Search Results (223)

The ongoing degradation of global forests has severely weakened ecosystem service functions, and traditional judicial remedies have struggled to quantify intangible ecological losses. China has become an important testing ground for restorative justice through the establishment of specialized environmental courts and the practice of environmental public interest litigation. Since 2015, China has actively explored and institutionalized the application of the concept of restorative justice in its environmental justice reform. This concept emphasizes compensating environmental damages through actual ecological restoration acts rather than relying solely on financial compensation. This shift reflects a deep understanding of the limitations of traditional environmental justice and an institutional response to China’s ecological civilization construction, providing critical support for forest ecosystem restoration and enabling ecological restoration activities, such as replanting and re-greening, habitat reconstruction, etc., to be enforced through judicial decisions. This study conducts a qualitative analysis of judicial rulings in forest restoration cases to systematically evaluate the effectiveness of restorative justice in compensating for losses in forest ecosystem service functions. The findings reveal the following: (1) restoration measures in judicial practice are disconnected from the types of ecosystem services available; (2) non-market values and long-term cumulative damages are systematically underestimated, with monitoring mechanisms exhibiting fragmented implementation and insufficient effectiveness; (3) management cycles are set in violation of ecological restoration principles, and acceptance standards lack function-oriented indicators; (4) participation of key stakeholders is severely lacking, and local knowledge and professional expertise have not been integrated. In response, this study proposes a restorative judicial framework oriented toward forest ecosystem services, utilizing four mechanisms: independent recognition of legal interests, function-matched restoration, application of scientific assessment tools, and multi-stakeholder collaboration. This framework aims to drive a paradigm shift from formal restoration to substantive functional recovery, providing theoretical support and practical pathways for environmental judicial reform and global forest governance. Full article

The justice system has increasingly applied AI techniques for legal judgment to enhance efficiency. However, most AI techniques focus on decision-making outcomes, failing to capture the deliberative nature of the real-world judicial process. To address these challenges, we propose a large language model-based multi-agent framework named AgentsBench. Our approach leverages multiple LLM-driven agents that simulate the discussion process of the Chinese judicial bench, which is often composed of professional and lay judge agents. We conducted experiments on a legal judgment prediction task, and the results show that our framework outperforms existing LLM-based methods in terms of performance and decision quality. By incorporating these elements, our framework reflects real-world judicial processes more closely, enhancing accuracy, fairness, and societal consideration. While the simulation is based on China’s lay judge system, our framework is generalizable and can be adapted to various legal scenarios and other legal systems involving collective decision-making processes. Full article

Justice Joseph Story’s Commentaries on the Constitution of the United States (1833) have long been regarded as the scholarly source for a nationalist account of the U.S. Constitution in Antebellum America. Yet recent scholarship has questioned whether the Commentaries should be viewed exclusively as a work of legal scholarship. This article reinterprets Justice Story’s three-volume work as a project of civic education during a period of political and constitutional uncertainty. Written during the Nullification Crisis and in the wake of codification efforts, Justice Story presents his Commentaries for the use of the American public, providing them, and not exclusively lawyers and judges, with a source to support a popular conception of American constitutionalism. Story’s project of civic education is clearly shown by his personal efforts to abridge his Commentaries on three separate occasions to ensure the wide distribution of the work to Americans of different ages, groups, localities, and levels of education. As such, this article offers Justice Story as a guide to contemporary judges who seek to engage in civic education projects. Full article

Semantic modeling of legal reasoning is an important research direction in the field of artificial intelligence and law (AI and law), aiming to enhance judicial transparency, fairness, and the consistency of legal applications through structured semantic representations. This paper proposes a semantic judicial reasoning framework based on the “Data–Information–Knowledge–Wisdom–Purpose” (DIKWP) model, which transforms the conceptual expressions of traditional legal judgment into DIKWP graphs enriched with semantics. The framework integrates the objective content of legal norms with stakeholders’ subjective cognition through a DIKWP×DIKWP bidirectional mapping mechanism, achieving “semantic justice”. Specifically, we define a DIKWP-based legal knowledge representation method and design a mapping algorithm from traditional legal concepts to the DIKWP semantic structure. To validate the effectiveness of the framework, we use a real administrative law case as an example and construct DIKWP (normative content) and DIKWP (subjective cognition) graphs to model legal rules, evidence, and various perspectives. The results indicate that the intention-driven semantic transformation mechanism can harmonize legal reasoning with stakeholders’ cognitive backgrounds, thereby enhancing the interpretability and fairness of judicial interpretation. Case analysis further demonstrates that reasoning within the DIKWP semantic space can reveal underlying assumptions, bridge cognitive gaps, and promote judicial fairness by aligning legal intentions. This study provides new theoretical and methodological support for the explainable reasoning of intelligent judicial systems. Full article

