The Journal of Humanities is a semi-annual journal established in 1990 and is one of the first scientific journals in the country. The Journal of Humanities publishes original scientific articles in three languages: Arabic, French, and English, with the aim of encouraging scientific research and promoting the output of researchers at our university, and creating a space for the exchange of ideas and scientific expertise with other national and foreign institutions. To ensure the journal's acceptable quality, all articles are reviewed by a reading committee.
The behavior of a dying-sick person overwhelmed by fear of death, makes him act by “over” donating his money which may affect his interests and the ones of his heirs. That is why, the Islamic Sharia, was precursor in detailing its provisions, within bequest acts, particularly the donation act, which was followed by the Algerian legislator by the terms of his articles. It became necessary to study the behavior of the dying-sick person by both jurisprudence and law to identify the ambiguity and the impact on his behavior, changing it into a testament to protect the other’s rights from any loss.
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Protection of minorities victims of armed conflicts in light of international humanitarian law
International humanitarian law aims to protect civilians in general during armed conflicts, including minorities. These groups are often subjected to a wide range of serious violations of human rights, both in general and specifically as minorities, such as genocide, forced displacement, and other unlawful aggressive practices. Consequently, international humanitarian law imposes a duty to protect civilians against all parties involved, under any circumstances during armed conflicts, especially women and children. However, the reality faces significant challenges in realizing the content of this legal protection afforded to minorities. Therefore, the international community seeks to focus protection on these specific groups through international and regional mechanisms. This research paper will discuss the conceptual framework of armed conflicts and the groups concerned with protection, and then move on to highlight the international legal framework for protecting these groups, relying on both descriptive and analytical approaches.
Penal responsibilities of the banking institution for computer errors in the electronic transfer of money
Banking institutions have been applying informatics in their field of work for a long time. At the beginning of the nineties, as a result of the expansion in the use of computers, the information industry emerged, due to its great ability to store information and the ease of retrieving it upon request. The banking institutions sector is considered the sector that benefits most from this development, as it Banking operations as a whole have been affected by the application of information technology in all its operations and financial movements in all its forms and forms Also, in 1977, the US Congress formed a committee concerned with studying the possibility of making an electronic transfer of money using information technology, which recently ended its application in bank transfer systems, and from here began to appear to us the dilemma of computer errors when transferring money electronically, and our article aims to shed light and address these issues. The issue and determining the criminal liability for errors resulting from the electronic transfer of money, who bears responsibility for those errors, and on what basis is criminal liability against the perpetrators of this act How can criminal liability be assigned to the banking institution from which the error resulted? To that end, this study was organized and addressed an explanation of what is meant by criminal liability and the legal conditions that must be met so that the banking institution can be held accountable for those errors, in addition to talking about the direct actor theory as a basis for holding the banking institution accountable for computer errors. Automated.
Normative Approach to Resolving Jurisprudential Debate on the Legal Nature of the Constitutional Court
The legal nature of the Constitutional Court has been the subject of much debate in academic circles, both at conferences and in scholarly articles, particularly since the adoption of the constitutional amendment of 2020, which established the Constitutional Court as a constitutional institution to replace the Constitutional Council. In this paper, we will examine the legal nature of the Constitutional Court and classify it as a special judicial body. To justify this classification, we will conduct research and provide evidence, both tangible and intangible, that confirms and establishes both the judicial character and the special nature of the Constitutional Court
Mechanisms of the communication process between the student and the teacher at the university stage
Modern educational curricula, taking advantage of the various ideas and concepts contained in the linguistic theories and various pedagogical approaches adopted by modern educational reforms, emphasize the need to change the function of each element of the communication process. (Professor), interlocutor (students), university educational discourse as the university professor should be convinced (Arabic) His role in the education process has gone beyond the threshold of the idea of dropping off and stuffing information. In his mind, he must be deeply convinced that his role as President is to guide, guide, foster dialogue among students and create a spirit of cooperation among them in various communication situations. Conversely, it should not take hold in the students' mind that it is a mere recipient of information. incapable of discussing them, but should be convinced that he possesses diverse competencies that make him capable of dialogue and discussion in every communicative situation. At the same time, university educational discourse should be meaningful and contain the contents of the convergence of university students' realities. The success of the communication process is accompanied by a change in each component's endeavor and also by the activation of its mechanisms and the removal of them from the limits of the model.
