Custom Engineering in Loss Detection

Given the diverse and new nature of legal developments, especially with the advancement of science and technology and the emergence of new areas of risk and loss, one of the challenges of civil liability is the recognition of cases of loss. In order to be able to do this, flexibility is required in the recognition of cases and the scope of key elements. Due to the rigorous scrutiny required when dealing with uncertainties within the identification of the pillars and basic elements of civil liability and the responsibility that this is accompanied with, researchers have refrained from providing precise criteria. The present study aims to fill this void. Since the definition of loss is constantly changing based on locations, capabilities and techniques, the impact of temporal and spatial elements is an effective criterion for this legal structure and can be effective in its conceptual recognition and the enforcement of civil liability and compensation. Today, one of the most prominent criteria in this field are temporal, spatial, technical and specialized standards. They require the use of specialized experts in each field of the judicial process. It also appears that, custom and culture can be engineered in such a way that new definitions can be extracted for the term ‘loss’ and so they  can be compensated, except where the law explicitly excludes it. However the effectiveness of using culture, customs or traditions to engineer new meanings and definitions for the term ‘loss’ is faced with various difficulties, such as: proof and effectiveness, inappropriate social and economic approaches, the vagueness of spatial and temporal restrictions of custom, the limited freedom of people, stretching out trials, corruption in engineering customs and cultures to discover new definitions for the term ‘loss’, insufficiency of culture when dealing with losses related to social order and good character, and the inability to engineer customs and culture in jurisprudential rulings.