On legal policy as an academic discipline

2014 ◽  
Vol 2 (4) ◽  
pp. 149-153
Author(s):  
Александр Петров ◽  
Aleksandr Petrov ◽  
Владислав Панченко ◽  
Vladislav Panchenko ◽  
Андрей Деменишин ◽  
...  

The article discusses legal policy as an independent academic discipline. The authors analyze aims, targets, content, structure and legal basis of the course. The position of the course on legal policy in the system of legal education is evaluated; its role in development of` general professional and specialized juridical expertise of students, studying law and other humanities subjects, is determined.

2009 ◽  
Vol 10 (6-7) ◽  
pp. 1047-1087 ◽  
Author(s):  
Adam M. Dodek

This article analyzes the transformation in the scholarship of legal ethics that has occurred in Canada over the last decade, and maps out an agenda for future research. The author attributes the recent growth of Canadian legal ethics as an academic discipline to a number of interacting factors: a response to external pressures, initiatives within the legal profession, changes in Canadian legal education, and the emergence of a new cadre of legal ethics scholars. This article chronicles the public history of legal ethics in Canada over the last decade and analyzes the first and second wave of scholarship in the area. It integrates these developments within broader changes in legal education that set the stage for the continued expansion of Canadian legal ethics in the twenty-first century.


2013 ◽  
Vol 18 (2) ◽  
pp. 315
Author(s):  
Kathy Douglas

Alternative or Appropriate Dispute Resolution (‘ADR’) is a crucial area for lawyers to understand in order to engage in present day legal practice. ADR is now common in courts and the community and is supported by legal policy at both federal and state levels. Learning about ADR can contribute to the moulding of law students’ professional identity so that they are better able to engage in commonly used processes such as negotiation and mediation. This article discusses research into the teaching of ADR in legal education. It draws on a project where the teaching of ADR was researched in depth to examine the content and pedagogy of this area of the legal curriculum. The article argues that ADR is an important part of legal education as it can assist law students to develop non-adversarial, holistic approaches to legal problem-solving.


2020 ◽  
Vol 70 (2) ◽  
pp. 214-218
Author(s):  
М.О. Zhumagulov ◽  

In the article, the author introduces the results of comprehensive research on the role and significance of legal education among young people. Legal education is a key factor in improving the legal consciousness of young people. An important step in legal education is the result of political decisions, fair justice, and the activities of law enforcement agencies. The article presents approaches to legal education among future generations and defines the role of each of them. At the same time, attention is paid to the need to combine measures to support young people and directions of legal policy.


2020 ◽  
Vol 15 (8) ◽  
pp. 11-21
Author(s):  
A. V. Kornev

The paper is devoted to several problems. The author investigates the place and role of the history of political and legal doctrines in the system of legal education and science. The new nomenclature of scientific specialties refers this academic subject to theoretical and historical legal sciences, provided no changes are made to the proposed subject description. The main issue articulated in the paper involves the history of political and legal doctrines. This academic discipline is historical, political, legal and theoretical at the same time. Periodization in this case represents periodization of theoretical forms of reflection over political and legal institutions as one of the main problems for a historical discipline. The paper focuses on the fact that the chronological approach to periodization of the history of political and legal doctrines is the main one. However, this approach does not exclude other approaches that are also described in the paper. Moreover, the paper examines traditions established in the science and the student course. Conventionally, the history of political and legal doctrines is investigated chronologically, in a problematic or portrait ways. Needless to say, the author does not exclude the methodological approach to periodization of theoretical and legal forms of cognition of the State and legal institutions.


Author(s):  
Adji Samekto

Clinical Legal Education (CLE) is an education in legal study that aims toprovide knowledge on practical expertise that aims to make lawgraduates capable of providing legal services (legal advocacy).CLEbecome important in recent days because of the tendency to resolvethe matter through legal channels is increasing. But in fact, it showsthat law enforcement is almost interpreted only as rule enforcement.The trend that happens, aspects of compliance procedures takeprecedence over justice. The modern law scientification is stronglyinfluenced by the emergence of positivism paradigm in modernscience. At present, along with the complexity of the problems ofpeople and society, the main character of modern law is a rationalnature. Rationality is characterized by the nature of a procedural rule oflaw. Procedure, thereby becoming an important legal basis to establishwhat is called justice, even the procedure becomes more importantthan talking about justice itself. Legal education, thus more likely toproduce professional practitioners. The resulting legal practitioners arelegal actors who are expected to make a decision which side is wrongand what is right under the provisions of the law. Through this paper isexpected to obtain the understanding that CLE should not result theLaw degree who only give priority to the compliance procedure aspositive law, but also still guided ethics and efforts to achieve justice.The method used for writing this paper is the socio legal research withinductive analysis. Thus, the fact that occurred in the law enforcementpractices will be a major premise and provide input and analysis in thispaper.


