To see the other types of publications on this topic, follow the link: Unborn children (Roman law).
Journal articles on the topic 'Unborn children (Roman law)'
Create a spot-on reference in APA, MLA, Chicago, Harvard, and other styles
Consult the top 50 journal articles for your research on the topic 'Unborn children (Roman law).'
Next to every source in the list of references, there is an 'Add to bibliography' button. Press on it, and we will generate automatically the bibliographic reference to the chosen work in the citation style you need: APA, MLA, Harvard, Chicago, Vancouver, etc.
You can also download the full text of the academic publication as pdf and read online its abstract whenever available in the metadata.
Browse journal articles on a wide variety of disciplines and organise your bibliography correctly.
1
WHITFIELD, ADRIAN. "COMMON LAW DUTIES TO UNBORN CHILDREN." Medical Law Review 1, no. 1 (1993): 28–52. http://dx.doi.org/10.1093/medlaw/1.1.28.
Full text
2
Fioshin, Aleksandr V. "ON CHILD’S RIGHTS BEFORE AND AFTER BIRTH." Notary 2 (March 18, 2021): 24–28. http://dx.doi.org/10.18572/1813-1204-2021-2-24-28.
Full textAbstract:
The article is devoted to the issues of the unborn child’s rights and the abuse of the rights of children born. Examples of various legal orders protecting the life of a child before birth are given. The issue of the need to protect unborn children in the national doctrine is analyzed. The author’s definition of abuse of law in family legal relations is proposed. The abuse of the right by the child is characterized.
3
Barker, Richard W. "Unborn children and child protection—Legal, policy and practice issues." Liverpool Law Review 19, no. 2 (September 1997): 219–29. http://dx.doi.org/10.1007/bf02810552.
Full text
4
De Freitas, Shaun A. "Seeking Deliberation on the Unborn in International Law." Potchefstroom Electronic Law Journal/Potchefstroomse Elektroniese Regsblad 14, no. 5 (June 8, 2017): 8. http://dx.doi.org/10.17159/1727-3781/2011/v14i5a2596.
Full textAbstract:
International human rights instruments and jurisprudence radiate an understanding of international law as also serving to protect fundamental rights and the interests of the individual. The idea that human rights provide a credible framework for constructing common norms among nations and across cultures is both powerful and attractive. If the protection of being human serves as the common denominator in human rights discussion, and if human rights are deeply inclusive, despite being culturally and historically diverse, then a failure to deliberate on the legal status and protection of the unborn may be seen as a failure to extend respect where it is due. Such deliberation is required, irrespective of the fact that jurisprudential debate on the unborn and on abortion is complex and controversial. The protection of human life, well-being, and dignity are essential aims of the United Nations Charter and the international system created to implement it. Although there have been collective efforts resulting in substantial development in international human rights law, the international community has not approached the legal status and protection of the unborn as a matter of urgency – this, while much has been accomplished regarding women, children, animals and cloning. This article therefore argues for the development of a deliberative framework so as to further the recognition (not necessarily in an absolute sense) of the unborn in international law, bearing in mind that opposition to abortion does not of itself constitute an attack on a woman's right to respect for privacy in her life. The article also sets out what such deliberation on the legal status and protection of the unborn entails, against the background of a procedurally-rational approach.
5
Grubb, Andrew, and David Pearl. "Sterilisation and the Courts." Cambridge Law Journal 46, no. 3 (November 1987): 439–64. http://dx.doi.org/10.1017/s0008197300117465.
Full textAbstract:
In recent years courts in the common law world have been concerned with their protective jurisdiction in the area of medical treatment; for example, the rights and status of the unborn foetus, the withholding of treatment from handicapped children, sterilisation, the provision of contraception, and the availability of abortion in relation to healthy and handicapped children and young adults.
6
Szelewa, Dorota. "Killing ‘Unborn Children’? The Catholic Church and Abortion Law in Poland Since 1989." Social & Legal Studies 25, no. 6 (December 2016): 741–64. http://dx.doi.org/10.1177/0964663916668247.
Full textAbstract:
Legislation on abortion in Poland is among the strictest of all European countries. As with Malta and Ireland, the regulations in Poland do not allow for the termination of a pregnancy on the grounds of the difficult social or economic situation of a woman. Post-1989 developments with regard to abortion law in Poland show the influence of the Catholic Church as a very powerful societal actor on the drafting and implementation of one of the most important policies affecting women’s rights and gender relations. Catholic ‘pro-life’ circles exercised pressure in the process of drafting and adopting the new law, as well as at the stage of the law’s implementation. The symbolic victory of the Church over abortion law is evident in the shift in general discourse and in the official language of legal acts, where, for example, ‘foetus’ has been replaced by ‘conceived child’ (in the law) or by ‘unborn child’ (in discourse). As a consequence, for public opinion abortion is seen as tantamount to ‘the act of killing the unborn child’.
7
Montgomery, Heather, and Marc Cornock. "Children's rights in and out of the womb." International Journal of Children's Rights 19, no. 1 (2011): 3–19. http://dx.doi.org/10.1163/157181810x522351.
Full textAbstract:
AbstractThis article looks at the extent to which children's rights are applicable to the unborn. It focuses on England and Wales but also uses law and practice in other countries for comparative purposes. From the dual perspectives of the law and the anthropology/sociology of childhood, the authors examine how the unborn are constructed in law and culture and what this says about the boundaries between life and non-life, child and foetus, person and non-person. They also discuss the reluctance that many who work in childhood studies, and on children's rights, have shown in discussing the controversial question of when childhood begins. The article then examines differing ideas about when children are granted social and legal personhood and the various and often-contradictory positions taken by the law, parents, health care professionals and in more general debates.
8
Bauer, Nicolas. "John Paul II, the right to life and abortion." Chrześcijaństwo-Świat-Polityka, no. 27 (December 29, 2023): 254–63. http://dx.doi.org/10.21697/csp.2023.27.1.15.
Full textAbstract:
John Paul II formulated the prohibition of killing an innocent person in terms of natural Human Rights. He advocated in favour of the right to life of unborn children, through diplomacy and action at the United Nations. The Polish Pope opposed both the claims and the methods of the pro-abortion lobby. This article examines news of this worldwide battle, analysing both Human Rights Law and the power relations surrounding abortion. Nearly thirty years after the Cairo Conference (1994), unborn children have not been excluded from the protection of the right to life and an international obligation to legalize abortion has never been created. However, the assaults of the pro-abortion lobby are as strong as during the 1990s. The entryism of this lobby has even created dysfunctions in the international institutions themselves, thus affecting and losing their impartiality.
9
Ferdinands, Patrick. "How the Criminal Law in Australia Has Failed to Promote the Right to Life for Unborn Children: A Need for Uniform Criminal Laws on Abortion across Australia." Deakin Law Review 17, no. 1 (October 1, 2012): 43. http://dx.doi.org/10.21153/dlr2012vol17no1art69.
