Laws

30 pages, 368 KiB

Open AccessArticle

Mining Work Health, Safety Laws and Serious Industrial Crimes in Australia: Down the Shaft of Jurisdictional Inconsistency

by Trajce Cvetkovski and Neville Weston

Laws 2025, 14(4), 49; https://doi.org/10.3390/laws14040049 - 16 Jul 2025

Abstract

This article examines the level of inconsistency in work, health and safety (WHS) laws across Australia’s mining sector. Despite general efforts towards national harmonisation through model WHS legislation, significant inconsistencies persist because individual states and territories retain primary regulatory control. A critical analysis [...] Read more.

This article examines the level of inconsistency in work, health and safety (WHS) laws across Australia’s mining sector. Despite general efforts towards national harmonisation through model WHS legislation, significant inconsistencies persist because individual states and territories retain primary regulatory control. A critical analysis of each jurisdiction’s legislative framework reveals a fragmented legal landscape. Queensland, especially, exhibits notable divergence. Key findings highlight a considerable variation in legislative approaches to risk management principles and specific obligations. In particular, a disjointed and incremental approach to serious offences such as industrial manslaughter and provisions concerning imputed conduct are evident. These inconsistencies suggest that corporations operating in multiple Australian mining regions must develop a nuanced understanding of the varying WHS requirements in each jurisdiction. This study underscores the need for caution when assessing risk management strategies aimed at preventing serious incidents because the presumption of a harmonised system can be misleading, especially concerning mining-specific legislation. Full article

18 pages, 706 KiB

Open AccessArticle

Community Cornerstones: An Analysis of HBCU Law School Clinical Programs’ Impact on Surrounding Communities

by Adeshola Akintobi, Sabine O’Hara, Elgloria Harrison and John Brittain

Laws 2025, 14(4), 48; https://doi.org/10.3390/laws14040048 - 15 Jul 2025

Abstract

Fifty million Americans, nearly 15% of the population, live below the federal poverty level, often facing civil legal issues without representation. Historically Black Colleges and Universities (HBCUs) have long served as economic engines and vital resources for their communities. HBCU law schools uphold [...] Read more.

Fifty million Americans, nearly 15% of the population, live below the federal poverty level, often facing civil legal issues without representation. Historically Black Colleges and Universities (HBCUs) have long served as economic engines and vital resources for their communities. HBCU law schools uphold this legacy by preparing students for legal careers while instilling a commitment to service, particularly for underserved citizens who lack access to quality legal representation. This research examines the dual mission of HBCU law schools—educating students and serving local communities—through a systematic document analysis of publicly available materials and literature on law school clinical programs. The findings identify four key community performance indicators that define the community impact of HBCU law schools: advocacy, engagement, client outcomes, and representation. These indicators reflect a shared commitment across all institutions to addressing systemic inequities through clinical legal education, reinforcing the role of HBCU law schools as both training grounds for future attorneys and essential pillars of justice in their communities. Full article

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14 pages, 223 KiB

Open AccessArticle

Balancing Privacy and Risk: A Critical Analysis of Personal Data Use as Governed by Saudi Insurance Law

by Mutaz Abdulaziz Alkhedhairy

Laws 2025, 14(4), 47; https://doi.org/10.3390/laws14040047 - 6 Jul 2025

Abstract

The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key [...] Read more.

The Kingdom of Saudi Arabia (KSA) Personal Data Protection Law (PDPL) was enacted in 2021. In its brief three-year existence, the PDPL has attracted significant academic and legal practitioner attention. This critical analysis focuses on three key questions: (1) What are the key PDPL objectives? (2) How does this legislation compare with privacy–data protection approaches adopted in other jurisdictions (notably the European Union General Data Protection Regulation 2016 (GDPR))? and (3) Does the PDPL achieve a reasonable, workable balance between personal data protection (‘data subjects’ interests) and risks associated with personal data being shared with KSA insurers? The analysis confirms that these PDPL measures appear sound, but a definitive assessment of the ‘balance’ objectives highlighted here requires ongoing attention—three years of PDPL use is an insufficient basis to reach final conclusions regarding PDPL fitness for purpose. However, a tentative ‘soundness’ conclusion has reasonable support when the relevant authorities are collectively assessed, particularly regarding the treatment of personal data by KSA insurers in the context of personal insurance policies. Full article

