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Children’s Rights in the Early Childhood Education Curriculum and Activity Book in Türkiye
Full text linkThis research evaluates the representation of children’s rights in the Early Childhood Education curriculum and Activity Book in Türkiye. Content analysis was used to assess the scope, depth, and frequency of children’s rights-related learning achievements in both the curriculum and the Activity Book, revealing that these achievements do not explicitly emphasize children’s rights in areas such as cognitive, language, and motor development. However, 11 out of 17 social-emotional development objectives and 116 activities indirectly addressed children’s rights. The research suggests a need for the explicit inclusion of fundamental rights in the curriculum and the Activity Book, tailored to children’s age, enhancing skills in conflict resolution, safety awareness, empathy, and opposition to rights violations.
Keywords: early childhood education; children’s rights; human rights; content analysis
Aesthetic Verdicts: The Intersection of Art Critique and Law in Whistler v Ruskin
Full text linkThis article examines the landmark 1878 defamation case of Whistler v Ruskin, a pivotal legal battle that underscored the complexities of adjudicating art criticism under defamation law. The trial arose from John Ruskin’s scathing critique of James McNeill Whistler’s work, which led Whistler to sue for libel, seeking validation not just of his art but of his artistic philosophy. Despite the public fascination and Whistler’s tactical use of the trial as a platform for self-promotion, the jury’s award—a derisory farthing—hinted at their view of the lawsuit as frivolous. This case emphasizes the intrinsic challenge of legal systems grappling with subjective art valuation and critiques, the evolving norms of defamation, and the implications for the freedom of speech. While Whistler nominally won, the repercussions for both men were significant, affecting their finances, reputations and positions within the art world, and the trial’s legacy continues to inform the discourse around art, law and cultural value.
Keywords: James McNeill Whistler; John Ruskin; Victorian libel law; defamation; art criticism; aesthetics; 19th-century British art; fair comment
The UNCRC and the Holy See: How Issues of Statehood, Attribution and Immunity Constrain Children’s Rights
Full text linkThis contribution analyses the complex problems arising from the application of the United Nations Convention on the Rights of the Child (UNCRC) to the Holy See. Taking the continuous scandal of sexual abuses on children within the Catholic Church as a case study, it highlights the still persistent tension within international law between the protection of sovereignty and the full enjoyment of human rights, including children’s rights. To this end, after a preliminary analysis of the Holy See’s sui generis international legal personality, this contribution investigates two issues that prevent the Holy See from being held responsible for violation of children’s rights under international law. First, it examines the attribution of the conduct of local bishops/priests accused of sexual abuses worldwide to the Holy See, also in light of Pope Francis’ latest institutional reforms. Second, it addresses the immunity granted to the Holy See in these circumstances, thus questioning the rationale of such immunity when children are involved. Indeed, this article argues that, despite the Holy See having ratified the UNCRC (Article 34 of which calls on parties to protect the child from all forms of sexual exploitation and sexual abuse), children’s rights and their best interests are generally ignored when the sexual abuse plague within the Church is encountered in international fora.
Keywords: UNCRC; Holy See; Vatican City State; international law of responsibility; immunity; sexual abuses
What about Insurance Law Principles? A Comment on the South African Case of African Unity Life Limited v Prosper Funeral Solutions Case No 2021/55922
Full text linkThis article discusses the legal implications of an insurance net premium. A net premium refers not only to a single premium but also to premiums in the aggregate, commonly referred to as a loss ratio calculation. This calculation is relevant to a specific agent of an insurance company, namely a binder holder, the equivalent of which as regards Lloyd’s of London is a cover holder. A binder holder is a South African approach to a cover holder and acts as an insurance company without an insurance company licence in order to, for example, draft policy wordings, and accept or reject claims. The article discusses an instance where the court did not consider the importance of a binder holder and a net premium, nor the importance of a bordereau and how it related to the business activities of Prosper Funeral Solutions.
Keywords: cover holder; binder holder; net premium; loss ratio; acknowledgment of debt; bordereau; premium collection company
Zhang Wanhong (张万红), 1976-2024
Full text linkAmicus Curiae is pleased to republish below a memorial note commemorating the life and work of the very distinguished Chinese legal scholar Professor Zhang Wanhong, of Wuhan University. Professor Zhang passed away earlier this year. The note came to our attention in The China Collection (formerly Chinese Law Prof Blog) an important forum for posting news and other materials on China’ s legal development. We thank the authors for kindly giving Amicus Curiae permission to republish the commemorative note
Law without Lawyers, Lawyers without Law
Full text linkLuca Siliquini-Cinelli thinks that there can be law without lawyers. American legal realism thinks that there can be lawyers without law. The truth is perhaps somewhere in between. Law forces individuals to fit into categorical rules. Focusing on its Procrusteanism leads one to imagine the possibility of law without lawyers: law is a set of rules, albeit a complex set, that can be applied consistently to a whole array of situations. But law can also take on shifting shapes and forms to suit the circumstances. Focusing on its Proteanism leads one to imagine the possibility of lawyers without law: law is just whatever lawyers make it out to be. Perhaps law is somewhere between Procrustean and Protean. Therefore, Siliquini-Cinelli and American legal realism may, each, be half-right.
Keywords: legal realism; law; lawyers; logic; knowledge; experience; Holmes
The Need to Update the Equality Act 2010: Artificial Intelligence Widens Existing Gaps in Protection from Discrimination
Full text linkThe use of artificial intelligence (AI) to produce decisions about individuals can result in discrimination. Despite the fact that the employment of AI as part of the decision-making process is growing in the United Kingdom, there is limited literature examining gaps in legal protection in the Equality Act 2010 that the employment of AI gives rise to. This article identifies what assumptions contained within a number of provisions of the Equality Act 2010 result in this legislation having gaps in legal protection in the context of the use of AI. It proposes a number of solutions.
Keywords: Equality Act 2010; discrimination; artificial intelligence; digital; algorithmic; decision-making
