March 2026 Issue
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Case 2: Voluntary Intoxication (Self Regarding Acts) | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
In his personal life, Alvin engages in alcohol consumption, which temporarily hinders his ability to perform tasks requiring rapid decision-making and physical agility. We will assume that his actions do not harm other individuals. Beto is worried about Alvin. He wonders if he can legally intervene and force him to change his habits. All participants…
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Case 1: Right to Exclude | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
Alvin is the owner of the land upon which his home is situated. He has demarcated the boundaries of his property with a fence and visible signs indicating that he does not wish to allow trespassers to enter. Alvin’s property is located at the midpoint between Beto’s residence and the city. Beto exercises caution and…
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The Absence Of A Factual Conflict Of Rights | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
We will distinguish between non-conflictual jural relationships, which contain elements that do not admit or require external legislation, but rather internal legislation, and conflictual jural relationships, which must be resolved in order to reestablish a peaceful state of no-right. We inquire into the role of the principle of individual autonomy in the context of non-conflictual…
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Failure to Remove & Building Safety: Major Cases Testing UK Local Authority Liability
Abstract With an emphasis on ‘failure to remove’ cases, planning and environmental issues, and building safety and homelessness obligations, this article explores the changing terrain of public liability claims against UK local authorities. Finch v. Surrey County Council [2024] (scope 3 emissions in environmental impact assessments), R (Moakes) v. Canterbury City Council [2025] (procedural fairness…
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The System Of Reciprocal Duties | Dr. Alexander Espinoza Rausseo, Dr. Jhenny de Fátima Rivas Alberti write for Virtuosity Legal
We will argue that the sphere of duties towards oneself serves as the basis for the entire system of reciprocal duties. The prima facie duties towards oneself are the reasons that allow the conscience to act as an internal judge in order to comply with the duty. This process constitutes the initial step of a…
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Waste Pickers, Labour Rights, and the Law: Analysing India’s New Waste Management Framework and Comparative Judicial Lessons from Colombia
Abstract “Informality is not an absence of law, but a reflection of how law chooses to exclude”.[i] This insight captures the paradoxical status of waste pickers in India, a group estimated at over four million who are indispensable to urban waste management yet remain legally invisible.[ii] Waste pickers contribute substantially to the economy and the…
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Default Bail as a Structural Constitutional Guarantee: Reclaiming The Indefeasible Right Under Article 21
ABSTRACT A concept of ‘statutory’ or ’default’ bail under the second provision of Section 167(2)(now reenacted as Section 187 of the Bharatiya Nagarik Suraksha Sanhita, 2023) of the Criminal Procedure Code is traditionally characterized as an ’indefeasible right’, which arises in the face of investigatory delay. Barring a discussion of the underlying determinants of such…
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Unveiling The Depths: Scope And Implications Of Preliminary Inquiry Under BNSS
ABSTRACT The criminal Justice system adopts new procedures with the changing needs of society. With the revision of the new criminal laws, the concept of preliminary enquiry before the registration of FIR came to be codified under section 173(3) of BNSS. As the provision departs from the earlier concept enunciated in Lalita Kumari, it was…