Legal Seclusion in Prisons Between Jurisprudential tests and Punitive Systems
This study explores the concept of legal seclusion within correctional institutions by shedding light on various Islamic jurisprudential opinions, as well as the implementation of this system in Arab penal frameworks. It also examines the stance of the Algerian legislator regarding the adoption of legal seclusion as a method of penal treatment for inmates in correctional facilities. The study highlights the key religious and procedural requirements that must be observed to balance the respect for the rights of convicted individuals with the enforcement of penal discipline. The objective is to clarify the conceptual and regulatory dimensions of legal seclusion. An analytical and comparative methodology was employed, and the study concludes that the application of legal seclusion when implemented in accordance with its religious and procedural constraints can effectively mitigate many negative phenomena that adversely impact the psychological well-being of inmates.
Legal mechanisms for drug prevention between international frameworks and the Algerian approach in the light of Law 23-05
The prevention of drugs and the treatment of this phenomenon requires the concerted of a set of international and national efforts, and this can only be achieved by legal coordination between the various official and civil bodies, with the aim of activating the legislative and regulatory Legal texts related to the prevention of narcotic drugs and psychotropic substances. the Algerian legislator to combat this dangerous phenomenon that has spread terribly within Algerian society, where he worked to develop a stack of laws related to the prevention of drugs and substances. Starting with Ordinance 66-155 With regard to the Penal Code, and until the promulgation of Law No. 23-05 amending and supplementing Law No 04-18 on the prevention of narcotic drugs and psychotropic substances and the combating of their illicit use and trafficking, these legislations constituted the governing legal framework in this field the legislator has drawn up a criminal policy to combat drug crimes in line with international developments.
Judicial Work in the Modern Technological Era
Rapid technological changes have profoundly transformed legal practices and judicial procedures, through the interaction of law with science fiction technologies in the era of artificial intelligence. This has had a widespread impact on the judicial system. This research aims to explore the trend towards “smart justice” within the framework of modern experiments and practices that have employed intelligent technologies to enhance the efficiency and effectiveness of judicial and legal work. This includes examining both the advantages and disadvantages. The research uses a descriptive, analytical, and comparative approach to understand the mutual influences between technology and law, and how to leverage them to improve judicial practices. It also seeks to forecast the reality of judicial and legal work facing rapid technological development, and to propose ways for the judicial system to benefit from science fiction technologies in a manner that serves justice and the public interest.
Judicial precedent in the Algerian legal system
The Algerian law was influenced by the French law- which precedes the Latin system – So the law arises essentially from legislation and the task of the judiciary is limited to applying the law in accordance with the principle of separation of powers, so Judicial precedents are not considered an official source of law according to Article 01 of the Algerian Civil Code, and the judicial ruling has relative authority is limited within the scope of similar cases, and the reason for this binding moral force of judicial precedents is the concern for consistency of rulings in the similar cases in a way that preserves their stability in order to ensure unification of the law within the state through unified interpretation. The Supreme Court and the Council of state are authorized to unify judicial jurisprudence in accordance with Article 179 of the Constitutional Amendment of 2020, and these two judicial bodies will not succeed in achieving this task effectively and truly except through their respect for the legal procedures that guarantee this.
Humans from homosapiens to superhuman Between the momentum of myth and technological development
Since discovering the first words, man has been obsessed with the supernatural view of what he does not know or thinks he does not know. He has been considered the most elegant strain of the human species, which has survived. Moreover, this dynasty has developed ideas, philosophies and fantasies of its physical and spiritual reality, until this Homosapines came to realize that he is capable of representing traits beyond what he was created for. His obsession hasspread to the sphere of divine traits in various cultures and through many times and ages, until, using, knowledge and science, he reached a great degree of technological development that will allow him to realize the obsession of immorality of living longer and the supernatural powers, and to open up this new asset, a Continuum of technology the same technology that's going to change the human body to take this man to the road of extinction.
How the International Criminal Court exercises its jurisdiction
It was stated in the statute of the International Tribunal that the latter established its revolutionary mandate only on the most dangerous part that worries the international community, to the extent that it completes it without detracting from or activating national exhaustion, and that the drafters of this statute would have completed setting complex conditions for it to complete the executive work. According to its international jurisdiction, it must be aware of the occurrence of this international quantity, and the Rome Statute specifies how to bring the matter to the court, and also specifies the persons legally qualified to bring it before it, and the role of states in presenting and receiving the perpetrators of the international contribution, and also specifies the procedures necessary for effective filing, and between This study is the jurisdiction of the judicial court, which fully determines the basis of the type of crime and the person who prosecuted it, and also whether the court is competent in complementing it with the jurisdiction of the national judicial court, and introduces us to the judicial instructions, and then explains to us the ways to appeal the judge who issued it.
