Journal of Law, Society and Authority

From Orientalism to Neo-Orientalism: A Study of the “Other”

2026-03-04T22:09:49+00:00

Edward Said’s Orientalism revolutionized Western scholarship by exposing its deep-seated biases in studying non-Western societies, particularly the Arab-Islamic world. His critique revealed how Western narratives dehumanized the "Orient" through exaggerated differences, exoticization and imperialist assumptions. This intellectual framework, Said argued, distorted objective scholarship, allowing Western scholars to claim superior knowledge over the very societies they studied. This paper examines Said’s arguments and their enduring impact on Political Science, Political Philosophy and International Relations. It explores how Orientalist discourse persists in shaping Western narratives, particularly in the post-Cold War era through scholars like Fukuyama and Huntington, as well as in studies on terrorism and democratization efforts in the Arab-Islamic world. Finally, it analyzes the evolution of Orientalism in its modern, neo-Orientalist configuration, which continues to influence global politics and academic discourse.

Beyond Fault–Based Liability: Adapting Algeria’s 1975 Civil Code to Autonomous AI Systems

2026-03-04T22:09:47+00:00

The 1975 Civil Code of Algeria governs tort liability through Articles 124–140, establishing a fault–based regime (responsabilité pour faute) supplemented by strict liability for damage caused by “things” (responsabilité du fait des choses, Article 138). However, this framework predates artificial intelligence (AI) systems that exhibit autonomous decision–making, algorithmic opacity, and unpredictable outcomes. As Algeria advances its National AI Strategy (2020–2030) and deploys AI across healthcare, finance, and public administration, victims of algorithmic harm confront evidentiary barriers proving faute (fault) and lien de causalité (causation) given the “black box problem.”

This article examines whether the Algerian Civil Code adequately addresses AI related damage or requires legislative reform. It evaluates three doctrinal pathways: (1) extending Article 138 strict liability to autonomous algorithmic systems, (2) adopting presumption of causality for high–risk AI (modeled on EU AI Act Article 6), and (3) introducing mandatory liability insurance for AI providers (EU AI Act Article 28).

A comparative doctrinal analysis of the Civil Code Articles 124, 138–140 is done in this article against the European Union’s AI Act (Regulation 2024/1689) and AI Liability Directive (Proposal COM/2022/496), and then triangulated with South African delictual liability frameworks and Maliki jurisprudence principles (qawa’id fiqhiyya: la darar wa la dirar).

Article 138 “things” (choses) liability does not accommodate AI systems hybrid software–hardware nature, algorithmic autonomy ruptures traditional causation chains, and Algeria lacks statutory AI insurance mandates. This creates compensation adequacy gaps.

This article proposes three Civil Code amendments: (1) Article 138 expansion by defining AI systems as choses dangereuses (dangerous things) triggering strict liability, (2) new Article 124–ter introducing rebuttable presumption of causality for high–risk AI (healthcare diagnostics, credit scoring, administrative decision–making), and (3) Insurance Law No. 95–07 amendment mandating minimum coverage thresholds for AI providers.

Algerian AI Council should convene a Civil Code Reform Working Group (2025–2026) to draft implementing decrees, drawing on EU AI Act operational experience and African Union Digital Transformation Strategy regional harmonization efforts.

The Arrest Warrant for Russian President Vladimir Putin: A Legal Analysis of the ICC's Jurisdiction and the Challenges of National Sovereignty

2026-03-04T22:09:45+00:00

This article provides a comprehensive analysis of the unprecedented arrest warrant issued by the International Criminal Court (ICC) for Russian President Vladimir Putin in March 2023. The warrant, concerning war crimes involving the unlawful deportation of children from Ukraine to Russia, represents a critical juncture for international law. The analys is begins by dissecting the ICC's contested jurisdictional basis. Since neither Russian or Ukraine are states parties to the Rome Statute, the Court's authority derives from Ukraine's ad hoc declarations accepting its jurisdiction, a mechanism under Article 12(3) of the Statute. This foundation is crucial for the Prosecutor's investigation, initiated following referrals from numerous member states.

