Legislating process of the State in the Roman-Germanic legal family

10.12737/2067 ◽  
2013 ◽  
Vol 1 (5) ◽  
pp. 254-258
Author(s):  
Татьяна Парфенова ◽  
Tatyana Parfenova
Keyword(s):  
The State ◽  
Controversial Issue ◽  
Roman Law ◽  
Family Court ◽  
Modern Theory ◽  
State Law ◽  
Significant Element ◽  
Theory Of Law ◽  
Law Making

The article is devoted to the concept and types of legislating in the modern theory of law is studied here. The problem of determining the legislating process as an activity directed on creation of the legal act called the most significant element of the structure of existing law is also risen here. Such approach is explained by the feature of the Romano-Germanic law, which by its nature and character is a statutory law, led by the main law. Relying on comparative researches, the article discusses in detail the form of legislating directly related to the activities of the State law-making, by-laws making and judicial legislating. Legislation for the Romano-Germanic law, due to the postulates based in the Roman law, is one of the most significant kinds of legislating. A very important role, along with legislating plays by-laws creating, otherwise legislating of the executive bodies. Analyzing the controversial issue of judicial legislating in the Roman-Germanic legal family, the author points out the different role of the court depending on either Roman or German group is ment. For the Roman legal family court practiceis a source of law, which is the most significant. The article concludes the overview of the forms of legislating related to the activities of the state indirectly. These include contract legislating and legislating of legal custom.

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

scholarly journals The Role of Leaders in Formulation of the Foreign Policy Identity in Egypt

2021 ◽  
Vol 14 (4) ◽  
pp. 70-90
Author(s):  
I. E. Ibragimov
Keyword(s):  
Foreign Policy ◽  
Middle Eastern ◽  
National Level ◽  
The State ◽  
The Political ◽  
Peace Treaty ◽  
Political Leader ◽  
Modern Theory ◽  
Policy Decisions

The features of the formation of the of the state explains the high level of interest in this scientific problem in the modern theory of international relations. The study of for eign policy identity is capable of providing an understanding of the policy-making activity of the state and its positioning in the international arena. The process of forming a foreign policy identity linked to both objective and subjective factors. The objective factors should be classified as geographical, historical, cultural and religious, the key subjective factors can be considered the role of a leader. This factor is standard for Middle Eastern states, especially for Egypt, where there are traditions of strong centralized powers. Egyptian leaders have supreme power in foreign policy decisions within the framework of the political system. Egypt's foreign policy is often determined by the personal character traits of the country's leaders. This article aims to study the role of the head of the Egypt in the search for foreign policy identity in the context of an identity crisis at the national level. Egypt has a long history of authoritarian rule, because it is impossible to separate national identity from foreign policy identity. Since its independent existence, each period with its own context established a different framework of identity and worldview for decision-makers in the field of Egypt`s foreign policy. The predominance of various elements in ideological as well as worldview in the age of the rule of a particular president has led to noticeable differences in Egypt's foreign policy at the current stage. This article attempts to answer the following research questions: What place does of the institute of the heads of State in foreign policy decisions? How leader's influence does determine the foreign policy role of the state? What changes in foreign policy priorities have taken place during the analysis period? What are the reasons for the differences between the main periods of Egypt's foreign policy in goals, tools and approaches to the outside world? The author comes to the conclusion that the change of the political leader plays an important role in the transformations of Egypt's foreign policy. The article analyzes the main trends in the foreign policy self-perception of Egypt in order to confirm the hypothesis that the foreign policy identity of Egypt had not evolved a discontinuity even in the conditions of dramatic events, whether it is the Arab-Israeli conflict, the Peace treaty with Israel or the events of the Arab Spring.

scholarly journals Correlation between Philosophy and Theory of State and Law

2021 ◽  
Vol 39 (5) ◽  
Author(s):  
Oleg Grygor ◽  
Yuri Krysiuk ◽  
Angela Boyko ◽  
Vadim Zubov ◽  
Igor Sinegub
Keyword(s):  
Civil Rights ◽  
Theoretical Aspect ◽  
The State ◽  
Theory And Practice ◽  
Philosophy Of Law ◽  
Depth Study ◽  
History Of ◽  
Theory Of Law ◽  
The Relationship

