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"LEGAL SCIENCES"
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Shvaćanje pravne znanosti u suvremenoj udžbeničkoj literaturi iz pozitivnopravnih predmeta na Pravnom fakultetu Sveučilišta u Zagrebu
The paper discusses the explicitly stated understanding of legal science as it appears in compulsory course textbooks on positive law subjects at the Faculty of Law, University of Zagreb. The first part of the paper describes the research problem and posits the corresponding hypotheses, states the research aims, describes the method of qualitative content analysis, and elaborates on the content units used (themes, categories and subcategories). The second part establishes the textbooks which contain an explicit determination of a branch of legal science that they belong to, or legal science in general, and the extent to which they contain it. Furthermore, it establishes how the subject matter, objectives and methods of legal science are defined in the textbooks and whether the textbooks include interdisciplinarity as a part of legal research. The third part determines the predominant understanding of the subject matter, objectives and methods of legal science and the predominant understanding of interdisciplinarity of legal research in the analyzed course textbooks. The conclusion contains a discussion of research results, determines the extent to which the hypotheses are confirmed and highlights the possible avenues of further empirical and theoretical research on (Croatian) legal science. The research results demonstrate that the analyzed textbooks mostly contain at least an elementary determination of legal science, but differ greatly with respect to the placement, extent, and way of its elaboration. Furthermore, according to the predominant understanding, the subject matter of legal science are general legal norms. Its objectives are to describe the law, systematize it and to recommend more appropriate legislative solutions and ways of interpreting and applying it, while its methods are the dogmatic method, the comparative method, and the sociological method. Objectives and methods are mostly just mentioned, without being described and explained. Finally, less than a half of the textbooks mention that legal research includes some level of interdisciplinarity, while the predominant understanding is that interdisciplinarity consists primarily in using insights from other scientific disciplines.
Journal Article
The technoscientific witness of rape : contentious histories of law, feminism, and forensic science
\"In 1984, the Sexual Assault Evidence Kit (SAEK) was dubbed \"Ontario's most successful rapist trap.\" Since then, the kit has become the key source of evidence in the investigation and prosecution of sexual assault as well as a symbol of victims' improved access to care and justice. Unfortunately, the SAEK has failed to live up to these promises. The Technoscientific Witness of Rape is the first book to chart the thirty year history of the sexual assault evidence kit and its role in a criminal justice system that re-victimizes many assault victims in their quest for medical treatment and justice. Drawing on actor-network theory and feminist technology studies, Andrea Quinlan combs through sixty-two interviews with police, nurses, scientists, and lawyers, as well as archival records and legal cases to trace changes in sexual assault forensics, law, advocacy, and anti-violence activism in Ontario. Through this history Quinlan bravely and provocatively argues that the SAEK reflects and reinforces the criminal justice system's distrust of sexual assault victims.\"-- Provided by publisher.