Famed lawyer Clarence Darrow (1857–1938) argued strongly for an early-life public health approach to crime prevention, one that focused on education, poverty reduction, and equity of resources. Due to his defense of marginalized persons and his positions that were often at odds with his legal colleagues and public opinion, he was known as the Big Minority Man. He argued that the assumption of free will—humans as free moral agents—justifies systems of inequity, retributive punishment, and “unadulterated brutality.” Here, the authors revisit Darrow’s views and expand upon them via contemporary research. We examine increasingly louder argumentation—from scholars across multiple disciplines—contending that prescientific notions of willpower, free will, blameworthiness, and moral responsibility, are contributing to social harms. We draw from biopsychosocial perspectives and recent scientific consensus papers calling for the dismantling of folk psychology ideas of willpower and blameworthiness in obesity. We scrutinize how the status quo of the legal system is justified and argue that outdated notions of ‘moral fiber’ need to be addressed at the root. The authors examine recent arguments for one of Darrow’s ideas—a public health quarantine model of public safety and carceral care that considers the ‘causes of the causes’ and risk assessments through a public health lens. In our view, public health needs to vigorously scrutinize the prescientific “normative” underpinnings of the criminal justice system. Full article

This article reframes sustainability transitions by positioning the deliberate deactivation of fossil fuel infrastructures—such as coal plants, oil fields, and pipelines—as a central mechanism of systemic change. While prevailing approaches often emphasize renewable energy and innovation, they tend to neglect how existing fossil systems are actively maintained by powerful networks. We argue that sustainability transitions require not only building alternatives but also deactivating entrenched fossil infrastructures. To address this gap, we propose an analytical framework that conceptualizes deactivation as a contested socio-political process shaped by antagonistic interactions between fossil blocs—coalitions of incumbent agents defending fossil infrastructures—and emerging deactivation networks working to disable and dismantle them. Drawing on six illustrative cases from diverse contexts, we examine the legal, institutional, narrative, and spatial mechanisms through which deactivation is either enabled or obstructed. We also introduce an interdisciplinary methodology that combines path tracing, social network analysis, and qualitative comparison to analyze how these dynamics between fossil blocs and deactivation networks evolve over time. This article contributes to the sustainability transition literature by demonstrating that the deactivation of fossil infrastructures is a political, material, and justice-oriented process, one that is essential to ending fossil fuel dependency and enabling sustainable futures. Full article

Fifty million Americans, nearly 15% of the population, live below the federal poverty level, often facing civil legal issues without representation. Historically Black Colleges and Universities (HBCUs) have long served as economic engines and vital resources for their communities. HBCU law schools uphold this legacy by preparing students for legal careers while instilling a commitment to service, particularly for underserved citizens who lack access to quality legal representation. This research examines the dual mission of HBCU law schools—educating students and serving local communities—through a systematic document analysis of publicly available materials and literature on law school clinical programs. The findings identify four key community performance indicators that define the community impact of HBCU law schools: advocacy, engagement, client outcomes, and representation. These indicators reflect a shared commitment across all institutions to addressing systemic inequities through clinical legal education, reinforcing the role of HBCU law schools as both training grounds for future attorneys and essential pillars of justice in their communities. Full article

The COVID-19 pandemic exposed critical deficiencies in the United States’ legal system’s handling of emergency injunctions, particularly concerning religious freedom. This article examines the challenges courts faced in balancing public health measures with constitutional rights, focusing on the use of shadow dockets and the frequent dismissal of cases due to mootness. Analyzing key Supreme Court decisions and lower court rulings, we highlight the inconsistencies and delays that arose when addressing First Amendment challenges to pandemic-related restrictions. Arguments for procedural reforms, including expedited hearings and avoiding mootness dismissals in cases of national importance, are provided to protect fundamental rights during future public health crises. Full article

