Hungarian Journal of Legal Studies最新文献

{"title":"Large language models and their possible uses in law","authors":"Péter Homoki, Zsolt Ződi","doi":"10.1556/2052.2023.00475","DOIUrl":"https://doi.org/10.1556/2052.2023.00475","url":null,"abstract":"The paper explores the potential applications of Large Language Models (LLMs) like ChatGPT in the legal field, focusing on how they can enhance access to law. We begin by elucidating the fundamental workings of LLMs and their current and future general applications. The core of our study predicts the utilization of LLMs in various legal domains, especially where tasks like text retrieval, generation, labeling, and classification are prevalent. We argue that tools like ChatGPT could play a pivotal role in these areas. Additionally, we discuss the limitations and customization requirements of LLMs, particularly for legal uses. An experiment conducted by one of the authors, involving a tailored version of GPT for small law firms, serves as a practical example, but building on this, the paper also proposes ways in which LLM-based applications could democratize access to justice, making legal assistance more accessible and efficient for the broader public. This study contributes to the understanding of the intersection between AI technology and legal services, highlighting both the opportunities and challenges in this field.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"328 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140703700","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Right to a modern trial: A new principle on the horizon of the digital age","authors":"András Osztovits","doi":"10.1556/2052.2023.00467","DOIUrl":"https://doi.org/10.1556/2052.2023.00467","url":null,"abstract":"The study presents the most important common features of current judicial systems and argues that the courts are finding it more difficult to fulfil their role in the 21st century in a changing social and economic context. The development of information technology is also challenging the courts, which can only respond adequately by bringing modern technology into the courts themselves, allowing clients to access the courts online, outside office hours, and to receive meaningful, fast and efficient assistance in resolving their disputes. The study proposes that, in addition to the right to a fair trial, the right to a modern trial should be a requirement for the state to ensure that these requirements are met. These two principles, complementing each other, would help to ensure access to justice for clients in the 21st century. The adoption and implementation of this new principle will require a number of legal and technological changes. Yet it is not their implementation that seems the most difficult, but a change in the general legal thinking about the functioning of the courts, according to which the court is primarily a physical place where disputes are settled, and its role is not to provide a wide range of services, but only to deliver judgments.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"3 3","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140702405","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Internal dispute resolution systems: Do high promises come with higher expectations?","authors":"Dóra Pálfi","doi":"10.1556/2052.2023.00469","DOIUrl":"https://doi.org/10.1556/2052.2023.00469","url":null,"abstract":"When e-commerce appeared in the 1990s it brought with it disputes related to its operation. E-commerce is risky as the contracting parties do not even know each other, not to mention the fact that disputes have additional legal difficulties concerning jurisdiction and applicable law. However, e-commerce websites have worked out online dispute resolution (ODR) systems in order to maintain the trust of their users, employing an efficient and impartial method if problems arise from deals made on their website. These internal ODR systems are considered successful as they are faster, cheaper and more appropriate than asking for remedy from the courts.As online marketplaces resolve tens of millions of disputes a year, their influence cannot be avoided. The traditional court system fails to protect consumer rights in high-volume and low-value international transactions in practice. This circumstance raises the question of whether internal dispute resolution systems of private e-commerce sites could develop in such a way that fulfils the minimum procedural fairness requirements for dispute resolution and that is acceptable according to substantial laws. Is justice served in online disputes? Who is responsible for making just decisions, and to what extent can ODR procedures be expected to meet the principles of traditional civil proceedings?","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"64 6","pages":""},"PeriodicalIF":0.0,"publicationDate":"2024-04-15","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"140702826","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Editorial: Challenges of children's rights","authors":"Ágnes Lux, Refia Kaya","doi":"10.1556/2052.2023.00002","DOIUrl":"https://doi.org/10.1556/2052.2023.00002","url":null,"abstract":"","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"8 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-12-14","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139001379","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The competence of the Security Council over situations or