scholarly journals PROBLEMS OF FORMATION OF THE LEGAL CULTURE OF THE MODERN SOCIETY

2017 ◽  
Vol 3 (3) ◽  
pp. 18-22
Author(s):  
Арман Ахметов ◽  
Arman Ahmetov
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal System ◽  
Social Practice ◽  
Modern Society ◽  
Scientific Work ◽  
Legal Culture ◽  
The Rule Of Law ◽  
Democratic State

This article analyzes the legal culture of the modern society. The aim of the paper is to select the values of the legal culture of the Republic of Kazakhstan during its development as a democratic state. Special attention is paid to the study of axiological aspects of the legal culture in the process of development of democratic state and formation of civil society. The scientific work was based on a scientific research of Kazakh and foreign authors on nature of law, legal culture, its values in the process of formation of civil society and a state governed by the rule of law. The author believes that legal culture is a phenomenon quite complex and diverse in its internal structure and variety of social relations. The legal culture is not only knowledge of the laws, norms of law and methods of their use, however, and involves them as mandatory elements of the legal system. Legal culture includes awareness and the level of law-enforcement activities in the interests of ensuring and strengthening the rule of law. There are a few conclusions at the end of the article. The author believes that the legal culture is a certain steady state of social consciousness and social practice whish are based on repeated certain activities, the systematic functioning of the various structural elements of the legal system — the law, morality and traditions.

scholarly journals Ideological manifestations of Christian-legal traditions in the legal system

2021 ◽  
pp. 195-199
Author(s):  
I. V. Mima
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Practice ◽  
Modern Society ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
Important Place ◽  
Legal Traditions ◽  
Historical Heritage

The process of development of various directions of objective scientific analysis of problems of the theory of the state and law is investigated; the analysis of transformational processes of Christian-legal traditions in the legal system is carried out. The author argues that the Christian legal traditions are a unique religious and social value, because they embody the fundamental principles of civilized organization of religious relations in society, their regulatory requirements. Christian legal traditions generalize national law at the level of the legal space, reflect the unity of the legal system, which fixes the legal individuality and identity of the country, which affects the formation of the national idea. The author notes that in modern society, Christian legal traditions, Christian legal traditions appear as a legal category, a phenomenon of legal culture, an element of the legal system and a component of the succession of law, which captures generalized legal experience, legal memory, legal knowledge and legal ideas. passed down from generation to generation as acceptable ways of organizing society, models of formation of the legal system, order in law, hierarchy of values in law, etc. The point of view that Christian-legal traditions can be characterized from the standpoint of traditionalism and modernism is substantiated. Socio-historical heritage is a liability of past traditions and a basis for the formation of new traditions. In general, modern society is characterized by the action of real Christian legal traditions, which combines authentic and non-authentic Christian legal traditions and socio-historical heritage in ensuring the heredity of social development with its previous stages. Authenticity is determined by the preconditions for the formation of Christian legal traditions in society, arising from the laws of the stages of its development. Inauthentic Christian legal traditions are created artificially and act as declared social norms that have not yet confirmed their value nature in the course of social practice. They are most often observed in societies undergoing transformational periods of their existence, during which there is a need for new methods of regulating social relations and means of community unification. Such Christian legal traditions can be used to fill gaps in the mechanism of social and normative regulation of social relations by connecting the past with new conditions and needs. In addition, Christian-legal traditions occupy an important place in the socio-normative organization of modern society, and during the historical process of development of society the content of Christian-legal traditions was influenced by ideological, cultural and socio-economic deformations of society. Christian-legal traditions as religious-normative principles ensure the realization of Christian-legal ideals and values in religious relations, their indisputable status in public life. Keywords: legal system, Christian-legal traditions, legal heritage, traditionalism and modernism, legal culture, legal consciousness, authentic and non-authentic Christian-legal traditions.

scholarly journals The rule of law as a principle of administrative process implementation experience within the framework of western legal culture

2021 ◽  
pp. 229-233
Author(s):  
I.O. Pozigun
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Public Authorities ◽  
Administrative Process ◽  
The Rule Of Law ◽  
National Legal System ◽  
Implementation Experience

