Legal aspects of service robotics

The emergent use of service robots in more and more areas of social life raises a number of legal issues which have to be addressed in order to apply and adapt the existing legal framework to this new technology. The article provides an overview of law as a means to regulate and govern technology and discusses fundamental issues of the relationship between law and technology. It then goes on to address a number of relevant problems in the field of service robotics. In particular, these issues include the organization of administrative control and the legal liability regime which applies to service robots. Also, the issue of autonomy of service robots is discussed, which cannot easily be answered under the existing, human-centered legal regime.     

Women's legal knowledge: a case study of Mexican urban dwellers

In Mexico, the nongovernmental organization Sevisio, Desarrollo y Paz, A.C. (SEDEPAC) is helping poor women acquire legal knowledge in an economic climate characterized by the increased feminization of poverty brought about by the Structural Adjustment Program. The Mexican legal system is grounded in a patriarchal tradition, and the codified laws continue to favor men. Women were not granted full citizenship until 1953, and discrimination against women was not addressed in Mexican law until 1974 as the country prepared to host the First UN International Women's Conference. However, legal advances are not being applied in the family or in larger society where men remain in power. Mexico also distinguishes between private law and public law. Because domestic violence falls in the realm of private law, authorities are loathe to follow-up on women's complaints in this area. Since its founding in 1983, SEDEPAC has applied a gender perspective to its activities and programs. SEDEPAC held its first women's legal workshop in 1987 and realized that most poor women have no knowledge of existing laws or their rights, that alternative legal services for women are scarce, that existing laws must be changed, and that the authoritarian and conservative legal system helps maintain cultural stereotypes. Since then, SEDEPAC has held annual workshops, follow-up meetings, and training sessions and has provided counseling. The main topics addressed are women's social conditions; violence and the penal code; civil rights, power, and dependency; women's bodies and reproductive rights; and women's organization and leadership. The workshops use techniques of popular education such as group participation and use of gossip as a communication tool. The workshops have changed participants' lives and led to the formation of an independent Popular Defenders' Coordination.     

School Social Work

Abstract

This article addresses the need for social work students to understand basic legal concepts and their application in social work. It begins with a review of recent literature on teaching law within the social work curriculum. It then reports on the authors' April 1991 survey of accredited MSW programs, which showed that few schools require MSW students to study law, but that curricula have little room to expand. Finally, the article describes a flexible approach to infusing legal content into existing social work courses by focusing on six legal precepts: the definition and regulation of practice; client issues; privacy; advocacy; conflict/liability; and precedents.     

为公用事业市场化经营创造一个良好的法律环境——基于特许经营融资的视角

从特许经营项目可融资性角度,分析我国目前特许经营立法及实践中存在的问题,并就如何提高政府依法行政能力和为公用事业市场化经营创造更好的法律环境提出建议。     

Examining Identity Consolidation Processes Among Ethnic Minority Gay Men and Lesbians

Legal recourse is a vital avenue for many domestic violence victims. For lesbian, gay, and bisexual (LGB) people, these laws have historically been heterosexist. Considering the many states that are now inclusive of same-gender relationships, an existing data set was utilized to examine the influence of sociodemographic predictors on the perceptions of domestic violence law among LGB. Our findings illustrate that nonwhite LGB and those who have negative perceptions of law enforcement have the most negative perceptions of domestic violence legal protections as they apply to same-gender relationships. These findings have implications for service providers, advocacy and outreach organizations, and future research exploring the impact perceptions of legal avenues have on LGB victims.     

