Civil liability challenges for the law and neural interface devices: reconceptualising the law

The Law of Tort

10.1093/oso/9780198790884.003.0014 ◽

2018 ◽

Author(s):

Eva Steiner

Keyword(s):

Civil Liability ◽

French Law ◽

The Law ◽

Broad Approach ◽

The Way

This chapter examines the French law of tort. Although French law takes a broad approach to civil liability, when looking more closely at the way in which French judges have dealt with claims in tort, it becomes apparent that the need to avoid extending the scope of civil liability to an unlimited extent has also been present in French law. Indeed, in order to achieve desirable results, French judges have on many occasions used their discretion to interpret restrictively the elastic concepts of fault, damage, and causation. Hence, they end up dismissing claims which, for policy reasons, would have created unjust results or would have opened the gates to a flood of new claims. Thus, even though French judges do not admit to it openly in their judgments, they are influenced as regards the matter of deciding the limits of liability by general policy considerations, especially the ‘floodgates arguments’ which their English counterparts also readily understand.

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Pertimbangan Hakim dalam Penilaian Alat Bukti Surat pada Perkara Penetapan Ahli Waris

Jurnal Preferensi Hukum ◽

10.22225/jph.2.1.3053.99-103 ◽

2021 ◽

Vol 2 (1) ◽

pp. 99-103

Author(s):

Ni Made Sinthya Kusuma Arisanthi ◽

I Nyoman Putu Budiartha ◽

I Nyoman Gede Sugiartha

Keyword(s):

Moving Objects ◽

Legal Reasoning ◽

Civil Liability ◽

The Law

In Heritance is everything in the form of treasure relics left by the heir to the beneficiary, which is that this inheritance can be moving objects and the objects do not move or be rights and obligations. Lately very many disputes arising in consequence in the dividing of the inheritance, which, between the rights and obligations of the unbalanced or in the dividing of the inheritance that is not in accordance with the wishes of the heirs. The dividing of inheritance should be using wills avoiding disputes among the heirs, the absence of a will the heir must prove with evidence of tools that have been specified in the law. One tool evidence supports a very authentic and has the power of proof most perfect IE tool written evidence or mail. From the background of the above, the authors take the title Considerations in the Assessment of the Evidence the Judge a Letter in the Case of Determination of Heirs. In this study, used normative research, so that it can be formulated as follows: the issue of whether the evidence of a letter submitted by the applicant was the beneficiary designation in accordance with the law of civil liability, as well as how the Tribunal judges considering the evidence a letter to grant the petition for dermination of the heirs, from the formulation of the problem can be explored regarding the evidence of tools able to convince at the same time as the consideration of judges in disconnected things of the expert determination the heir. The goals of this research are: to know the strength of the evidence of a letter in the system of succession in Indonesia, as well as to know the legal reasoning used by the judge as the consideration.

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INSURANCE COVERAGE IN CIVIL LIABILITY OF MOTOR VEHICLES OWNERS’ COMPULSORY INSURANCE (COMPARATIVE ANALYSIS OF THE LEGISLATION OF THE REPUBLIC OF TURKEY AND THE REPUBLIC OF AZERBAIJAN)

InterConf ◽

10.51582/interconf.19-20.07.2021.022 ◽

2021 ◽

pp. 199-205

Author(s):

Faik Birishik

Keyword(s):

Motor Vehicle ◽

Insurance Coverage ◽

Civil Liability ◽

Liability Insurance ◽

Motor Vehicles ◽

Coverage Area ◽

Compulsory Insurance ◽

The Law ◽

The Republic ◽

Republic Of Turkey

Both Turkish and Azerbaijani legislation requires motor vehicle owners to enter into a contract of compulsory civil liability insurance. The list of vehicles with compulsory civil liability insurance to third parties is reflected in Article 50.2 of the Law of the Republic of Azerbaijan on “Compulsory Insurance”. A similar list of vehicles with compulsory civil liability insurance is reflected in the Law of the Republic of Turkey “On Motor Roads”. Losses included in the coverage area of the insurance contract on compulsory civil liability insurance of motor vehicle owners are classified in the form of damage to vehicles, material damage and damage to life and health of the victim.

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12. Breach of statutory duty

Kidner's Casebook on Torts ◽

10.1093/he/9780198830887.003.0012 ◽

2019 ◽

pp. 307-316

Author(s):

Kirsty Horsey ◽

Erika Rackley

Keyword(s):

Civil Liability ◽

Statutory Duty ◽

Regulatory Statute ◽

The Law ◽

And Function ◽

Role And Function

This chapter discusses liability for breach of statutory duty. There may be cases where a statute renders a certain activity a crime, and the law imposes an additional civil liability towards a person harmed by the act. While some statutes state this directly, most statutes make no mention of potential civil liability, but nevertheless liability may be imposed if the court believes that Parliament impliedly intended there to be a remedy. Not only are there difficulties about when a civil duty will be spelt out of a criminal or regulatory statute, but there are also problems about the role and function of the tort of statutory duty.

