"A Robot Is Watching You”: Humanoid Robots And The Different Impacts On Privacy

Author(s): Lucas Cardiell / Language(s): English / Issue: 2/2021

Robots, particularly the ones that belong to a special type of robotic technologies designed and deployed for communicating and interacting with humans, slip into more and more domains of human life - from the research laboratories and operating rooms to our kitchens, bedrooms, and offices. They can interact with humans with facial expressions, gaze directions, and voices, mimicking the affective dynamics of human relationships. As a result, they create new opportunities, but also new challenges and risks to peoples’ privacy. The literature on privacy issues in the context of Social Companion Robots (SCRs) is poor and has a strong focus on information privacy and data protection. It has given, however, less attention to other dimensions of privacy, e.g. physical, emotional, or social privacy. This article argues for an “evolving” or “transformable” notion of privacy, as opposed to the “elusive” concept of privacy elaborated by leading privacy theorists such as Daniel J. Solove (2008) and Judith J. Thomson (1975). In other words, rather than assuming that privacy has a single core or definition (as defined, e.g., in Warren and Brandeis' 1890 paper), it maintains that it is important to conceptualize privacy as distinguishable into various aspects, including informational privacy, the privacy of thoughts and actions, and social privacy. This inductive approach makes it possible to identify new dimensions of privacy and therefore effectively respond to the rapid technological evolution in AI technologies which is constantly introducing new spheres of privacy intrusions.

"LA DAME À LA LICORNE"

Author(s): Paul Vasilescu / Language(s): Romanian / Issue: 1/2021

Globalization and being a part of the European legal bloc promised more zeal for the Romanian comparative study of law. This has not happened in the last decade, but it has not prevented the assertion of researchers passionate about the legal comparison. We review a particular work, essential and worthy of being remembered. 'Șapte dileme în teoria comparației' (Seven dilemmas in the comparative theory) is a collection of texts by Ms Raluca BERCEA focused on the comparative phenomenon, its categories, and its environment. Understanding law as a cultural phenomenon beyond the positivist horizon allows the author to attack the most challenging issues - the textual truth of the law, the mechanisms of comparativism and its methodology, the structure of comparative discourse, etc. Our invitation to read is justified by the quality of the writing and the richness of the ideas presented.

"The Manny Faces of Contemporary Philosophy and Theory of Law" – konferencja z okazji dziesięciolecia Sekcji Filozofii Prawa Towarzystwa Biblioteki Słuchaczów Prawa Uniwersytetu Jagiellońskiego, Kraków, 23–24 marca 2013 r.

Author(s): Paweł Banaś,Bartosz Janik,Izabela Skoczeń / Language(s): Polish / Issue: 1/2013

(R)EVOLUTION OF THE AXIOLOGY OF HUMAN RIGHTS, POLITICAL FREEDOM AND SECURITY AS A DETERMINANT OF UN PRAGMATISM. METAPHORIZATION IN LAW

Author(s): Jerzy Menkes,Anna Kociolek-Pęksa / Language(s): English / Issue: 71/2021

The state, under the Westphalian order, was both the creator and product of international law which determined its position as the central actor of this system. The norms of international law defined the normative content of the internal security regime, where state security was identical with security as such in international relations. The reality that laid the foundation for this logical syllogism has been subject to gradual transformation that had its climax in the early decades of the 21st century. The states, previously holding monopoly of using force in international relations, which allowed for prevention of wars by means of intergovernmental agreements or maintenance of peace through institutionalized intergovernmental cooperation, lost their exclusive authority to use force. Stipulating ‘non-war’ by means of an (intergovernmental) international treaty became impossible since the non-state actors who apply force pursue counter-systemic goals and reject the international (and internal) order based on the rule of law. The state sovereignty, whose significant albeit not exclusive referent was autocracy and total power, has been transformed from the title of claim to cease the violation by the state into the personal right to protection (vested in an individual or minority/people/mankind in general).

1st International Workshop on Law and Ideology, Wrocław, 29-30.05.2014 r.

