Livres sur le sujet « Legal knowledge representation »

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams, and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter discusses the offence of fraud under the Fraud Act 2006. There are three ways in which fraud may be committed. Section 2 of the Fraud Act 2006 provides for fraud by false representation; s.3 provides for fraud by failing to disclose information; and s.4 provides for fraud by abuse of a position of financial trust. Dishonesty is common to all three of these ways of committing fraud. The defendant must intend, by making the representation, to make a gain for himself or another, or to cause loss to another, or to expose another to a risk of loss.

During the central and late Middle Ages, European lawmakers and jurists began to make intensive use of the principles of both Roman and canon law in their legislation and court decisions. Embedded in these legal principles were ideas about gender that would have a profound effect on litigation involving women. The substantive law that emerged during this legal renaissance helped to define women's place in medieval society, but equally important were the new law's procedural rules, which allowed reputation to be taken into account in legal proceedings, thereby rendering women's self-representation critical in determining the outcomes of their court cases. An examination the interaction of learned law and community knowledge encourages us to see medieval women as active participants in their own fates, as well as in a major shift in legal culture that would shape European women's legal status more generally.

Law as a social process carried out by human beings is a stimulating object of investigation for those who would like to analyse social cognition and knowledge production processes. Humans acquire and form their knowledge through cognitive processes and in turn form a representation of reality by processing and using this knowledge through different mental channels. To better conceive the invisible frames within which international law moves and performs, we must understand how psychological and socio-cultural factors can affect decision-making in an international legal process, identify the groups of people and institutions that may shape and alter the prevailing discourse in international law at any given time, and unearth the hidden meaning of the various mythologies that populate and influence our normative world. Through illustrations across different areas of international law and insights from various fields of knowledge, this book seeks to investigate the mechanisms that allow us to apprehend and intellectually represent the social practice of international law, to unveil the hidden or often unnoticed processes by which our understanding of international law is formed, and to make us unlearn some of the presuppositions that activate automatic cognitive processes and inform our largely unquestioned beliefs about international law.

This chapter continues the discussion on consuls from the previous, this time focusing on access to consuls and consular protection. For many States there has in recent years been enormous growth in the demand for consular protection as businesses increasingly set up subsidiaries and branches overseas and individuals travel abroad. National laws vary greatly not only on such obvious matters as dress and the public consumption of alcohol but also on driving and road safety, photography of sites of cultural or security interest, and entitlement to social benefits and to police protection. In consequence, it is easy for the unwary traveller to contravene local laws and to be arrested and detained in police custody without knowledge even of the language, far less of how to secure the services of an interpreter or competent legal representation. Hence assistance from a consular staff becomes necessary.

Abstract Much of antitrust law scholarship has focused on substantive legal issues — theories of harm and changing law and policy. Surprisingly, there has been very little work — and to our knowledge no book-length work that is comparative — on a fundamental element that is a critical building block to effective policy, procedural fairness. Procedural fairness encompasses issues of transparency and due process. Procedural fairness has been an important issue in global antitrust for some time. The types of due process concerns raised globally often relate to the lack of effective representation, the use of industrial policy by third parties, and procedural tools that do not allow for the most effective advocacy to lead to efficient outcomes. This book focuses on these issues and teases out common problems and distinct issues in particular jurisdictions, allowing for a rethink of creating a more effective system for procedural fairness, and explores these issues in each jurisdiction, along with highlights of particular cases in which due process issues have emerged.

The role of narratives in legal contexts has been explored in multidisciplinary research for several decades. A common claim in this research is that the understanding of narratives is crucial to the understanding of any legal process, especially to most representations of the facts in a criminal case. It seems justified to say that law’s cultural foundations and presuppositions are always in some way or another manifested in its narratives and acts of narration. The research conducted within the field of law and narrative helps to expand our knowledge of the multiple ways in which legal thinking and decision-making rely on narrative, in both senses of the term. It also enhances our understanding of how narratives are put to use as rhetorical tools, both in the courtroom and in the court’s written judgments. The contributions to this volume present the field of law and narrative as it exists today and expand the area of inquest into fields like text linguistics, speech act theories, ordinary language theory, public international law, artificial intelligence and various media transformations of law stories.