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Environmental Compensation Schemes: Experience and Prospects

Environmental Law Review ◽

10.1177/146145290300500102 ◽

2003 ◽

Vol 5 (1) ◽

pp. 9-22

Author(s):

Neil Hawke ◽

Pamela Hargreaves

Keyword(s):

Environmental Protection ◽

Limited Liability ◽

Civil Liability ◽

Environmental Liabilities ◽

Insurance Cover ◽

Efficiency And Effectiveness ◽

Polluter Pays Principle ◽

The Law

This article draws on existing experience of the law, its application and enforcement as it affects environmental funds (or joint compensation schemes) in order to reflect on the more recent use and development of emerging funds. The investigation encompasses funds created through international accords in addition to those created on a national basis. It looks at schemes designed to identify and manage environmental liabilities as well as those designed to generate funding for environmental enhancement and protection. In addition to identifying any differences in approach between these two ‘types’ of fund the article isolates those aspects of existing schemes which have contributed towards their efficiency and effectiveness and investigates how far those criteria are reflected in the emerging environmental funds. A number of related issues run through the article: the variability of recognition of the ‘polluter pays’ principle, the identity and liabilities of fund contributors, the administration of funds and the achievement of widely differing objectives when compared with traditional civil liability regimes, the extent to which liability funds in particular are likely to achieve deterrence and promote higher standards of environmental protection, and the operational significance of accompanying provision for strict but limited liability and insurance cover.

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Race and the Law in the Genomic Age

10.1093/oxfordhb/9780199680832.013.55 ◽

2017 ◽

Author(s):

Robin Bradley Kar ◽

John Lindo

Keyword(s):

Evolutionary Psychology ◽

Civil Liability ◽

Central Mechanism ◽

Equal Treatment ◽

Equal Protection ◽

Human Populations ◽

Critical Race ◽

Human Psychology ◽

Racial Perceptions ◽

The Law

Despite the ‘Age of Genomics’, many scholars who study race and the law resist biological insights into human psychology and behaviour. Contemporary developments make this resistance increasingly untenable. This chapter synthesizes recent findings in genomics and evolutionary psychology, which suggest cause for concern over how racial concepts function in the law. Firstly, racial perceptions engage a ‘folk-biological’ module of psychology, which generates inferences poorly adapted to genomic facts about human populations. Racial perceptions are, therefore, prone to function in ways more prejudicial than probative of many issues relevant to criminal and civil liability. Secondly, many folk biological inferences function automatically, unconsciously, and without animus or discriminatory intent. Hence, current equal protection doctrine, which requires a finding of discriminatory intent and is a central mechanism for guaranteeing people equal treatment under the law, is poorly suited to that task. These facts support but complicate several claims made by Critical Race Theorists.

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Massively parallel microwire arrays integrated with CMOS chips for neural recording

Science Advances ◽

10.1126/sciadv.aay2789 ◽

2020 ◽

Vol 6 (12) ◽

pp. eaay2789 ◽

Cited By ~ 23

Author(s):

Abdulmalik Obaid ◽

Mina-Elraheb Hanna ◽

Yu-Wei Wu ◽

Mihaly Kollo ◽

Romeo Racz ◽

...

Keyword(s):

Large Scale ◽

Modular Design ◽

Three Dimensional ◽

Field Potential ◽

Neural Interface ◽

Neural Communication ◽

New Strategy ◽

Planar Silicon ◽

Interface Devices ◽

Silicon Based

Multi-channel electrical recordings of neural activity in the brain is an increasingly powerful method revealing new aspects of neural communication, computation, and prosthetics. However, while planar silicon-based CMOS devices in conventional electronics scale rapidly, neural interface devices have not kept pace. Here, we present a new strategy to interface silicon-based chips with three-dimensional microwire arrays, providing the link between rapidly-developing electronics and high density neural interfaces. The system consists of a bundle of microwires mated to large-scale microelectrode arrays, such as camera chips. This system has excellent recording performance, demonstrated via single unit and local-field potential recordings in isolated retina and in the motor cortex or striatum of awake moving mice. The modular design enables a variety of microwire types and sizes to be integrated with different types of pixel arrays, connecting the rapid progress of commercial multiplexing, digitisation and data acquisition hardware together with a three-dimensional neural interface.

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