scholarly journals Aesthetics of Law

2021 ◽  
Vol 1 (1) ◽  
pp. 1-17
Author(s):  
Aleksandra Guss
Keyword(s):  
Everyday Life ◽  
Legal Regulation ◽  
Three Dimensions ◽  
Legal Regulations ◽  
Ruling Class ◽  
Legal Norms ◽  
The Third ◽  
The Law ◽  
Third Dimension ◽  
Aesthetic Values

The aesthetics of law appears as one of the parts of the philosophy of law that focuses on the relationship between law and aesthetical values, in their broadest sense. The aesthetics of law can be closed in its three dimensions: external, internal and the approach defined as "law as a tool of aestheticization”. This division was made from the perspective of the subject of research, which is the law.             The third dimension refers to the law as "tool of aestheticization” of everyday life, which indicates the aesthetic function of law, implemented mainly by legal regulation and the legal norms they contain, which are the determinants of what is aesthetic. We can distinguish three basic fields in which the law can affect the aestheticization of everyday life: 1) legal norms that set and promote certain aesthetic standards, 2) legal norms that serve to protect and preserve aesthetic values and 3) the field where law, as an instrument of politics, can be used to fight against certain aesthetic values that are inconsistent with the ideology promoted by the ruling class – the so-called art in the service of state power.             The first group of norms is used to make the overall „pretty” but when interpreting such legal regulations, can be concluded that there’s something more than only this - that it’s promoting aesthetic standards and values through legal norms. The policy of many countries focuses on introducing legal regulations aimed at ensuring the aesthetics of the landscape of their cities.             The article aims to present the implementation of the third approach to the aesthetics of law in Poland and discussing legal measures and activities undertaken to ensure the aesthetics of the landscape.

Dimensions of Public Sector Pay Policies in the United States and Sweden

1988 ◽  
Vol 8 (3) ◽  
pp. 61-83 ◽  
Author(s):  
Lois Recascino Wise
Keyword(s):  
United States ◽  
Public Sector ◽  
United States Of America ◽  
Central Government ◽  
The United States ◽  
Three Dimensions ◽  
Social Orientation ◽  
Social Equality ◽  
The Third ◽  
Third Dimension

Three dimensions for analyzing public sector pay administration are used to examine central government pay administration in Sweden and the United States of America. On the first dimension, market posture, both countries are found to fall short of their espoused policy, comparability. Greater consistency is found on the second dimension, social orientation, where both countries have pursued the goal of social equality. The equilization of salary levels across society is far greater in Sweden in keeping with the socialist objectives of wage solidarity. The third dimension, reward structure, shows the greatest distance between the two countries with the struggle to implement performance-contingent pay underway in the U.S. while Swedes continue to rely on longevity for pay increases.

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals Tax Sanctions as the Institutions Conditioning Efficiency of Collecting Tax Information – Limits of Legal Regulations

2020 ◽  
Vol 29 (4) ◽  
pp. 189
Author(s):  
Paweł Majka
Keyword(s):  
International Law ◽  
Degree Of Saturation ◽  
Tax Law ◽  
Legal Regulations ◽  
Legal Norms ◽  
The Subject ◽  
The Law ◽  
Principle Of Proportionality

<p>The subject of the study is to outline the boundaries within the legislator may sanction the obligations to provide information to tax authorities using tax sanctions. The author analyzes tax sanctions as instruments guaranteeing the effectiveness of legal norms related to information obligations in the light of the protection of the taxpayer’s rights. In the author’s opinion, there is a clear outline of the possible shape of the sanction, which limits the legislator in excessive interference with the rights of taxpayers. These limits, both in national and international law, are determined primarily by the principle of proportionality, which is decisive for the degree of discomfort associated with the application of sanctions. It should be indicated that the shape limits of these sanctions, characterized in this study, guarantee, in turn, the protection of the rights of these entities. At the same time, it should be emphasized that tax sanctions are, in principle, a complementary element of the system of the guarantees of the law effectiveness and the legislator deciding on their wider use should properly balance the degree of “saturation” of tax law with sanctions taking into account its nature.</p>

Practical significance of law constitutional principles

2020 ◽  
pp. 435-441
Author(s):  
Aleksandr Paramonov
Keyword(s):  
Public Relations ◽  
Legal Regulation ◽  
Practical Significance ◽  
Legal Consciousness ◽  
Direct Role ◽  
Positive Role ◽  
Legal Norms ◽  
Russian Law ◽  
The Law ◽  
Basic Ideas

We consider the constitutional principles of Russian law in the framework of positivist legal consciousness. We note the highest value of the law constitutional principles, as the basic ideas that underlie individual branches of law and all legal regulation. We focus on the practical significance of the constitutional principles of Russian law. We point out that in order to overcome defects in the legal consciousness of the population, it is advisable to duplicate the law principles that enshrined in the Constitution of the Russian Federation and in sectoral legislation. We emphasize that the practical significance of the law constitutional principles is manifested not only in their direct role in the legal regulation of public relations, but also in the fact that in judicial practice they can be used in the case of applying the analogy of law and the analogy of legislation. We indicate that this legal and technical tool is used to fill gaps in legal regulation. It is used in many branches of Russian law: civil, civil procedural, arbitration procedural, ad-ministrative procedural, family and others. Thus, the study shows the positive role of law constitutional principles in decision-making by a law enforcer in the absence of sectoral legal norms applicable in a particular situation.