The law of migrants

While it is acknowledged that international migration law is attracting increased interest, this law merely describes the conditions of admission, sojourn, employment, and exit of migrants, thus amounting in many respects to a restatement of the law of aliens considered in a different perspective. This article concentrates on the humanitarian aspects of migration law, in an attempt to determine the possibility of joint promotion and dissemination of human rights, international humanitarian law, refugee law, law of migrants, and relief law. Refugees are protected by a series of international legal instruments, both universal and regional, which are complemented, if need be, by resolutions of the competent bodies. 2 reasons why the law of migrants deserves to be highlighted and developed are: 1) we have seen that the characteristic aspects of migration are either ignored or only partially taken into account by existing law, and 2) it is important that individuals should be protected in every circumstance. There exists a relatively narrow basis for joint action; since this must be built on points of convergence, a preliminary step consists of identifying this common denominator. The forms which joint action may take can be less structured and reflected in the individual practice of each organization The sine qua non of successful joint action is an awareness of the enterprise's ultimate goal: to assure in every circumstance better protection for human beings, whatever their legal status may be.     

Protecting and Benchmarking Migrants’ Rights: An Analysis of the Global Compact for Safe,Orderly and Regular Migration

The Global Compact for Safe, Orderly, and Regular Migration (GCM) was to be “guided by human rights law and standards” in recognition of the rights of international migrants, who are currently protected by an overlapping patchwork of treaties and international law. The GCM contains many laudable commitments that, if implemented, will ensure that states more consistently respect, protect, and fulfil the rights of all migrants and also that states incorporate data on migration into a more cohesive governance regime that does more to promote cooperation on the issue of international migration. However, many concerns remain. Using a legal analysis and cross‐national policy data, we find that the GCM neither fully articulates existing law nor makes use of international consensus to expand the rights of migrants. In its first section, this article provides a concise analysis of the GCM's compliance with a set of core principles of existing international human rights law regarding migrants. In the second section, we apply a novel instrument to create an objective, cross‐national accounting of the laws protecting migrants’ rights in various national legal frameworks. Focusing on a sample of five diverse destination and sending countries, the results suggest we are close to an international consensus on the protection of a core set of migrants’ rights. This analysis should help prioritize the work necessary to implement the GCM.     

Seeking Justice: The Strategy of the National Social Action Program

Past efforts at law reform have taken years of consciousness raising. The resulting legislation has been ineffective in reducing men's sexual violence against women and children, in large part because most women are understandably reluctant to go to court. This reluctance comes from recognition of the fundamental failures of the legal doctrine. The judicial response to men's sexual violence can be reformed through the use of existing procedures (e.g., prosecution objections and appeals). This paper describes 3 local actions to start a fast and effective reform of the legal doctrine: Documenting the Outrageous, Challenging the Legal System, and Supporting Victims.     

Seeking Justice: The Strategy of the National Social Action Program

Past efforts at law reform have taken years of consciousness raising. The resulting legislation has been ineffective in reducing men’s sexual violence against women and children, in large part because most women are understandably reluctant to go to court. This reluctance comesfrom recognition of the fundamental failures of the legal doctrine. The judicial response to men’s sexual violence can be reformed through the use of existing procedures (e.g., prosecution objections and appeals). This paper describes 3 local actions to start a fast and effective reform of the legal doctrine: Documenting the Outrageous, Challenging the Legal System, and Supporting Victims.     

Immigration Detention under the Global Compacts in the Light of Refugee and Human Rights Law Standards

The article explores how immigration detention is addressed in the Global Compact on Refugees (GCR) and Global Compact for Safe, Orderly and Regular Migration (GCM) and investigates the potential implications of the compacts on the existing legal framework regulating the use of immigration detention. While Objective 13 of the GCM largely reflects detention‐related standards under international human rights law, the GCR makes only scarce references to detention in §60. Overall, the compacts risk inhibiting gradual endorsement of the norm of non‐detention of children. On the other hand, they rightly restate the priority for alternatives to detention for adults. States should implement the provisions of the compacts in line with their obligations under international human rights and refugee law. The compacts cannot be used as a pretext to lower domestic detention‐related standards or to diminish the validity of the existing framework governing immigration detention.     