18 pages, 280 KiB

Open AccessArticle

Organisational Challenges in US Law Enforcement’s Response to AI-Driven Cybercrime and Deepfake Fraud

by Leo S. F. Lin

Laws 2025, 14(4), 46; https://doi.org/10.3390/laws14040046 - 4 Jul 2025

Abstract

The rapid rise of AI-driven cybercrime and deepfake fraud poses complex organisational challenges for US law enforcement, particularly the Federal Bureau of Investigation (FBI). Applying Maguire’s (2003) police organisation theory, this qualitative single-case study analyses the FBI’s structure, culture, technological integration, and inter-agency [...] Read more.

The rapid rise of AI-driven cybercrime and deepfake fraud poses complex organisational challenges for US law enforcement, particularly the Federal Bureau of Investigation (FBI). Applying Maguire’s (2003) police organisation theory, this qualitative single-case study analyses the FBI’s structure, culture, technological integration, and inter-agency collaboration. Findings underscore the organisational strengths of the FBI, including a specialised Cyber Division, advanced detection tools, and partnerships with agencies such as the Cybersecurity and Infrastructure Security Agency (CISA). However, constraints, such as resource limitations, detection inaccuracies, inter-agency rivalries, and ethical concerns, including privacy risks associated with AI surveillance, hinder operational effectiveness. Fragmented global legal frameworks, diverse national capacities, and inconsistent detection of advanced deepfakes further complicate responses to this issue. This study proposes the establishment of agile task forces, public–private partnerships, international cooperation protocols, and ethical AI frameworks to counter evolving threats, offering scalable policy and technological solutions for global law enforcement. Full article

(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)

16 pages, 241 KiB

Open AccessArticle

Justice Delayed in the COVID-19 Era: Injunctions, Mootness, and Religious Freedom in the United States Legal System

by Karen McGuffee, Tammy Garland and Sherah L. Basham

Laws 2025, 14(4), 45; https://doi.org/10.3390/laws14040045 - 29 Jun 2025

Abstract

The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and [...] Read more.

The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and the frequent dismissal of cases due to mootness. Analyzing key Supreme Court decisions and lower court rulings, we highlight the inconsistencies and delays that arose when addressing First Amendment challenges to pandemic-related restrictions. Arguments for procedural reforms, including expedited hearings and avoiding mootness dismissals in cases of national importance, are provided to protect fundamental rights during future public health crises. Full article

20 pages, 2275 KiB

Open AccessArticle

How Can Legal Measures Protect Chinese Doctors from Patient Violence?

by Weimin Shi, Ruiyu Geng and Hanbin Wang

Laws 2025, 14(4), 44; https://doi.org/10.3390/laws14040044 - 27 Jun 2025

Abstract

This article explores the persistent issue of assaults on medical staff in China that are unrelated to malpractice, which exacerbate tensions in doctor–patient relationships. These conflicts are primarily fueled by factors such as the disparity between doctors and patients, unequal distribution of medical [...] Read more.

This article explores the persistent issue of assaults on medical staff in China that are unrelated to malpractice, which exacerbate tensions in doctor–patient relationships. These conflicts are primarily fueled by factors such as the disparity between doctors and patients, unequal distribution of medical resources, and inadequacies in the legal protection system. Drawing on Foucault’s micro-power theory, this research proposes a tripartite governance model that includes reconfiguring medical resources through public–private partnerships, implementing proactive legal mechanisms such as hospital-embedded policing systems, and establishing mandatory protocols for treatment explanations to reduce information asymmetry. The article also highlights the importance of medical conflict mediation systems to effectively resolve disputes and ensure satisfaction for all parties involved. Full article

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23 pages, 486 KiB

Open AccessArticle

Copyright Implications and Legal Responses to AI Training: A Chinese Perspective

by Li You and Han Luo

Laws 2025, 14(4), 43; https://doi.org/10.3390/laws14040043 - 23 Jun 2025

Abstract

The emergence of generative AI presents complex challenges to existing copyright regimes, particularly concerning the large-scale use of copyrighted materials in model training. Legal disputes across jurisdictions highlight the urgent need for a balanced, principle-based framework that protects the rights of creators while [...] Read more.