Full textAbstract:
This article contends that human life has an intrinsic value from the moment of its conception based on its potential use to the community. This value to the community demands protection from the state. However, there is also a need to balance this aim against the legitimate health interests of pregnant women. Abortions should be permitted only in circumstances where the abortion is necessary to preserve the pregnant woman from any serious danger to her physical or mental health. This article shows that the lack of uniformity in Australia’s criminal law in the area of abortion plays a part in unduly undermining the right to life of unborn children. Accordingly, there is a need for effective uniform criminal laws throughout Australia that properly protect the right to life of unborn children and are duly sensitive to the valid health interests of pregnant women that give rise to circumstances justifying abortion.
10
ten Haaf, Lisette. "Unborn and Future Children as New Legal Subjects: An Evaluation of Two Subject-Oriented Approaches—The Subject of Rights and the Subject of Interests." German Law Journal 18, no. 5 (September 1, 2017): 1091–120. http://dx.doi.org/10.1017/s2071832200022264.
Full textAbstract:
The desire to prevent prenatal and preconceptual harm has led to a call for more legal protection for unborn and future children. This Article analyzes the way in which the Dutch legal system has responded to this call by identifying and critically scrutinizing two strategies employed in this response. First, to protect the unborn child from maternal harm, the concept of legal personality has been expanded to include the unborn child, albeit only the viable fetus. This strategy is criticized because its measures are presented as if they follow directly from the existing legal framework, whereas these measures are in fact based on several obscured assumptions and, therefore, bring to bear a new perspective on the concept of legal personality. The second strategy is applied to the future child. Instead of expanding an existing category, a new category is created to offer the future child a place within the law. The future child is addressed as the subject of legal relevant interests instead of rights. Although this strategy seems promising, it still faces difficulties when applied to the future child, which presumably has an interest in non-existence.
11
Tate, Joshua C. "Christianity and the Legal Status of Abandoned Children in the Later Roman Empire." Journal of Law and Religion 24, no. 1 (2008): 123–41. http://dx.doi.org/10.1017/s0748081400001958.
Full textAbstract:
A.H.M. Jones, the great British historian of the later Roman Empire, was once asked what difference conversion to Christianity made to Rome. His answer: None. Brutal gladiatorial contests continued to be held, slavery was not abolished, and cruel penalties were laid down for seemingly minor moral infractions. Thus, Jones reasoned, the actual impact of Christianity on secular Roman society is difficult to see. Jones's view, however, has not been universally shared, particularly when it comes to the Roman legal system. Biondo Biondi saw Christianity as bringing about “un profundo rivolgimento” in late Roman law, which had ramifications in many different areas. As a religion, Christianity differed in unmistakable ways from its pagan competitors, and it would be quite surprising if these differences did not have some impact on Roman law and society when Christianity was adopted as the official state religion. The late Roman era offers a fertile testing ground for the impact a nascent religion might have on a society and its legal institutions.
12
Waelkens, Laurent. "Dans quelles limites peut-on parler d’enfants naturels dans le droit romain de l’Antiquité?" TIJDSCHRIFT VOOR RECHTSGESCHIEDENIS 80, no. 3-4 (2012): 399–414. http://dx.doi.org/10.1163/15718190-000a1213.
Full textAbstract:
To what extent is it possible to speak of natural children in the Roman law of Antiquity? – Most legal historians understand the Latin words filii naturales as ‘natural children’, with a connotation of illegitimate children, second-class because born and educated outside wedlock. An analysis of filius and naturalis in the Justinian collection learns that in Roman Antiquity these terms indicated own congenital children and had no negative undertone. The epitomes of the Breviarium of Alaric demonstrate that the modern denotation of natural children came up in the eighth century.
13
Wevers, Kate. "Recent Case Developments in Health Law." Journal of Law, Medicine & Ethics 38, no. 2 (2010): 436–40. http://dx.doi.org/10.1111/j.1748-720x.2010.00502.x.
Full textAbstract:
A 2009 decision by a Florida state trial court marks a recent addition to the long line of cases authorizing compelled medical treatment of pregnant women for the benefit of their unborn children. Despite recurring judicial and academic consideration of the issues involved, there is no consensus regarding the correct approach to take in cases that pit a woman's right to refuse medical treatment against the state's interest in protecting fetal health. Burton v. Florida, currently under appeal to Florida's First District Court of Appeals, demonstrates the difficulty of emergency decision-making in this area and the need for robust ex ante consideration of the important interests at stake.In March 2009, pursuant to a petition by the State of Florida, the Leon County Circuit Court overrode a pregnant woman's informed refusal to consent to medical treatment, and ordered her to remain a hospital inpatient and submit to medical treatment.
14
Schäfer, Lawrence. "The judicial development of the Roman-Dutch doctrine of parental authority in South African law." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 76, no. 1-2 (2008): 133–53. http://dx.doi.org/10.1163/157181908x277590.
Full textAbstract:
AbstractThe Roman-Dutch doctrine of parental authority differed markedly from the parallel doctrine in English common law, particularly in relation to the balance of power between parents and generally in relation to illegitimate children. This paper traces the judicial development of the Roman-Dutch doctrine by the South African courts and focuses on two important turning points, at which the unnecessary adoption of principles of English law resulted in a departure from Roman-Dutch principles. The product of this judicial development was a doctrine of parental authority that differentiated sharply between legitimate and illegitimate children, and greatly impeded the capacity of judges to apply the 'best interests' principle in disputes concerning the latter.
15
Remington Graham, John. "The Human Foetus as a Legal Person." Revue générale de droit 29, no. 3 (March 17, 2016): 323–36. http://dx.doi.org/10.7202/1035669ar.
Full textAbstract:
This article is meant to amplify and update the author's article published as "Natural Law, our Constitutions, and the Unborn", (1996) 27 Revue générale de droit, 21-53. Particular emphasis is laid on the judicial revolution initiated by the Supreme Court of Canada in the Montréal Tramways Co. case in 1933, and led by the American legal scholar, William Prosser. By about 1955, courts across North America generally came to recognize in the field of torts, and in private litigation generally, the existence of unborn children as legal persons from and after conception. The author shows that this judicial revolution was nothing but a recognition of an ancient rule of the civil law of Rome, restated by Tribonian in the 6th century, and acknowledged also by the common law of England on repeated occasions before and after the American Revolution. The author shows furthermore that this rule should have prevented the decision of the United States Supreme Court in Roe v. Wade and its Canadian progeny, but was ignored. The author allows that humanity and justice, no less than legal tradition, may necessitate some concessions in criminal proceedings. But he illustrates, by reference to recent and tragic decisions in the United States and Canada, why the civil liberties of us all, demand a reaffirmation of the ancient rule that, in all private ligitation, the human foetus must be protected as a legal person from and after conception.