This chapter addresses issues central to comparative constitutional law’s epistemological and methodological domain. First, the possibility of comparisons of constitutional law and institutions across time and space, notably between “universalists,” who emphasize common elements of legal (and constitutional) systems across time and place, and “particularists” who emphasize the unique nature of any given legal (and constitutional) system. “Third way” alternatives such as constitutional pluralism are also examined. Second, the “global south” critique in comparative constitutional law, or how truly “comparative,” universal, or generalizable are the lessons of a body of knowledge that draws almost exclusively on a small—not necessarily representative—set of frequently studied jurisdictions and court rulings to advance what is portrayed as generic and universally applicable prescriptions. The global south critique poses major challenges to contemporary comparative constitutional inquiry but has its own analytical challenges. Examples include South Africa, India, and the European Court of Human Rights.

The Oxford Handbook of the History of Crime and Criminal Justicebrings together researchers who work on crime and criminal justice in the past with an emphasis on the interaction between history and social sciences. Although working on similar subject matters historians and social scientists are often motivated by different intellectual concerns. Historians seek knowledge about crime and criminal justice to better understand the past. In contrast, social scientists draw on past experiences to build sociological, criminological, or socio-legal knowledge. Nevertheless, researchers from both fields have a shared interest in social theory, in the use of social science techniques for analysis, and in a critical outlook in examining perceptions of the past that shape popular myths and justify criminal justice policies in the present. TheHandbookis intended as a guide for both current researchers and newcomers to orient themselves on key aspects of current research from both fields. TheHandbookincludes thirty-four essays covering theory and methods; forms of crime; crime, gender, and ethnicities; cultural representations of crime; the rise of criminology; law enforcement and policing; law, courts, and criminal justice; and punishment and prisons. The essays concentrate on the Atlantic world, particularly Europe and the United States, during the eighteenth, nineteenth, and twentieth centuries. All of the authors situate their topic within the wider historiography.

All Is Well attempts to answer one of the most urgent questions of our time: What is the relationship between modern states and the disasters they claim to manage? Disasters are commonly understood as exceptional occurrences that ruin societies and inspire ad hoc rituals of legal, administrative, and scientific control called “disaster management.” States and the international institutions perform disaster management to protect society. The book challenges this traditional narrative. It interprets “disaster management” as a historical struggle to conservate the existence and experience of catastrophes and produce idealized authorities capable of protecting society from uncertainty. It examines the emergence of this struggle in the eighteenth century and reveals how rulers and experts struggling to master God, nature, and each other inaugurated modern meanings of risk, normalcy, power, and responsibility. By recovering this history of disaster management, the book reveals underlying knowledge structures and political economies that smuggle the unspoken costs of modernity inside the rationalized representation of past catastrophes and future risks. Catastrophes, put bluntly, are not occurrences. They are inventions. Even in their most destructive forms, catastrophes are the stigmata through which the modern state renews itself. The book develops this argument by examining the Marseille plague (1720), the Lisbon earthquake (1755), and the Bengal famine (1770) and showing how eighteenth-century beliefs reverberate in structure and policies of “global” disaster management today. It concludes that climate change and the national and international authorities designed to fight it are products of three centuries of disaster management, and civilizational survival depends on reckoning with this past.

