]) we argued that evaluation of draft legislation, change from an old to a new regime, harmonization of legislation from multiple jurisdictions, and the decision to move a good, person, or service over the borders of a jurisdiction, involves a process of integration and comparison of preference structures. This paper argues that legal norms are in many contexts best under...
Considerable academic effort is being expended in considering how to regulate various activities on the internet, particularly those as relate to obscene material, breaches of privacy and challenges to intellectual property rights. Post and Johnson (1997) offer the following solution which is typical; 'We believe that the most obvious answer to this question -existing territorial sovereigns -ma...
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