Laws | June 2025 - Browse Articles

15 pages, 229 KiB

Open AccessArticle

The Banality of Crimmigration—Can Immigration Law Recover Itself?

by Catherine Dauvergne

Laws 2025, 14(3), 35; https://doi.org/10.3390/laws14030035 - 15 May 2025

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This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in [...] Read more.

This article argues that criminal law has overtaken immigration law to such an extent that the notion of “crimmigration” is no longer shocking. In Canada, where the population has long been supportive of immigration and where national politics have been remarkably consensual in matters of immigration, crimmigration now forms the basis of a new form of bipartisan consensus. By looking back on the Justin Trudeau Liberal government, we see that most of the Harper-era crimmigration measures were left in place, and the advance of crimmigration continued unabated. If we are to make any progress in recovering space for values other than crimmigration in our immigration law and politics, we need to both think more creatively about the future and recover our sense of outrage. Full article

23 pages, 4972 KiB

Open AccessArticle

Tax Control Between Legality and Motivation: A Case Study on Romanian Legislation

by Ioana Maria Costea, Despina-Martha Ilucă and Maria-Eliza Galan

Laws 2025, 14(3), 34; https://doi.org/10.3390/laws14030034 - 13 May 2025

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Abstract

Our study aims to evaluate the current Romanian context for tax control by correlating the legal framework with the administrative model, as derived through empirical analysis. Our hypotheses, confirmed by the observed macro-dynamics of tax control in a period of four years, are [...] Read more.

Our study aims to evaluate the current Romanian context for tax control by correlating the legal framework with the administrative model, as derived through empirical analysis. Our hypotheses, confirmed by the observed macro-dynamics of tax control in a period of four years, are as follows: (1) the current legal framework for tax control is heterogeneous, incomplete, and influenced by administrative practices; (2) debt collection is an inconsistent outcome of various forms of tax control, contributing marginally to budget dynamics; and (3) the identification of tax-related illegal activities heavily depends on tax control, while the application of administrative and criminal sanctions varies significantly. The study highlights the need to (re)design the normative framework to enhance coherence and effectiveness; hence, we advanced a model of normative reform based on the three abovementioned conclusion. Full article

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22 pages, 280 KiB

Open AccessArticle

Intersections of the Right to Education and Human Dignity in International Human Rights Law: A Purpose-Based Analysis

by Obinna Christian Edeji

Laws 2025, 14(3), 33; https://doi.org/10.3390/laws14030033 - 10 May 2025

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Abstract

The atrocities of World War II were pivotal to the launch of the human rights project, which became anchored on the recognition of the inherent dignity of all humans and formed a cornerstone justifying the ascription of rights. Indeed, it became essential to [...] Read more.

The atrocities of World War II were pivotal to the launch of the human rights project, which became anchored on the recognition of the inherent dignity of all humans and formed a cornerstone justifying the ascription of rights. Indeed, it became essential to recognise education as a human right given the emergent need to promote the use of reason, having recognised humans as people imbued with inherent dignity. This paper explores the right to education in international human rights law (IHRL) from the perspective of its purpose, and uses IHRL as its starting point. It argues that the ascription of inherent dignity to everyone justifies access to education and investigates the nexus between dignity and education, arguing that access to education is a sine qua non to expanding the inherent dignity of all humans. Thus, it argues that the recognition of dignity requires that all children must be provided with equal access to education to stimulate the use of reason. Full article

16 pages, 3551 KiB

Open AccessArticle

Using Computational Methods to Explore Law in Sermons

by Markus M. Totzeck and Valentin Fuchs

Laws 2025, 14(3), 32; https://doi.org/10.3390/laws14030032 - 4 May 2025

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Abstract

An empirical study on the use of law in Christian sermons has so far been a blank space in research, especially when large corpora of sermons are examined. In this article, we present the first findings of the ongoing RUNIP project, in which [...] Read more.

An empirical study on the use of law in Christian sermons has so far been a blank space in research, especially when large corpora of sermons are examined. In this article, we present the first findings of the ongoing RUNIP project, in which computer-assisted methods are used and validated in sermon analysis. The process integrates manual coding via MaxQDA with machine learning techniques, notably contextual embeddings derived from Transformer architectures such as SBERT, enabling us to detect patterns across large corpora. We argue that embeddings in text analysis can help to complement a manual, human-based text analysis. Clustering based on sentence embeddings helps identify semantically related sermon passages, although the complexity and length of the original texts, as well as the nuanced theological language, pose challenges to computer-aided analysis. By bridging historical and contemporary sermon analysis with data science methodologies, we demonstrate how an interdisciplinary approach can expand our understanding of how preachers address law, norms, and moral questions in Christian sermons. This is demonstrated by qualitative results from the analysis of the large historical sermon corpus of Friedrich D. E. Schleiermacher. Full article

(This article belongs to the Special Issue AI and Its Influence: Legal and Religious Perspectives)

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21 pages, 268 KiB

Open AccessArticle

From a Medical to a Social Model: The Evolution of Disability Rights in the Peruvian Constitutional Court’s Jurisprudence (2004–2024)

by Alfonso Renato Vargas-Murillo, Enlil Iván Herrera-Pérez, Rafael Fortunato Supo Hallasi, Carlos Alberto Cueva Quispe and Ilda Nadia Monica de la Asuncion Pari-Bedoya

Laws 2025, 14(3), 31; https://doi.org/10.3390/laws14030031 - 2 May 2025

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Abstract

The evolution of disability rights jurisprudence in Peru’s Constitutional Court (2004–2024) demonstrates a paradigm shift from medical to social models of disability. This research analyzes key Constitutional Court decisions through documentary analysis, identifying three distinct periods: early medical model jurisprudence (2004–2009), transitional incorporation [...] Read more.