The emergence of generative AI presents complex challenges to existing copyright regimes, particularly concerning the large-scale use of copyrighted materials in model training. Legal disputes across jurisdictions highlight the urgent need for a balanced, principle-based framework that protects the rights of creators while fostering innovation. In China, a regulatory approach of “moderate leniency” has emerged—emphasizing control over downstream AI-generated content (AIGC) while adopting a more permissive stance toward upstream training. This model upholds the idea–expression dichotomy, rejecting theories such as “retained expression” or “retained style”, which improperly equate ideas with expressions. A critical legal distinction lies between real-time training, which is ephemeral and economically insignificant, and non-real-time training, which involves data retention and should be assessed under fair use test. A fair use exception specific to AI training is both timely and justified, provided it ensures equitable sharing of technological benefits and addresses AIGC’s potential substitutive impact on original works. Furthermore, technical processes like format conversion and machine translation do not infringe derivative rights, as they lack human creativity and expressive content. Even when training involves broader use, legitimacy may be established through the principle of technical necessity within the reproduction right framework. Full article

17 pages, 248 KiB

Open AccessArticle

Incremental Progress in Combating IUU Fishing: A Review of China’s 2020 Administrative Regulations for Distant-Water Fisheries

by Qing Zhao, Xuexin Yi and Ming Jing

Laws 2025, 14(4), 42; https://doi.org/10.3390/laws14040042 - 23 Jun 2025

Abstract

Addressing the illegal, unreported, and unregulated (IUU) fishing in the water beyond its jurisdiction poses a significant challenge for China as it aims to establish itself as a responsible participant in global fishing governance. Inadequate regulation and enforcement largely contribute to the increase [...] Read more.

Addressing the illegal, unreported, and unregulated (IUU) fishing in the water beyond its jurisdiction poses a significant challenge for China as it aims to establish itself as a responsible participant in global fishing governance. Inadequate regulation and enforcement largely contribute to the increase in the suspected illegal fishing by Chinese vessels, fishing enterprises, and crew members. In 2020, China revised the RDWF (2020) to address the growing issues of IUU fishing. This study aims to evaluate the effectiveness of the RDWF (2020) in addressing China’s IUU fishing in distant water. This paper concludes that RDWF (2020) represents an incremental advancement in China’s initiatives to eliminate IUU fishing. RDWF (2020) emphasizes the government’s responsibilities in regulating vessel quantities and ensuring accurate reporting. Furthermore, RDWF (2020) adopts measures to fulfill China’s responsibilities under RFMOs. Additionally, RDWF (2020) expands the roster of operators liable for penalties and delineates IUU fishing activities that necessitate sanctions. Ultimately, RDWF (2020) develops an evaluation system to monitor compliance with anti-IUU fishing obligations as stipulated by international treaties and Chinese laws and regulations. However, RDWF (2020) encounters limitations that may impede its effectiveness in addressing IUU fishing, such as the lack of responsibilities assigned to administrative bodies, insufficient penalties for serious IUU fishing activities, and inadequate compliance with international standards for sustainable fishing. This paper provides policymakers specific recommendations for improving the identified areas of RDWF (2020) and offers insights for distant-water fishing nations that are grappling with significant IUU fishing issues to make gradual improvements in combating IUU fishing. Full article

15 pages, 274 KiB

Open AccessArticle

Algorithmic Bias as a Core Legal Dilemma in the Age of Artificial Intelligence: Conceptual Basis and the Current State of Regulation

by Gergely Ferenc Lendvai and Gergely Gosztonyi

Laws 2025, 14(3), 41; https://doi.org/10.3390/laws14030041 - 12 Jun 2025

Abstract

This article examines algorithmic bias as a pressing legal challenge, situating the issue within the broader context of artificial intelligence (AI) governance. We employed comparative legal analysis and reviewed pertinent regulatory documents to examine how the fragmented U.S. approaches and the EU’s user-centric [...] Read more.

