The Shari’a Approach to Contemporary Problems of Mass Surveillance

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Sattam Eid Almutairi
Keyword(s):  
North America ◽  
Personal Data ◽  
Legal Systems ◽  
Legal Norms ◽  
Muslim Countries ◽  
Norms And Values ◽  
The World ◽  
State Surveillance ◽  
Mass Surveillance ◽  
Do So

AbstractThe phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so.

Expresii juridice fără nicio noimă

2020 ◽  
Vol 2019 ◽  
pp. 99-108
Author(s):  
Adriana Almășan ◽  
Keyword(s):  
Legal Systems ◽  
Legal Language ◽  
Legal Literature ◽  
Legal Writing ◽  
The World

Lawyers should be expert communicators, most of their drafting requiring preciseness and efficient phrasing. However, in practice, legal writing is rarely conveying the information effectively, regardless its importance: from contracts to legislation, from legal literature to documents submitted in courts one may find imprecise, pompous, leaden legal language. Oddly enough, the inadequacies traverse legal systems, languages and cultures, the critique being uniformly applicable around the world. This study follows the legal writing tradition and advocates the simplification and accessibility of this language.

Greening the Machine Question: Towards an Ecological Framework for Assessing Robot Rights

2020 ◽  
Author(s):  
Joshua C. Gellers
Keyword(s):  
The Other ◽  
Macro Level ◽  
Ecological Framework ◽  
Legal Systems ◽  
Other Hand ◽  
The World ◽  
Rights Of Nature ◽  
Robot Rights ◽  
The One ◽  
And Behavior

Could robots have rights? On the one hand, robots are becoming increasingly human-like in appearance and behavior. On the other hand, legal systems around the world are increasingly recognizing the rights of nonhuman entities. Observing these macro-level trends, in this paper I present an ecological framework for evaluating the conditions under which some robots might be considered eligible for certain rights. I argue that a critical, materialist, and broadly ecological interpretation of the environment, along with decisions by jurists establishing or upholding the rights of nature, support extension of rights to nonhuman entities like robots.

2. Legal systems and sources of law

2020 ◽  
pp. 35-70
Author(s):  
Scott Slorach ◽  
Judith Embley ◽  
Peter Goodchild ◽  
Catherine Shephard
Keyword(s):  
International Law ◽  
Common Law ◽  
Civil Law ◽  
Case Law ◽  
Potential Effect ◽  
Legal Systems ◽  
Public And Private ◽  
England And Wales ◽  
The World ◽  
The Status

This chapter focuses on the sources of law in England & Wales, and is organised as follows. Section 2.1 describes the key jurisdictions relevant to lawyers in England and Wales. Section 2.2 deals with the issue of where the law comes from: sources of law. Section 2.3 reviews the development of the two ‘traditional’ sources of law in England and Wales: case law and statutes. Sections 2.4 and 2.5 consider the status and operation of EU and international law, including the potential effect of Brexit. Section 2.7 goes on to discuss public and private law, common law, and civil law, and other classifications used by lawyers. This is followed by a discussion of legal systems and their cultures across the world.

scholarly journals International Trade and Development Law: A Legal Cultural Critique

2011 ◽  
Vol 4 (2) ◽  
Author(s):  
Colin Picker
Keyword(s):  
International Trade ◽  
International Law ◽  
International Development ◽  
Effective Interaction ◽  
Legal Culture ◽  
Cultural Critique ◽  
Legal Systems ◽  
Legal Traditions ◽  
The World

To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub-traditions found within the hundreds of different legal systems spread across the globe. International law has, however, traditionally eschewed consideration of legal culture—arguing that international law is unique, is sui generis, and as such domestic legal traditions were not relevant. Yet, the humans involved in creating and nurturing international legal fields and institutions will themselves reflect the legal culture of their home states, and will often import aspects of those legal cultures into international law. The same must be true of international development law. In addition, international legal fields, such as international development law, must often work within domestic legal systems, and as such they will directly interact with the domestic legal traditions. It is thus important to understand the interaction between the legal cultures reflected in the relevant part of that international law and in that of the domestic legal system. Such an understanding can be useful in ensuring the effective interaction of the two systems. This paper explores these themes, continuing the author’s past and ongoing consideration of the role of legal culture in international law, including its role within institutions such as the World Trade Organization.

The Status of the Unmarried Parent in Israel Law

1977 ◽  
Vol 12 (2) ◽  
pp. 194-201 ◽  
Author(s):  
Pinhas Shifman
Keyword(s):  
Legal Systems ◽  
Marriage And Family ◽  
The World ◽  
The Status ◽  
The Subject ◽  
Illegitimate Children

It has been said that there are no illegitimate children but only illegitimate parents, a paradox which reflects the view that the iniquity of the fathers should not be visited upon the children, that the rights of children should not suffer deprivation because of the “sin” of their parents. So put, it presents a challenge to those many legal systems which discriminate against children born out of wedlock, treating them as illegitimate and denying them rights against their parents or, in some jurisdictions, against their fathers. For all that, we are now witnessing in a number of countries a process which is blurring and largely doing away with the traditional disqualifications and discrimination against illegitimate children. Not only does the violation of the rights of a child because his parents bore him out of wedlock appear to many of us to be immoral in itself, but we go on and urge that it is wholly unreasonable to release the “sinning” parent from his obligations and place the burden of bringing up his child on society at large.This last view does not, however, give any moral or legal approbation to bringing children into the world out of wedlock but suggests rather that the protection of the institution of marriage and family should properly find expression in the status of the unmarried parents. The problems to which this understanding of the matter gives rise are the subject of the present analysis of the pertinent Israel legislation.

scholarly journals Criminal protection of children's life and health: international experience

2021 ◽  
Vol 39 (71) ◽  
pp. 350-365
Author(s):  
Viktoria Babanina ◽  
Vita Ivashchenko ◽  
Oleg Grudzur ◽  
Yurikov Oleksandr
Keyword(s):  
Criminal Law ◽  
Fetal Development ◽  
Criminal Liability ◽  
International Experience ◽  
Legal Systems ◽  
European Experience ◽  
The World ◽  
Rights And Interests ◽  
Criminal Protection ◽  
The Right

Through a documentary methodology, the article examines the characteristics of the criminal protection of the life and health of children in Ukraine and some other countries. The problem of determining the time of the beginning of the protection of a child's life and health, is analyzed in the light of the European experience. It is noted that in Ukraine it is necessary to recognize the right to live of the child at any stage of fetal development, to ensure the criminal protection of the child before birth. This approach is enshrined in several international legal acts, as well as confirmed by legal guarantees in the legal systems of many countries around the world. In addition, the article analyzes criminal law measures to guarantee the rights and interests of the child under modern Ukrainian law. The list of socially dangerous acts against minors is a result, so reinforced criminal liability is provided for considering the interests of minors. It has been concluded that in all post-Soviet countries the components of crimes against a person's health, considering the legislator's reaction to causing harm to the health of children during their commission, are clearly divided into three separate groups.

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