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Laws, Volume 12, Issue 3

2023 June - 26 articles

Cover Story: In the past few years, Latin American countries have started to enact changes in their legal capacity regulations regarding persons with disabilities. However, even when these changes started over eight years ago, there were few to no analyses on the matter. In addition, there is no encompassing theory or typology on how these reforms happen and on their effects. In the present paper, we propose two axes of analysis for the reforms: enforceability and compliance with Article 12 of the CRPD. This matrix allows for four kinds of reforms: incipient, formal, conciliatory and radical. Using this matrix, we examined the legislative changes in Argentina, Brazil, Colombia, Costa Rica, the Dominican Republic, El Salvador, Mexico, Nicaragua and Peru. View this paper
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Articles (26)

  • Article
  • Open Access
5 Citations
5,275 Views
14 Pages

15 June 2023

Theories of rehabilitation have long been articulated in health and criminal justice contexts, driving rehabilitation practices in each area. In this article, several prominent theories are described to illustrate how their core assumptions aim to fa...

  • Article
  • Open Access
2 Citations
4,907 Views
18 Pages

15 June 2023

Greece is a unique example of a country member of the Council of Europe that allows for the application of Sharia law by the Mufti on a select part of its citizenry: the members of the Muslim minority in Western Thrace (situated in NE Greece). Howeve...

(This article belongs to the Section Human Rights Issues)
  • Article
  • Open Access
2 Citations
8,255 Views
17 Pages

14 June 2023

This paper investigates whether and how International Law on Indigenous Peoples (ILIP) can complement protections granted under International Refugee Law (IRL) and International Human Rights Law (IHRL) to refugees in camps in Thailand. Presently, the...

(This article belongs to the Special Issue Migrants and Human Rights Protections)
  • Article
  • Open Access
26 Citations
6,788 Views
21 Pages

12 June 2023

The rights and obligations of an executive as a top manager of a limited liability company seem to be a long-settled question. However, the opposite is true. We were particularly interested in the question of the rights and obligations of the manager...

  • Article
  • Open Access
4 Citations
4,410 Views
17 Pages

12 June 2023

The Indonesian Competition Supervisory Commission (ICSC) has the authority to investigate, prosecute, adjudicate, decide, and impose sanctions on business actors for violating Indonesian competition law. It also has the authority to establish procedu...

  • Article
  • Open Access
3,031 Views
12 Pages

9 June 2023

This article will focus on judicial interviews of children, in chambers, including in Hague Abduction Convention cases; the potential promise and pitfalls of conducting such interviews; and how the U.S. experience provides an excellent template for f...

(This article belongs to the Special Issue Contemporary Issues Relating to International Child Abduction in Contemplation of the Eighth Special Commission into the Operation of the 1980 Hague Child Abduction Convention (2023))
  • Article
  • Open Access
2 Citations
10,352 Views
23 Pages

7 June 2023

It has been more than ten years since the nationwide sentencing standardization reform was implemented in China to solve the widespread problem of uneven sentencing in criminal justice. A statistical analysis of 1595 written judgments of illegal poss...

  • Review
  • Open Access
1 Citations
3,873 Views
16 Pages

5 June 2023

In 2015, 20 experts from academia, industry, and non-governmental organisations on 5 continents agreed to a set of seven international principles for ethical decision making (“the principles”) in managing human–wildlife conflict. Th...

(This article belongs to the Section Criminal Justice Issues)
  • Article
  • Open Access
12 Citations
6,048 Views
17 Pages

5 June 2023

By adopting the Convention on the Rights of Persons with Disabilities (the CRPD) in New York, the United Nations heralded a new epoch on how disability-related matters ought to be comprehended and addressed across the globe. The aim of this article i...

(This article belongs to the Section Health Law Issues)
  • Article
  • Open Access
3 Citations
6,380 Views
19 Pages

5 June 2023

Since the UN Convention on the Rights of Persons with Disabilities (CRPD) was created, segregation of persons with disabilities is no longer allowed. Separate schools, sheltered workshops, and isolated social care homes impede inclusion and must be b...

(This article belongs to the Section Health Law Issues)
  • Article
  • Open Access
19 Citations
10,534 Views
26 Pages

Children’s Participation in Care and Protection Decision-Making Matters

  • Judith Cashmore,
  • Peiling Kong and
  • Meredith McLaine

1 June 2023

Laws and policies in different jurisdictions provide a range of mechanisms that allow children involved in child protection processes and care proceedings to express their views when decisions that affect them are being made. Whether these mechanisms...