Employing modern teaching methods in teaching Islamic jurisprudence Its importance and methods
This research focuses on how to employ modern teaching methods in the educational process for teaching Islamic jurisprudence. The one who is still dominated by traditional methods that do not satisfy the thirst of the student, and hinder serious academic achievement and excellence. The aim of the study is to try to find the optimal ways to employ modern teaching methods in supporting the quality of teaching Islamic jurisprudence. In order to achieve the idea of modern education that aims to integrate traditional teaching methods with modern educational approaches. The study has concluded to results, most notably; the importance of employing modern teaching methods in teaching Islamic jurisprudence, and benefiting from its numerous and diverse advantages. As indicated by a set of appropriate practical mechanisms that combine the preservation of the authenticity of Islamic knowledge, and the benefit of modern methods that facilitate the process of education. As the study highlighted the importance of the teacher, and that modern teaching methods cannot eliminate his position. His presence remains essential and very important, as he is the first direct contact in the education process.
This research focuses on studying the issue of e-commerce as a newly emerging form of commercial transactions and a manifestation of the knowledge economy, which has arisen as a result of modern technological developments. In this context, the importance of analyzing the adequacy of laws governing e-commerce in relation to the rapid global transformations in the field of information becomes evident. The aim of this research is to comprehensively review this topic and clarify its various dimensions, including the fundamental concepts that regulate the activity and development of e-commerce at the levels of companies, governments, and even individuals as electronic consumers. In the Algerian context, e-commerce is a relatively new practice, and its features have begun to take shape through Law 18-05 related to e-commerce. This law has provided multiple opportunities for online operators by establishing guarantees such as electronic advertising and adopting digital payment methods. Therefore, it is essential to highlight the reality of e-commerce in Algeria, along with its advancements and challenges.
In the context of rapid advancements in the digital age, digital banks have emerged as transformative innovations, fundamentally reshaping the way individuals and businesses access financial services. By harnessing modern technology, these banks provide a comprehensive array of financial services without requiring customers to visit physical branches, thereby offering unparalleled convenience and flexibility. In Algeria, the legislator has undertaken significant steps to regulate digital banking activities as part of efforts to modernize the national banking system. This is reflected in the enactment of the new Monetary and Banking Law 23-09 and the subsequent issuance of Bank of Algeria Regulation 24-04, which outlines the specific conditions for licensing, establishing, and operating digital banking activities.
Within the context of the rapid economic and technological advances being witnessed by the world’s nations and the encouragement of young people, especially in developing countries, among which graduates of universities and educational institutions who aspire to enter the world of finance and business, it emerged a very important mechanism that contributes to achieving this, namely, startups, which help reviving and developing The local economy, and also promoting the social situation and eliminating a significant part of the unemployment rate as well, however, startups, for their survival, are constantly looking for guidance and support from more knowledgeable and experienced parties. Furthermore, they seek to reach a position that allows them achieve continuity and growth, as we know These institutions lack experience and skills in most cases, in addition to the weaknesses in their financial resources that would allow them to survive، In order to ensure the continuity and growth of startups and keep pace with the world of competition and competitiveness, It emerged a mechanism that provides support to them, represented in business incubators as entities which provide all forms of support beginning with the initial study of the project idea , through investment, industry and marketing processes, together with marketing and export services.
Administrative procedures’ conduct in the field of investment under the provisions of Law No. 22-18
Administrative procedures for completing various stages and processes of investment are topics of great importance from a theoretical and practical point of view, as simple and quick procedures and the presence of bodies tasked with accompanying investors from an administrative point of view contribute to the most important requirements for improving the investment environment in a country. The Algerian Legislature has approved through Law No. 22-18, related to investment, a set of new facilities and incentives with regard to the administrative track of accompanying and embodying investments, whether related to expanding the role of the National Investment Council, the powers of the Algerian agency for investment promotion and the creation of a digital platform at its disposal, or the establishment of the Supreme In addition to easing the procedures related to granting economic real-estate directed to the embodiment of investment projects. Finally, we have concluded that legal amendments related to the course of administrative procedures will not be sufficient alone, unless they are accompanied by institutional performance that embodies them and goes beyond the traditional management that governs it.
A historical Critical Reading in the Memoirs Of El Hadj Ahmed Sharif El Zahar Captain Of Algeria’s Ashraf
This paper deals with an important source of history of Algeria during the Ottoman period, namely the memoirs of Haj Ahmed to Sharif al-Zahar Naqib Achraf in Algiers, which chronicles the last phase of the Ottoman presence in Algeria and the beginning of the French occupation. The importance of this study lies in the fact that the author is an eyewitness to historical events and facts because of the social status he has received in Algerian society as Captain of Algerian supervision as well as the administrative positions assigned to him, which helped him in the transmission of historical events. This book was an honest mirror that removed the mystery of the fact of the Ottoman presence in Algeria during the recent period and through this paper we will try to introduce its owner and stand on its content, and know its method of writing, and mention some of the insults around it as well as show its importance in proportion to the history of modern Algeria.