Author(s): Wojciech Zomerski,Wojciech Kauczor / Language(s): Polish / Issue: 1/2014

25 Years After the Transformation: Law and Legal Culture in Central and Eastern Europe Between Continuity and Discontinuity”, Brno, Republika Czeska, 16-17.04.2015 r.

Author(s): Wojciech Zomerski / Language(s): Polish / Issue: 1/2016

2nd International Workshop On Law And Ideology Memories Of Struggles, Struggles Of Memories, Sarajevo, 28-29 maja 2015

Author(s): Filip Rakoczy / Language(s): Polish / Issue: 2/2015

3P, un „virus” reactivat, care amenință sănătatea justiției penale

Author(s): Valerian Cioclei / Language(s): Romanian / Issue: 2/2020

Populist penal policy (in short 3P), this is the "virus" subject to this analysis. There are some "clinical signs" that suggest that we are in a period of reactivation of this virus. This is the hypothesis that needs to be verified. As such, in the good medical methodological tradition (because we are talking about a virus) it is necessary, firstly, a short “epidemiological anamnesis” (I), after which, an evaluation of the “current pathological condition” (II).

A Charter of Rights for Europe

Author(s): Ceri Hywel Jones,Mathew Heim,Cristina Pineda Polo / Language(s): English

The European Charter of Fundamental Rights is the first formal European Union (EU) document to bring together the values and the fundamental rights enjoyed by EU citizens. The issues raised by the Charter therefore go far beyond legal technicalities and are intrinsically linked with the question of what role the Union is expected to play in the lives of its citizens. The aim of this paper is to analyse these issues and suggest solutions to some of the problems which the Convention on the Future of Europe and the Member States are faced when considering the Charter, notably regarding the implications of incorporating the Charter within the treaties and Union’s accession to the European Convention on Human Rights (ECHR). // This Paper, therefore, covers a number of points relating to incorporation, such as the status of the Charter in a Constitutional Treaty, the question of redrafting and amendments to the Charter, the impact on EU competences and access to justice. Regarding the question of accession to the ECHR, points covered include the question of whether the Union or European Community should accede, the creation of a legal basis for accession, forms of accession, the impact on competences and autonomy of the Community legal order, as well as on Member States’ individual positions and the relationship between the EU and ECHR courts.

A Common Good in Doctrinal and Legal Terms. An Attempt at a Holistic Approach

Author(s): Paweł Sydor / Language(s): English / Issue: 9.1/2018

The aim of the article is to present two opposing visions of the common good (value) in the history of political and legal doctrines. Such outline of extreme positions allows the author to assess the wide range of doctrinal differences in particular epochs and to impose the principles of the rule of law expressed in art. 2 of the Constitution in the historical tradition derived from the ancient republicanism and political and legal thought of the Middle Ages and which absorbs the postulates of modern liberalism, republicanism and conservatism, based on the democratic model.

A Comparative Assessment On Same-Sex Relations Ship Regulation Freedom In The European Area

Author(s): Oana Răvaş / Language(s): English / Issue: 1/2014

It may be noted that some legislation assimilates the same legal status as marriages between persons of the opposite sex and for people of different sex, while in other countries, the legal system is different, trying some similarities, while others prohibit any formalization of home these bonds and hence the economic effects driven by them. Similarly, regulated and free union of opposite-sex outside marriage officially recognized. Also, given the fact that in Europe some states allowed gay marriage and others do not, the question of the effects of such marriages in states that do not recognize. In other words, it can make a major debate to what extent non-recognition of such marriages can be considered as a breach of Art. 12 (right to marry) and even art. 8 (right to private and family life) and even art. 14 (prohibition of discrimination) of the European Convention on Human Rights.

A CRITICAL ANALYSIS OF ESTABLISHING THE JUDICIAL TRUTH

Author(s): Bogdan Bodea / Language(s): English / Issue: 3/2020

The article represents a brief analysis of the effectiveness of the judicial act by referring to the necessity of establishing a judicial truth. In establishing limits for the determination of judicial truth, the article examines the prevalence of the notion of rule of law, the rigor of applying the rules of procedural or material law, the implication of equity in judicial matters and the need to establish a correspondence between factual truth and judicial truth.

