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Showing posts from February, 2019

Owner of the Artworks Created by AI

Harshita Sonkar, Undergraduate Student,  Dr. Ram Manohar Lohiya National Law University,  Lucknow
Artificial Intelligence, which was fiction in the 1950s, is more science and less fiction these days. AI can already compose music; write lyrics; write scripts for movies and can paint too. Recently, Nature Morte Gallery in Delhi hosted India’s first artwork exhibition created by Artificial Intelligence. As the artworks created by AI are becoming ubiquitous, the question arises, who holds the authorship of the work; creator of the machine, human or the machine itself. For a work to be copyrightable it must meet the ‘modicum of creativity’, standard setup by the Hon’ble Court in EBC v. D. B. Modak, in this case court stated that minimal degree of creativity should be there in the work. Another essential element is the involvement of human skill, because it is considered that creativity is a human phenomenon. In th…

Jurisprudential Entrepreneurship: An Adversity that Enforces Opportunity to Limitations in Legal Theory

Abhivardhan Human resonance and material footprints manifest their societies and its artefacts. Law, is the ultimate artefact, which cultivates and matures humanity and its institutions not limited to the linearity or hierarchy of legal semantics, which is represented with extraneous restrictions imposed on the observant diabolic limitations in the application apparatus and domain of jurisprudential space of human society. It is somehow limited to the insight of what exact human society we are focusing on and to what dynamism is the human instrument, object, subject or void is under discretion. This enables to develop the field of Law, in its core origins way vague and underdeveloped. Thus, the realm of restrictive approach seems to be conflicting towards a cultivable and justifiable development of the legal system and democratic and non-democratic societies. It even affects the course of International Law. This article provides a special introduction to t…

Beyond an Overton Window at a Capitalism of Information: Legitimacy at a Political Process in Indian Democracy

Democratic backsliding is certainly different from a constitutional backlash that we face and manipulate in a democracy like India either being a part of the government or the public. However, there is a certain presence of a due escalating Overton window as in other democracies, which is politically conducive and rather beyond the paradigm of a restriction deemed to be omnipresent and vaguely damaging. India, at the enormous settlement of owning a network of information identities, with its due multiplicity of dimensions that are discernible in its political process present and overbearing, when it comes to its own democratic factions in a rather undemocratic parliament, needs to rejuvenate its aspects with regards the political, social, ethnic and individual conundrums that fragment the democratic aspects of human rights, political consciousness and social awakening. Law, in its constitutional sense, from defining privacy rights to determini…

The Catastrophe of Child Labour - Evaluation of ​Complications and Suggestive ​Approach

Aryakumari Sailendraja
Madhusudan Law College,
Cuttack, Odisha. “There can be no keener revelation of a society’s soul than the way in which it treats its children.”                                                                                                           -Nelson Mandela Children are an exceptional, indispensable and exquisite gift of divinity. They are always influenced by their dreams with their nature of innocence, self-confidence and honest thoughts. Every child has his or her own personal rights by birth. Children’s rights include their Right to association with both parents, human identity as well as the basic needs for physical protection, food, universal state-paid education, health care and criminal laws appropriate for the age and development of the child, equal protection of the civil rights and freedom of children from discrimination on the basis of race, gender, national origin or other discriminative characteristics. But thes…

International Legal Response towards Countering Terrorism: An Eye Intercepted

Sai Krishna Kumar, ISIL
Aditya Joshi, Faculty of Law, Delhi University
Terrorism is seen as a widespread disruptive force by governments across the globe. The term terrorism cannot be defined in a simple or lucid manner as it has been constantly evolving and has a big history attached to it the inception being seen from the French revolution, but then as in, it was a positive concept and did not have a negative baggage as it has in its current form. Terrorism has helped in shaping the world history and every person has a different view of looking at its emergence, need, cause and effect.
Through this article the perspective is to define terrorism, lay down importance of countering terrorism while focusing on various aspects covering human rights, international treaties and coming together of international community for achieving global peace and sustainable goals.
Introduction Last few months have seen nations like France and the United Kingdom became the victims of terror attacks. Wh…

Emotions and International Law: The Pro-Globalization System of Political Remanence to Identity

International Law, as a practical realm, developed from its boundaries of diplomacy to bigger contractions of powers and legacies, defining and replenishing the purpose of states, their people and the attributed institutions to resemble and discover newer avenues of systematic semblance. The age, when at the verge of a constitutional semblance is attempted by the formation of United Nations, in the 21st century, however, the cycle of Aristotle is perhaps changing its due relevance, and certainly, this is not fictitious. Unlike World War II, conscience and choice has an equilibrium to construct and improve human rights as an outfit for humanity and a resemblance to the principles of sovereignty in international life.
However, at the verge of data-driven hegemonies of economic purge, it is certainly interesting to seek as how identity is going to control society, state institutions, and to a very imperative yet limited extent, the international …

Data Fiduciary and the Delusion of Free Will

Ashit Kr. Srivastava,
Asst. Professor,
National Law University, Odisha, Cuttack.
This is a part of a series of small notes delivered unintentionally in the reminiscing yet fading memory of Immanuel Kant, a philosopher of the future born in the past. An irony goes well with a grin. The intentional escapism of society from the horrors of World War II landed them to the idea of ‘Free Will’, I am not claiming that the idea of ‘Free Will’ was discovered or evolved after the World War II but rather it was resuscitated to life after WWII. Where after, people started realizing the importance of human rights and human dignity; with which raised the giant of ‘Free will’. India too being an unwarranted participant happily embraced the new era of jurisprudence. And quite articulately knitted together a pro-human rights regime under the aegis of Article 21; however, the credit of much of the hard work needs to be given to the Indian Judiciary which has toiled in no less a brick for formalizing this…