The article then scrutinizes the legal merits of the specific charges, arguing that focusing on the deportation of children provides a strong, legally clear case that is less susceptible to political accusations of being a "pretext" for invasion-related charges. A central tension explored is the clash between the principle of head-of-state immunity—a cornerstone of the West phalli an system of state sovereignty fiercely defended by Russia and others—and the emerging norm of international criminal accountability for core crimes. This is framed within scholarly debates and precedents, most notably the ICC's prior pursuit of Sudan's Omar al-Bashir, which exposed the immense enforcement challenges when a suspect remains within their own territory or enjoys powerful allies.

Ultimately, the study concludes that while immediate enforce mentis improbable, the warrant's significance is profound. It serves as a powerful symbolic tool that diplomatically isolates a sitting head of state, establishes a historical record of criminality, and reinforces the principle that impunity for atrocity crimes is not absolute, there by straining but potentially strengthening the fragile framework of global justice.

The Liptako-Gourma Charter Establishing the Alliance of Sahel States: A New Instrument of Collective Security in Africa?

2026-03-04T22:09:44+00:00

Security has been a major concern for the Sahel states. The diversity of illicit activities poses a significant threat to their borders. This, combined with the inability of international organizations to guarantee peace and security and the failure of previous initiatives, has led to significant internal political upheaval in the countries of the "three borders" zone. This chaotic security situation explains why the Alliance of Sahel States was created by the Liptako-Gourma Charter. The Liptako-Gourma Charter establishing this Alliance would be a new instrument for collective security. This instrument presents itself as an innovative collective security architecture due to its fight against asymmetric threats. The objective is to assess its contribution to building collective security in Africa. From this perspective, it is an African original. To achieve this objective, a theoretical, comparative, and deductive approach is necessary. It has adopted a mechanism for mutual assistance in the event of state-sponsored or non-state aggression. This security framework has significant implications. Not only is it supported by other security architectures, but it also remains incomplete. Its incompleteness even calls into question the ability of member states to intervene on its basis. The expected results of this study are to clarify the deficient provisions and to be able to reposition the charter within the continental security framework.

Pax Sudafricana, Pax Quanta: Mandela’s Foreign Policy as a Forerunner of Quantum Diplomacy : Between Reintegration into the Multipolar Order and Resistance to the New World Order through the Endorsement of Market Communism

2026-03-04T22:09:42+00:00

South African foreign policy deserves, in these times of the fall of the new world order, to be re-examined, as does all the continent's diplomacy, in the light of a quantum revisionism, id.est, of the power games that clashed between the deep state and the legitimate government in power. We are able, in fact, to reveal that Mandela, like a large number of African leaders, belonged to both the Order of Malta and three Ur lodges (Hiram Rhodes Revels, Arjuna-Phoenix, Thomas Paine), namely the ideological superstructures on which the deep state is based. Does this mean that the father of the rainbow nation was a traitor, as his detractors crescendo? No, we would argue that he was, on the contrary, a Machiavellian strategist, using force symbolized by the lion and cunning embodied by the fox, in order to use the metaphor of the Prince working in a revolutionary way for a quantum diplomacy, i.e., a foreign policy combining the truth of idealism and the pragmatism of reconciliation, announcing the emergence not so much of a smart power as of what we would call a quantum power. Since 1994, South African foreign policy has been considered by scholars to be composed of three interdependent concentric circles, namely the regional, continental and global levels. A fourth circle will be unveiled in the form of the ethno-national, as it will be shown that Madiba ingenuously decided his foreign policy by integrating the power relations shaping the South African Tower of Babel.

