• Title/Summary/Keyword: Legal Approach

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Human Rights and Civil Freedoms: Anthropological Approach in the Theory of Law in the Age of Information Technology

  • Gavrilova, Yulia;Dzhafarov, Navai;Kondratuk, Diana;Korchagina, Tamara;Ponomarev, Mikhail;Rozanova, Elizabeth
    • International Journal of Computer Science & Network Security
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    • v.22 no.11
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    • pp.199-203
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    • 2022
  • The article aims at studying the institution of human rights and civil freedoms with due regard to the anthropological approach in the theory of law. To the greatest extent, the provisions of non-classical legal science are confirmed in the Anglo-Saxon legal family, which endows the judge with law-making functions. In this regard, the role of a person in the legal sphere is increasing. The main research method was deduction used to study the anthropological approach to the institution of human rights and freedoms. The article also utilizes the inductive method, the method of systematic scientific analysis, comparative legal and historical methods. To solve the task set, the authors considered the legal foundations and features of human rights and freedoms in the modern world. The article proves that the classical legal discourse, represented by various types of interpretation, reduces the rule of law to the analysis of its logical structure and does not answer the questions posed. It is concluded that the prerequisite for the anthropological approach in the theory of law is the use of human-like concepts in modern legislation (guilt, justice, peculiar ferocity, child abuse, willful evasion, conscientiousness).

Impact of Philosophical Anthropology and Axiology on the Current Understanding of the Institution of Human Rights

  • Buglimova, Olga V.;Goncharov, Igor;Malinenko, Elvira;Matveeva, Natalya;Stepanenko, Yuri;Chernichkina, Galina
    • International Journal of Computer Science & Network Security
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    • v.22 no.7
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    • pp.327-331
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    • 2022
  • The article aims at studying the institution of human rights in an ever-evolving world in the context of the interdisciplinary approach. The main scientific method was deduction that allowed examining the specific interdisciplinary approach in relation to the institution of human rights on the global scale. To solve the issue set, it is necessary to study legal foundations and features of the interdisciplinary approach to the institution of human rights in the modern world. The article proves there is no theoretical anthropological understanding of the institution of human rights. It has been concluded that the appeal to anthropological jurisprudence requires the identification of the initial theoretical and methodological principles, parameters and axioms of cognition, the integration of a person into the subject field of legal science, linking jurisprudence with the chosen external environment (philosophy, sociology, theology, etc.), predetermining the existence (understanding) of a person, causing qualitative differences and the structure of subject-methodological phenomena. In addition to the identification of such hypotheses, prerequisites and axioms, the basic method (principle) of cognition and its heuristic potential are also being searched (defined). The terminological designation of the formed subject-methodological phenomenon (legal anthropology, anthropology of law, anthropological approach, etc.) reveals its role in the system of interdisciplinary relations of legal science.

DYNAMICS OF GUN VIOLENCE BY LEGAL AND ILLEGAL FIREARMS: A FRACTIONAL DERIVATIVE APPROACH

  • Chandrali, Baishya;P., Veeresha
    • Honam Mathematical Journal
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    • v.44 no.4
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    • pp.572-593
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    • 2022
  • Crime committed by civilians and criminals using legal and illegal firearms and conversion of legal firearms into illegal ones has become a common practice around the world. As a result, policies to control civilian gun ownership have been debated in several countries. The issue arose because the linkages between firearm-related mortality, weapon accessibility, and violent crime data can imply diverse options for addressing criminality. In this paper, we have projected a mathematical model in terms of the Caputo fractional derivative to address the issues viz. input of legal guns, crime committed by legal and illegal guns, and strict government policies to monitor the license of legal guns, strict action against violent crime. The boundedness, existence and uniqueness of solutions and the stability of points of equilibrium are examined. It is observed that violent crime increases with the increase of crime committed by illegal guns, crime committed by legal guns and, decreases with the increase of legal guns, the deterrent effect of civilian gun ownership, and action of law against crime. Further, legal guns increase with the increase of the limitation of trade of illegal guns and decrease with the increase of conversion of legal guns into illegal guns and increase of the growth rate of illegal guns. Again, as crime is committed by legal guns also, the policy of illegal gun control does not assure a crime-free society. Weak gun control can lead to a society with less crime. Theoretical aspects are numerically verified in the present work.

A Study on the Index Model for Secondary Legal Information Databases (법률정보시스템의 색인에 관한 연구 -특히 2차 법률정보를 중심으로-)

  • 노정란
    • Journal of the Korean BIBLIA Society for library and Information Science
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    • v.8 no.1
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    • pp.117-134
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    • 1997
  • This study proves that the quoted legal text functions as the index which represents the contents of the text because of the characteristics of legal information, the automatic indexing in the secondary legal full-text databases can be possible without the assitance of the experts. In case of the establishment, amendment or repealing of law, change of words of index can be possible through revising the legal text quoted in the secondary legal full-text databases. Even when we dont input the full-text about retrospective documents, automatic indexing is also possible, and the establihment and the practice of expert knowledge and integrated databases are possible in case of the retrospective documents. This study indicates that it is necessary to have characteristic information the information experts recognize - that is to say, experimental and inherent knowledge only human being can have - built-in into the system rather than to approach the information system by the linguistic, statistic or structuralistic way, and it can be more essential and intelligent information system.