At first glance, the relationship between philosophy and theory of law is not applied but is considered a purely theoretical aspect. This thesis is not correct due to the adoption of the European legal standard of human and civil rights, the role of philosophy of law, the foundations of the theory of state and law in the training of lawyers, the formation of future lawyers of high philosophical and methodological culture.In this article, based on the analysis of the history of philosophy of law and the general theory of state and law and their development, the authors justify as an autonomous status in the jurisprudence of the two disciplines, their relationship and vice versa - differences.To do this, the authors explored the historical excursion of world philosophical and legal thought, grouped scientific and theoretical views on the relationship between philosophy of law and theory of state and law and provided an argument for the close intersection of philosophy of law and theory of state and law, mobility between scientific disciplines.Close contact between philosophy and jurisprudence contributes to the understanding of law not only as a function of the state but also the essence of human spirituality.The authors concluded that the in-depth study of scientific and theoretical aspects of the relationship between philosophy, philosophy of law and theory of state and law is the result of bridging the gap between theory and practice and will further focus on expanding the interaction of philosophy, theory and law results of the functioning of the state and law.Emphasizing the relevance of the topic in terms of bridging the significant gap between theory and practice, between the declarative provisions of laws and their actual implementation, the legal, scientific community is increasingly expanding to enter the plane of the practical application of philosophical - theoretical thought.

scholarly journals Kepastian Hukum mengenai Penjamin Simpanan bagi Nasabah pada Lembaga Perkreditan Desa di Bali

2020 ◽  
Vol 9 (4) ◽  
pp. 572
Author(s):  
Dewa Putu Adnyana ◽  
I Ketut Sudantra
Keyword(s):  
Legal Protection ◽  
The State ◽  
Customary Law ◽  
State Law ◽  
Legal Certainty ◽  
Legal Research ◽  
Conceptual Approach ◽  
Law System ◽  
Legal Rules

The regulation of legal protection for customers who have savings funds in village financial institutions (LPD) is unclear. This causes no legal certainty for customers if the LPD experiences financial problems. The existence of LPDs in Bali is regulated in two types of legal rules, namely state law and customary law (legal pluralism). Analyzing the legal certainty aspects of deposit guarantor in statutory regulations and customary law is the aim of this research. This study uses a normative legal research methodology. This study uses two types of approaches namely, the statute and the conceptual approaches. The legal materials chosen as the basic analysis are primary and secondary legal materials. The conclusion of this study shows that the role of state law is more dominant than customary law. The above conclusion is shown by the fact of the research that most of the matters related to the technical operations of the LPD are regulated by the state law, in this case, is regional regulation about LPD. Based on the results of the study on the norms of local regulations on LPD and the nine awig –awig as a form of customary law from representatives of the nine regencies and city in Bali, there is no regulation on deposit guarantor institutions for LPD customers in Bali to provide legal protection. So that, regulating LPDs in Bali with two legal systems, namely the state law and the customary law system, does not guarantee legal certainty for the safety of customer's deposits. Pengaturan perlindungan hukum bagi nasabah yang mempunyai dana simpanan  di Lembaga Perkreditan Desa (LPD) saat ini tidak jelas. Hal ini menyebabkan tidak ada kepastian hukum bagi nasabah apabila LPD mengalami masalah keuangan. Keberadaan LPD di Bali diatur dalam dua jenis aturan hukum yaitu hukum negara dan hukum adat  (pluralisme hukum). Mengkaji aspek kepastian hukum penjamin simpanan  dalam setiap norma dalam peraturan perundang-undangan serta dalam hukum adat merupakan tujuan penelitian ini. Penelitian ini menggunakan metode penelitian hukum doktrinal (normatif). Penelitian ini menggunakan dua jenis pendekatan yaitu pendekatan peraturan perundang-undangan (statute approach), dan pendekatan konsep (conceptual approach). Adapun bahan hukum yang dipilih sebagai dasar analisis adalah bahan hukum primer dan bahan hukum sekunder. Kemudian kesimpulan dari penelitian ini menyebutkan bahwa dua sistem hukum dalam pengaturan LPD di Bali menunjukkan peran hukum negara lebih dominan daripada hukum adat.  Kesimpulan ini ditunjukkan oleh fakta penelitian yang ditemukan bahwa sebagian besar hal yang berkaitan dengan teknis operasional LPD yang merupakan satu-satunya organisasi keuangan milik Desa Adat di Bali diatur oleh hukum negara dalam hal ini diatur dalam peraturan daerah tentang LPD. Kemudian, berdasarkan hasil kajian terhadap norma peraturan daerah tentang LPD dan terhadap sembilan awig–awig sebagai bentuk hukum adat dari perwakilan Kabupaten dan Kota di Bali, tidak ada ditemukan pengaturan tentang lembaga penjamin simpanan bagi nasabah LPD di Bali untuk memberikan perlindungan hukum. Dengan demikian pengaturan LPD di Bali dengan dua sistem hukum yaitu hukum negara dan sistem hukum adat ternyata tidak menjamin kepastian hukum bagi keamanan dana simpanan para nasabah. 