A Novel Approach to the Concept of Wrong (Unrecht) in Hegel’s Philosophy of Right within the Framework of the Iranian Constitution

2026-03-04T22:09:41+00:00

The concept of wrong (Unrecht), a cornerstone of Hegelian philosophy, encapsulates injustice in its legal, social, and philosophical dimensions, revealing the fractures that threaten the ethical and rational coherence of society. Its significance lies not only in diagnosing the roots of injustice but also in offering pathways for its resolution. Simultaneously, the Iranian Constitution, as a comprehensive legal framework, emphasizes social justice, the eradication of discrimination, and the protection of rights, providing a fertile ground for a comparative study that intertwines philosophy with constitutional law. This research seeks to address the question: Are the principles of the Iranian Constitution related to the various dimensions of Hegel’s wrong (Unrecht)? The primary hypothesis asserts that these principles, directly or indirectly, address various aspects of wrong (Unrecht). The analysis reveals that while Articles such as 3 and 29 effectively tackle legal and social injustices through mechanisms like social welfare and the elimination of inequalities, gaps persist in addressing philosophical injustices and fully integrating restorative justice into the constitutional framework. Moreover, this study affirms that Hegel’s wrong (Unrecht), with its multidimensional approach, serves as a robust theoretical model for understanding and resolving injustice. It also identifies the Constitution's success in incorporating certain restorative principles, albeit in a limited scope. By affirming the main hypothesis and critically evaluating secondary hypotheses, this research highlights how the interplay between Hegelian philosophy and the Iranian Constitution can illuminate pathways to reinforce legal and social structures, ultimately fostering a more cohesive and ethical societal order.

The Legal System of Parliamentary Investigation in Algeria

2026-03-04T22:09:39+00:00

Parliamentary investigations represent a key mechanism of parliamentary oversight exercised by investigative committees over the government. This tool is particularly significant due to the intensity, sensitivity, and potential impact it has on the government, given the nature of interactions between Parliament and the public administration within the context of such investigations. The government is constitutionally and politically accountable to Parliament. The 2020 Constitution underscores that each chamber of Parliament, within its jurisdiction, is empowered to establish investigative committees at any time to address matters of public interest. Parliamentary investigations serve as an effective means of overseeing governmental information, typically activated when there is doubt or uncertainty regarding a particular issue or when either chamber of Parliament questions the accuracy and credibility of information provided by the government.

Such investigations have direct implications for the principles of the separation of powers and the relationship between Parliament and the government. The Constitution, the organic law governing relations between Parliament and the government, as well as the internal rules of procedure for both chambers of Parliament, clearly and meticulously outline the procedures and steps involved in this mechanism. These legal texts demonstrate the extent to which the government is required to comply with binding constitutional procedures and deadlines, ensuring its responsiveness and engagement with the exercise of parliamentary oversight. This structured approach revitalizes and strengthens the oversight function, helping to achieve its intended goals effectively.

The Experience of the High Constitutional Court in Palestine: Towards the Establishment of Constitutional Justice in the Occupied Territories?

2026-03-04T22:09:37+00:00

In order to examine the legal foundation upon which laws are built, this research study began by examining the historical context that followed the evolution of the Palestinian judicial system in general and the problem of monitoring the constitutionality of legislation in particular. Up to the provisions governing the court's operations, it has judicial oversight over the constitutionality of laws in Palestine, which serves as a legal pillar upon which the Supreme Constitutional Court of Palestine bases its work. It focuses on the nature of the court's rulings and decisions to confirm how much they adhere to the standards of constitutional justice.

In order to achieve the objectives of the study, we must follow the descriptive analytical approach, which will enable an accurate description of how the Supreme Constitutional Court in Palestine dealt with the issue of oversight of the constitutionality of laws and the legal basis on which judicial oversight of the constitutionality of laws in Palestine is based, and then work To analyze and synthesize it in a way that reveals to us a cognitive interpretation that leads us to draw research results that will enable us to evaluate the established supervisory model and judge its ability to establish standards of constitutional justice.