(This article belongs to the Special Issue Law and Children’s Decision-Making)
  • Article
  • Open Access
11 Citations
7,923 Views
26 Pages

25 May 2023

Competent management of the production and consumption of waste is the foundation for ensuring a favorable environment in cities and comfortable living conditions for the population. Laws and regulations play a key role in this process since they det...

  • Article
  • Open Access
4 Citations
10,398 Views
11 Pages

23 May 2023

Pharmaceutical companies, like many other types of companies, are incentivized to create, manufacture, and distribute new products, in part due to the legal protections of patent law. However, the tension between patent rights and the public good has...

  • Article
  • Open Access
4 Citations
11,019 Views
19 Pages

19 May 2023

The purpose of this study is to explore the interaction between copyright, branding, marketing, and heritage protection with regard to a fashion brand. The authors use analytical-critical and legal-dogmatic methods, supplemented with desk research, a...

  • Article
  • Open Access
2 Citations
6,917 Views
17 Pages

A Four-Speed Reform: A Typology for Legal Capacity Reforms in Latin American Countries

  • Renato Antonio Constantino Caycho and
  • Renata Anahí Bregaglio Lazarte

10 May 2023

In the past few years, Latin American countries have started to enact changes in their legal capacity regulations regarding persons with disabilities. However, even when these changes started over eight years ago, there were few to no analyses on the...

(This article belongs to the Section Human Rights Issues)
  • Article
  • Open Access
1 Citations
4,073 Views
18 Pages

8 May 2023

Rural women in Latin America continue to face serious obstacles in land tenure, especially in areas such as México, Guatemala, and Bolivia. Gender inequality in land access is related to male preference in inheritance legislation, male privile...

(This article belongs to the Section Law and Gender Issues)
  • Editorial
  • Open Access
3,037 Views
7 Pages

28 April 2023

When I received a request from MDPI in 2021, in the midst of the COVID-19 pandemic, to guest-edit a new online journal of philosophy of law and legal theory, including the history of their disciplines, it was immediately clear to me that this offer c...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
1 Citations
7,285 Views
12 Pages

28 April 2023

This paper reconstructs some of the core elements of Dworkin’s epistemology of ethics. To understand why, for Dworkin, questions of legal philosophy lead to moral epistemology, the main points of Dworkin’s last restatement of his theoreti...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
3 Citations
10,569 Views
9 Pages

28 April 2023

According to Dworkin, “truth” is an interpretative concept. Why? Moral judgements are often the subject of disagreement because they are often the result of divergent conceptual understandings. If, on the other hand, we want to interpret...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
2 Citations
4,855 Views
27 Pages

28 April 2023

Since the publication of Shoshana Zuboff’s The Age of Surveillance Capitalism, the strategies of Surveillance Capitalists and appropriate responses to them have become common points of discussion across several fields. However, there is relativ...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
2 Citations
5,889 Views
11 Pages

28 April 2023

Spinoza’s philosophy argues for the freedom of individuals as singular beings in the state. This freedom is not perfect yet immanent. Freedom—according to the Ethics—is a consequence of true knowledge and virtue, which must be able...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
2 Citations
4,681 Views
9 Pages

28 April 2023

The purpose of this essay is to outline the significance of Leibniz’s philosophy of law for the present. The essay traces the main features of Leibniz’s theory and points out what further developments of his approach are pending today. Fi...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
4 Citations
7,417 Views
47 Pages

28 April 2023

Dworkin’s and other analytic/positivist philosophers’ theoretical approach to law leads inexorably to politicization, totalitarianism, less justice, less trust in government, and less truth. A more practical approach is Fuller’s, wh...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
1 Citations
3,888 Views
13 Pages

28 April 2023

This contribution is based on the Chinese concept called Moulüe. A unique feature of Moulüe, without parallel in Western praxis-oriented schools of thinking, is its Yin-Yang dimension. The two hemispheres of the Yin-Yang symbol, a white one...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
2 Citations
6,327 Views
23 Pages

26 April 2023

The determination of truth in the aftermath of war aiming at establishing justice and peace is a key element of a transitional justice (TJ) process. The theory of justice of Roland Dworkin deals with an approach in which the interpretation of values...

(This article belongs to the Special Issue Philosophy of Law and Legal Theory: Historical and Contemporary Perspectives—Theme 'Justice Based on Truth')
  • Article
  • Open Access
11 Citations
13,186 Views
30 Pages

23 April 2023

Border pushbacks, including at the European Union’s external borders and by countries such as Australia, Mexico, Turkey, and the United States, are common—and in fact have become a new normal. These border policing or other operations aim...

(This article belongs to the Special Issue Protecting the Rights of Children in Migration)
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Laws - ISSN 2075-471X