Focusing on patterns of intimacy, this book traces the historical roots of parenting practices and familial patterns constructed by lesbians and same-sex attracted women living in Britain and Australia between 1945 and 2000. It foregrounds women’s unique lived experiences, as they expressed desire, fell in love, and created families against the backdrop of changing cultural, legal, and medical attitudes to female same-sex desire in the late 20th century. Including almost 100 original oral history interviews conducted by the author, Lesbian Intimacies and Family Life reveals the subjective histories of lesbian intimacy during the period, both highlighting the huge variety in women’s experiences, and tracing shifting patterns of relationship and family formation. Combined with analysis of representations of lesbian intimacy in literature, press articles, medical texts, and archival material, the book demonstrates the ways in which changing political and cultural concepts of sexuality impacted on individual and collective attitudes. With a unique transnational perspective, Jennings uncovers how feminist and lesbian networks between Britain and Australia promoted knowledge sharing and helped foster change in the familial practices of each country – such as through the adoption of reproductive technologies and alternate routes into motherhood. Through considering the rise of divorce and challenges to traditional marriage practices in the period, this book highlights how lesbian relationships provided alternative models of interpersonal relations, impacting on broader patterns of sexuality, and helping redefine notions of the family in the modern era.

On 17 December, 2021 the fifth applied research conference “Khmyrov Criminalistic Readings” was held in the premises of Kuban State University with participation of academic staff from the Russian Federation, near and far-abroad countries – Belarus, Kazakhstan, Tajikistan, Azerbaijan, Poland, Lithuania, on the occasion of the 45th anniversary of the establishment of the Criminalistics and Legal Informatics Department. The 2021 conference was one of the most representative in the history of this event. More than 100 applications from scholars all over the world were submitted to participate in the Conference. The Organising and Programme Committees of the Conference included representatives of the Police Academy of the Ministry of Internal Affairs of the Republic of Azerbaijan (Baku, Azerbaijan), Almaty Academy of the Ministry of Internal Affairs of the Republic of Kazakhstan (Almaty, Kazakhstan), Baikal State University (Irkutsk, Russia), Immanuel Kant Baltic Federal University (Kaliningrad, Russia), Belarusian State University (Minsk, Belarus), University of Warmia and Mazury (Poland, Olsztyn), Kuban State University (Krasnodar, Russian Federation), Kuban State University (Moscow, Russia), Kuban State Agrarian University (Krasnodar, Russian Federation), Kuban State Agrarian University (Krasnodar, Russia), Bolashak Academy in Karaganda (Karaganda, Kazakhstan), Krasnodar University of the Ministry of Internal Affairs of Russia (Krasnodar, Russia), Lomonosov Moscow State University (Moscow, Russia), National Research Tomsk State University (Moscow, Russia). Lomonosov Moscow State University (Moscow, Russia), National Research Tomsk State University (Tomsk, Russia), Tula State University (Tula, Russia), Tajik State University of Law, Business and Politics (Khujand, Tajikistan), Mykolas Romeris University (Vilnius, Lithuania), Udmurt State University (Izhevsk, Russia). The purpose of the conference was to perpetuate the scientific heritage of the outstanding Russian scientist, founder of Kuban school of criminalistics Alexander A. Khmyrov (1925-2017) and to elaborate new approaches to the development of criminalistics, forensic expertise, criminal intelligence and surveillance, evidentiary process and other applied branches of legal knowledge. Since the time the conference was held for the first time in 2017, certain areas of scientific research have taken shape where the leading scientists share their findings. The conference invariably attracts attention of Russian and foreign criminalists, experts in the field of evidence, researchers in the sphere of forensic examination and criminal intelligence, information technologies in law enforcement and investigative activities, current employees of pretrial investigation agencies, prosecutors, practicing lawyers. Summaries of proceedings of each conference, containing the main theses of papers and presentations discussed, were published. The conference themes were as follows: 1) Modern problems of criminalistics; 2) Criminalistic aspects of evidentiary process; 3) Trends in development of forensic science; 4) Current issues of criminal intelligence. 5) Interdisciplinary links in forensic science. The conference was distinguished by its focus on discussion of the raised problems and free discourse on a wide range of opinions on the issues under consideration, with strict observance of scientific ethics. The interdisciplinary nature and the breadth of covered fundamental and practical issues made the conference attractive for specialists from Russia and foreign countries representing various scientific fields. In the course of the conference, it became possible to find solutions to many complex scientific challenges and dilemmas owing to the well-coordinated work of the organising committee and the speakers.