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A Study on Reasonable Improvement of Legal Requirement for Fire Proofing for Steel Structures in a Chemical Plant (화학플랜트에서 철골구조물 내화기준의 합리적인 개선에 관한 연구)

  • Hwang, Soon-Yong;Char, Soon-Chul;Kang, Kyung-Sik
    • Journal of the Korea Safety Management & Science
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    • v.9 no.1
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    • pp.51-63
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    • 2007
  • It is noted that the disaster such as fire, explosion, collapse has been rapidly increased caused by strength deterioration of steel structures at petrochemical plant during fire. In this regard, it is stressed out that the legal requirement for fire proofing for steel structures at petrochemical plant should be carefully reviewed since the current legal requirement such as Industrial Safety & Health Law, Architectural Law has a conflict and different way of approach. In addition, it is our point of view that the present law should be revised to consolidate into single law including engineering design criteria to reflect unreasonable legal requirement. It is further our point of view that the performance certificate for fire proofing like UL-1709, basis of maintenance should be appropriately and reasonably provided in line with global practice.

The Present State and Subject of Health Care Law System in Korea (우리나라 보건의료법의 현황과 과제 - 법정책학적 연구방법론을 중심으로 -)

  • Cho, Hyong Won
    • The Korean Society of Law and Medicine
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    • v.14 no.1
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    • pp.237-271
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    • 2013
  • There is the limit of the traditional legal hermeneutics and fragmentary or individual theoretical legal approach to suggest the desirable solution of Korean health care law system to have many issues. Law & politics research is the legal research method to suggest the resonable understanding and seeking the measures through various approach, decide and evaluate that the legal methods can be functioned as the optimum system design. Law & politics research has some procedure. 1. It is demanded to catalog the comparison target of legal system by its topic. 2. It is demanded to compare it with Korean situation. 3. The realistic and empirical legal research to the compared policy alternatives is needed. 4. Reflecting the results of this research work, the desirable policy idea must be adopted. 5. The accomplishment of this policy idea must be come true as a specific legislation through interest coordination. 6. This plan must be come into force and the feedback to effect of society must be examined closely. Here I will review generally the contribution of law & politics research to health care law system because of the problem of time and the insufficiency of law & politics research. The constitutional consideration is important to support the interest coordination because of the shortage of resources. The comparative law research can compare our health care system with those of other countries and seek some desirable alternatives. If we discuss the law system plan in a long time and synthetically from different perspectives, more desirable helath care law system can be deducted.

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Retrieval of Legal Information Through Discovery Layers: A Case Study Related to Indian Law Libraries

  • Kushwah, Shivpal Singh;Singh, Ritu
    • Journal of Information Science Theory and Practice
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    • v.4 no.3
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    • pp.71-83
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    • 2016
  • Purpose. The purpose of this paper is to analyze and evaluate discovery layer search tools for retrieval of legal information in Indian law libraries. This paper covers current practices in legal information retrieval with special reference to Indian academic law libraries, and analyses its importance in the domain of law.Design/Methodology/Approach. A web survey and observational study method are used to collect the data. Data related to the discovery tools were collected using email and further discussion held with the discovery layer/ tool /product developers and their representatives.Findings. Results show that most of the Indian law libraries are subscribing to bundles of legal information resources such as Hein Online, JSTOR, LexisNexis Academic, Manupatra, Westlaw India, SCC web, AIR Online (CDROM), and so on. International legal and academic resources are compatible with discovery tools because they support various standards related to online publishing and dissemination such as OAI/PMH, Open URL, MARC21, and Z39.50, but Indian legal resources such as Manupatra, Air, and SCC are not compatible with the discovery layers. The central index is one of the important components in a discovery search interface, and discovery layer services/tools could be useful for Indian law libraries also if they can include multiple legal and academic resources in their central index. But present practices and observations reveal that discovery layers are not providing facility to cover legal information resources. Therefore, in the present form, discovery tools are not very useful; they are an incomplete and half solution for Indian libraries because all available Indian legal resources available in the law libraries are not covered.Originality/Value. Very limited research or published literature is available in the area of discovery layers and their compatibility with legal information resources.

A Review of Wetland Policies and Related Guidelines of Leading Nations and Korea with Emphasis on Creation of Artificial Wetlands

  • Lee, Yong-Hee;Lee, Mi-Jin
    • Ocean and Polar Research
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    • v.24 no.1
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    • pp.93-114
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    • 2002
  • Legal regimes of major countries actively involved in wetland programs including USA, Japan, Germany, Netherlands, and Denmark, show that these leading nations have developed their own legal regimes and policies for the conservation and restoration of wetlands since early 1990s. The main feature of their position is to preserve, create and restore wetlands, including tidal flats. However, this approach, so called 'mitigation' policy, is thus far, not a fully established policy but an evolving one. For Korea, there are only a few laws and policies which hint at the importance of creating coastal wetlands as a conservation measure, however, most of those systems only exist as vague provisions which lack any tangible and compulsory implementing procedures and technical guidelines. It seems that it is necessary to strengthen the legal measures for conserving coastal wetlands in Korea including specifying economic assessment methods and funding sources for the creation, restoration and rehabilitation of tidal flats to firmly establish a national wetland mitigation policy.

Information and Legal Support for the Implementation of a Gender Approach to Public Administration

  • Goshovska, Valentyna;Balasynovuch, Nataliia;Hryhorovych, Liliia;Goshovskyi, Volodymyr;Danylenko, Lydiia
    • International Journal of Computer Science & Network Security
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    • v.21 no.7
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    • pp.150-158
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    • 2021
  • The study identifies the importance of informational and legislative support in ensuring gender equality. It determines the relevance of gender inequality, the main problem, which is confirmed by research and statistical information. The study aims to determine the methods of collecting information and legal regulation of gender issues and the possibility of solving them by public authorities. The main methods of gathering information are census surveys, questionnaires, surveys on public service websites, work with local communities, surveys in nursing homes and orphanages, special survey programs, and election polls. The paper considers the legal regulation of gender inequalities at the international, state, local and organizational levels. According to the analysis of the problem of gender inequality, it is established that the problem is practically eliminated in many developed countries, while countries with low incomes face gender inequality constantly.