“Welcome to Interfaith Dialogue”, the Employee of the Art Gallery Said and Started the Tour – Frames and Spaces of Interfaith Interaction

2016 ◽  
Vol 9 (4) ◽  
pp. 423-440 ◽  
Author(s):  
Mehmet Kalender
Keyword(s):  
Three Dimensions ◽  
Interaction Theory ◽  
Art Gallery ◽  
The Third ◽  
Analytical Scheme ◽  
The Social ◽  
Third Dimension ◽  
Material Space ◽  
Spatial Positioning ◽  
Theory Framework

Considering the presence of interfaith activities outside the religious sphere, this paper raises the question of a correlation between space and interfaith interaction, and proposes an analytical scheme for the analysis of the spatiality of (interfaith) interaction. Using the example of an interfaith tour in the Hamburg Art Gallery and based on a spatial and interaction theory framework, the paper focuses on three dimensions in which space is expressed and correlated with interaction. First, is space as an element of the social situation’s definition, this includes a synthesised picture of the gallery. Secondly, the activity structures affect the (spatial) positioning between the participants and space is reproduced in interaction. The third dimension refers to the material space, especially the artwork and its function in interaction.

scholarly journals Servants or Masters? Linguistic Aids in Legal Interpretation

2021 ◽  
Vol 10 (1) ◽  
pp. 73-102
Author(s):  
Paulina Konca
Keyword(s):  
Case Law ◽  
Legal Interpretation ◽  
Legal Regulations ◽  
Correct Interpretation ◽  
Fourth Section ◽  
The Third ◽  
Ordinary Meaning ◽  
Legal Literature ◽  
The Law

This paper presents the role of some intrinsic sources in legal interpretation. Some of linguistic aids follow from provisions of the law and other from the commonly accepted ruling practice or views expressed in literature. The position of those aids was verified through the analysis of case-law, literature, and provisions of law. The first section and second section focus on the priority of plain meaning rule and intrinsic sources in legal interpretation which is strongly emphasized in legal literature, case-law and the interpretative provisions of many countries. Next, it presents how certain linguistic tools work in case law practice, what problems they can cause and what problems they can solve. The third point addresses the use of dictionaries as tools of linguistic interpretation. The fourth section explores the role of selected interpretative canons often found in legal regulations and case law practice: ordinary meaning canon, gender/number canon, ejusdem generis canon, presumption of consistent usage and prefatory-materials canon. It is concluded that the priority of a linguistic interpretation is not absolute and can never be understood as its exclusivity. Linguistic tools are not in themselves determinants of correct meaning. In order to make a correct interpretation, it is necessary not to be guided, by indications labelled as objective, sometimes artificially imposed, but by the intention of the legislator, which such tools may discover and should only be used for that purpose. 

scholarly journals Sources of Public Relations Legal Regulation in Cyberspace

Lex Russica ◽  
2020 ◽  
Vol 73 (3) ◽  
pp. 114-120 ◽  
Author(s):  
L. G. Efimova
Keyword(s):  
Public Relations ◽  
Computer Technology ◽  
Computer Code ◽  
Legal Regulation ◽  
Point Of View ◽  
Legal Norms ◽  
Web Space ◽  
The Law ◽  
Different Sources ◽  
The Web

The paper criticizes the relatively recent view that traditional legal norms cannot be applied to public relations regulation in cyberspace. Researchers are debating whether it is permissible to regulate relationships arising from the use of computer technologies, such as cryptocurrency turnover and other relationships on the blockchain platform, by means of law. Opponents of legal regulation of cryptocurrency turnover refer to the impossibility of regulating computer technology by legal means. It is known that the lack of legal regulation of public relations is no less harmful than their overregulation. The author analyzes classical, "modernist", and eclectic approaches to the legal regulation of public relations in cyberspace. According to the author, public relations in the web space, including those that arise on the blockchain platform, can be regulated not only by national laws, but also by two special new sources of law — computer code (lex informatica) and special customs of cyberspace (lex electronica). Regulation by codes and special customs, which are concentrated on the Internet, gradually form a supranational law of cyberspace. Since the law, algorithmic code, and special customs of cyberspace are different sources of law, the point of view of those researchers who write about the decline of legal regulation and its replacement by code regulation is unfounded. It is premature to conclude that the law is dying out in the transition of contractual relations to cyberspace. Lawrence Lessig’s expression "Code is law" is correct in the sense that code is only one possible source of law.