disputes arising from human rights violations by a state under Chapter VI of the United Nations Charter","authors":"Mohammad Alipour","doi":"10.1556/2052.2023.00451","DOIUrl":"https://doi.org/10.1556/2052.2023.00451","url":null,"abstract":"The peaceful settlement of disputes is one of the principles enumerated in the Charter of the United Nations, and the Security Council is entrusted with significant powers to achieve this goal. In today's world, accusations of human rights violations have become one of the primary challenges among nations in terms of upholding sovereignty. In accordance with the United Nations Charter, the Security Council may be called upon by the parties to a dispute, the General Assembly, or the Secretary-General, or it can act ex officio to seek a peaceful resolution or adjust a situation through peaceful means. If the Security Council determines that the situation or dispute in question may constitute a threat to international peace and security, it may invoke its powers under Chapter VI of the United Nations Charter. The purpose of this study is to examine the extent of the Security Council's competence and the powers it possesses when carrying out its conciliatory role in cases involving human rights violations by a Member State and conflicts that may arise regarding the interpretation and application of the United Nations Charter.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"12 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139224129","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"An examination of the Child's Right to survival and development in Nigeria – The Boko Haram Insurgency in context","authors":"Anwuli Irene Ofuani-Sokolo, H. Okunrobo","doi":"10.1556/2052.2023.00445","DOIUrl":"https://doi.org/10.1556/2052.2023.00445","url":null,"abstract":"Article 6(2) of the Convention on the Rights of the Child places an obligation on countries to ensure the survival and development of the child. The right underlines the importance of ensuring that children's rights to health, an adequate standard of living, access to basic services and education are respected in all circumstances. In addition, it requires effective national and international implementation.These provisions are included in section 4 of the Child's Right Act to ensure optimum protection for children in Nigeria. Nonetheless, children's rights have been drastically affected by the Boko-Haram insurgency. This has resulted in death, abduction, displacement of, and violence against children. Moreover, the prevalence of malnutrition, food scarcity, diseases, and lack of access to water, sanitation, health care, and education remains a challenge.Accordingly, this paper seeks to examine the efficacy of the laws and policies in place to protect children's right to survival and development in Nigeria. It argues that despite the existing legal and policy framework for protecting children's rights, there has been little focus on the best interest standard in the attainment of the rights of the child. The paper recommends a child-centric approach to adequately provide protection for children in conflict-plagued zones in Nigeria.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"1 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139219833","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"“Humanity's new frontier”: Human rights implications of artificial intelligence and new technologies","authors":"Noémi Nagy","doi":"10.1556/2052.2023.00481","DOIUrl":"https://doi.org/10.1556/2052.2023.00481","url":null,"abstract":"New technologies based on digitalization, automation, and artificial intelligence have fundamentally transformed our lives and society as a whole, in just a few decades. These technologies support human well-being and prosperity by enhancing progress and innovation, however, they also have the potential to negatively impact human rights, democracy, and the rule of law. Discrimination, the violation of privacy, increasing surveillance, the weakening of personal autonomy, disinformation and electoral interference are but a few of the many concerns. This paper examines the specific human rights implications of AI-driven systems through the lens of the most important international instruments adopted by the UN and regional human rights mechanisms. The paper shows how AI can affect the exercise of all human rights, not only a most obvious few. In line with major international organizations, the author calls on decision-makers to take a precautionary approach by adopting AI regulations that are consistent with the standards of fundamental human rights, and that balance the realization of the opportunities with the potential risks which AI presents.