16
Hadi Pratama, Widodo, I. Nyoman Nurjaya, and Lucky Endrawati. "Ratio Legis Differences in Abortion Provisions in Law Number 36 of 2009 Concerning Health and the Criminal Code." International Journal of Social Science Research and Review 5, no. 9 (September 11, 2022): 131–45. http://dx.doi.org/10.47814/ijssrr.v5i9.613.
Full textAbstract:
This research seeks to identify, describe, and analyze why the health law regulates abortion for rape victims while under the Criminal Code abortion is illegal and regarded a crime, as well as the abortion provisions for rape victims that should be regulated in the Health Law. In this paper, normative legal research was conducted. This research focuses on the Legis Ratio of Differences in Abortion Provisions in Law No. 36 of 2009 Concerning Health and the Criminal Code. The method utilized is the statutory approach. The findings revealed that the prohibition against abortion, which is a Dutch heritage, is prohibited in the Criminal Code because abortion is regarded antithetical to natural law and cannot be ethically justified in Greek and Roman law. The Health Law is permitted under the condition that there is an indication of a medical emergency and because the pregnancy is caused by rape, taking into account the good name of a woman or her family, if the pregnancy is caused by rape and can cause psychological trauma to the rape victim, including for the victim's unborn child. Nevertheless, the provisions in the health law do not provide legal certainty that the time limit for performing abortions on rape victims is six weeks/forty days from the first day of menstruation; this time is deemed insufficient to provide protection for victims due to the limited time required to obtain consent to allow abortions or not.
17
Niczyporuk, Piotr. "The Recognition of Pregnancy (inspectio ventris) As a Means of Protection of the Interests of an Unborn Child in the Roman Law." Miscellanea Historico-Iuridica 9 (2010): 29–40. http://dx.doi.org/10.15290/mhi.2010.09.03.
Full text
18
Bohlander, Michael. "Of Shipwrecked Sailors, Unborn Children, Conjoined Twins and Hijacked Airplanes—Taking Human Life and the Defence of Necessity." Journal of Criminal Law 70, no. 2 (April 2006): 147–61. http://dx.doi.org/10.1350/jcla.2006.70.2.147.
Full textAbstract:
Necessity is not a defence to murder. This principle has been repeated ever since R v Dudley and Stephens. Behind the arguments put forward in the debate lie the sanctity of life, the idea that one could not weigh one life against another, the question as to who should be the one to make that decision and that life as such was the highest good. But is that really true? Has English law not subscribed already to the idea that it may be permissible to take a human life in situations that are commonly classified as duress, duress of circumstances or necessity? This article traces the development of areas of law where necessity arguments and balancing exercises play a role in the decision about the taking of human life, but which are not usually looked at in depth when arguments about necessity are exchanged.
19
Bellavitis, Anna. "“Et vedoando sia donna et madonna”: Guardianship and Remarriage in Sixteenth-Century Venice." Fund og Forskning i Det Kongelige Biblioteks Samlinger 44 (October 14, 2005): 1–9. http://dx.doi.org/10.7146/fof.v44i3.133002.
Full textAbstract:
Widowhood and GuardianshipThe Roman law was very clear: widows couldn’t have guardianship of their minor children, because, according to Yan Thomas’ interpretation, the juridical capacity of women was limited to their own person. In fact, in most cases, Roman widows or divorced women kept their children with them, to bring them up and to educate them, but there was always a male guardian, to whom accounts could be asked.
20
Hoshko, Tetiana. "THE VISION OF THE CHILDHOOD IN THE CODES OF THE URBAN LAW IN THE RZECZPOSPOLITA IN XVI - EARLY XVII CENTURY." City History, Culture, Society, no. 4 (November 7, 2018): 37–56. http://dx.doi.org/10.15407/mics2019.04.037.
Full textAbstract:
As the people of the Middle Ages thought in symbolic categories, this symbolism was imposed on the notion of human life. In Europe, it had a distinct Christian colouration and was associated with the symbolism of numbers. This was reflected as well in the idea of the stages of human life, the number of which ranged from three to seven. Childhood, which was the first in this scheme, lasted from birth to adolescence, that is until reaching puberty. For the medieval people who thought concretely, just tangible things were important. It is not surprising, therefore, that the notion of attaining adulthood was not so much based on the formal number of years as on the real external physiological features. However, over time, such a ‘visual’ determination of the age of the personrecedes into the background.Childhood has been linked to a guardianship that has received much attention in the city law codes of the early modern period. Anyone who could not manage their lives and property could count on it.In the Middle Ages, childhood had no place, and until the 12th century, children were hardly depicted. The appearance of the post-mortem images of children in the 16th century was evidence of a change in the emotional attitude to them. This change was reflected in the city law codes of the late 16th century. They protected the right of a child to life and property, even of the unborn or born but not survived child. The born and baptized child was already a complete person with soul and likeness of God.The German town law protected children from too severe punishment, first of all from execution. It was believed that before reaching a certain age the children were unconscious creatures, so they could not deliberately commit crimes. And punishment to death was unacceptable for unconscious wrongdoing. The city law codes in the Polish-Lithuanian Commonwealth of 16th and early 17th centuries reflected the evolution of ideas about childhood from the late Middle Ages to the early modern era. Although they refer to the legal norms of previous epochs, they contain many provisions which appeared under the influence of Humanism and the Reformation. As a result of deeper Christianization of morality at the turn of the Middle Ages and modern era, a new attitude to childhood appears, as to a special and important stage in human life. Therefore, as of the 16th century, there were special articles about children in legal codes. The city law begins to protect the interests of children by considering various aspects, in particular, the rights of the unborn but conceived child, of the children of ‘righteous bed’, orphans, etc., the children’s property interests, their lives and future.
21
Broughton, Fiona. "Are unborn children rights-holders under the United Nations Convention on the Rights of the Child?" Boolean: Snapshots of Doctoral Research at University College Cork, no. 2010 (January 1, 2010): 17–21. http://dx.doi.org/10.33178/boolean.2010.5.
Full textAbstract:
In September 1992, Ireland ratified the United Nations Convention on the Rights of the Child (CRC), committing itself to the promotion, protection and fulfilment of the rights of all children on a non-discriminatory basis as outlined in the Convention. But just who is a child under the wording of the CRC? Article 1 of the CRC defines the child as “every human being below the age of eighteen years, unless under the law applicable to that child majority is attained earlier”. So the CRC is clear on a maximum age limit for one to qualify as a ‘child’ and thus gain rights under the CRC. It makes no mention, however, of a minimum age limit for a human being to qualify as a ‘child’ under the Convention. Does a child gain rights under the Convention from the moment of his existence, i.e., immediately following conception, or from the moment of ...
22
Valongo, Alessia. "Human Rights and Reproductive Choices in the Case-law of Italian and European Courts." European Journal of Health Law 21, no. 2 (March 31, 2014): 123–40. http://dx.doi.org/10.1163/15718093-12341310.