A European Controversy of Juridical Thinking: Juridical Doctrine and/or Legal Science?

Author(s): Ion Craiovan / Language(s): English / Issue: II/2014

Communication proposes some tests and family considerations words: legal doctrine, legal knowledge, legal knowledge, the meaning and the meanings conveyed especially in european and romanian theoretical space. Thus, if the terms of legal doctrine and legal science, both used, known - as - the theoretical approaches on the right, are synonymous, we can use random or are there reasons to use preferential its just one tooth, depending on context? It justifies the elimination of one or the other in the field of scientific research ? If there are different or partial identity, what the differences of meaning and purpose and epistemological implications about legal knowledge ? What relationships exist between legal doctrine, legal science, legal knowledge ? Therefore, we propose not merely linguistic - etymological considerations or purely epistemological.We argue that the decisive control solution adopted understood how legal knowledge, nature and its potential, with major implications for legal and social practice. We conclude, following summaries considerations, the coexistence phrases " legal doctrine " and " legal science " in the contemporary legal knowledge and no question repudiation of one or the other. But not all have the same meanings conveyed epistemological value and oscillates depending on the context of the unacceptable, the harmful and desirable. These phrases may know the identity of the contemporary spirit, to the extent that legal doctrine promotes specific legal phenomenon, but is open to acquisitions and contemporary philosophy of science, complex approaches, interdisciplinary methodological arsenal, by accepting that legal practice involves how inherently legal theory, the aspiration of new degrees of science, including legal problem of the future, by integrating general knowledge network.

A Few Questions Concerning Photographs in Court Decisions

Author(s): Michał Dudek / Language(s): English / Issue: 2/2018

The aim of this article is to discuss the infrequent, but noticeable, practice of inserting photographs in court decisions. Against the background of the few existing studies on this practice, which seem to be overly case-specific, this article proposes a more general, even universal list of problems connected with it. It addresses a short list of questions about the inclusion of photographs in court decisions, such as, for instance: “Why do judges include in court decisions photographs concerning the case-relevant facts?”; “Who are the addressees of these photographs?”; “What is the source of the photographs used and are all sources allowable?”; and “How come that some segments of court decisions are accompanied by relevant photographs and others are not?”. A discussion of these and other questions enables the conceptualisation of many problems connected with inserting photographs in court decisions – most notably, that of the criteria of choice, which previously has not been explicitly addressed, but barely hinted at – and leads to the conclusion that the practice in question, surrounded by many controversies, should be discontinued.

A Few Remarks on Equitable Law (from the Perspective of the System of Statutory Law)

Author(s): Wojciech Dziedziak / Language(s): English / Issue: 1/2018

The article discusses equitable law with reference to the perspective of the system of statutory law. The author founds the substantive theory of equitable law on the following values: truth, good, justice and human dignity. The paper defines the understanding of these values. Then, it indicates that they should be respected in legislative activities (in lawmaking) as well as in the application of law so that the law (norms) and decisions should be equitable. It is also emphasised that equity is “an instance” that can protect the man and his dignity – the dignity of the human person.

A FEW WORDS ABOUT THE ACCOMPLISHMENT OF LAW

Author(s): Celin Herţa / Language(s): Romanian / Issue: 12/2017

Realization of the right involves "transforming the rule of law - as a theoretical concept ‒in the real social relations", a work which takes two forms: making the law enforcement activity and compliance with laws and conducting law by applying legal norms by state bodies.

