scholarly journals Legal information as a theoretical and legal phenomenon: essence and types of legal information

2021 ◽  
Vol 9 (2) ◽  
pp. 31-35
Author(s):  
Nikolay Kovshov ◽  
Alina Zaharova
Keyword(s):  
Legal System ◽  
Direct Impact ◽  
Legal Systems ◽  
Legal Information ◽  
Legal Validity ◽  
Points Of View ◽  
Definition Of

Legal information has a direct impact on the development of the legal system. With the acquisition of legal information of such quality as public accessibility, it has greatly contributed to the improvement of the legal system, as it allows for the analysis of legal validity from various points of view, contributing to the change of existing problem zones, as well as determining the prospects for the development of legal systems. However, despite its significance, in modern conditions there is no uniformity in the definition of the concept of legal information, as well as the main features of legal information.

scholarly journals Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

Examples of Alternative Legal Systems in India

2019 ◽  
pp. 47-73
Author(s):  
Mahendra Pal Singh ◽  
Niraj Kumar
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
Formal Definition ◽  
Legal Systems ◽  
Uniform Law ◽  
Definition Of ◽  
Cultural Freedom ◽  
Personal Law

There are systems of law within the Indian jurisdiction that either do not rely on the state legal system at all or rely on it only partially. These include systems of religious personal law, tribal customary law, and other similar indigenous mechanisms of administering justice and settling disputes. The formal definition of law in India, along with constitutional provisions which guarantee religious and cultural freedom and allow for modes of self-governance, accommodates different legal systems with indigenous or traditional roots. Moreover, local and village bodies such as traditional or caste councils operate in independent India as well, further questioning the rhetoric of uniform law in India.

All We Like Sheep

1999 ◽  
Vol 12 (1) ◽  
pp. 169-188 ◽  
Author(s):  
Jeremy Waldron
Keyword(s):  
Legal System ◽  
Extreme Case ◽  
Legal Positivism ◽  
Legal Validity ◽  
Slaughter House ◽  
Necessary Truth ◽  
Central Case ◽  
Adequate Definition ◽  
Definition Of ◽  
Moral Demand

In an extreme case, … only officials might accept and use the system’s criteria of legal validity. The society in which this was so might be deplorably sheeplike; and the sheep might end in the slaughter-house. But there is little reason for thinking that it could not exist or for denying it the title of a legal system.The essence of legal positivism, wrote H.L.A. Hart, is a very simple contention: “[I]t is in no sense a necessary truth that laws reproduce or satisfy certain demands of morality” (185-86).It is tempting to treat this claim—which some have called “the separability thesis”—as a definitional truth about law, i.e., as a constraint on any adequate definition of the term “law.” On this understanding, the positivist maintains that one should not define “law" in a way that excludes some norms from the extension of this term simply because they do not reproduce or satisfy a particular moral demand. Similarly, on this understanding, one should not exclude a system of norms, S, from the extension of the term “legal system” on account of S’s failure to satisfy the demands of justice. Indeed, positivism entails not only that one should not exclude S on this ground, but also that the injustice of S is not even a reason for regarding S as a problematic or marginal or less-than-central case of “law.” The positivist holds that it is a mistake to build moral conditions into the definition of “law” in any way whatsoever.

scholarly journals Politicо-legal system: structure, components and functions

2021 ◽  
pp. 489-496
Author(s):  
Vera Yavir
Keyword(s):  
Public Relations ◽  
Political Science ◽  
Legal System ◽  
Negative Impact ◽  
System Structure ◽  
Legal Systems ◽  
Long Time ◽  
The Stability ◽  
Definition Of ◽  
The Impact

Іntroduction. For the first time, based on the study of the interaction of political and legal systems, the politicо-legal system is structured, its structure, components and functions are identified. The politicо-legal system is a methodological tool designed to facilitate the study and understanding of the interdependence of policy and law. The politicо-legal system previously have been studied separately within two sciences - political science and jurisprudence. Both systems turned out to be separated on a theoretical level, although in practice they are interconnected. Paying no attention to this interconnection at the scientific level has a negative impact on the quality and effectiveness of the regulation of public relations. The successful functioning of any state governed by the rule of law is impossible without a harmonious combination, coordinated interaction of politics and law in the management of the state and society. Therefore, the aim of the article is to structure the politicо-legal system and identify its components, to clarify the functions. The study of such multilevel, hierarchical and interconnected phenomena, the connection between which has been ignored for a long time, requires the consideration of these objects as complex systems. With the help of this method the following definition of the politicо-legal system is proposed in article. The politicо-legal system is a complex supersystem in which political and legal systems interact. It is a multilevel, complex, interconnected set of interactions and interrelations of politicо-legal institutions and legal means designed to regulate politicо-legal relations, and politicо-legal phenomena arising from this regulation, which ensures the stability and development of politicо-legal sphere . Conclusions. The study of the structure, components, functions of the politicо-legal system system makes it possible to understand its essence, which is manifested in the interaction of law and politics, the peculiarities of the impact on society, the relationship with the internal and external environment. Prospects for further research in this area are inexhaustible, since the theory of political and legal system is just beginning to get scientific shape within the interdisciplinary science - legal political science.

