How Has the Legal Consciousness of Chinese Enterprise Managers Transformed since 1949? A Study of Chinese Enterprises under Socialism

2021 ◽  
pp. 1-30
Author(s):  
Alvin Hoi-Chun Hung
Keyword(s):  
Legal Framework ◽  
Political Campaigns ◽  
Legal Consciousness ◽  
Chinese Enterprises ◽  
The Past ◽  
Chinese Enterprise ◽  
Communist System ◽  
Chinese Characteristics ◽  
The Face ◽  
The Law

Abstract This paper analyses how the legal consciousness of Chinese enterprise managers has transformed in the face of drastic changes brought along by major events in socialist China. During the past 70 years, there have been in place a series of radical and pervasive changes in the legal framework constituted by a communist system frequented by mass political campaigns, trailed by a massive liberalized move towards a market economy. By building upon the thesis of legal-consciousness narratives suggested by Ewick and Silbey, this paper discusses how Chinese managers have evolved through various states of “With the Law,” “Against the Law,” and “Under the Law” legal consciousness. It is suggested that, in the coming era of globalization under socialist China, Chinese enterprise managers may start to embrace a new narrative of legal consciousness—“In the Law”—by participating more actively in the socialist system with Chinese characteristics.

Marxist Legal Thought in Poland

Slavic Review ◽  
1967 ◽  
Vol 26 (3) ◽  
pp. 382-394 ◽  
Author(s):  
Grzegorz Leopold Seidler
Keyword(s):  
World War Ii ◽  
Legal Theory ◽  
Legal Consciousness ◽  
World War ◽  
Legal Norms ◽  
The Past ◽  
Positive Law ◽  
The Law ◽  
The Relationship ◽  
Practical Implications

Since World War II, Polish legal theory has focused principally on the sociological aspect of the law, dealing with its origin and social function. Detailed research and analytical studies have supplied information about which social groups have in the past influenced the enactment of legal norms, what their motives were, and what benefits they derived from these laws. As a result of this research the law lost its sacred character. It ceased to be thought of as something extraordinary and came to be regarded realistically as an instrument for the realization of the interests of those groups which had influenced the enactment of the law. This kind of research, however, proved to be insufficient and somewhat one-sided. Consequently, new problems are being considered, and, of these, three are receiving special attention: (1) the evaluation of positive law, (2) the relationship between legal consciousness and socialist consciousness (which might also be called Marxist consciousness), and (3) comprehensive legal research. All of these problems have practical implications for us which, I trust, justify a brief discussion of them here. Inasmuch as these problems are still being investigated and discussed, I will confine myself to mere presentation of them and mention of the efforts that have been made toward their solution.

scholarly journals Rationalizing injustice: The reinforcement of legal hegemony in South Africa

2019 ◽  
pp. 7-18
Author(s):  
Thato Masiangoako
Keyword(s):  
South Africa ◽  
Criminal Justice ◽  
Criminal Justice System ◽  
Legal System ◽  
Justice System ◽  
Legal Framework ◽  
Legal Consciousness ◽  
Student Activists ◽  
Community Activists ◽  
The Law

The legal system in South Africa holds a legitimate and authoritative position in the country’s constitutional democracy and political order, despite the commonplace experiences of injustice that take place at the hands of the criminal justice system. This article looks at how the legal consciousness of community activists, student activists and migrants is shaped by experiences of arrest and detention, and focuses particularly on how their perceptions of the law reinforce the legitimacy and hegemonic status enjoyed by the criminal justice system and broader legal system in South Africa. The article draws on original interviews with community activists, student activists and migrants, who recounted their experiences of arrest and detention. Using a socio-legal framework of legal consciousness, the article unpacks how these groups reinforce legal hegemony through the ways in which they understand and rationalise their experiences of punishment. Despite the reasonable expectation that those who have experienced a miscarriage of justice would be most sceptical and pessimistic about the law’s legitimacy, this article finds that they continue to maintain their faith in the law. The article presents an analysis of interviews conducted with members of these groups, and shares evidence that begins to explore some of the ways in which South Africa’s criminal justice system is able to sustain its legitimacy, despite the gaps between what the law ought to be and what the law actually is.