This article examines algorithmic bias as a pressing legal challenge, situating the issue within the broader context of artificial intelligence (AI) governance. We employed comparative legal analysis and reviewed pertinent regulatory documents to examine how the fragmented U.S. approaches and the EU’s user-centric legal frameworks, such as the GDPR, DSA, and AI Act, address the systemic risks posed by biased algorithms. The findings underscore persistent enforcement gaps, particularly concerning opaque black-box algorithmic design, which hampers bias detection and remediation. The paper highlights how current regulatory efforts disproportionately affect marginalized communities and fail to provide effective protection across jurisdictions. It also identifies structural imbalances in legal instruments, particularly in relation to risk classification, transparency, and fairness standards. Notably, emerging regulations often lack the technical and ethical capacity for implementation. We argue that global cooperation is not only necessary but inevitable, as regional solutions alone are insufficient to govern transnational AI systems. Without harmonized international standards, algorithmic bias will continue to reproduce existing inequalities under the guise of objectivity. The article advocates for inclusive, cross-sectoral collaboration among governments, developers, and civil society to ensure the responsible development of AI and uphold fundamental rights. Full article

23 pages, 495 KiB

Open AccessArticle

A Problem-Solving Court for Crimes Against Older Adults

by George B. Pesta, Julie N. Brancale and Thomas G. Blomberg

Laws 2025, 14(3), 40; https://doi.org/10.3390/laws14030040 - 11 Jun 2025

Abstract

The growth of the older adult population, their wealth accumulation, and vulnerabilities from aging have contributed to increasing rates of abuse, fraud, and financial exploitation. However, the current responses and services are fragmented and ineffectual. This paper develops a novel strategy for addressing [...] Read more.

The growth of the older adult population, their wealth accumulation, and vulnerabilities from aging have contributed to increasing rates of abuse, fraud, and financial exploitation. However, the current responses and services are fragmented and ineffectual. This paper develops a novel strategy for addressing the variation in response and victim service provision through the development of a problem-solving court that is informed by the principles of restorative justice. Given the unique challenges, cases, and population, a problem-solving court for crimes against older adults will provide tailored interventions, responses, and sanctions while ensuring that older adult victims and their communities are at the center of the criminal justice process and that their needs are prioritized. Research on problem-solving courts; restorative justice; and older adult abuse, fraud, and financial exploitation are integrated with data from a case study of older adult financial exploitation in a large retirement community to develop the model problem-solving court. Consistent with best practices in victim services, the model court will provide comprehensive services in a one-stop location, while simultaneously increasing accountability for offenders who prey on this vulnerable population. The paper concludes with a plan to guide the implementation and evaluation of the proposed model problem-solving court for older adult abuse, fraud, and exploitation. Full article

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19 pages, 549 KiB

Open AccessViewpoint

On Gastronomic Jurisprudence and Judicial Wellness as a Matter of Competence

by Alan C. Logan, Colleen M. Berryessa, Pragya Mishra and Susan L. Prescott

Laws 2025, 14(3), 39; https://doi.org/10.3390/laws14030039 - 9 Jun 2025

Abstract

For over a century, critics have postulated that a judge’s state of hunger or post-prandial mental state is a determinant of judicial outcomes. This idea, known in contemporary discourse as the ‘judicial breakfast,’ is used as a surrogate of the larger ways in [...] Read more.