2020 ◽  
Vol 22 (2) ◽  
pp. 197-214
Author(s):  
Basri Effendi ◽  
Sufyan Sufyan

Penelitian ini bertujuan menganalisis capaian program legislasi daerah dari aspek politik hukum. Program tersebut dilaksanakan setiap tahun lembaga eksekutif dan legislatif sebagai bentuk legal policy dalam menyusun suatu program, yang mana setiap program tersebut membutuhkan landasan hukum yang konstitusional. Hal ini juga menjadi salah satu indikator tercapainya good governance dalam penyelenggaraan pemerintahan daerah. Dengan menggunakan metode penelitian yuridis empiris dan análisis data kualitatif, penelitian ini menemukan bahwa tingkat keberhasilan pembahasan Program legislasi daerah di Aceh hanya 24,66% per/tahun. Ada pelbagai kendala yang menghambat pelaksanaan program legislasi daerah di Aceh, diantaranya adalah anggaran yang minim, political will yang tidak kuat, terbatasnya sumber daya manusia dengan waktu yang tersedia, serta tidak realistisnya antara jumlah qanun usulan Prolegda dengan kemampuan penyelesaian. Pemerintah dan DPR harus lebih realistis dalam menetapkan jumlah target legislasi daerah tiap tahun.  Achievement of Aceh Legislation Programs This study aims to analyze the achievements of the regional legislative program from the political law aspects. The program is carried out annually by the executive and legislative bodies as a form of legal policy in developing a program where each of which requires a constitutional legal basis. This is also one indicator of the achievement of good governance in the administration of regional government. Using empirical juridical research methods and qualitative data analysis, this study found that the success rate of discussion of the regional legislative program in Aceh was only 24.66% per year. There are various obstacles that hamper the implementation of the regional legislation program in Aceh, including a minimal budget, insufficient political will, limited human resources and time, and an unrealistic number of Prolegda's proposed qanuns and the ability to resolve the proposal. The government and Parliament should be more realistic in setting the target number of regional legislation each year.


2020 ◽  
pp. 5-19
Author(s):  
I. Kohutych

The article analyses the problem of framing the place of forensic science in the structure of higher legal education as well as the factors that negatively affect its development, didactic and practical demand. The reasons often indifferent and, in some cases, nihilistic attitudes towards forensic science, its actual manifestations and the probability of at least some localization are given. It is particularly stated that in scientific societies, especially in the constitutional-civil direction, forensic science is perceived in an unjustifiably simplified form. It is a consequence of the dissemination of misinterpreted European approaches to determining the place of forensic science in the system of local law and education; misunderstanding of its role in legal education in general and in law enforcement in particular. It is noticed that some representatives of forensic science act not always adequate, promoting its study in the educational institutions of the system of the Ministry of education and science in a shortened variant. Accordingly, to prepare graduates “…lawyers-general practitioners majoring in “Science of Law” only. They claim that complete knowledge of forensic science is necessary for graduates of departmental higher education institutions only. Obviously, it is unacceptable since it breaks the integrity of forensic science, its traditions, self-sufficiency, and commitment in the preparation of applicants for the legal profession in all areas. Other considerations in the same context are provided and the visions of actions that could foreclose forensic science a secure and demanding future are discussed. At any rate, to make subject component of forensic science’ indifference and nihilism impossible; to prepare appropriate educational materials for teaching forensic science; the authors of research should avoid artificial innovations in their studies, which will awake years of debate and degrade the doctrine of science. Within the framework of the implementation of the dispersed approach to the unification of cognitive capabilities, and therefore to the objectively substantive interests of forensic science – methodologically adequately adjust its definition. To expand the scope of use of forensic science knowledge in a system of science or, leastways, in a system of academic discipline of forensic science – forecast and develop a separate section like “Forensic science out of criminal jurisdictions”.


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