A Legal Framework to Eradicate Female Circumcision

1988 ◽  
Vol 28 (2) ◽  
pp. 115-119 ◽  
Author(s):  
T. B. E. Ogiamien
Keyword(s):  
Interest Groups ◽  
Female Circumcision ◽  
Legal Framework ◽  
Traditional Practices ◽  
Genital Mutilation ◽  
Young Girls ◽  
The Past ◽  
The Law

The traditional practices of genital mutilation1 of young girls and women, hereinafter called FC (female circumcision) have in recent times generated incessant controversy in political and academic circles. The campaign against the practice has similarly captured the interest of sociologists, interest groups and, until recent times, the law.2 Because of the medical dangers of FC, proposals to eradicate the activity have been suggestive of an outright ban; but others hold the view that the necessity for legislation to prohibit the practice will be unrealistic.3 As will be seen below, a few jurisdictions who have in the past partially legislated against it, met with little or no success. Paradoxically, the problem exists.4

On the edges of the law: sex workers’ legal consciousness in England

2019 ◽  
Vol 15 (03) ◽  
pp. 327-343
Author(s):  
Eva Klambauer
Keyword(s):  
Social Status ◽  
Sex Workers ◽  
Legal Status ◽  
Qualitative Interviews ◽  
Legal Framework ◽  
Legal Consciousness ◽  
Sex Industry ◽  
State Involvement ◽  
The Law ◽  
Indoor And Outdoor

AbstractIn England, sex workers are placed at the edges of the law. How the social and legal status of sex workers impacts on their perception of and interaction with the law in a semi-legal setting has not yet been explored. Drawing on fifty-two qualitative interviews with indoor and outdoor sex workers in England, this study investigates their disposition to the law, legality and the state. The commonalities and discrepancies between the experiences of indoor and outdoor sex workers reveal the influence of the combination of legal framework and social status on sex workers’ legal consciousness. This study finds that, even in a setting of semi-legality, sex workers attempt to avoid contact with state authorities. However, this aversion to the current law does not prevent them from making claims for legal change. Surprisingly, indoor and outdoor sex workers hold opposing views on the appropriate level of regulation and state involvement in the sex industry. Remarkably, although outdoor sex workers have more negative experiences with arbitrators of the law, they desire the law's protection. In contrast, indoor sex workers’ main grievance is for sex work to be a legitimate industry that can operate with only minimal state control. These differences in outdoor and indoor workers’ legal claims are explicable by sharp cleavages in social status, vulnerability and degree of criminalisation. These findings demonstrate that intra-group differences in the legal consciousness of marginalised groups are key to understanding the role of social and legal status in shaping legal claims.

THE 2017 AMENDMENTS TO THE LAW REFORM (MARRIAGE AND DIVORCE) ACT 1976: A MILESTONE OR A STONE’S THROW IN THE DEVELOPMENT OF MALAYSIAN FAMILY LAW?

2020 ◽  
Vol 28 (2) ◽  
pp. 449-479
Author(s):  
Sridevi Thambapillay
Keyword(s):  
Child Custody ◽  
Family Law ◽  
Law Reform ◽  
The Real ◽  
The Past ◽  
Marriage And Divorce ◽  
Conversion To Islam ◽  
Family Issues ◽  
The Law ◽  
Muslim Family

The Law Reform (Marriage and Divorce) Act 1976 (LRA) which was passed in 1976 and came into force on 1st March 1982, standardized the laws concerning non-Muslim family matters. Many family issues concerning non-Muslim have emerged ever since, the most important being the effects of unilateral conversion to Islam by one of the parties to the marriage. There has been a lot of public hue and cry for amendments to be made to the LRA. After much deliberation, the Malaysian Parliament finally passed the amendments to the LRA in October 2017, which came into force in December 2018. Although the amendments have addressed selected family law issues, the most important amendment on child custody in a unilateral conversion to Islam was dropped from the Bill at the last minute. Howsoever, at the end of the day, the real question that needs to be addressed is whether the amendments have resolved the major issues that have arisen over the past four decades? Hence, the purpose of this article is as follows: first, to examine the brief background to the passing of the LRA, secondly, to analyse the 2017 amendments, thirdly, to identify the weaknesses that still exist in the LRA, and finally, to suggest recommendations to overcome these weaknesses by comparing the Malaysian position with the Singaporean position. In conclusion, it is submitted that despite the recent amendments to the LRA, much needs to be done to overcome all the remaining issues that have still not been addressed.