A jogtudomány természete

Komplexitás, modellértékűség: eszmények, korlátok

Author(s): Csaba Varga / Language(s): Hungarian / Issue: 2/2016

Science is the systematic processing of knowledge on the world, sensed by human perception. The humanities, as peculiar part of scholarship, are based on the generalisation of historical experience. While scientific knowledge tends to get generalised, experience is particular from the beginning: it is defined from wherever and whenever it has been gained (or by what has been experienced hic et nunc), so it is limited in generalisability. As a subject of legal scholarship, law is (1) a global phenomenon embracing society as a whole, which is (2) able to settle conflicts of interests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society. Law – taken as (a) normatively considered social behaviour, (b) positivation, (c) decision making and/or enforcement by the authority, as well as (d) their commentary/doctrine – is an accessory subject of legal scholarship at the most; in no way it is an internal part thereof.Based on experience – as to its ideal type, best exemplified by the English tradition – legal scholarship is historical and comparative, directed by theoretical considerations. Systemically developed concepts, principles and institutions, ready to generalisation – best exemplified by the Latinic/Germanic tradition – can only be built on the former.All its foundation is provided by the ideal of ordo, developed by the world concept of the given society/culture. In its concretisation, particular legal sciences are formulating notions, principles and institutions. This is textual analysis in so much the inquiry is historical; this is empiric in so much it is of a social scientific character. Their scholarly developed connection is at the level of “legal science” only provided that it transcends the accidentality and practice-dependent variety of individual legal cultures and national laws. No law in books or action can be more relevant to it than any engineered product to exact sciences, for all these are nothing but parts of practical action or the policy thereof.Jurisprudence, taken as the conceptual modelling of a part of reality, is a historical offspring of the ideal of scientia materialised first in geometry and second in theology. Or, it is a kind of theoretical doctrine: potential and competitive, albeit organised into a coherent system. And as the humanities in general, it is at the same time an ideal-type reflection and form-giving factor – that is, genuine artificer – of the man’s world.

A kolozsvári egyetem szerepe a magyar jogbölcseleti gondolkodás megújításában

Author(s): József Szabadfalvi / Language(s): Hungarian / Issue: 2/2016

The purpose of this study is to review the role of the University of Kolozsvár in renewal of Hungarian legal philosophical thinking. So that will be presented the activity of Viktor Jenei, Rudolf Werner, Bódog Somló, Gyula Moór, Barna Horváth, István Bibó, József Szabó in Kolozsvár.

A LEGAL PERSPECTIVE ON MULTICULTURALISM AS A FACTOR OF INFLUENCE IN THE NEGOCIATION OF CONTRACTS

Author(s): Maria-Magdalena Bârsan,Maria-Magdalena Cardis / Language(s): English / Issue: 2/2016

Nowadays, the impact of the cultural factor seems to be restricted, based on the globalization tendency which exists. However, in regard to the negotiation of contracts between partners from different states, this impact presents significant importance. The present study aims to describe some aspects of the way in which the multiculturalism of parties influences the process of negotiation, as well as the legal provisions, without claiming to exhaust the subject. We have also considered the unified regulations which govern this matter.

A méltányosság fogalma, funkciója és rendszertani elhelyezése a magyar magánjog általános elvei körében

Author(s): József Benke / Language(s): Hungarian / Issue: 2/2021

The paper summarises the sources, functions and species (types) of Hungarian private law’s general principles. It emphasises that the non-legal basis thereof consists in the Common European Cultural Heritage (as Greek philosophy, Roman law, Judeo-Christian religious tradition, Humanism, Enlightenment). Thereafter, the contribution analyses the interdependence and mechanisms of action of the governing principles of Rule of Law and Justice. The study shows that, on the one hand, among homogeneous relationships and circumstances, Justice operates as the Rule of Law, while, in heterogeneity, it is the Equity, which performs the Rule of Law by means of correction of Justice: Both Justice and Equity guarantee the perpetuance of Rule of Law, which has a certain predominance according to the previous two principles. The article presents how these governing principles bind and oblige legislation, application of law and subjects of law (persons) as well. In a critical approach, the paper defines Equity as it is a governing principle of Hungarian private law obliging legislation and jurisdiction in different manners for guaranteeing Rule of Law by a correction of Justice through a one-sided preference resulting from judicial discretion based on statutory mandate for the purpose, on the one hand, of the shield those worthy of protection, and, on the other hand, in special and extraordinary cases, in order to grant derogations from the general norm within the very provisions of certain regulations.