Warfare in the Digital Age: Adapting the Laws of Armed Conflict to Cyber Operations

2026-03-04T22:09:36+00:00

The rapid evolution of cyber technologies has transformed the nature of armed conflict, giving rise to cyber warfare as a prominent tool in modern military and strategic operations. This shift presents unique challenges for the application of International Humanitarian Law (IHL), a legal framework historically developed to govern conventional warfare. This article examines the intersection of IHL and cyber warfare, focusing on the difficulties of applying traditional principles such as distinction, proportionality, and precaution to the digital domain. By analyzing sources ranging from the Geneva Conventions and their Additional Protocols to the Tallinn Manual, as well as state practices and scholarly perspectives, the study highlights the complex legal and ethical questions posed by cyber operations. Particular attention is given to issues of attribution, civilian protection, and the evolving definition of “armed conflict” in cyberspace. The research argues that while IHL remains relevant, its implementation requires reinterpretation and adaptation to address the unique characteristics of cyber operations. Furthermore, the article underscores the urgent need for international dialogue, cooperative frameworks, and proactive state measures to codify and harmonize the application of IHL in cyberspace. The ultimate objective is to ensure that even in digital arenas, the humanitarian principles underpinning IHL continue to mitigate harm and uphold the protection of civilians.

Generative Ai and Copyright: Who Owns The “Author” And How to Protect Rights?

2026-03-04T22:09:34+00:00

Artificial intelligence has revolutionized the world of creativity, as it has in many other fields. This has also raised several legal issues related to intellectual property and copyright, due to the ability of AI systems to generate original content, sometimes without any human intervention.

Can creations and innovations generated by generative artificial intelligence be classified as "intellectual works" subject to legal protection? Who is entitled to the title of "author" for content created using artificial intelligence, or even for content created through a combination of human work and artificial intelligence techniques?

These are the most important questions raised by the theme of artificial intelligence in the field of intellectual property, which we will attempt to discuss in this research paper, drawing on the perspectives of comparative jurisprudence in the absence of legal texts detailing these issues.

Research Ethics in Light of Algerian Legislation

2026-03-04T22:09:33+00:00

Scientific research in the field of legal studies intersects with numerous other disciplines—such as commerce, medicine, economics, media, politics, and others. These fields are governed by legal rules, such as commercial law, medical law, and economic relations law, among others, which demonstrates that no field exists outside a regulatory legal framework. Therefore, a researcher must recognize that the quality of their legal research is rooted in the depth of their knowledge of the subject matter with which it intersects.

Researchers must also understand that the validity of previous research findings is not absolute; acknowledging their relativity expands the researcher’s intellectual horizons. Likewise, researchers should not venerate other scholars, as doing so undermines the nature and quality of their scientific work when they merely repeat previously reached conclusions. The importance of research lies in the researcher’s awareness of the significance of the scholarly pen in analyzing and understanding any issue within the field of legal sciences.

The pen is a tool that stimulates the mind to comprehend the philosophy underlying legal rules, both before and after their formulation, from multiple perspectives, for no legal issue admits an absolute understanding—the differences arise from varying intellectual viewpoints. This means that researchers should not sanctify others’ ideas, and that those who admire the works and ideas of others must, at the very least, avoid committing academic plagiarism, as it contradicts the ethics of scientific research established in international and national legislation. This study employs both analytical and descriptive methods to clarify the relationship between intellect and writing in legal philosophy and to elucidate the issue of academic plagiarism.

The problem of scarcity of medicines in the Algerian market: Its causes and treatment mechanisms

2026-03-04T22:09:31+00:00

Medicines are an essential part of every health system, and their availability is imperative to ensure the health and safety of individuals and communities, but this goal challenges the scarcity of medicines and prevents them from being achieved. Where this problem has known its zenith in recent years coinciding with the emergence of regional, health and even economic crises, and its causes are due to global external factors, including a shortage of raw materials, which are the basis of the pharmaceutical industry, and the withdrawal of medicine from the market permanently, and other internal factors related to illegal practices of pharmaceutical monopoly. Illegal speculation and parallel sale have exacerbated the problem of scarcity, which put the state in a great challenge facing it, and to overcome it, it prompted it to develop effective national strategies and mechanisms to ensure that the problem of scarcity is addressed, on the one hand, and to achieve pharmaceutical and health security for citizens.

This study aims to shed light on the internal and external causes and factors that cause scarcity, how the Algerian legislator addressed them and what mechanisms and mechanisms he adopted in eliminating the problem of scarcity of medicines and achieving abundance and stability of the drug market.