青少年法律服从意识的测量

特定的成长阶段与特殊的心理特点决定了青少年有独特的法律意识。研究发现，多数青少年或多或少曾出现过违法行为；青少年服从法律既有工具性的现实利益考虑，也有内规范价值取向的原因；相比较法律的惩罚性后果，同辈评价对青少年法律行为的影响更为显著；青少年的法律服从意识多源于个人的道德判断而非对法律体系的认同；青少年的法律服从更多源于对法律机构的崇拜情结，而不是责任意识。因此，为增强青少年法制教育的实效性。促进其守法行为，必须从他们法律心理的特点入手，重视法律行为的强化，突出价值观的塑造，将同辈压力当作有效资源。     

Legal pluralism and the Shari'a: a comparison of Greece and Turkey

The creation of a national and unified legal system was an important aspect of the rise of the modern state and national citizenship. However, this interpretation of legal rationalization has been challenged by sociologists of law such as Eugene Ehrlich (1862–1922) who claimed that this juridical theory of state‐centred law masked the presence of customary laws outside this formal system. In critical theories of the law, legal pluralism is proposed against the idea of legal sovereignty or legal centralism. In this article we explore the implications of the growth of the Shari'a as an example of legal pluralism. We take Turkey and Greece as two interesting but different examples of legal pluralism and consider the implications of these case studies for debates about liberalism, multiculturalism and citizenship in multi‐faith societies.     

中西法律思想中法律与道德关系比较研究——兼论中国程序正义的理性选择

法律与道德的关系是法学问题研究不可回避的一个重要方面。通过对比探讨中国与西方在法律与道德关系研究上所持的不同的理论观点,提出应从制度层面上将人类的道德理想与原则外化为法律规范。同时,强调程序的重要性和公开性,从而为实现中国司法实践中真正意义上的程序正义提供良好的法制现代化环境。     

Beyond Munchausen by Proxy: A Proposed Conceptualization for Cases of Recurring,Unsubstantiated Sexual Abuse Allegations

In the emerging literature, cases involving recurring, unsubstantiated allegations of child sexual abuse have generally been categorized as Munchausen by proxy. Recent scholars have recommended restricting the label to the original conceptualization, involving purposeful deception motivated by psychological needs for medical attention. This leaves many cases unclassified that do not fit the Munchausen by proxy criteria, involve significant risks to the child, and ultimately fall outside of existing structures for Child Protective Services/legal intervention. This paper presents a reconceptualization of such cases, proposing to label them “recurring sexual abuse allegation” cases. Defining the set of cases more clearly can aid child protection workers in their management and encourage research on prevalence, consequences to children, treatment strategies, and needed legal reforms.     

A legal realist view on citizen actions in Hong Kong's umbrella movement

This article considers the legal validity of citizens' actions in civil disobedience as it pertains to the umbrella movement in Hong Kong. It introduces the critical approach of “legal realism” in order to reconsider normative law, such as police enforcement and court interventions, in relation to political struggle. It has been argued that the legal precepts of rights, responsibility, and the rule of law are capable of contingent and contextually appropriate interpretations by different legal actors, including citizens who participate in civil disobedience. In politics, justice, and most importantly law, civil disobedience offers an alternative legal normativity to consider the citizen's right, and even duty, to express dissent. Furthermore, this right or duty is legally persuasive and conducive to guarding democratic principles.     

Identifying underlying principles in social work law: A teaching and learning approach to the legal framework of decision making

Courses in social work law need to ensure that students know, understand and can apply specific rules of law. However, the sheer volume of law affecting social work and the rapidity with which that law changes require courses in social work law not just to ensure that, but that they are equipped to manage changes in the law. In order to be able to do this, it is argued, the general principles underlying those individual legal rules need to be identified and understood. Students and practitioners need to have educational and professional skills at a higher level of transferability than merely acquiring knowledge of specific legal rules can provide. We use the legal framework of decision making to explain the importance of this approach. The principles of administrative law have been identified as a major component in social work law, and, despite limited exposition in social work law texts, we outline the teaching and learning strategy we have pursued in relation to this topic. |em|We argue that there are thus both educational and practice based reasons for the approach advocated, which we also believe accord with wider imperatives of social work education.     