Full textAbstract:
Abstract The major issues regarding human fertilisation and embryology are addressed in a comparative perspective and in the light of relevant rulings of the European Court for Human Rights: the relationship between artificial procreation and parental responsibilities, the legal nature of the unborn child, the human right to reproduce and to have a healthy child. The article focuses on the key data of the latest Italian regulation regarding assisted conception, especially compared with British law. Particular attention is paid to the contribution given by recent European decisions to the protection of new human rights. National and international judgements ensure the right to private life and to health that are not always guaranteed by law. Converging developments in case-law panorama make the right to have children, to responsible procreation, to information about medical treatments, much less disharmonic realities than the Member States legislation suggests.
23
Arjava, Antti. "Paternal Power in Late Antiquity." Journal of Roman Studies 88 (November 1998): 147–65. http://dx.doi.org/10.2307/300809.
Full textAbstract:
One of the most peculiar features of Roman law was the father's dominant position. In theory, he exercised an almost absolute authority, patria potestas, over his descendants until his own death. The uniqueness of their family system did not escape the Romans themselves. In his mid-second-century legal textbook Gaius explained:Item in potestate nostra sunt liberi nostri quos iustis nuptiis procreavimus. Quod ius proprium civium Romanorum est; fere enim nulli alii sunt homines, qui talem in filios suos habent potestatem, qualem nos habemus. Idque divus Hadrianus edicto, quod proposuit de his, qui sibi liberisque suis ab eo civitatem Romanam petebant, significavit. Nec me praeterit Galatarum gentem credere in potestate parentum liberos esse. (Inst. 1.55)Again, we have in our power our children, the offspring of a Roman law marriage. This right is one which only Roman citizens have; there are virtually no other peoples who have such power over their sons as we have over ours. This was made known by the emperor Hadrian in an edict which he issued concerning those who applied to him for Roman citizenship for themselves and their children. I have not forgotten that the Galatians believe that children are in the power of their parents. (Translated by W. M. Gordon and O. F. Robinson, The Institutes of Gaius (1988))This account immediately raises at least one fundamental question: If patria potestas was a distinctive feature of Roman society, how did the other peoples of the Empire react to it after the universal grant of the Roman citizenship in A.D. 212?
24
PRIDVOROV, NIKOLAI, and NELLI IVANOVA. "LEGAL STATUS OF ILLEGITIMATE CHILDREN IN THE RUSSIAN EMPIRE." Sociopolitical sciences 10, no. 3 (June 30, 2020): 181–85. http://dx.doi.org/10.33693/2223-0092-2020-10-3-181-185.
Full textAbstract:
The purpose of this article is a historical and legal analysis of the legal status of illegitimate children in the Russian Empire. The article analyzes the concept of "illegitimate" and traces its consolidation in the Russian legislation. The normative legal acts defining the legal status of illegitimate children are studied. The main features of the legal status of illegitimate children in the Russian Empire are shown. It is concluded that the ban on legalizing illegitimate children, dictated not only by the need to protect the class organization of society, but also by the need to strengthen moral principles in society, contributed to the emergence of phenomena in Russian society that are directly opposite to morality and the law. It is noted that some changes aimed at the possibility of legalizing unborn children, as well as improving their situation by the beginning of the XX century were due to the democratization and humanization of legislation under the influence of socio-political struggle, the activity of mass movements, educational activities. The methodological basis of the work consists of dialectical-materialistic, historical, formal-legal, concrete-sociological methods.
25
Thuy, Ha Le, Hoang Thi Hai Yen, and Nguyen Quang Bao. "Fetus Trafficking in Viet Nam – The New Criminal Method of Human Trafficking." International Journal of Criminology and Sociology 10 (December 23, 2021): 1594–603. http://dx.doi.org/10.6000/1929-4409.2021.10.182.
Full textAbstract:
When it comes to basic rights of the fetus, including the right to life, theoretical studies around the world on human rights of the fetus still have not reached an agreement on approaches and explanation. Criminal law at the international and national levels still leaves the possibility of protecting the unborn child. Viet Nam’s criminal law is no exception to this trend. In addition, Viet Nam is currently facing human trafficking with new methods and tricks. Children are bought and paid for while still in the womb, then born abroad and given to traffickers. Children are only protected by criminal law for human trafficking if they are born, alive, and detected by the authorities. While the act of trafficking in fetuses is often easily detected by the authorities right from the stage of purchasing and paying, it is not feasible to prosecute this act for human trafficking under the criminal law of Viet Nam. This reduces the criminal law’s ability to suppress crime, at the same time, leaves many fetuses unprotected. Should criminal law be left outside the legal mechanism to protect children while in the fetal stage? This article suggests considering fetus trafficking as a form of human trafficking and to criminalize fetus trafficking. Criminal law should recognize fetus trafficking as a sign of crime or an early stage in the criminal process of human trafficking, because children need special care and protection, including appropriate legal protection before and after birth, due to their physical and mental immaturity.
26
Deng, Yuying. "Analysis Of Abortion Legislation from The Perspective Of "Good Law" And "Bad Law"." Journal of Education, Humanities and Social Sciences 28 (April 1, 2024): 354–60. http://dx.doi.org/10.54097/7jtvva44.
Full textAbstract:
This comprehensive analysis delves into the intricate landscape of abortion legislation, examining it through the contrasting perspectives of "Good Law" and "Bad Law." It embarks on a philosophical journey, dissecting the very nature of legal systems and challenging the notion of whether "bad law" can legitimately be considered as law. Abortion, a contentious and emotionally charged issue, serves as the focal point for this exploration, allowing for a nuanced examination of the implications arising from imperfect and inconsistent legislation. The study commences by unraveling the age-old debate between natural law principles and legal positivism, akin to the timeless enigma of Goldbach's Conjecture in legal philosophy. This debate, poised to persist indefinitely, forms the backdrop against which abortion legislation is scrutinized. It navigates the intricate labyrinth of abortion laws worldwide, revealing the inherent imperfections and incompleteness of titles such as the United States' varied state regulations. Some states still enforce outright abortion bans, but this raises poignant questions about whether such bans are conducive to the well-being of unborn children, their readiness to face the external world, and the suitability of prospective parents. This analysis underscores the pivotal role of law in evolving societies and advocates for legal frameworks that adapt, strengthen, and align with the dynamic values, attitudes, and circumstances of a world in flux. It ultimately champions the cause of "Good Law" by emphasizing the necessity of enhanced abortion legislation that respects individual rights, societal needs, and cultural nuances.
27
Mazurkiewicz, Jacek. "W poszukiwaniu pola współpracy badawczej adwersarzy. Prawne aspekty alkoholowych uszkodzeń płodu." Przegląd Sejmowy 1(168) (2022): 103–17. http://dx.doi.org/10.31268/ps.2022.88.