Granting economic real estate in light of low 23-17 and its related decrees
Algerian state, aiming to support investors in implementing their projects by allocating a substantial portion of its private national properties for this purpose. The provision of economic real estate is integral to the strategy of revitalizing the national economy and reducing dependence on oil. A law was issued in Issue No. 73 of the official journal, specifying the conditions and methods for granting economic real estate belonging to the state’s private property and aimed at completing investment projects. This law and its accompanying decrees are meant to complement the new investment law. Although the latter offers numerous tax, financial, and fiscal benefits for both foreign and local investors, its success depends on being accompanied by a set of reforms that improve the business in Algeria, especially through new legislative measures affecting various sectors to advance the national economy.
Teaching has transitioned from in-person to e-Learning. Face-to-face communication now takes place through telecommunication, thanks to Web 2.0 technology. Virtual interaction, whether synchronous or asynchronous, mediated by a keyboard and facilitated through an internet connection, now largely dominates teaching and training platforms. Speech acts are guided by conversational and conventional factors such as context, the participatory (collaborative) framework, the intent of the exchange, and interpersonal relationships. In verbal interactions, whether oral or written in the context of computer-mediated communication, the specific features of the connection tools, the innovative context of the discussion, and their impact on the didactic approach to training and its educational effectiveness are crucial. The goal is to study how participants manage the enunciation situation and co-construct meaning in a digital environment shaped by civility, reflecting the sociocultural parameter.
The implicit pedagogical objectives in professionalizing university training for paramedics
The title “Linguistic Remediation / Techniques of Oral and Written Expression” for the FLE module, intended for first-year students in the LMD professional bachelor's program in paramedical sciences, poses a challenge for instructors as it brings together two distinct didactic paradigms in FLE. The examination of the course units reveals a discrepancy between the course's purpose and its explicitly stated objectives, raising questions about its pedagogical intentions. This qualitative, descriptive, and analytical research aims to identify the implicit objectives and the hidden curriculum through the analysis of teaching organization sheets and the detailed program. The results show that these implicit objectives primarily target the development of transversal linguistic skills and autonomy in academic and professional writing for the students.
Wise Administrative Leadership and Its Role in Developing Positive Organizational Behavior among Administrative Employees
Management in organizations faces significant challenges in achieving quality, stability, and sustainability. Leaders, therefore, bear the responsibility of fostering an effective organizational climate that combines the art and science of guiding human behavior in the workplace. Administrative leadership is not merely a position; it is a duty that necessitates decision-making and efficient resource management. A successful leader must possess essential qualities and skills to manage individuals effectively. Wise leadership is crucial for maximizing the potential of human resources, as it directly influences key organizational functions such as planning, organizing, coordinating, and directing, driving institutional growth and resilience. Furthermore, wise leadership enhances institutional sustainability by fostering employee commitment and loyalty. By creating a collaborative and supportive environment, leadership becomes a cornerstone for achieving organizational goals, adapting to current challenges, and ensuring institutional stability and excellence.
The Role of Trade Unions in Addressing the psychological Health of Working Women Victimized by Sexual Harassment in Algeria
Trade union organizations seek to try to support individuals experiencing difficulties in the work place, as currently trade union work is not based solely on negociating collective agreements but rather by moving towards comtemporary issues such as psychosocial risks that have a negative impact on worker’s psychological and physical health. Considering that sexual harassment is a type of risk that working women are exposed to and which has a direct impact on their psychological health and the development of their professional path , this study aims to reveal the types of supports provided by the national independent union of public administration employees in Constantine to preserve the psychological health of working women who are victims of sexual harassment.
The role of schemes in the protection of real estate cultural property in Algerian legislation
Real cultural properties serve as evidence to the Algerian state in particular, and to the Arab and Islamic nations in general. To prevent the disappearance of these landmarks, the Algerian legislator has given them particular attention by establishing legal mechanisms and preventive measures through various legal texts to provide effective protection for these properties. Additionally, there are specific legal mechanisms for protection detailed in particular regulations, including the protective role played by both central and local urban planning schemes, as well as special planning schemes dedicated to the preservation of cultural real estate. In this context, we raise a legal issue: Have these planning schemes, across successive laws, played an adequate role in extending legal protection to cultural real estate properties in Algeria? And if not, how can its protective role be activated?