Organização política da República Federativa do Brasil no Estado Democrático de Direito

2018 ◽  
pp. 137
Author(s):  
Nathan Martins Lemes ◽  
Miguel Belinati Piccirillo
Keyword(s):  
Federal Government ◽  
Legal System ◽  
Human Dignity ◽  
Federal District ◽  
The State ◽  
State Law ◽  
Distrito Federal ◽  
The Individual

ResumoHá elementos que constituem o Estado, apresentados a partir do artigo 18 da Constituição Federal. O ordenamento jurídico se apresenta como tendo dois tipos primordiais de normas, umas sendo sancionatórias e outras de organização. Há fatos que são vistos como obrigações formais dos cidadãos, mas não significa dizer que há democracia, esta passando por várias transformações ao longo da história. Estabelece-se no art. 18, na República Federativa, a constituição da União, Estados, Distrito Federal eMunicípios. Cada ente deve assumir um papel de responsabilidade pela luta da dignidade da pessoa humana (art. 1º). E o Direito no Estado entra para a garantia do mínimo de dignidade ao indivíduo. Vale muito mais um direito vivente do que apenas vigente, ou seja, o que realmente se vive socialmente e não apenas formalidades.Palavras chave: Democracia, Estado, Federação, República Federativa do Brasil.AbstractThere are elements that constitute the State, contained in article 18 of the Brazilian Constitution. Law appears to have two main types of norms, namely those that impose sanctions and norms of organization. Certain facts constitute obligations of citizens, although that does not imply that there is democracy, and they undergo several transformations through history. It is established in article 18 of the constitution of the Federal Government, of States, of the Federal District, and of Municipalities. Each entity must take on a role of responsibility for fghting for human dignity (article 1). Thus, State Law must aim to ensure a minimum of dignity to the individual. To this end, a living legal system is of more value it being merely valid, that is, it should live in society and not be only formalism.Keywords: Democracy, State, Federation, Federative Republic of Brazil.ResumenExisten elementos que constituyen el Estado, contenidos en el artículo 19 de la Constitución brasileña. El derecho aparece como dos tipos de normas, a saber, las que imponen sanciones, y normas de organización. Ciertos hechos constituyen obligaciones de los ciudadanos, aunque eso no implica que existe una democracia, pues esta pasa por múltiples cambios en la historia. El artículo 18 establece la constitución del Gobierno Federal, los Estados, el Distrito Federal, y las Municipalidades. Cada entidad debe asumir un rol de responsabilidad en la lucha por la dignidad humana (artículo 1). El Derecho Estatal, por tanto, debe asegurar un mínimo de dignidad al individuo. Así, un derecho vivo es más valioso que su mera validez, esto es, debe ser vivido socialmente, y no ser mera formalidad.Palabras clave: Democracia, Estado, Federación, República Federativa de Brasil.

scholarly journals “The Court of the Fatherland”

2021 ◽  
Vol 17 (2) ◽  
pp. 54-63
Author(s):  
A. V. Smirnov
Keyword(s):  
Legal Aspects ◽  
The State ◽  
Criminal Cases ◽  
The Right ◽  
Law Making

The article deals with the problematic issues of the formation and development of the institution of trial by jury. Illuminated the question of the content and role of various conceptual approaches: is a jury a “court of the fatherland” or does it exist as long as the state sees its own interest in its existence. The author formulates his position on these approaches and their reflection in the legislation. The article also discusses the constitutional and legal aspects of the stated topic. In particular, the question of what is the constitutional and legal content of the right to trial by jury, and whether it can practically be reduced to zero by means of sectoral law-making, is raised and studied. The article examines the question of the competence of the jury-the categories of criminal cases that need to be considered. The article considers the problematic issues of the formation of a jury court and outlines possible ways to solve them.