scholarly journals PROBLEMS OF FORMATION OF LEGAL CULTURE OF PERSONALITY

2020 ◽  
Vol 34 (2) ◽  
pp. 27-32
Author(s):  
O.M. Guseinov ◽  
◽  
Sh.B. Magomedov ◽  
G.O. Guseinov ◽  
◽  
...  
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Combined Effect ◽  
Theoretical Understanding ◽  
Social Discipline ◽  
Points Of View ◽  
Definition Of ◽  
The Individual

The article is devoted to the theoretical understanding of the problem of the formation of the legal culture of the individual as a factor designed to strengthen and improve not only social discipline and order, but the whole system of the spiritual and moral relationships of people functioning in society. The aim of the article is to find ways, methods and means of forming the legal culture of the individual. The analysis of points of view to the definition of the concept of legal culture of personality. The need for constant updating and improvement of the existing judicial legal system to improve the legal culture of society has been identified and justified. In conclusion, it is concluded that in the formation of the legal culture of the individual, it is necessary to take into account the combined effect on the personality of all possible ways and means, and this work should be systematic and comprehensive.

Ancient and Modern Conceptions of the Rule of Law

2018 ◽  
pp. 184-212 ◽  
Author(s):  
Sara Forsdyke
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Systems ◽  
Legal Certainty ◽  
The Rule Of Law ◽  
Specific Assessment ◽  
Legal Equality ◽  
Definition Of ◽  
Context Specific ◽  
Three Components

This chapter provides a definition of the contested concept of the rule of law and suggests that it consists of three components: legal supremacy, legal equality and legal certainty. The chapter further argues that the classical Athenian legal system valued all three components of this definition of the rule of law, but also sought to balance the good of legal certainty against a more context specific assessment of equity in particular cases. In making this compromise, the chapter suggests, the Athenians anticipated a tension that continues to exist even in modern legal systems.

Compensation of Injuries and Homicide in Ming and Qing Law

2017 ◽  
Vol 35 (4) ◽  
pp. 977-1016
Author(s):  
Frédéric Constant
Keyword(s):  
Tort Law ◽  
Primary Concern ◽  
Legal Systems ◽  
Specific Approach ◽  
Chinese Law ◽  
Judicial Practice ◽  
Points Of View ◽  
Western Law ◽  
Central Purpose

Assessment and awarding of compensation to victims of injury and loss are among the main duties performed by courts in many different legal systems. In Western law, it constitutes a central purpose of tort law, which in itself is one of the fundamental branches of law. Did Chinese law have a specific approach to the question of compensation, which singularizes it from other legal systems? From the points of view both of statute law and judicial practice, my primary concern is to investigate whether compensation was granted to victims of injury or death under the Ming and Qing laws.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

Conflicts of Law: Reconsidering the Influence of Religion on Law in Massachusetts Bay

Numen ◽  
1996 ◽  
Vol 43 (2) ◽  
pp. 139-156 ◽  
Author(s):  
Elizabeth Dale
Keyword(s):  
Seventeenth Century ◽  
New England ◽  
Legal System ◽  
First Generation ◽  
Single Point ◽  
Massachusetts Bay ◽  
Governing System ◽  
Practical Effect ◽  
Points Of View ◽  
Practical Impact

AbstractThe idea that there were different points of view in seventeenth century Massachusetts Bay is not a new one. Several recent studies have undermined Perry Miller's monolithic “Puritan Mind”—demonstrating there were many strands of thought even among the nominally orthodox, and suggesting that we think of the settlers in New England as members of a movement with many ideas, rather than holders of a single point of view.While the idea that there were divisions within the category of Puritan is not a new one, the extent to which that ideological pluralism had a practical impact on the Bay colony's institutions, from its families to its governing system, has not yet been explored. This paper is a preliminary effort to demonstrate how ideological pluralism led to different conceptions of law, and had a practical effect on the legal system developed in the first generation of settlement in Massachusetts Bay.

ПИТАННЯ МОВЛЕННЄВОЇ КОМПЕТЕНТНОСТІ В НАУКОВІЙ ЛІТЕРАТУРІ

2012 ◽  
Vol 33 ◽  
Author(s):  
В. О. Лапіна
Keyword(s):  
Key Words ◽  
Scientific Literature ◽  
Language Competence ◽  
Points Of View ◽  
Definition Of

У статті здійснено аналіз різних позицій на визначення поняття «мовленнєва компетентність» у науковій літературі з лінгводидактики та психології.Ключові слова: мовленнєва компетентність/компетенція, мовна компетентність/компетенція.  Analysis of different points of view on the definition of `speech competence` in scientific literature on Linguodidactics and Psychology. Key words: speech competence/competency, language competence/competency.

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