Book
SHVAĆANJE PRAVNE ZNANOSTI U SUVREMENOJ UDŽBENIČKOJ LITERATURI IZ POZITIVNOPRAVNIH PREDMETA NA PRAVNOM FAKULTETU SVEUČILIŠTA U ZAGREBU
U radu se raspravlja o izrijekom iskazanom shvaćanju pravne znanosti u obveznoj udžbeničkoj literaturi iz pozitivnopravnih predmeta na Pravnom fakultetu Sveučilišta u Zagrebu. U prvome se dijelu rada opisuje istraživački problem i postavljaju odgovarajuće hipoteze, navode ciljevi istraživanja, detaljno opisuje korištena metoda kvalitativne analize sadržaja teksta i razraðuju jedinice sadržaja (teme, kategorije i potkategorije). U drugome se dijelu rada utvrðuje koji udžbenici sadržavaju odredbu pravnoznanstvene discipline kojoj pripadaju i/ili pravne znanosti općenito, u kojoj je mjeri sadržavaju, kako odreðuju predmet, ciljeve i metode pravne znanosti i uključuju li interdisciplinarnost u pravnoznanstvena istraživanja. U trećem se dijelu rada utvrðuje prevladavajuće shvaćanje predmeta, ciljeva i metoda pozitivnopravne znanosti i prevladavajuće shvaćanje o interdisciplinarnosti pravnoznanstvenih istraživanja u analiziranoj udžbeničkoj literaturi. U zaključku se raspravlja o rezultatima istraživanja, utvrðuje u kojoj su mjeri hipoteze potvrðene te se upućuje na moguće dodatne smjerove teorijskih i empirijskih istraživanja (hrvatske) pravne znanosti. Rezultati istraživanja pokazuju da analizirani udžbenici uglavnom sadržavaju barem osnovnu odredbu pravne znanosti, no da se uvelike razlikuju s obzirom na mjesto, obuhvat i način njezine razradbe. Nadalje, prema prevladavajućem shvaćanju, predmet pravne znanosti su opće pravne norme, njezini ciljevi opis i usustavljenje prava te preporučivanje primjerenijih zakonodavnih rješenja i primjerenijeg tumačenja i primjene prava, a metode dogmatska, poredbena i sociološka metoda. Ciljevi i metode pravne znanosti u pravilu se samo navode, bez dodatnog opisa i objašnjenja. Konačno, u manje od polovice udžbenikâ navodi se da pravnoznanstvena istraživanja uključuju neki oblik interdisciplinarnosti, pri čemu je prevladavajuće shvaćanje da se interdisciplinarnost ponajprije sastoji u korištenju spoznajama drugih znanstvenih disciplina.
Journal Article
Balancing the Right to Strike and Other Public Interests: The Importance of the Status of the Right to Strike
The regulation of strike action involves the balancing of competing public interests - the benefits derived from collective bargaining and the right to strike and others including public safety, health, welfare, and industrial peace. We explore how this balancing act plays out in the legal systems of two national jurisdictions, Australia and Sweden, and through the ILO principles on freedom of association as developed by the ILO's supervisory bodies. We seek to understand how different regulatory approaches to these competing public interests produces different outcomes and the potential consequences where protecting other public interests is prioritised over the right to strike.
Journal Article
On the Establishment of Chinese Self-Independent Knowledge System of Legal Science
Constructing the Chinese self-independent knowledge system of legal science is a great project to adapt Marxist legal science to the Chinese context and the needs of our times in the new era, a profound revolution in the field of legal science, a precursor and foundation for constructing a system of legal science with Chinese characteristics, an urgent need to train high-quality legal talents with both virtues and talents, and an inevitable requirement for promoting the Chinese path to the modernization of the rule of law. To carry out such a systematic project, it is imperative to focus on the seven basic principles and scientific methods that include adhering to the ideological guidance of XI Jinping Thought on the Rule of Law. The theory of the system of socialist rule of law with Chinese characteristics, which is the cornerstone for the development of the Chinese self-independent knowledge system of legal science, has provided a necessary and much-needed theoretical paradigm for the development of the Chinese self independent knowledge system of legal science, has led to the innovative development of legal theory with Chinese characteristics in the new era, and will continue to do it.
Journal Article
Forty Themes on the Innovation and Development of Chinese Legal Research in the Reform and Opening Up Era
China entered a new era of reform and opening up after the Third Plenary Session of the 11th Central Committee of the Communist Party of China in 1978. During the past forty years of rapid socioeconomic change and historical progress toward governing the country according to law, legal research in China has achieved unprecedented progress and prosperity. Forty years of legal research during China’s reform and opening up can be reviewed and summarized from varying perspectives, using wide-ranging approaches. This article will identify major theoretical issues and several innovative perspectives concerning legal research in China over the past forty years. It will focus on theoretical issues concerning jurisprudence, legal history, and other major areas of legal science.