Ritual slaughter—understood as the killing of animals without prior stunning for religious purposes—constitutes a legally and ethically intricate domain, situated at the intersection of animal welfare, freedom of religion, public health, and consumer protection. This review offers a critical examination of the influence exerted by international and supranational jurisprudence—most notably the case law of the Court of Justice of the European Union—on the regulatory landscape governing ritual slaughter. While the right to religious freedom enjoys robust protection under European constitutional and human rights frameworks, recent judicial decisions have affirmed the legitimacy of national legislative measures mandating pre-slaughter stunning, insofar as such measures pursue objectives of animal welfare and transparency in the public interest. Particular attention is devoted to seminal rulings originating in Belgium and within the broader EU context, with a focus on the application of the principle of proportionality as a legal mechanism for balancing colliding fundamental rights. The analysis further engages with the scientific and ethical discourse surrounding animal suffering and the legal obligations tied to consumer information and labeling. Taken together, these developments reveal an emergent trajectory within EU law toward the progressive tightening of regulatory standards governing ritual slaughter, shaped by an evolving jurisprudential understanding of animal welfare imperatives. Full article

Background: Forensic investigation of child homicides presents unique challenges due to the vulnerability of children and the complexity of distinguishing between natural, accidental, and intentional manner of death. A multidisciplinary approach integrating traditional forensic methods with emerging technologies is crucial to ensure accurate diagnosis and effective legal outcomes. Methods: This review examines current and emerging forensic techniques used in neonate, infant, and older child homicide investigations. It highlights advancements in postmortem imaging, histological examination, microbiological analysis, toxicology, and molecular autopsy. Results: Traditional forensic autopsy remains the cornerstone of child homicide investigations, providing critical insights into external and internal injuries. Histological examination enhances diagnostic accuracy by detecting microscopic evidence of trauma and infectious diseases. Postmortem imaging techniques are complementary for better identifying fractures, soft tissue injuries, and vascular abnormalities. Forensic toxicology plays a key role in detecting poisoning, while postmortem microbiology aids in identifying infectious causes of death. Furthermore, advancements in molecular autopsy and genetic testing have significantly enhanced the identification of hereditary conditions linked to sudden unexplained deaths in children, especially in cases involving multiple child fatalities within the same family, where forensic investigations are needed to accurately differentiate between natural causes and potential criminal involvement. Conclusions: A multidisciplinary approach incorporating traditional autopsy with postmortem imaging, histological examination, toxicology, postmortem microbiology, and molecular autopsy is essential for comprehensive forensic analysis, promoting both justice and prevention of fatal child abuse/homicide. Future research should focus on standardizing forensic protocols and exploring the potential of artificial intelligence (AI) in forensic investigations. Full article

Background: The United States has the highest number of immigrants in the world, with over 46 million foreign-born residents as of 2022. A growing number of migrants originate from Latin America, driven by factors such as economic instability, food insecurity, and crime. This study explores their experiences and perceptions regarding trust in the criminal justice system (CJS) in both their home countries and the United States. Methods: This study surveyed 500 migrants at a transitional institution in a U.S.–Mexico border city in the summer of 2023. The survey assessed confidence in law enforcement, immigration officers, courts, and government institutions using a 5-point Likert scale. Results: Migrants reported significantly higher confidence in the U.S. CJS compared to that of their home countries. Multivariate analysis revealed that satisfaction with border officials, documentation status, English proficiency, and health were positively associated with confidence in the U.S. CJS, while employment status, traveling with family, and fear of crime correlated with lower confidence. Conclusions: This study highlights the stark contrast in migrants’ confidence levels between their home countries and the U.S. criminal justice system. While migrants view the U.S. system as more legitimate, challenges such as fear of crime and legal uncertainties persist. Full article