For over a century, critics have postulated that a judge’s state of hunger or post-prandial mental state is a determinant of judicial outcomes. This idea, known in contemporary discourse as the ‘judicial breakfast,’ is used as a surrogate of the larger ways in which biases, even if the individual is not aware of them, influence judicial outcomes. In 2011, the publication of a landmark study paired parole decisions with judicial meal breaks, inviting a literal interpretation of the judicial breakfast. Since that publication, the literature on nutritional neuropsychology has grown rapidly. The findings of these studies are highly relevant to judges experiencing high stress levels, including workload demands and activities within the adversarial system. This stress represents significant harm to an individual judge’s wellbeing, and based on updated findings within neuropsychology, has potential relevance to judicial outcomes. Emergent research indicates that dietary choices and blood/brain glucose have the potential to act as important mediators of decision-making under conditions of stress and fatigue. With proper evidence-based attention, we can better understand the extent to which diet and lifestyle can positively influence judicial wellness and, by extension, support or refute the longstanding assumptions surrounding the “hungry judge effect” and gastronomic jurisprudence. Full article

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26 pages, 380 KiB

Open AccessArticle

Evaluating the Wallet-Based DCEP: Regulatory Innovations and Implementation Strategies in China’s Retail CBDC

by Zhenyong Li and Jianxing Li

Laws 2025, 14(3), 38; https://doi.org/10.3390/laws14030038 - 31 May 2025

Abstract

In pursuit of a higher-quality post-pandemic economic recovery, Chinese authorities have accelerated the development of the e-CNY. This study posits that the e-CNY distinguishes itself from other payment instruments through its controlled anonymity, programmability, and non-interest-bearing attributes. By analyzing patents filed by the [...] Read more.

In pursuit of a higher-quality post-pandemic economic recovery, Chinese authorities have accelerated the development of the e-CNY. This study posits that the e-CNY distinguishes itself from other payment instruments through its controlled anonymity, programmability, and non-interest-bearing attributes. By analyzing patents filed by the Digital Currency Research Institute of the People’s Bank of China between 2016 and 2023, the paper elucidates potential implementation strategies for these distinctive features. The findings suggest that the e-CNY may facilitate a zero-interest accrual model within the prevailing legal framework. Restricted authority access and the anonymity ensured by encrypted data further allow users to maintain a high degree of confidentiality. Additionally, conditional automatic transfers—a prominent function in the e-CNY’s smart contracts—mirror traditional automatic transfers for directed fund utilization without impeding the circulation of fiat currency. The People’s Bank of China has sought to thoughtfully integrate these functionalities into its Central Bank Digital Currency framework, aiming to minimize potential conflicts with existing legal standards. Instead of relying solely on extensive legislative revisions, China’s experience illustrates how deliberate and incremental CBDC design choices can reconcile regulatory compliance with innovative technological advancements. Full article

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32 pages, 679 KiB

Open AccessArticle

The Prison-Identity Complex: Unravelling Labour and Law in Identity-Based Prison Worklines

by Lihi Yona and Faina Milman-Sivan

Laws 2025, 14(3), 37; https://doi.org/10.3390/laws14030037 - 30 May 2025

Abstract

This article explores identity-based prison worklines, described as the organisation of prison labour around prisoners’ identities such as race, sex, disability, and age. These worklines often impact prisoners’ pay, working conditions, and post-release opportunities. By examining this phenomenon primarily in the United Kingdom, [...] Read more.

This article explores identity-based prison worklines, described as the organisation of prison labour around prisoners’ identities such as race, sex, disability, and age. These worklines often impact prisoners’ pay, working conditions, and post-release opportunities. By examining this phenomenon primarily in the United Kingdom, as well as across Europe and the US, the article discusses the co-constitutive relationship between prison labour and the identity of prisoner-labourers. To analyse this relationship, the article develops a theoretical model of Incarcerated Working Identities (IWI), drawing insights from six distinct theoretical fields: prison studies, labour studies, identity studies, and their intersecting sub-fields. Placing identity-based prison worklines within the IWI theoretical framework exposes two tiers of harm: (1) discrimination and (2) identity re/construction. Together, these harms illustrate how identity-based prison worklines infringe on prisoners’ right to equality while also constraining their identity in ways that clash with their rights to liberty, autonomy, and dignity. These harms, this article concludes, violate human rights law. Incarcerated individuals could therefore utilise the IWI framework to challenge their current work assignments and conditions. Full article

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30 pages, 291 KiB

Open AccessArticle

Rethinking Trademark Dilution in Jordan: Addressing Ambiguities and Aligning with Global Standards

by Shatha Majid Shannag and Subhajit Basu

Laws 2025, 14(3), 36; https://doi.org/10.3390/laws14030036 - 25 May 2025

Abstract

This paper critically analyses the application of the trademark dilution doctrine under Jordanian trademark law, exposing fundamental deficiencies arising from statutory ambiguity and inconsistent judicial interpretation. The indeterminate definition of a “well-known” trademark in the second section has led to an indiscriminate classification [...] Read more.