Full textAbstract:
Disputes and even conflicts regarding the legal situation of the fetus (unborn child) justify the need for debate also among lawyers. Apart from the areas of extreme controversy, there are also such areas where research cooperation seems possible. The fate of children affected by fetal alcohol spectrum disorders is one that should be of concern to all. The paper outlines the medical, economic and social context of FASDs. Against this background, the legal aspects of these damages are presented through the prism of Polish criminal, civil and administrative law, including draft legal solutions. The author justifies the thesis on the need to use non-penal legal instruments to counteract the causes of FASDs, in order to complement educational, informational and support activities undertaken for the same purpose.
28
Golts, Edgars. "PRESUMPTION OF INNOCENCE OF LEGAL PERSONS." Administrative and Criminal Justice 4, no. 77 (December 31, 2016): 26. http://dx.doi.org/10.17770/acj.v4i77.2875.
Full textAbstract:
There is a link between a presumption of innocence and the right to a fair trial. The rights of a legal person, to be regarded as innocent, protection is ensured by the guarantees in law. The Court of Justice has recognized that the right to the presumption of innocence, the legal persons does not apply in the same way as natural persons. The Constitution reinforces the presumption of innocence is to be subject to the right to a fair trial arising from the principle of justice. The Constitution stipulates that the rights of the person may be limited to the benefit of the public, but not the right to the presumption of innocence. In the article the author expresses the conviction, nowadays, the development of such rights, – the environment, animal, unborn children, deceased persons and other types of law; it is obvious that, on the basis of an equity principle, human rights are extended translated and applied. Justice fully embraces the principles of equality law, which allows concluding on the physical and legal persons to equality before the law and the courts.
29
Sirks, A. J. B. "Emanzipation als rite de passage." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 137, no. 1 (August 21, 2020): 331–41. http://dx.doi.org/10.1515/zrgr-2020-0017.
Full textAbstract:
AbstractEmanzipation as rite de passage. Formula Visigothica 34 (7th c.) describes an emancipation. The text suggests that sons of Romans had an expectation to be released in this way from the paternal power when they reached the age of majority. Emancipation was specifically dealt with in their law, the Lex Romana Visigothorum. Some of these do not figure in Justinian’s Code. They might fit the gap, otherwise filled by excerpts from the Theodosian Code, which, however, C. 8,48,6 of 531 would have made outdated. Form. 34 treats the emancipation as a rite de passage. As such it would have accommodated those peoples, made Roman in 212, whose children normally reached majority at a certain age but now were subjected to the Roman patria potestas-system. In this way the old situation would be restored within the Roman setting. Two Theodosian constitutions indicate indeed such a general use.
30
Greene, Elizabeth M. "Conubium cum uxoribus: wives and children in the Roman military diplomas." Journal of Roman Archaeology 28 (2015): 125–59. http://dx.doi.org/10.1017/s1047759415002433.
Full textAbstract:
For at least the first two centuries of empire, marriage for most soldiers during their years of active service was legally banned by the state. It is equally clear that the law forbidding iustum matrimonium did not stop some auxiliary soldiers from forming de facto relationships and creating families whilst in service. In some cases, families will have traveled with soldiers who were in service. Whether they dwelt within the forts or in extramural settlements, family members formed an integral part of the military community.
31
Olga Sitarz and Michał Grudecki. "The Rational Limits of the Criminalization of Abortion – Legal and Social Consequences of the Restrictive Approach." Medicine, Law & Society 15, no. 1 (April 26, 2022): 25–46. http://dx.doi.org/10.18690/mls.15.1.25-46.2022.
Full textAbstract:
This article aims to analyze a proposed amendment of 2021 to the Polish Criminal Code relating to abortion. The starting point for the considered legal solutions is the equalization of criminal law protection of human life before and after birth. This means that a termination of pregnancy is to be regarded as homicide, with all its attendant consequences. This article analyzes the legal implications arising from the proposed amendments both in relation to pregnant women and other persons (doctors, relatives and even employers of pregnant women). The far-reaching repressiveness of the future anti-abortion law that is rarely found in the modern world is demonstrated. The analysis is complemented with an attempt to diagnose the social consequences of the proposed amendments using historical and criminological texts concerning such situations in the past, as well as on the basis of sociological observations of current social trends. The authors believe that the proposed law will prove to be ineffective, and children (including unborn ones) will be maleficiaries rather than beneficiaries of the amendments in question.
32
Colakova, Dita. "Pravni položaj žene u rimskom naslednom pravu." Vesnik pravne istorije 2, no. 2 (December 31, 2021): 27–52. http://dx.doi.org/10.51204/hlh_21202a.
Full textAbstract:
This paper deals with some issues concerning the position of women in the Roman law of succession. It provides an analysis of Paulus’s fragment D. 5. 2. 28. regarding a testament of a mother who under a mistaken assumption of her son’s death appointed other heirs; it raises a series of questions, especially since when and under what circumstances could a woman have drawn up a will, what were the inheritance claims of children based solely on cognatic kinship etc. The aim is to explore to what extent did the rights and duties of women differ from those of men in the examined aspects of classical Roman law.
33
Cholili, Rafika Nur, Septi Wulandari, and Sri Kasiami. "Peran Stakeholder dalam Pencegahan Kekerasan Anak dan Pelecehan Seksual di Kabupaten Bojonegoro." Reslaj : Religion Education Social Laa Roiba Journal 6, no. 3 (December 28, 2023): 2109–19. http://dx.doi.org/10.47467/reslaj.v6i3.5964.
Full textAbstract:
Based on law NO. 35 0f 2024 a child is defined as someone who has not reached the agae of 18 years including unborn children. Children are also vulnerable to suffering physically, xsexually, mentally, and psycholgicallay because they are considered one of the groups that are easily victimized. According to a meta analysis the prevalence of Child Sexual Harrasement (CSA) in research from 24 countries is between 8 out of 31% of girls and 3 out of 17% of boys. This research aims to explain stakeholder involvement in mitigating violence and sexual harassment against children in Bojonegoro regency. Researchers investigate the significant issue of sexual violence and harassment targeting children and women. Researchers hope that this research will serve as a valuable resource for educational materials and as a reference for understanding and implementing sexual harassment and violence mitigation strategies. This research utilizes primary and secondary data sources. Using purposive sampling technique in selecting sources women and children Protection Empowerment Services as policy creator, Bojonegoro Regency PPA unit police and Genre Personnel as coordinators, facilitators, implementers, and accelerators. However all stakeholder are not working well in mitigating cases of violence and sexual harrasement in Bojonegoro Regency. Therefore interests are still not optimal in preventing violence and sexual harassment in Bojonegoro Regency.
34
Isola, Lisa. "Saturnina verkauft ihre Kinder." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte: Romanistische Abteilung 136, no. 1 (June 26, 2019): 111–39. http://dx.doi.org/10.1515/zrgr-2019-0006.