Bases Loaded

2020 ◽  
Author(s):  
Costas Panagopoulos
Keyword(s):  
Presidential Elections ◽  
The United States ◽  
Political Campaigns ◽  
Political Campaign ◽  
Voter Mobilization ◽  
Campaign Strategy ◽  
Partisan Polarization ◽  
The Past ◽  
Swing Voters ◽  
Fundamental Shift

Over the past few decades, a fundamental shift in political campaign strategy has been afoot in U.S. elections: Political campaigns have been gradually shifting their attention away from swing voters toward their respective, partisan bases. Independents and weak partisans have been targeted with less frequency, and the emphasis in contemporary elections has been on strong partisans. This book documents this shift—away from persuasion toward base mobilization—in the context of U.S. presidential elections and explains that this phenomenon is likely linked to several developments, including advances in campaign technology and voter-targeting capabilities as well as insights from behavioral social science focusing on voter mobilization. The analyses show the 2000 presidential election represents a watershed cycle that punctuated this shift. The book also explores the implications of the shift toward base mobilization and links these developments to growing turnout rates for strong partisans and attenuating participation among independents or swing voters over time. The book concludes these patterns have contributed to heightened partisan polarization in the United States.

From the Law of Ransom to the Law of Release

2018 ◽  
Author(s):  
Will Smiley
Keyword(s):  
The State ◽  
Legal Tradition ◽  
The Face ◽  
The Law ◽  
New System

This chapter charts the “Law of Release,” a new system of rules that replaced the Law of Ransom. These rules were based on treaties signed from 1739 onward, but also on a variety of lesser agreements and unwritten understandings and the Islamic legal tradition. They were renewed frequently, and structured captivity as late as the 1850s. This chapter will explore the basic structures of the Law of Release—how captives were found, released, and sent home, and how slaveowners were convinced, coerced, or compensated to cooperate. I argue that while release was initially limited to Istanbul, and to the most visible captives, it extended both into elite households, and outward along the Ottoman corridors of power. This process tested the limits of the Ottoman state, forcing the state to cooperate with Russian officials for the benefit of both. They did so in the face of resistance from captors.

Epilogue: On the Current and Future State of Historical Writing

2018 ◽  
Author(s):  
Allan Megill
Keyword(s):  
Historical Writing ◽  
Conceptual Difficulty ◽  
Universal History ◽  
The Past ◽  
Initial Decision ◽  
Future State ◽  
The Face ◽  
History Of

This epilogue argues that historians ought to be able to produce a universal history, one that would ‘cover’ the past of humankind ‘as a whole’. However, aside from the always increasing difficulty of mastering the factual material that such an undertaking requires, there exists another difficulty: the coherence of universal history always presupposes an initial decision not to write about the human past in all its multiplicity, but to focus on one aspect of that past. Nevertheless, the lure of universal history will persist, even in the face of its practical and conceptual difficulty. Certainly, it is possible to imagine a future ideological convergence among humans that would enable them to accept, as authoritative, one history of humankind.

scholarly journals Does the Law Determine What Heritage to Remember?

2021 ◽  
Author(s):  
Marie-Sophie de Clippele
Keyword(s):  
Cultural Identity ◽  
Cultural Heritage ◽  
State Intervention ◽  
Historical Knowledge ◽  
Human Right ◽  
Political Will ◽  
The Public ◽  
The Past ◽  
The Law ◽  
Ideological Manipulation

AbstractCultural heritage can offer tangible and intangible traces of the past. A past that shapes cultural identity, but also a past from which one sometimes wishes to detach oneself and which nevertheless needs to be remembered, even commemorated. These themes of memory, history and oblivion are examined by the philosopher Paul Ricoeur in his work La mémoire, l’histoire, l’oubli (2000). Inspired by these ideas, this paper analyses how they are closely linked to cultural heritage. Heritage serves as a support for memory, even if it can be mishandled, which in turn can affect heritage policies. Memory and heritage can be abused as a result of wounds from the past or for reasons of ideological manipulation or because of a political will to force people to remember. Furthermore, heritage, as a vehicule of memory, contributes to historical knowledge, but can remain marked by a certain form of subjectivism during the heritage and conservation operation, for which heritage professionals (representatives of the public authority or other experts) are responsible. Yet, the responsibility for conserving cultural heritage also implies the need to avoid any loss of heritage, and to fight against oblivion. Nonetheless, this struggle cannot become totalitarian, nor can it deprive the community of a sometimes salutary oblivion to its own identity construction. These theoretical and philosophical concepts shall be examined in the light of legal discourse, and in particular in Belgian legislation regarding cultural heritage. It is clear that the shift from monument to heritage broadens the legal scope and consequently raises the question of who gets to decide what is considered heritage according to the law, and whether there is something such as a collective human right to cultural heritage. Nonetheless, this broadening of the legislation extends the State intervention into cultural heritage, which in turn entails certain risks, as will be analysed with Belgium’s colonial heritage.

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