The evolution of disability rights jurisprudence in Peru’s Constitutional Court (2004–2024) demonstrates a paradigm shift from medical to social models of disability. This research analyzes key Constitutional Court decisions through documentary analysis, identifying three distinct periods: early medical model jurisprudence (2004–2009), transitional incorporation of international standards (2010–2015), and consolidation of the social model (2016–2024). Findings reveal how the Court’s reasoning evolved from focusing on individual impairments and rehabilitation to recognizing disability as arising from societal barriers. The Court progressively developed sophisticated legal standards for disability discrimination, reasonable accommodation, and recognition of communication rights. Despite significant jurisprudential advancement, implementation challenges persist across institutional contexts, evidencing gaps between progressive legal frameworks and practical application. This study contributes to understanding how constitutional courts can drive paradigmatic shifts in human rights protection while highlighting the limitations of judicial interpretation alone in achieving disability rights implementation. Full article

(This article belongs to the Special Issue Disability Rights and the Law: Ensuring Equal Access and Inclusion for Persons with Disabilities Around the World)

11 pages, 197 KiB

Open AccessArticle

Navigating Uncertain Terrain: Risk of Abuse or Misuse of Psychiatric Epistemic Power in the Face of Uncertainty Without Ethical Reflexivity and Regulation

by Abdullah Yıldız and Berna Arda

Laws 2025, 14(3), 30; https://doi.org/10.3390/laws14030030 - 28 Apr 2025

Viewed by 275

Abstract

In this study, we examine the complex interplay between psychiatric epistemic power and its institutional applications through the phenomenon of “diagnosis removal” in Turkey. Within the constraints of limited mental health legislation, psychiatric diagnostic categories serve both as markers of risk and as [...] Read more.

In this study, we examine the complex interplay between psychiatric epistemic power and its institutional applications through the phenomenon of “diagnosis removal” in Turkey. Within the constraints of limited mental health legislation, psychiatric diagnostic categories serve both as markers of risk and as administrative constructs that can be erased when convenient, presenting paradoxical challenges for healthcare providers and patients alike. Through a systematic analysis of case studies and theoretical frameworks, we explore how bureaucratic authorities can misuse psychiatric diagnoses in employment contexts. The study reveals a significant paradox where psychiatric expertise is simultaneously invoked and challenged, potentially undermining both therapeutic relationships and legal rights. This situation arises from a regulatory vacuum in mental health legislation, further exacerbated by a harm-based approach to mental health issues rather than a rights-based one. Key findings demonstrate how the institutional handling of psychiatric diagnoses creates a treatment disincentive effect, where individuals avoid seeking mental health care due to employment concerns. The analysis also reveals how concept creep and harm-based morality contribute to the misappropriation of psychiatric knowledge in administrative contexts. These findings highlight the urgent need for comprehensive mental health legislation that balances individual rights with public health concerns while protecting the integrity of psychiatric practice from institutional misuse, particularly in employment contexts. Full article

(This article belongs to the Special Issue Regulating Mental Health: Crossing the Rubicon between Care and Control)

38 pages, 1247 KiB

Open AccessArticle

AI Moderation and Legal Frameworks in Child-Centric Social Media: A Case Study of Roblox

by Mohamed Chawki

Laws 2025, 14(3), 29; https://doi.org/10.3390/laws14030029 - 25 Apr 2025

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Abstract

This study focuses on Roblox as a case study to explore the legal and technical challenges of content moderation on child-focused social media platforms. As a leading Metaverse platform with millions of young users, Roblox provides immersive and interactive virtual experiences but also [...] Read more.

This study focuses on Roblox as a case study to explore the legal and technical challenges of content moderation on child-focused social media platforms. As a leading Metaverse platform with millions of young users, Roblox provides immersive and interactive virtual experiences but also introduces significant risks, including exposure to inappropriate content, cyberbullying, and predatory behavior. The research examines the shortcomings of current automated and human moderation systems, highlighting the difficulties of managing real-time user interactions and the sheer volume of user-generated content. It investigates cases of moderation failures on Roblox, exposing gaps in existing safeguards and raising concerns about user safety. The study also explores the balance between leveraging artificial intelligence (AI) for efficient content moderation and incorporating human oversight to ensure nuanced decision-making. Comparative analysis of moderation practices on platforms like TikTok and YouTube provides additional insights to inform improvements in Roblox’s approach. From a legal standpoint, the study critically assesses regulatory frameworks such as the GDPR, the EU Digital Services Act, and the UK’s Online Safety Act, analyzing their relevance to virtual platforms like Roblox. It emphasizes the pressing need for comprehensive international cooperation to address jurisdictional challenges and establish robust legal standards for the Metaverse. The study concludes with recommendations for improved moderation strategies, including hybrid AI-human models, stricter content verification processes, and tools to empower users. It also calls for legal reforms to redefine virtual harm and enhance regulatory mechanisms. This research aims to advance safe and respectful interactions in digital environments, stressing the shared responsibility of platforms, policymakers, and users in tackling these emerging challenges. Full article

(This article belongs to the Special Issue Cybercrime in Global and National Dimensions: Challenges, Impacts, and Solutions)

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Laws, Volume 14, Issue 3 (June 2025) – 7 articles

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