Full textAbstract:
Abstract Saturnina sells her children. There is only one source on the sale of one's own freeborn children from classical times: a rescript of Caracalla in C. 7,16,1. Given the fact that the inquiry was most probably made by a woman – Saturnina –, it is unlikely that one can use this text for a study of the paternal ius vendendi in Roman law, as it has happened in the past. The following article will focus on the textual tradition, especially of the inscriptio, but will develop arguments regarding the content of this text as well.
35
Jurewicz, Aldona Rita, and Konrad Tadajczyk. "Tabula Banasitana Tekst – tłumaczenie – komentarz." Miscellanea Historico-Iuridica 22, no. 1 (2023): 391–417. http://dx.doi.org/10.15290/mhi.2023.22.01.15.
Full textAbstract:
The Roman Empire entered a period of rapid romanization of the Roman provinces in the 2nd century AD. This also took place, with varying intensity, in African provinces. An expression of this was the granting of Roman citizenship to the leaders of indigenous tribes. The document called Tabula Banasitana, an epigraphic find discovered in the 20th century at the site of the ancient civitas Banasa, documents the process of granting Roman law to the leaders of the Zegrenses tribe and their families. The Roman ius civile was granted to them with the preservation of the rights of their people and without exemptions from public burdens. The author analyzes three documents engraved as an inscription known as Tabula Banasitana, concerning the romanization of the province Mauretania Tingitana. The article describes the process of the gradual incorporation of the North-West African tribal leaders into the structures of the Roman province of Mauretania. Sometimes members of the local elites were granted the status of Roman citizen by the Roman authorities, even though they retained all privileges derived from native law. Through this balanced social policy, Rome was able to keep the peace in frontier areas of the Empire, which were threatened by conflicts with neighbors or, as in this case, nomadic tribes. This form of Roman citizenship was limited – the nature and extent of the restrictions depended on the relationship between the person receiving citizenship and the local community or the Empire’s fiscal interests (for example new citizens were not relieved of obligations like tributum or vectigal). Citizenship was usually granted viritim, but sometimes – as Tabula Bansitana shows – members of the newly minted citizen’s family (wife and children) also received the privilege.
36
Cox, Noel. "Property law and Imperial and British titles: the Dukes of Marlborough and the Principality of Mindelheim." Tijdschrift voor Rechtsgeschiedenis / Revue d'Histoire du Droit / The Legal History Review 77, no. 1-2 (2009): 191–210. http://dx.doi.org/10.1163/004075809x403433.
Full textAbstract:
AbstractThe title of prince of the Holy Roman Empire was conferred in 1704 upon all the children heirs and lawful descendants, male and female, of John Churchill, the first duke of Marlborough. The title of prince of Mindelheim was granted in 1705 to all male descendants and daughters of the first duke. But following the Treaty of Utrecht in 1713 and the Treaty of Rastatt in 1714 the principality passed to Bavaria. The right of the dukes of Marlborough to use the style and title was thus lost, and any residual rights would have expired in 1722 on the death of the duke, as they could not pass to a daughter (unlike his British titles). Despite this it is still common practice to describe the Duke of Marlborough as a Prince of the Holy Roman Empire and Prince of Mindelheim. This paper considers the differences in the treatment of the descent of the British and imperial titles.
37
Völgyesi, Levente. "A házassági javak megjelenése a Corpus Iuris Canoniciben." DÍKÉ 6, no. 1 (December 28, 2022): 50–56. http://dx.doi.org/10.15170/dike.2022.06.01.04.
Full textAbstract:
For a long time, the regulation of marriage law in a unified system was not realized. In the late Middle Ages, canon law regulated the most important elements of marriage in systematic collections. The goods of the marriage were primarily contained in the Decretum Gratiani and the Liber extra. These goods were: fidelity, indissolubility, birth and care of children, sacramental character. Marriage law had four layers: ius naturalis, Holy Scripture, Roman law and canon law. Later, there was a unified regulation both in the field of Catholic dogmatics and canon law (Catechism (1566, 1992) and Corpus Iuris Canonici (1917, 1983).
38
Shaffer, Thomas L. "Roman Catholic Lawyers in the United States of America." Journal of Law and Religion 21, no. 2 (2006): 305–13. http://dx.doi.org/10.1017/s0748081400005634.
Full textAbstract:
My agenda here is Roman Catholics in the American legal profession, from George Higgins's Jerry Kennedy to Judge Samuel Alito's joining the four other Catholics to make a majority on the federal Supreme Court. (I thought, as I said this in Washington, just before the Senate confirmation hearings in January 2006, that some in attendance may not have thought about this, and may have wanted to leap to their feet and phone their senators.)Begin with ethnographic narrowing: When I talk about Catholic lawyers in the U.S., I mean to talk about descendants of the late immigrants—that is, people whose ancestors came here between the end of the Civil War and the end of World War I, when Congress stifled European immigration. I am talking, closer to home, about the twenty-five or thirty American law schools that were set up to provide vertical mobility to the children and grandchildren of the late immigrants. There were, to be sure, Catholic lawyers in this country before the late immigrants and the Catholic law schools. Roger Taney was a Catholic, although we don't brag about him much. Lord Baltimore no doubt had a few Catholic lawyers in tow when the Carrolls and the Calverts came to Maryland in 1734. But the immigrants and the Catholic law schools have provided most of the numbers; they are at the heart of the lawyers I am thinking about here. “A people within a people,” as David Gregory puts it.
39
Maroń, Grzegorz. "PUBLICZNE PROTESTY ANTYABORCYJNE W ŚWIETLE ORZECZNICTWA SĄDÓW KANADYJSKICH." Zeszyty Prawnicze 16, no. 3 (December 10, 2016): 97. http://dx.doi.org/10.21697/zp.2016.16.3.05.
Full textAbstract:
Public Pro-life Protests in Canadian Case Law Summary The article deals with the legal standards applied in public anti-abortion protests in Canada. On the basis of an examination of Canadian case law, the author argues that the restrictions on pro-life protests are disproportionate with respect to the objective of ensuring safe access to women’s reproductive rights. The Access to Abortion Services Act and court injunctions are preventing pro-lifers from demonstrating in the vicinity of abortion clinics in defence of the right to life of unborn children. The degree to which pro-lifers’ constitutional freedom of speech is being infringed is in breach of the principles of the liberal state. The right to express opposition to abortion is also limited, although to a lesser extent, in other public places, such as street pavements and squares, university campuses and airport terminals. In the author’s view, imprisonment as the penalty for peaceful protest against the Canadian abortion law – for example, Linda Gibbons spent a total of over 10 years in prison for her pro-life activities! – is inherently incompatible with the essence of a “free and democratic society” as defined in Article 1 of the Canadian Charter of Rights and Freedoms.
40
Schissel, Bernard. "Ill Health and Discrimination: The Double Jeopardy for Youth in Punitive Justice Systems." International Journal of Child, Youth and Family Studies 1, no. 2 (May 10, 2010): 157. http://dx.doi.org/10.18357/ijcyfs122010673.