Aspects of prioritizing preventive policy in combating money laundering crimes under Law No. 23-01

2026-03-04T22:09:29+00:00

The phenomenon of money laundering is considered one of the phenomena of human behavior that is characterized by complexity and danger, due to the threats it poses to the security, safety and interests of individuals and societies in all its forms. It leads to harm to the economic, social and political structures of countries, as it contributes to obliterating the features of economic transparency, distorting the spirit of legitimate competition, smuggling capital abroad, and the spread of bribery and administrative corruption, in addition to affecting security and political stability, due to the use of money laundering in many countries to finance military coups Falsifying elections and carrying out espionage operations. Etc., which has made countries pay increasing attention to finding legal and practical means to prevent and combat them.

This prompted the Algerian legislator to amend the law on combating money laundering with the aim of updating it to comply with relevant international standards, through Law No. 23-01 of 02/07/2023, which includes amending Order No. 05-01 of 02/06/2005, on preventing and combating money laundering and terrorist financing.

This law sought to establish a preventive strategy based on the primacy of preventive policy over punitive policy Where its wording was clear, and its texts had clear meanings in adopting preventive mechanisms to prevent this phenomenon. Accordingly, the discussion of the manifestations of establishing the priority of preventive policy in combating money laundering crimes under Law No. 23-01 seeks to shed light on the efforts of the Algerian legislator on the occasion of the enactment of Law No. 23-01, which includes amending Law No. 05-01 related to preventing and combating money laundering and terrorist financing, and the extent to which it keeps pace with what is imposed by the obligations to ratify international agreements related to the subject of money laundering By updating the rules of the strategy established to confront this phenomenon, within a legislative plan based on the foundations of the primacy of preventive policy over punitive policy, and expanding the concept of the subject in a way that ensures that the perpetrator of whitewashing does not escape, especially in light of strengthening the concept of the subject with obligations imposed on them, which can be said to be due to the specificity of this crime as a dangerous crime, Deterring it can only be achieved by taking into account this privacy, and therefore the most important preventive method is the one.

The Crime of Extortion and Threatening via Social Media in Light of the Saudi Anti-Cyber Crime Law

2026-03-04T22:09:28+00:00

This research paper discusses the crime of extortion and threats via social media, treating it as a complex criminal phenomenon that combines traditional behavior with a sophisticated digital environment. The research aims to analyze the dimensions of this crime through three main axes: the conceptual framework, the legal regulation, and the comprehensive confrontation. The study employs a descriptive-analytical methodology to understand the nature and characteristics of the crime, a legal-analytical approach to deconstruct the provisions of the Saudi Anti-Cybercrime Law, and a comparative method to draw insights from Arab and international legislation. The findings indicate that electronic extortion is a "mutated" crime, with social media platforms amplifying its severity through features like anonymity and virality. The Saudi legislative framework provides a solid basis for prosecution, yet practical challenges remain in evidence and tracking transnational perpetrators. The research emphasizes the profound psychological and social impacts on victims, positioning prevention and awareness as the first line of defense. The paper recommends updating legislation to address emerging technologies like deep fakes, enhancing international cooperation, intensifying specialized training for judicial and security authorities, launching comprehensive awareness campaigns, and providing integrated support programs for victims.

The Arab Ordeal: The State Against Change

2026-03-04T22:09:26+00:00

In the context of accelerating change across the Arab world and the unexpected retreat of the Arab Spring into a series of setbacks and reactionary movement, this paper seeks to determine which political and societal factors have made this situation possible. Is the state military and bureaucratic apparatus responsible for the recent turn of eventes? Or is it the lack of an agent of change? This paper concludes that the reason for the stalling of the Arab Spring has to do with the deep state apparatus and the state’s antagonism towards its own people. It argues that the Arab state and its apparatus are primarily reponsible for all of the deep crises faced by the Arab people. This requires a re-evaluation of the strength of the role which the Arab nation-state plays in combating and resisting change, particulary during and after the Arab spring.