Social Equality and the Mobilization of the Law

Sociolegal scholars refer to the invocation of law or rules during a dispute as the mobilization of law. Most studies of the mobilization of law focus on the mobilization of law by people in non‐official capacities, particularly by persons of relatively low social status or in positions of social disadvantage. Early studies debated the effectiveness of court‐centered strategies for social justice, examining whether real social change could be achieved through formal judicial means. Scholars now largely agree that law can be effectively mobilized for social change through both direct formal legal action and the indirect radiating effects of legal mobilization. This is because the influence of law goes beyond the courtroom; rights consciousness and legal mobilization help to transform culture and understandings of social status and power. Currently scholars are turning their attention to the mobilization of law within organizations such as schools and workplaces and the mobilization of rights talk and justice talk in unofficial arenas domestically and internationally.     

The Position of the Customs Law in the Legal System

The article considers the position of customs law in the legal system. It starts with changes concerning the phenomenon known as customs policy. The customs policy of the European Union is a foundation of the Union and an essential element in the functioning of the single market. All these changes have to be regulated by law; one of the branches is financial law. It represents a system of legal rules regulating the social and economic relationships that emerge in the process of generating, distributing, and using the centralised and decentralised monetary funds (financial resources) in the environment of the state and of self-governing administrative units, in the interest of providing for financial coverage of the fulfilment of their respective functions. The Slovak legal system and its individual branches including financial law can be characterised on the basis of certain principles. These represent basic goals, rules, and requirements expressing the substance and main focus of a particular branch of law. These principles are described. The second part of the article concerns the position of customs law, which here represents a system of legal rules regulating the social and economic relationships emerging in the process of movement of goods over the customs border. Customs law has its own development and is given a new dimension and dynamics by the common European area in the form of the European Union. The article concludes with the position of customs law, defining it as a subsection of financial law.     

Perceptions of Readiness for Legally Literate Practice: A Longitudinal Study of Social Work Student Views

Law is a prescribed element of the curriculum for the social work degree. Research and development work have included a systematic review, practice survey and curriculum building; however, little evidence exists about the outcomes of teaching and learning of law in social work education, although students report increasing levels of satisfaction. Moreover, doubts remain about how far students acquire legal knowledge and skills in its implementation.

This survey of social work students in seven UK universities measured their law learning and their confidence in using this knowledge. Concept maps and a self-audit questionnaire were used to capture students' understanding and perceptions of this knowledge domain and self-assessments of their legal knowledge and skills. A large sample was achieved across first, second and final year students.

The interface between the legal rules and practice is a site of anxiety and perceived difficulty. In some areas students offer relatively confident self-assessments of their legal knowledge and skills for practising law. However, levels of confidence in other areas of their law learning raise doubts about the degree to which they can advocate for, and protect, service users. Conclusions are drawn about the effectiveness of students' law learning.     

Unobtrusively Stretching Law: Legal Education,Activism, and Reclaiming Title IX

We often understate the work that activists put into crafting movement tools. This article examines the space between legal texts and movement resources in a study of early activism surrounding Title IX. Though often hailed as a feminist law, the Title IX statute and regulations lay out a narrow set of individual rights and incorporate several conservative principles. In an analysis of early social movement mobilization surrounding Title IX by the Connecticut Women's Educational and Legal Fund (CWEALF), we identify a distinctive legal framing technique tied to the often overlooked practice of lay legal education. In a legal education campaign that targeted schools, CWEALF placed Title IX's actual requirements alongside broader feminist ideas about gender socialization and civic responsibility to imply that the law mandated substantially greater reforms, a tactic we call unobtrusively stretching law. This article contributes to research on social movements and legal mobilization by illustrating how legal education can serve as part of the tool-making kit for social movements as they struggle to transform legislative compromises into movement resources.