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Ashwini Sharma
Apr 26, 2021
In Maadhyam Law Forum
Moral rights are known to have been recognized for the first time under the German and French civil law traditions - even before they were recognized as special rights under the Berne Convention of 1886. But, like every other idea and concept, moral rights could not have been engendered in a single day. There must have been a growing caucus that may have asserted moral rights before it was recognized in legal systems. Also, considering the fact that moral rights are a bundle of rights, and not a single composite right, it's fair to presume that different elements of moral rights could have been asserted at different points of time. Can someone help me find out the earliest recorded history of someone asserting their moral rights, or perhaps about some localized movement that inevitably got translated into legal recognition of such special rights? If you do come across such instances, it would be great if you could also identify which individual special right was asserted, viz., right of attribution, right of integrity, right of disclosure or right of withdrawal. In case you want to know more about each of those individual special rights, then here is a helpful article explaining those.
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Ashwini Sharma
Apr 10, 2021
In Maadhyam Law Forum
Do you think duty towards fellow beings is something one should be compelled out of moral conviction? Even if your answer is affirmative to that, do you think any individual should be punished for not doing something which the law does not require them to do. Take a look at the following passage. "Abetment by illegal omission is when a person, who is bound to do something legally, refrains from doing so, which leads to an offence. In the case of Kali Charan Gangooly (1873), when the Head Constable even on seeing that his subordinates were about to torture a prisoner for extorting confession, he left the place and did not take any action. His inaction was held to amount to illegal omission." What does it mean to legally refrain from doing something?
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Ashwini Sharma
Apr 10, 2021
In Maadhyam Law Forum
Welcome to the Digital Economy Law Forum This forum is intended to be used by law students, academicians, legal professionals, and any layman who is curious about legal & regulatory aspects in the digital economy. While users are encouraged to participate on topics around Digital Economy, they are free to create any post that sparks their curiosity about the world of law, legal philosophy, and law as a career. 🙂 Ashwini Sharma, Digital Economy Lawyer
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