Full textAbstract:
<span style="font-size: 12pt; font-family: ";Times New Roman";,";serif";; mso-ansi-language: EN-US; mso-fareast-font-family: 'Times New Roman'; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;" lang="EN-US">The author argues that<span style="color: black;"> despite the rhetoric of Canada’s youth justice system framework, there is a striking lack of funding for, or commitment to, alternatives to formal justice when dealing with marginalized young people. One consequence of this is an epidemic of ill health, both physical and emotional, among at-risk youth. It is this reality, not criminality, that is the defining characteristic of this vulnerable population. To underline this point, the author presents his research on marginalized Aboriginal youth, and notes that the public perception of young people in conflict with the legal system is defined by fear and hostility rather than sympathy. He also discusses examples of micro-communities that understand the epidemic of ill health plaguing marginalized youth and that provide an antidote to the condemnation of children and youth in the larger society. </span></span><span style="font-size: 12pt; color: black; font-family: ";Times New Roman";,";serif";; mso-ansi-language: EN-GB; mso-fareast-font-family: 'Times New Roman'; mso-fareast-language: EN-US; mso-bidi-language: AR-SA;" lang="EN-GB">He notes that for children and youth, involvement with the law is a profound individual and collective health risk and argues against conservative law and order politics. He emphasizes the importance of research driven intervention, crime prevention and alternatives to the criminal justice system. </span>
41
Blicharz, Grzegorz J. "Consumers as Unassisted Minors: Asymmetrical Sanction for Unfair Contract Terms." Laws 11, no. 6 (November 29, 2022): 87. http://dx.doi.org/10.3390/laws11060087.
Full textAbstract:
The consumer distance contract regulated within the European Union was compared to the Roman law solution known by its medieval name as negotium claudicans, thus to the contract with unassisted pupilli (children under the age of puberty, i.e., minors). This article builds on this comparison and applies it to yet another EU directive which follows even more closely the idea to interfere with the binding nature of contractual terms. The recent case law of the CJEU regarding the sanction enclosed in the Article 6(1) of Directive 93/13/EEC, its implementation into national laws, and the standpoints of various legal doctrines especially in Polish law inspire to ask about the nature of sanction for unfair contract terms and its importance for the modern discussion on the typology of nullity. The paper tries to answer these questions by marrying solutions applied in different times and contexts. It compares the EU sanction with the Roman law of contracts with unassisted minors and with its legacy in European and South African law. Both examples, according to us, are related by the similar nature of the sanctions which bear strikingly similar characteristics: they are asymmetrical and escape the modern typologies of nullity.
42
Martin, Dale B. "The Construction of the Ancient Family: Methodological Considerations." Journal of Roman Studies 86 (November 1996): 40–60. http://dx.doi.org/10.2307/300422.
Full textAbstract:
A remarkable new consensus, recognized even by its critics, has emerged among classical historians that ‘the normal Roman family seems to have been a “nuclear family” like our own’. The consensus is remarkable because practically all historians who support it admit that the portrait of the Roman family that emerges from many literary accounts and is enshrined in Roman law and language is nothing like the modern nuclear family. Saller demonstrates that the Romans had no term equivalent to ‘family’ in the modern sense, that is, the father-mother-children triad of the ‘nuclear family’. The English word ‘family’ has almost no relation to Roman concepts of familia and domus. As Saller explains, ‘Domus was used with regard to household and kinship to mean the physical house, the household including family and slaves, the broad kinship group including agnates and cognates, ancestors and descendants, and the patrimony’. The Latin familia, while usually narrower in reference than domus, also had little relation to anything meant by the English ‘family’.
43
Niczyporuk, Piotr, and Piotr Kołodko. "Legal Consequences of the Prohibition on Widows’ Remarriage in Roman Law." Zeszyty Prawnicze 18, no. 3 (November 16, 2018): 151–77. http://dx.doi.org/10.21697/zp.2018.18.3.06.
Full textAbstract:
In the archaic period violations of the prohibition relating to mourning was regarded as a nefas and hence subject to penalisation under religious law. A widow guilty of an infringement was required to make an expiatory sacrifce known as a piaculum, viz. a bovis feta. This religious and customary practice underwent a series of transformations and eventually became a law (ius). In the pre-classical period the prohibition on the remarriage of widows in the period of mourning was perceived primarily as subject to penalties laid down by civil law. This was due to the question of the paternity of any offspring such a widow might bear in the tempus lugendi. The edictum perpetuum names the persons who were liable to infamy if they committed a breach of the prohibition on the remarriage of a widow within the period of mourning for her deceased husband. Such persons could neither engage in postulare pro aliis nor act as a procurator or cognitor. One of the consequences of a sentence of praetorian infamy was the convicted person’s forfeiture of the right to appoint his or her plenipotentiaries for legal proceedings.The classical period brought fundamental changes in the law on remarriage. Nonetheless, even though Augustus encouraged citizens to remarry, yet his legal provisions left widows a certain period of time following the loss of their husband in which they could refrain from remarrying. The reason behind this legal arrangement was not so much mourning as such; it was rather a question of Augustus wanting to show his respect for univirae (women who had been married only once). Augustus kept in force the provisions that gave a bad reputation to people who violated the prohibition of widows’ remarriage. The significance and effectiveness of these regulations made them a subject for jurists’ commentary, on account of the need to avoid situations where the paternity of children born to widows was uncertain. The prohibition on the remarriage of widows also shows that the creators of these regulations wanted marriage to be contracted primarily for the purpose of procreation, which would ensure the continuation of Roman families, especially as regards the perpetuation of their sacra, nomina, and pecunia.
44
Schwartz, Joshua. "The Play’s the Thing: Toys in Ancient Jewish Society—Visualizing through the Words of the Rabbis." IMAGES 12, no. 1 (October 24, 2019): 7–19. http://dx.doi.org/10.1163/18718000-12340117.
Full textAbstract:
Abstract Everyone plays and that, of course, includes children. In an ideal world, there would be literary traditions, archaeological remains and artistic renditions, which would enable the reconstruction of toys. Unfortunately, the situation does not exist for ancient Jewish society. For the most part, there are depictions in rabbinic literature and it is those toy traditions which I examine. The study begins with those toys explicitly connected to halakhic issues, firstly with those traditions in which the toy is essential to the law and afterwards to those in which the toy is tangential to the law. The study then deals with those toys mentioned in a nonlegal rabbinic framework. Finally, I discuss toys that were popular in the Greco-Roman world but not mentioned in rabbinic literature. I seek to determine whether descriptions of toys in rabbinic literature and set within the broader Greco-Roman world are sufficient for visualization.
45
Nikulina, Viktoriya A. "Criminal law principles in the legends of ancient Rome." RUDN Journal of Law 26, no. 4 (December 15, 2022): 921–37. http://dx.doi.org/10.22363/2313-2337-2022-26-4-921-937.
