Lex Humana (ISSN 2175-0947)
Lex Humana (ISSN 2175-0947) was founded in 2009 by faculty members of the UCP Center for Legal Sciences to publish articles resulting from research and investigations in the area of social sciences with a predominant focus on law. Since 2012, it is linked to the Postgraduate Program in Law (PPGD) of the Catholic University of Petrópolis.
From 2009 to 2022, it published its annual issues semiannually. From 2023 on, it will publish quarterly issues.According to the official result of CAPES's Qualis Periodicals 2017-2020, Lex Humana received a B1 grade, achieving its best grade since its inception in 2009.
Lex Humana is indexed in several international databases. See the complete list on the journal indexation page.
- THE MANDATED WILL FOR GRANDSONS WHO HAVE NO LEGAL RIGHT IN THE INHERITANCEpor Ahmad bin Abdulaziz Alshitri el septiembre 13, 2023 a las 12:00 am
The present study aims to examine the legal problems resulting from the mandated will written by a grandfather or grandmother for his/her grandsons or granddaughters after the death of their father during his lifetime. The problem of the study is that sometimes grandfather leaves behind a big inheritance and his son dies before his death; therefore, the sons and daughters of the decayed father have no legal right to share the inheritance of their grandfather under the principles of the Islamic sharia law. Therefore, the present study aims to provide an answer to the following questions: Does the grandfather have the right to write a will that grants his grandsons their father's share in inheritance as if the dead father is still alive? Can such a type of will be classified as obligatory? Or is it commendable as per the Islamic sharia? What are the conditions that make this will obligatory? To answer these questions, the present study draws on the descriptive methodology, which is the study of the cases that underwent the conditions of the father's death before the death of the grandfather, leaving behind sons who are not entitled to inherit because of the Islamic sharia law. The most important finding of this study is that will is commendable rather than obligatory and it can be obligatory if the governor gives order to make it obligatory.
- SOCIOCULTURAL INFLUENCE ON MODERN JOURNALISM IN THE CONTEXT OF SOCIAL AND POLITICAL PERESTROIKApor Putsiata Iryna el septiembre 2, 2023 a las 12:00 am
The article is devoted to one of the problems of the latest journalism, which becomes the most relevant during periods of significant socio-political changes in society. We are talking about socio-cultural influence, its main factors and the conditions for their regulation. This problem is studied by many domestic and foreign researchers who note the importance of journalism as a social institution in times of crisis associated with global events in the life of the country and society. It is currently acute in Ukraine, due to Russian aggression, which provoked rapid changes in many aspects of the country's development and the lives of its citizens. The purpose of the article is to determine the most significant factors of socio-cultural influence on journalism, their causes, features and possible options for regulation. The research methodology is based on a comprehensive interdisciplinary approach, which allows the most complete study of this problem. As a result of the work carried out, conclusions were drawn about the features of the socio-cultural influence on journalism during the period of changing the socio-political paradigm. The need to determine the nature of influences, their dependence on various aspects of the life of citizens and their moods regarding ongoing events, the possible reaction of journalism to the demands of society is emphasized. It has been established that society actually sets the actual topic, the direction of its development in one direction or another. The necessary level of regulation can be achieved through journalistic professionalism and following the journalistic code of honor, that is, an objective analysis of information, an understanding of the positive course of the country's development, the full use of all the functions inherent in journalism, a real assessment of the potential audience (not only personal requests of individuals, but also understanding the needs of the whole society) in order to adjust the generated content.
- CORRUPTION IN THE CIVIL SERVICE AS A THREAT TO NATIONAL SECURITYpor Nadiia Khrystynchenko el agosto 27, 2023 a las 12:00 am
This article deals with the topical issue of corruption in the civil service and its impact on national security. The analysis of the main causes and mechanisms of corruption existing in the sphere of public administration reveals the consequences of corruption on a national scale. The article provides examples of corruption in public service, such as extortion of bribes, abuse of official position, failure to declare assets, and others. The importance of fighting corruption to ensure national security is also highlighted. The author indicated that corruption in the civil service can create serious threats to the country, such as undermining citizens' trust in the government, violation of law and order, promotion of crime and illegal activities, loss of trust on the part of the international community, and others. The article also provides recommendations on preventing and fighting corruption in the public service in order to strengthen the national security of the state.
- EGALITARIAN PARADIGMpor Shruti Singh el agosto 27, 2023 a las 12:00 am
The controversy about the implementation of the Uniform Civil Code has been in news for more than seven decades now and there exist concoction of point of views, where on one hand Uniform Civil Code is supported citing National Integration as a reason whereas on the other hand its implementation presumes that it will be used as a tool to obliterate identity of the minorities of the country. This activist approach of the judiciary is a ray of hope as it has transformed into communal politics. With the rise of majority and minority fundamentalism, the secular consensus is getting diluted and communal violence is escalating. The inconsistency in personal laws has been challenged in the court of law on the touchstone of Article 14 and through judicial activism; the courts have turned in the direction to bring reformation to these laws. This article highlights the gender inequality that persists in different personal laws with respect to marriage and divorce and how reforming of personal laws is not a suitable way to ensure gender justice. The article also discusses the Uniform civil code of Goa and what are the loopholes in it. Finally, the article presents a model code with respect to marriage and divorce that can be adopted to prepare a Uniform Civil Code in India.
- CONCEPTUALIZING INDIVIDUAL AUTONOMY AND MARITAL RIGHTS FOR SAME-SEX COUPLES IN INDIApor Tasnim Jahan el agosto 27, 2023 a las 12:00 am
Personal laws are governed mainly by religious scriptures; since they are related, any variations initiated by the parliament or judiciary are hair-triggering. There are numerous concerns revolving around personal laws and its implication in the present era concerning individual autonomy. One such concern is the individual autonomy of same-sex couples and their marital rights, such as the right to adoption, succession, maintenance, and divorce, among others. It has been a couple of years since the Supreme Court of India recognized and legalized the consensual sex between same-sex couples in the case of Navtej Singh Johar & Ors. v. Union of India. But the rate of acceptance of these couples to live a dignified life in a society is low to none because of the lack of proper rule implementation mechanism. Also, same-sex couples often have to migrate to foreign countries recognizing same-sex marriages to get married and get a legal status of their relationship. The paper will discuss the fundamental rights and the contradicting values vis-a-vis the personal laws concerning the recognition of same-sex couples. The paper will further deal with the loopholes in the current personal laws and suggest frameworks/guidelines to include the different aspects of the marital rights of same-sex couples in the existing legal framework of India.