ISSUES OF INFORMATIZATION OF THE PENITENTIARY SYSTEM

2021 ◽  
Vol 31 (3) ◽  
pp. 497-503
Author(s):  
V.V. Surin
Keyword(s):  
Comparative Analysis ◽  
Public Administration ◽  
Legal Regulation ◽  
Legal Aspects ◽  
Information Support ◽  
Legal Regulations ◽  
Prison Staff ◽  
Legal Norms ◽  
Criminal Penalties

The article is devoted to the issues of legal regulation of the activities of the penitentiary system, including the legal aspects of informatization of the penitentiary department. The author analyzes the retrospective of the development of legal norms regulating the processes of information support for the execution and serving of criminal sentences. The interrelationships of the development of legal regulation of the processes of informatization of public administration bodies, in general, and divisions of the Federal Penitentiary Service, in particular, are investigated. The paper presents a comparative analysis of a number of legal regulations that currently define various aspects of the information activities of prison staff, in particular, the goals, objectives and methods of implementing this area of activity. On the basis of the conducted research, proposals are formulated to optimize the processes of digitalization of institutions and bodies that execute criminal penalties, and the mechanism for implementing this activity.

GAPS IN THE LEGAL REGULATION OF OBTAINING INFORMATION ON A LAWYER`S REQUEST

2018 ◽  
Author(s):  
Volodymyr Kurylo ◽  
◽  
Sergii Korsun ◽  
Keyword(s):  
Relevant Information ◽  
Legal Regulation ◽  
Legal Norms ◽  
Limited Access ◽  
Advocacy Activity ◽  
Legal Uncertainty ◽  
The Law ◽  
Government Body

The article is devoted to the consideration of topical issues of obtaining by citizens and other subjects of information relations, information on relevant requests. The importance of the role of the institution of the legal profession in the field of protecting the rights and freedoms of citizens and legislative regulation of obtaining information on a lawyer's request is highlighted. It is noted that a response to a lawyer's request must be provided within a legally defined and compressed timeframe, and failure to provide information or providing incomplete information to a lawyer's request is punishable as an administrative offense. Analysis of scientific research in the field of advocacy allows us to conclude that the issue of gaps in the legal regulation of obtaining information on a lawyer's request has not yet been studied by domestic legal scholars. The article analyzes the list of subjects, defined by law, who are obliged to provide information to lawyer inquiries. Identified and highlighted those subjects in respect of which such a duty is not legally defined or is not properly regulated by the rules of law. Possible ways of resolving the legal uncertainty of this issue are proposed. The Law of Ukraine "On the Bar and Advocate Activity" defines a lawyer's request as a written appeal of a lawyer to a public authority, local self- government body, their professional and official persons, forms of enterprises and organizations, regardless of ownership and subordination, public associations on the provision of copies of documents required a lawyer to provide legal assistance to a client. The specified determines that state authorities, local self-government bodies, authorities and officials, governments of organizations, organizations, public associations, the required lawyer's request requires the lawyer to provide relevant information, copies except with limited access and copies of documents containing information with limited access. The authors analyze the legislative and legal norms that define the concepts: enterprise, institution, organization and manager. It was found that the normatively formed definitions according to which a society, institution and public association are defined through the concept of "organization", and therefore are the appropriate types of organization. It is established that such entities as cooperatives, associations, corporations, consortiums, concerns, etc., which the legislator does not refer to enterprises, institutions and organizations, may not be forced to provide information at the request of a lawyer due to legal uncertainty and due to constitutional requirements according to which no one can be forced to do what is not provided by law. The authors propose to clearly define the concept of "organization" and propose an appropriate classification of organizations. All existing enterprises, consortia, associations, cooperatives, etc. should be defined precisely through the concept of "organization" and refer to a certain type of organization.Amendments to the Law of Ukraine “On Advocacy and Advocacy Activity” have been proposed, which will make it possible to eliminate the existing shortcomings of the legal regulation of obtaining information at the request of a lawyer.

Legal Regulation of Forestry Carbon Sequestration Transaction in China

2010 ◽  
Vol 113-116 ◽  
pp. 980-984
Author(s):  
Li Mei Zou ◽  
Wen Bin Chen
Keyword(s):  
Carbon Sequestration ◽  
Legal Regulation ◽  
Third Party ◽  
Legal Systems ◽  
Benefit Distribution ◽  
Trade Dispute ◽  
The Third ◽  
Law And Policy ◽  
The Law ◽  
The Third Party

The forestry carbon sequestration transaction (FCST) needs the guide of the law and policy. The subjects of FCST include buyers and sellers; the object is forestry carbon sequestration and the third party mainly includes brokers and measurement certification authorities. The effective elements of FCST legal behaviors need four main aspects. The establishment and regulation of legal systems includes transactional prices, three kinds of performing modes transaction, the benefit distribution of subjects, the mode of bearing legal reasonability and the trade dispute means.

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