Journal Article
Predicting judicial decisions of the European Court of Human Rights: a Natural Language Processing perspective
Recent advances in Natural Language Processing and Machine Learning provide us with the tools to build predictive models that can be used to unveil patterns driving judicial decisions. This can be useful, for both lawyers and judges, as an assisting tool to rapidly identify cases and extract patterns which lead to certain decisions. This paper presents the first systematic study on predicting the outcome of cases tried by the European Court of Human Rights based solely on textual content. We formulate a binary classification task where the input of our classifiers is the textual content extracted from a case and the target output is the actual judgment as to whether there has been a violation of an article of the convention of human rights. Textual information is represented using contiguous word sequences, i.e., N-grams, and topics. Our models can predict the court’s decisions with a strong accuracy (79% on average). Our empirical analysis indicates that the formal facts of a case are the most important predictive factor. This is consistent with the theory of legal realism suggesting that judicial decision-making is significantly affected by the stimulus of the facts. We also observe that the topical content of a case is another important feature in this classification task and explore this relationship further by conducting a qualitative analysis.
Journal Article
Providing digital security of healthcare system with criminal-legal means
Objective: to form a theoretical concept of criminal-legal protection of digital healthcare by identifying the key criminal risks; to perform a terminological analysis of the concept of “digital security of the healthcare system” and to analyze the possibility of its use in legal theory and practice. Methods: the article uses the universal dialectical method of cognition, as well as general scientific (analysis, synthesis, induction, deduction) and specific scientific (formal-legal) methods of research. Results: based on the conducted research, the key criminal risks and trends of digital healthcare were identified; legal and terminological analysis of the concept of “digital security of the healthcare system” was performed. The author has formulates the definitions of such concepts as “digital security of the healthcare system”, “ensuring digital security of the healthcare system” and “digital threat”, and reveals a set of reasons for legal regulation of digital security of the healthcare system. Scientific novelty: the author has developed a theoretical concept of criminal-legal protection of digital security of the healthcare system, which includes three groups of elements: key criminal risks in healthcare digitalization (risks arising in the circulation of digital information in the healthcare system; risks inherent in medical devices based on digital technologies; risks of critical information infrastructure in the Russian Federation); legal and terminological apparatus of digital securityof the healthcare system; factors that determine the need for legal regulation of digital security of the healthcare system by criminal-legal means (digitalization of healthcare; risks of hacking or unauthorized access to medical devices based on digital technologies; workload of medical workers; increased social danger of unlawful encroachments in the field of digitalhealthcare, etc.). Practical significance: the proposals and conclusions of the study can be used to improve criminal legislation and practice of its application, as well as to form a scientific basis for interdisciplinary research at the intersection of criminal law science and digital technologies.
Journal Article
Criminal anthropology of mariticide in Russia. Foreword to the article by P.N. Tarnovskaya “Female criminality in connection with early marriages”
Objective : to provide a general overview of the content of P.N. Tarnovskaya’s article “Female criminality in connection with early marriages”, to determine its place in its author’s heritage and its scientific value for modern criminology. Methods : the general scientific method of dialectical cognition, comparison, as well as the formal logical method (deduction, induction, definition and division of concepts). Results : having analyzed the content of P.N. Tarnovskaya’s article, the author determined its significance as the initial stage of forming her anthropological concept in the study of female murderers. The author specified the sections of P.N. Tarnovskaya’s monograph “Women-murderers” (1902), which use the results of the research described in the article under study. The author refuted the opinion, previously prevailing in Russian criminology, that anthropological research by P.N. Tarnovskaya was supposed to use biological means to prevent crime. On the contrary, in this work Tarnovskaya recommended changing the social environment to curb female criminality (mariticide), namely, abandoning the widespread early marriages of adolescent women before the end of puberty. Scientific novelty : for the first time, the author gives a criminological assessment of P.N. Tarnovskaya’s article “Female criminality in connection with early marriages” and indicates its links with her subsequent works. Practical significance : the results obtained make it possible to change the perception of research by P.N. Tarnovskaya’s as one of the founders of world criminological science. In her concept of crime prevention, the impact on general social factors on female criminality was considered fundamental for the prevention of women’s deviant behavior.
Journal Article