Blockchain technology has evolved beyond financial transactions to revolutionize trust systems. This paper presents a blockchain-based model for decentralized rental agreements and dispute resolution (DRADR). By leveraging smart contracts and implementing two distinct arbitration approaches, our model offers flexible solutions for rental agreement automation, transparency enhancement, and impartial dispute resolution. Our study provides a comprehensive technical analysis of both approaches through theoretical frameworks, smart contract implementation, game-theoretic modeling, and comparative evaluation across multiple legal jurisdictions. We explore the potential of blockchain technology to address long-standing challenges in traditional rental systems, such as power imbalances, inefficiencies, and legal disputes. Key contributions include the integration of decentralized and local justice systems; a detailed game-theoretic analysis of strategic behaviors; and comparative insights into gas efficiency, economic viability, and jurisdictional adaptability across both arbitration approaches. This research paves the way for a more equitable and transparent rental market and contributes to the broader acceptance of blockchain-based solutions in everyday transactions. Full article

While American magisterial teaching has continuously cast abortion as part of a consistent ethic covering a comprehensive and interrelated set of issues affecting human life and dignity, the teaching also entails a set of tensions between the single issue of abortion and the larger framework, and this has been resolved by insisting that the legality of abortion affects all other issues and so deserves special focus; this focus has played out in public policy with detrimental consequences. This essay argues that if the bishops’ goals truly are a reduction in abortions, the promotion of respect for life and human dignity, and the promulgation of a truly comprehensive and consistent ethic, then there must be a change in their approach. This change would consist of a focus on the unintended lethal impacts of illegality, more grassroots arguments aimed at changing cultural attitudes, and more support—in both rhetoric and action—for measures that work, including but not limited to the myriad levels of structural justice for the poor and women in particular. These actions would, in turn, reinforce the consistent ethic. Further, the bishops should disavow a single-issue approach and move toward an actually comprehensive approach to public policy. Full article

In Chile, lesbian-parent families have faced legal and social advancements as well as challenges, generating new dynamics through assisted reproduction. The reproductive justice framework allows for an analysis of the inequities and injustices experienced by LGBTIQA+ people in relation to their reproductive rights. Objective: To analyze the narratives of lesbian-parent families who have accessed parenthood through assisted reproduction techniques within the Chilean healthcare system, identifying barriers and facilitators in the process, as well as possible instances of discrimination. Methodology: This research adopted a qualitative approach with a descriptive scope and was based on a constructivist paradigm, utilizing a narrative design and analysis. Four lesbian-parent families participated, selected through purposive or convenience sampling. Results: The findings revealed that the main barriers were related to health insurance coverage and social and geographical factors. Among the key facilitators were support networks, educational level, and healthcare professionals’ guidance. Discussion: The study highlighted the presence of inequalities affecting the exercise of parenthood and the right to form a family, shaped by institutional and social barriers from a reproductive justice framework. Conclusions: The study underscores the need to advance inclusive public policies and systemic changes that recognize and protect family diversity in Chile. Furthermore, it highlights the role of narratives as a tool to make visible and challenge the inequalities surrounding lesbian parenthood. Full article

This article presents a novel methodology for auditing urban regulatory frameworks through the application of artificial intelligence (AI) using the case of Greater Santiago as an empirical laboratory. Based on the semantic analysis of 31 communal zoning ordinances (Planes Reguladores Comunales, PRCs), the study uncovers how legal structures actively reproduce socio-spatial inequalities under the guise of normative neutrality. The DeepSeek-R1 model, fine-tuned for Chilean legal-urban discourse, was used, enabling the detection of normative asymmetries, omissions, and structural fragmentation. Key findings indicate that affluent communes, such as Vitacura and Las Condes, display detailed and incentive-rich regulations, while peripheral municipalities lack provisions for social housing, participatory mechanisms, or climate resilience, thereby reinforcing exclusionary patterns. The analysis also introduces a scalable rubric-based evaluation system and GIS visualizations to synthetize regulatory disparities across the metropolitan area. Methodologically, the study shows how domain-adapted AI can extend regulatory scrutiny beyond manual limitations, while substantively contributing to debates on spatial justice, institutional fragmentation, and regulatory opacity in urban planning. The results call for binding mechanisms that align local zoning with metropolitan equity goals and highlight the potential of automated audits to inform reform agendas in the Global South. Full article