scholarly journals The role of customs in the system of social norms

2021 ◽  
Vol 118 ◽  
pp. 02019
Author(s):  
Aelita Mikhailovna Mongush
Keyword(s):  
Social Norms ◽  
Legal Theory ◽  
The State ◽  
Customary Law ◽  
Social Regulation ◽  
Legal Analysis ◽  
Legal Method ◽  
Characteristic Features ◽  
Theory Of Law

The purpose of the study is to determine the essence and role of the norms of customary law (customs) through a comprehensive historical-legal and comparative-legal analysis. The methodological basis of the research was such methods of scientific knowledge as: description and comparative-legal method, which enabled to reveal certain types of social norms, their particularities and characteristic features, as well as the historical-legal method and methods of analysis and synthesis. The result of the work was the conclusion that through the prism of customary law norms, the level of development of the state, the degree of independence of society from the state, as well as the state of legal culture is seen on the largest scale. In addition, the author considers a well-reasoned and proven conclusion that it is required to study customary law and customs to modernize legal theory. The work also gives the author’s definition of the category of “custom”: a custom is the established models of human behavior in society, which have developed in the course of their multifold repetition. The novelty of the research lies in the author’s approach to examining the relationship between customs and the theory of law, as well as in the fact that the norms of customary law and the custom appear to be independent and fundamental methods of social regulation in the system of social norms.

scholarly journals Theory of lawmaking in classical general legal theory and in the anthropological approach of law

2019 ◽  
Vol 2019 (3) ◽  
pp. 43-48
Author(s):  
Вадим Павлов ◽  
Vadim Pavlov
Keyword(s):  
Rule Of Law ◽  
Legal Theory ◽  
Theory And Practice ◽  
Soviet Period ◽  
Modern Theory ◽  
The Rule Of Law ◽  
Regulatory Impact ◽  
Anthropological Approach ◽  
Theory Of Law ◽  
Law Making

the article deals with the development of the modern theory of law-making process. The main changes that took place in the sphere of law-making in the post-Soviet period are analyzed. The importance of the use of such a modern law-making tool as regulatory impact assessment is considered. The analysis of the process of lawmaking from the perspective of anthropology of law is offered. The rule of law and its normativity in the anthropological approach do not precisely express the essence of law, but are only its substantive basis. The essence of law is necessarily expressed with the participation of a person in law, a subject involved in legal interaction. In addition to the rule of law and human rights in law, the third element of legal reality is significant – the fact of legal life, which reveals both the normative properties of the legal system, and reveals the legal properties of a person in law. Thus, in the anthropological approach, the rule of law and the normativity of law in comparison with the classical theory of law-making acquire a new meaning, characterized by the fact that in a General sense it can be called anthropologization of law, the acquisition of its human dimension. On this basis, the theory and practice of lawmaking should focus on the development of the doctrine of the interpretation of law, as well as on the practice of its implementation.

scholarly journals Paths and prospects of maintaining public order on the local level: search for consensus (philosophical-legal aspect)

2020 ◽  
pp. 1-7
Author(s):  
Sergei Viktorovich Naval'nyi ◽  
Tat'yana Viktorovna Shitova ◽  
Vladlena Vasil'evna Plisova
Keyword(s):  
Local Level ◽  
Legal Aspect ◽  
The State ◽  
Public Order ◽  
State Control ◽  
Categorical Analysis ◽  
The Russian Federation ◽  
Theory Of Law ◽  
Negative Phenomena

The problems related to development of public order and legal order are fundamental in the theory of law and largely carry a polemical character. Juridical science gives detailed attention to revelation of the essence and categorical analysis of this institution. The theoretical-legal substantiation of its functionality in the conditions of advancement of local self-governance is developed to a much lesser degree. This article analyzes the views of researchers on the representational nature of public order, determines its place within the system of local self-governance, expounds the significance in part of new approaches, including the amendments to the Constitution of the Russian Federation. The authors prove that public order is ensured by sustainable functionality of regulatory mechanisms that involve social structures. The role of the forming civil society is also significant in this regard. The articlegives assessment the state of public order, and demonstrates that it represents a dynamically developing state legal institution. The conclusion is substantiated that the need for protection of public order stems from its consistent social value for society as a whole. This contains the possibilities for controlling anarchy, mitigation of egoistic intentions of individuals, and retention of manageability by the state. Control of negative phenomena in the process of social development is capable of ensuring society from internal collapse.

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