Studies in Law and Justice

When Algorithms Testify: Addressing the Explainability Gap of AI Evidence in Criminal Cases

2025-05-29T09:01:44+00:00

The expansion of generative artificial intelligence evidence in the field of criminal justice has exposed the structural risks caused by the unexplainability of algorithms. Although existing studies have revealed multiple obstacles, they have not yet touched upon the fundamental crux of the unexplainability of the algorithm. The three predicaments derived from this, namely the disruption of argumentative logic, the loss of focus in the cross-examination process, and the depletion of judicial trust, essentially stem from the subtle tension between the certainty of machine conclusions and their mystery. The solution lies in establishing a transparent evidence generation mechanism, introducing an expert-assisted review system, and setting up traceability rules for training datasets. Through certain system, a dynamic balance is achieved between technological empowerment and procedural justice to prevent the algorithm conclusions from being improperly endowed with transcendent probative force.

An Appraisal of the Role Played by State Courts in Combating Medical Negligence in Cameroon: A Review of Selected Case Laws

2025-06-10T07:25:22+00:00

This paper critically appraises the role of state courts in combating medical negligence in Cameroon through a review of selected judicial decisions. The research adopts a qualitative methodology, relying on doctrinal analysis and case study approaches to explore the effectiveness, consistency and limitations of judicial responses to medical negligence and malpractices. By examining a purposively selected sample of landmark cases from Cameroonian courts, the study assesses how legal principles are interpreted and applied, the adequacy of judicial remedies and the broader implications for patients’ rights and healthcare accountability. The findings reveal a gradual, yet uneven evolution in judicial attitudes towards medical negligence, marked by procedural delays, limited expertise in medical matters and inadequate enforcement of judgments. The paper concludes that while courts have an essential role in promoting accountability and deterrence, there is a pressing need for judicial reforms, capacity building and enhanced legal frameworks to ensure justice for victims of medical negligence in Cameroon.

Legal Responses to Online Hate Speech in India: Evaluating Section 66A and the Supreme Court’s Judgment in Shreya Singhal v. Union of India

2025-07-04T01:28:59+00:00

This paper critically examines India’s legal responses to online hate speech through the lens of Section 66A of the Information Technology Act, 2000, and the landmark Supreme Court judgment in Shreya Singhal v. Union of India (2015). By tracing the evolution of Section 66A from its enactment to its judicial invalidation, the study highlights how vague legal provisions have been employed to suppress dissent in the digital space. The judgment in Shreya Singhal marked a doctrinal shift in Indian free speech jurisprudence by introducing constitutional tests of proportionality, precision, and incitement thresholds. Yet, post-judgment developments reveal persistent regulatory gaps, including the continued application of the repealed law and the emergence of executive-led content regulation under the IT Rules 2021. This paper argues for a reimagined legal framework grounded in rights-based, transparent, and procedurally robust safeguards that respect the normative centrality of freedom of expression in India’s digital democracy.

Mapping the Evolution and Practical Significance of Implied Terms in Contracts: Insights from the United Kingdom and Nigerian Legal Frameworks

2025-07-04T01:30:25+00:00

Since The Moorcock case in 1889, the boat of implied terms has encountered storms and instability from scholarly debates. The key contentious issues orbit around the role of reasonableness, necessity, contract interpretation, and the continued relevance of the traditional tests. Historically, courts have used two main tests to imply terms into contracts: Lord Bowen’s Business Efficacy Test and Lord Mackinnon’s Officious Bystander Test. However, in Belize Telecom Ltd (2009), Lord Hoffmann opined that implying terms in contract is simply part of interpreting the contract as a whole, rather than applying the traditional tests: in response to this approach, a significant weight of judicial authority supports the view that Belize should not be perceived as a relaxation of the traditional tests towards implication of terms. While debates have continued on whether implied terms of fact should be a distinct process or simply part of contract interpretation, the UK Supreme Court in Barton v Morris (2023) held that if a term is sufficiently express, the doctrine of unjust enrichment and quantum meruit cannot be used to imply a term that possibly contradicts the express term––this is somewhat different from the position of law in Nigeria. This article is an illuminating synthesis of these differences: it charts a stable and harmonized course that smoothens out the rough patches which accrued over the years via intense legal polemics.

Judicial Application of the Anti-Domestic Violence Law in Rural Courts: A Case Study of Henan and Sichuan Provinces (2016–2023)

2025-07-04T01:32:14+00:00

This paper investigates the judicial application of China’s Anti-Domestic Violence Law (2015) in rural courts, focusing on selected counties in Henan and Sichuan provinces between 2016 and 2023. Drawing on court documents, policy reports, and NGO data, it explores how local courts interpret and enforce protection orders, navigate evidentiary standards, and reflect embedded cultural norms. Despite the law’s rights-based framework and procedural tools, enforcement in rural areas remains inconsistent, shaped by infrastructural limitations, mediation culture, and judicial discretion. The study reveals that formal legal protection is frequently overridden by informal norms, narrow interpretations of harm, and resource scarcity. The paper calls for a more contextually grounded and gender-sensitive enforcement model that strengthens procedural accountability while reshaping rural legal consciousness.

Thinking of Harm, Surveillance and Corporate Responsibility in Digital Criminology

2025-07-07T01:07:34+00:00

This paper explores how harm, control, and responsibility appear in the digital age, using the 2023 Latitude Financial data breach and technology-facilitated abuse cases as examples. The study applies digital criminology and surveillance theory to understand the hidden and complex nature of modern cybercrime. First, it discusses how hackers use technical methods to attack companies indirectly, and how poor communication after a breach can increase the harm to users. Then, it shows how surveillance tools are also used in private settings, such as domestic violence, to control victims. The paper finds that harm in the digital world is often invisible, long-term, and hard to prevent. It argues that current laws are not enough to deal with these new types of crime. Stronger regulation, better cross-border cooperation, and more attention to surveillance misuse are needed to protect people in digital environments.