This paper critically analyses the application of the trademark dilution doctrine under Jordanian trademark law, exposing fundamental deficiencies arising from statutory ambiguity and inconsistent judicial interpretation. The indeterminate definition of a “well-known” trademark in the second section has led to an indiscriminate classification of foreign marks as inherently well-known, resulting in courts extending automatic dilution protection without a rigorous evidentiary assessment. This practice fosters an implicit presumption favouring foreign trademark holders, potentially disadvantaging domestic marks that may not receive commensurate protection, thereby undermining the principle of equitable trademark enforcement. This paper argues for a systematic recalibration of Jordan’s dilution framework. A comparative analysis of the well-established dilution doctrines in the United States and European Union identifies jurisprudential best practices that could enhance the doctrinal coherence and judicial application of dilution protection in Jordan. Furthermore, drawing on the WIPO Joint Recommendation as a normative foundation, the paper proposes legal reforms to rectify inconsistencies, ensuring a more balanced and principled approach to trademark dilution. We argue that aligning Jordan’s legal framework with international standards strengthens the discourse on harmonising intellectual property law and ensuring equitable trademark protection in emerging markets. Full article

15 pages, 229 KiB

Open AccessArticle

The Banality of Crimmigration—Can Immigration Law Recover Itself?

by Catherine Dauvergne

Laws 2025, 14(3), 35; https://doi.org/10.3390/laws14030035 - 15 May 2025

Abstract

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in [...] Read more.

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in matters of immigration, crimmigration now forms the basis of a new form of bipartisan consensus. By looking back on the Justin Trudeau Liberal government, we see that most of the Harper-era crimmigration measures were left in place, and the advance of crimmigration continued unabated. If we are to make any progress in recovering space for values other than crimmigration in our immigration law and politics, we need to both think more creatively about the future and recover our sense of outrage. Full article

23 pages, 4972 KiB

Open AccessArticle

Tax Control Between Legality and Motivation: A Case Study on Romanian Legislation

by Ioana Maria Costea, Despina-Martha Ilucă and Maria-Eliza Galan

Laws 2025, 14(3), 34; https://doi.org/10.3390/laws14030034 - 13 May 2025

Abstract

Our study aims to evaluate the current Romanian context for tax control by correlating the legal framework with the administrative model, as derived through empirical analysis. Our hypotheses, confirmed by the observed macro-dynamics of tax control in a period of four years, are [...] Read more.

Our study aims to evaluate the current Romanian context for tax control by correlating the legal framework with the administrative model, as derived through empirical analysis. Our hypotheses, confirmed by the observed macro-dynamics of tax control in a period of four years, are as follows: (1) the current legal framework for tax control is heterogeneous, incomplete, and influenced by administrative practices; (2) debt collection is an inconsistent outcome of various forms of tax control, contributing marginally to budget dynamics; and (3) the identification of tax-related illegal activities heavily depends on tax control, while the application of administrative and criminal sanctions varies significantly. The study highlights the need to (re)design the normative framework to enhance coherence and effectiveness; hence, we advanced a model of normative reform based on the three abovementioned conclusion. Full article

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22 pages, 280 KiB

Open AccessArticle

Intersections of the Right to Education and Human Dignity in International Human Rights Law: A Purpose-Based Analysis

by Obinna Christian Edeji

Laws 2025, 14(3), 33; https://doi.org/10.3390/laws14030033 - 10 May 2025

Abstract

The atrocities of World War II were pivotal to the launch of the human rights project, which became anchored on the recognition of the inherent dignity of all humans and formed a cornerstone justifying the ascription of rights. Indeed, it became essential to [...] Read more.