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"86 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139215039","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"There is no plan(et) B - environmental “crossroads' of children's rights”","authors":"Gábor Kecskés, Ágnes Lux","doi":"10.1556/2052.2023.00440","DOIUrl":"https://doi.org/10.1556/2052.2023.00440","url":null,"abstract":"It is an obvious statement that children are disproportionately affected by changes in their environment, due to their incomplete maturity, evolving capacities, vulnerabilities derived from their age and special developmental needs. Changes in temperature, air and water quality, and access to proper nutrition are likely to have more severe and long-term impacts on children's health, development and well-being, since they basically determine the enjoyment of the right of the child to a healthy environment. The impacts of climate change clearly undermine the effective enjoyment of the rights enshrined in the UN Convention on the Rights of the Child (hereinafter: UN CRC) and its Optional Protocols, including the rights to life, survival and development (art. 6), to family relations and the right not to be separated from one's parents against one's will (arts. 9–10), the highest attainable standard of health (art. 24), an adequate standard of living (art. 27), education (art. 28), freedom from any form of violence or exploitation (arts. 19, 32 and 34–36), the right to recreation and play (art. 31) and the enjoyment of one's culture (art. 30). The climate crisis has been declared as child rights crisis, although children bear the least responsibility for it.The UN Committee on the Rights of the Child has clearly identified climate change as one of the biggest threats to children's health and has urged States Parties to put children's health concerns at the centre of their climate change adaptation and mitigation strategies.1 Despite data and research explicitly linking environmental harm to child rights violations, increasing knowledge of environmental crises and existing numerous international agreements, the common understanding of the clear relationship between children's rights and the environment is still questionable and obscure.2 In this paper we have gathered the binding international documents which clearly show the close link between children's rights and climate change, and we also analyze the measures taken by the relevant treaty-monitoring body within the field of children's rights. The main outcome of this paper is to give an introduction and an extended overview of the relevant international norms adopted by the environmental ‘crossroads’ of children's rights.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"232 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-28","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139226362","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"Children after war: From moral development claims to welfare and agency rights","authors":"Giorgia Brucato","doi":"10.1556/2052.2023.00437","DOIUrl":"https://doi.org/10.1556/2052.2023.00437","url":null,"abstract":"Within a framework of rights that protects children's interests and seek to balance their developing interests in welfare and agency, I consider how contexts of war impact children's lives to argue that such contexts provide opportunities to advance or set back both the development of moral powers, namely capacities for a sense of justice and a conception of the good, and capacities for autonomy. Besides an interest in satisfying their basic needs and protection, children have an interest in developing their moral powers and growing into autonomous agents. Evidence shows great variation in children's responses to traumatic circumstances, from severe psychological disorders to enhanced resiliency and moral reasoning. As moral powers and autonomy ground the permissibility for paternalistic treatment and the exclusion of children from certain rights, I argue that once the war is over children are entitled to an adequate assessment of how their interests and capacities have changed. For children whose development was set back, states should grant opportunities for recovery and further development, which suggests strengthening welfare and protection rights; while for children whose development was advanced, states should recognize such advancement and grant opportunities for the exercise of their newfound capacities, which suggests granting certain agency rights alongside welfare and protection.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"13 2","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-21","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139251373","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

{"title":"The value of formally undefined norms in the national legislation approximation to EU labour standards: The case of Ukraine","authors":"Olena Rym, V. Kosovych","doi":"10.1556/2052.2023.00455","DOIUrl":"https://doi.org/10.1556/2052.2023.00455","url":null,"abstract":"This paper aims to show the importance of a correct understanding of formally undefined EU labour law norms for the successful European integration of Ukraine. The analysis focuses on legal acts of the European Union. The drawbacks of the inequality of approaches to determining the content of norms with evaluative concepts are highlighted, as is the need to use doctrinal recommendations for the application of evaluative provisions with the purpose of preventing the misconception that evaluative concepts can be interpreted as, and to whom, it pleases. This article thus demonstrates the necessity of the analysis of the case-law of the Court of Justice of the EU, which is rich in the interpretation of evaluative concepts and is considered to help clarify the meaning of many terms of labour law, which, due to their undefined formulation, may cause difficulties in implementing them in the legal system of Ukraine.","PeriodicalId":37649,"journal":{"name":"Hungarian Journal of Legal Studies","volume":"48 1","pages":""},"PeriodicalIF":0.0,"publicationDate":"2023-11-20","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"139259445","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}