Full textAbstract:
The description of the history of early Rome (VIII-IV centuries BC) in the works of ancient authors is usually perceived as a mythological legend, which shifts the focus of scientific discussion to assessing the degree of reliability of the events being told. As a result, the normative-value and legal significance of ancient legends sufficient attention of researchers. The oral and therefore naturally plastic nature of archaic law creates additional difficulties for its modern study, in contrast to numerous and well-studied legislative texts. The author proposes to refer to modern types of legal understanding and turn down strict positivism with the aim of expanding the boundaries of legal analysis, rethinking the legend (on the example of Lucius Junius Brutus), recognizing it as a source of Roman law, and reconstructing its criminal law content. For this purpose, using socio-psychological, historical-legal, formal-logical and other scientific methods, the author singles out that part of the story that was not lost, but was steadily reproduced from generation to generation. The surviving core of the legend remained in history because it carried socially significant information modeling of behavior (behavioral stereotypes) of the ancient Romans. The article shows that children`s execution by the first republican magistrate not only legitimized the right of paternal power (patria potestas), but also proclaimed the priority protection of the public interest (civitas) that became the cornerstone of the Roman legal order. The legend set a special imperative for citizens, shaped their worldview and sense of justice. From the criminal law standpoint, this precedent fixed the standard of both prohibited behavior and retribution for it, i.e., a measure of justice, broadcast the requirements of the inevitability and personal nature of responsibility, laid foundation for the requirement of legal equality of all citizens before the law. Ultimately, the legend set the vector for the development of Roman criminal law, which led to the formation of its principles, many of which are accepted and developed in modern legal systems.
46
Suparman, Maman. "Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah Kepada Istri yang Non Muslim Berdasarkan Putusan Mahkamah Agung Nomor 16k/Ag/2010." Hukum dan Demokrasi (HD) 23, no. 4 (September 28, 2023): 212–27. http://dx.doi.org/10.61234/hd.v23i4.34.
Full textAbstract:
The problem of Islamic inheritance law is very broad and complex, because it covers the scope of human life and society, from the problems of unborn children to death, so it is impossible to reveal the whole. In one family, if there are several adherents of different religions, namely some who are Muslims and some who are non-Muslims, of course problems will arise, especially problems involving inheritance if one of the family members dies. Regarding inheritance from different religions, Legal Compilation Islam (KHI) does not explicitly state that religious differences are a barrier to inheritance. According to the Fatwa of the Indonesian Ulema Council in number 2, that the gift of property between people of different religions can only be done by means of a gift, will or gift, however, if the heir during his lifetime does not provide the assets are in the form of bequests, wills or gifts, but the Fatwa does not regulate that heirs of different religions can be given the heir's inheritance by means of a Compulsory Will.
47
Suparman, Maman. "Pergeseran Hukum Kewarisan Islam di Indonesia dengan Pemberian Wasiat Wajibah Kepada Istri yang Non Muslim Berdasarkan Putusan Mahkamah Agung Nomor 16k/Ag/2010." Advokasi Hukum & Demokrasi (AHD) 1, no. 2 (September 6, 2023): 77–92. http://dx.doi.org/10.61234/ahd.v1i2.39.
Full textAbstract:
The problem of Islamic inheritance law is very broad and complex, because it covers the scope of human life and society, from the problems of unborn children to death, so it is impossible to reveal the whole. In one family, if there are several adherents of different religions, namely some who are Muslims and some who are non-Muslims, of course problems will arise, especially problems involving inheritance if one of the family members dies. Regarding inheritance from different religions, Legal Compilation Islam (KHI) does not explicitly state that religious differences are a barrier to inheritance. According to the Fatwa of the Indonesian Ulema Council in number 2, that the gift of property between people of different religions can only be done by means of a gift, will or gift, however, if the heir during his lifetime does not provide the assets are in the form of bequests, wills or gifts, but the Fatwa does not regulate that heirs of different religions can be given the heir's inheritance by means of a Compulsory Will.
48
Vasilevich, D. G. "Theoretical and applied problems of in vitro fertilization under the legislation of the Russian Federation and the Republic of Belarus." Juridical Journal of Samara University 9, no. 4 (December 30, 2023): 13–18. http://dx.doi.org/10.18287/2542-047x-2023-9-4-13-18.
Full textAbstract:
The article deals with the issues of realization of one of the reproductive rights – the use of in vitro fertilization. The right to have children is one of the fundamental constitutional rights. It is emphasized that the use of IVF is a forced measure for spouses (married couples), since it is not possible to conceive children naturally due to medical indications. The point of view that IVF as a result of biomedical advances is becoming more and more predominant; although to a lesser extent, there are voices that have children is a kind of duty to society. It is generally accepted that IVF should not be used to choose the sex of a child, or any of its physical characteristics. This emphasizes the value of the common good, rather than the priority of an individual subject’s choice. The deliberate choice of the sex of an unborn child is a pathway to pernicious gender imbalance. In the context of the moral status of the human embryo, it is recognized that raising an embryo for more than 14 days and then destroying it is ethically unacceptable. Attention is drawn to the disputes arising in practice concerning the possible use of IVF, including after the dissolution of a marriage. Proposals are made to improve civil and other legislation and law enforcement practice. In particular, to provide that heirs under the will and the law may include citizens conceived in accordance with an agreement between a woman and a man to use his biomaterial for in vitro fertilization within six months after his death and born alive after the opening of the inheritance. Free storage of gametes must be provided to law enforcement officers, professional servicemen and servicemen performing duty in «hot spots», employees of the Ministry of Emergency Situations, etc., provided that they do not yet have children. In other cases, they can be kept for a fee.
49
Biały, Stanisław. "Fixed Elements in the Promotion of Sacramental Marriage and Catholic Family. Analysis in the Light of the 1983 Code of Canon Law." Teka Komisji Prawniczej PAN Oddział w Lublinie 16, no. 1 (June 30, 2023): 5–19. http://dx.doi.org/10.32084/tkp.5369.
Full textAbstract:
The analysis covers the main determinants of the legal doctrine of the Roman Catholic Church that pertain to the dignity and greatness of matrimonial vocation and the Catholic family. They are: a) establishment of a deep communion of the married couple and family life on the sacrament (i.e. covenant); b) the generous procreation and upbringing of children in the Roman Catholic faith. They are based on the incorporation of this family into the same Church, as well as on respecting her laws, which integrates the community of faith on the way to salvation. Hence, the 1983 Code of Canon Law contains a system of requirements (i.e. the so-called obstacles, as well as powers or indications) to protect marriage and exclude situations in which the interest of the Catholic faith or of prospective spouses would be threatened.
50
Curtin, Deirdre M. "Case C-159/90, The Society for the Protection of Unborn Children Ireland Ltd v. Grogan, Judgment of 4 October 1991." Common Market Law Review 29, Issue 3 (June 1, 1992): 585–603. http://dx.doi.org/10.54648/cola1992033.
Full text