The atrocities of World War II were pivotal to the launch of the human rights project, which became anchored on the recognition of the inherent dignity of all humans and formed a cornerstone justifying the ascription of rights. Indeed, it became essential to recognise education as a human right given the emergent need to promote the use of reason, having recognised humans as people imbued with inherent dignity. This paper explores the right to education in international human rights law (IHRL) from the perspective of its purpose, and uses IHRL as its starting point. It argues that the ascription of inherent dignity to everyone justifies access to education and investigates the nexus between dignity and education, arguing that access to education is a sine qua non to expanding the inherent dignity of all humans. Thus, it argues that the recognition of dignity requires that all children must be provided with equal access to education to stimulate the use of reason. Full article

16 pages, 3551 KiB

Open AccessArticle

Using Computational Methods to Explore Law in Sermons

by Markus M. Totzeck and Valentin Fuchs

Laws 2025, 14(3), 32; https://doi.org/10.3390/laws14030032 - 4 May 2025

Abstract

An empirical study on the use of law in Christian sermons has so far been a blank space in research, especially when large corpora of sermons are examined. In this article, we present the first findings of the ongoing RUNIP project, in which [...] Read more.

An empirical study on the use of law in Christian sermons has so far been a blank space in research, especially when large corpora of sermons are examined. In this article, we present the first findings of the ongoing RUNIP project, in which computer-assisted methods are used and validated in sermon analysis. The process integrates manual coding via MaxQDA with machine learning techniques, notably contextual embeddings derived from Transformer architectures such as SBERT, enabling us to detect patterns across large corpora. We argue that embeddings in text analysis can help to complement a manual, human-based text analysis. Clustering based on sentence embeddings helps identify semantically related sermon passages, although the complexity and length of the original texts, as well as the nuanced theological language, pose challenges to computer-aided analysis. By bridging historical and contemporary sermon analysis with data science methodologies, we demonstrate how an interdisciplinary approach can expand our understanding of how preachers address law, norms, and moral questions in Christian sermons. This is demonstrated by qualitative results from the analysis of the large historical sermon corpus of Friedrich D. E. Schleiermacher. Full article

(This article belongs to the Special Issue AI and Its Influence: Legal and Religious Perspectives)

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21 pages, 268 KiB

Open AccessArticle

From a Medical to a Social Model: The Evolution of Disability Rights in the Peruvian Constitutional Court’s Jurisprudence (2004–2024)

by Alfonso Renato Vargas-Murillo, Enlil Iván Herrera-Pérez, Rafael Fortunato Supo Hallasi, Carlos Alberto Cueva Quispe and Ilda Nadia Monica de la Asuncion Pari-Bedoya

Laws 2025, 14(3), 31; https://doi.org/10.3390/laws14030031 - 2 May 2025

Abstract

The evolution of disability rights jurisprudence in Peru’s Constitutional Court (2004–2024) demonstrates a paradigm shift from medical to social models of disability. This research analyzes key Constitutional Court decisions through documentary analysis, identifying three distinct periods: early medical model jurisprudence (2004–2009), transitional incorporation [...] Read more.

The evolution of disability rights jurisprudence in Peru’s Constitutional Court (2004–2024) demonstrates a paradigm shift from medical to social models of disability. This research analyzes key Constitutional Court decisions through documentary analysis, identifying three distinct periods: early medical model jurisprudence (2004–2009), transitional incorporation of international standards (2010–2015), and consolidation of the social model (2016–2024). Findings reveal how the Court’s reasoning evolved from focusing on individual impairments and rehabilitation to recognizing disability as arising from societal barriers. The Court progressively developed sophisticated legal standards for disability discrimination, reasonable accommodation, and recognition of communication rights. Despite significant jurisprudential advancement, implementation challenges persist across institutional contexts, evidencing gaps between progressive legal frameworks and practical application. This study contributes to understanding how constitutional courts can drive paradigmatic shifts in human rights protection while highlighting the limitations of judicial interpretation alone in achieving disability rights implementation. Full article

(This article belongs to the Special Issue Disability Rights and the Law: Ensuring Equal Access and Inclusion for Persons with Disabilities Around the World)

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