The Role of Cybersecurity in Combating Cybercrime in Algeria
This study aims to highlight the role of cybersecurity as a fundamental pillar in combating cybercrime at the national level, particularly in the context of the increasing technological advancements across all economic, cultural, social, and security sectors. Cybercrime is viewed as one of the adverse effects of advanced technology, posing a genuine challenge threatening the lives of individuals, communities, and national security. The study concludes that significant national efforts are being made to achieve cybersecurity in the fight against cybercrime by enacting relevant laws and establishing specialized structures for combating cybercrime in Algeria. Additionally, it emphasizes the necessity of international cooperation and governmental coordination to exchange information and develop joint strategies to address transnational cybercrimes, thereby contributing to a comprehensive cybersecurity framework that safeguards individuals, institutions, and nations.
The Right to be Forgotten in Digital Media
The right to privacy is a fundamental human right, protected by international and national legislation. It safeguards an individual’s personal space, secrets, and identity from intrusion. However, technological advancements, especially in artificial intelligence, have eroded this private sphere. As society shifts toward a predominantly digital environment, the excessive exchange of personal data emphasizes the need for digital privacy rights. This includes the right to be forgotten, enabling individuals to control the erasure of their data and limit its manipulation. Efforts at both international and national levels aim to enshrine and implement this essential right in practice.
The Real Estate Register: From the Personal Registration System to the Real Registration System
The countries of the world have adopted the real estate registration system as a successful means to instill security, trust, and reassurance in real estate transactions. However, the implementation of this system within each country is subject to its capabilities and policies. Hence, two systems for real estate registration emerged in practice: the personal registration system, which relies on the names of individuals such as the owner and those with property rights, and was the first to appear. However, due to its shortcomings in addressing real estate issues, a new system emerged through "Robert Torrens," which is the title registration system, adopted by most countries around the world, including the countries of North Africa. The land title registration system is characterized by its focus on the property itself rather than on individuals, ensuring greater accuracy in the preservation of property rights and limiting disputes. This system has contributed to enhancing trust in real estate transactions, as it provides a clear and accurate record of property rights, facilitating the process of trading and protecting the rights of the parties involved.
The most common aspects of crime in the old neighborhoods from the inhabitants’ perspective
This study aims at identifying the most common aspects of crime in the old neighborhoods from the inhabitants’ perspective. In so doing, we used the descriptive method and chose a random sample of 20 inhabitants from La Cité Columbia in Tedjnanet, Mila, to whom we administered a questionnaire. Findings show that the most common aspects of crime in such neighbors include the gangsters’ crimes, drug dealing and consumption, armed fights, and burning others’ cars.
The Legal Qualification of Liability in the Field of Cosmetic Surgery
Cosmetic surgery has held significant importance in human life since ancient times, as it aims to introduce improvements to the human body. With the increasing demand for cosmetic procedures, there has been a corresponding rise in medical errors.it raises substantial legal issues, due to its unique nature and the legislative shortcomings in addressing this type of medical error and defining the nature of liability. This often leads the patient, as a victim of such medical error, to seek appropriate compensation for the serious harm suffered. However, the patient is confronted with the difficulty of proving the error of the. Consequently, jurisprudence and the judiciary, in order to provide greater protection and assurance for the patient, have inclined towards establishing the principles of objective liability as an alternative to fault-based liability for compensating medical errors in the field of cosmetic surgery, thereby ensuring both civil and criminal liability.
The Legal Framework regulating the High Commission for Digitization
The shift towards a digital community requires enormous mechanisms and human and material resources. The High Commission for Digitalization is designated as the principal authority overseeing this endeavor, assuming a pivotal and active role in the realization of the objectives established by the national digitalization strategy. The legislator has endowed the Commission with a range of competencies aimed at promoting the utilization of modern technology and advancing internet development in accordance with the aspirations of public authorities.
The Land, Indigenous Identity, and Resistance in Native American and Palestinian Literatures
The aim of this study is to explore the complex interaction between land and indigenous identity in the literatures of Native Americans and Palestinians and to provide insights into the experiences of the two peoples in their struggle against colonial oppression. Within a post/decolonial framework and adopting an interdisciplinary approach that combines the paradigms of culture, memory, nationhood and sovereignty, this study explores how place and relations to the land have been enacted in Scott Momaday’s House Made of Dawn and Susan Abulhawa’s Mornings in Jenin, and how this connection to the land represents a means of identity affirmation and a symbol of resistance that enables a way of existence in this world. Undertaking this comparative study, which reveals the implicit and explicit connections between two disparate literatures, contributes to understanding interconnected experiences of settler colonialism and the ways indigenous writers contribute with counter-narratives in the nationalist movements of resistance and decolonization.