The relevance of the article is stipulated by the necessity to implement the rule of law requirements into the national legal system, in particular, in the administrative process, The following factors are indicated as factors that necessitate recourse to the experience of Western legal culture: the concept of the rule of law is the achievement of European culture; Ukrainian legal doctrine to this day has not largely departed from the doctrine of the principle of legality. It is noted that for the domestic legal science the issue of the rule of law is relatively new, which determines the state of its knowledge. At the beginning of the formation of the national system of law, translations of papers by foreign authors on the rule of law mostly distorted the interpretation of the phenomenon of the rule of law as the rule of the law. Emphasis is placed on the fact that the implementation of the rule of law, its implementation in the regulation of social relations indicates that the relationships between people, as well as the relationship between a person and public authorities are based on the requirements of legal norms; that all subjects of social relations are governed by law, not by force. It is indicated that for the domestic legal activity the implementation of the rule of law (including into the administrative process) should be carried out by way of the human rights provision (and, accordingly, the rights of the subjects of the administrative process). It is substantiated that the aspect of the rule of law principle implementation experience by European states, which is connected with the realization of the stated intentions, is crucial. The connection between law and morality in the context of soft law formation is highlighted. Based on the European Court of Human Rights practice analysis, the following legal provisions are identified in the context of the subject matter: the implementation of the rule of law within Western states necessitates effective public control over the activities of executive bodies as to restricting human rights and fundamental freedoms; the implementation of the rule of law principle within Western states necessitates the harmonization of the law and order over time and the legal certainty of legal acts. It is summarized that having proclaimed the principle of the rule of law as a component of the national legal system, its foundation, it is crucial for public authorities to study and borrow the experience of European states in implementing the requirements of this fundamental principle in state building.

scholarly journals Legal doctrine, legal science and protection of human rights (efficiency ratio)

2020 ◽  
Vol 11 (11) ◽  
pp. 11-15
Author(s):  
Onischenko N.
Keyword(s):  
Human Rights ◽  
Civil Society ◽  
Rule Of Law ◽  
Legal Doctrine ◽  
The Rule Of Law ◽  
Current State ◽  
Legal Science ◽  
Democratic State ◽  
Protection Of Human Rights ◽  
Spatio Temporal

The current state of Ukrainian society requires the scientific community to find answers to the general social impulses needed for reform strategies: from unconstructive attempts to replace the state with civil society to efforts aimed at their balanced interaction. It is the principle of social and political balance in the relationship between the rule of law and civil society should be the basis for correcting and correcting the unstable economic situation, overcoming acute social conflicts, establishing the rule of law, building a democratic state. It should be noted that it is quite clear that sometimes the implementation of a right requires at least not one, but clearly several opportunities, such as: economic, educational, social, gender, etc., existing in the relevant spatio-temporal continuum. Moreover, there is an indisputable thesis that there are no secondary or non-first-class or type of human rights, so every unrealized, not realized in time or not fully realized right, without a doubt, is based on the lack of, first of all, the corresponding real opportunities. It is also clear that the implementation of a certain right depends, for example, on the relevant regulations. we note that state-building processes, their dynamics, progressive trends depend on many factors. In this context, the interconnectedness of the development of a democratic, legal, social, European state and the formation of a mature, active, civil society was considered. Keywords: legal science, legal doctrine, human rights, rights and opportunities, legal development.

scholarly journals THE IMPACT OF THE LAW VALUES TO OVERCOME LEGAL NIGILISM

2019 ◽  
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Natural Law ◽  
Negative Attitude ◽  
Legal Culture ◽  
Social Value ◽  
The Rule Of Law ◽  
Potential Strength ◽  
Objective Property ◽  
High Level

The article substantiates the idea that in the process of the formation and development of the foundations of a civil society and the rule of law, legal nihilism continues showing to a certain extent its potential and thus inhibiting progressive legal changes. Attention is focused on the peculiarities of the stability of legal nihilism and the problems of its gradual overcoming. It is emphasized in the offered article the importance of the law values priority, of the legal ideal, of the principle of social justice in the process of eradicating the manifestations of legal nihilism in the relevant areas of society life activity and personality. The authors came to the following conclusion: Values of law is a phenomenon of objective property, to be based on the ideas of the natural law, arising from the fact of human existence and directed exclusively to a person, to his rights and needs. Value entity of law really manifests itself only under operating conditions of civil society and legal state, recognising a person, his rights and freedoms as the highest social value. Legal nihilism begins losing its potential strength only when the majority of members of civil society recognize the priority of values of law. Confrontation of values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Basing on the values of law, civil society institutions can solve problems being in the field of interests and needs of each person, so creating favourable conditions to eradicate legal nihilism. Using the truly valuable potential of law (first of all, legal law), civil society and legal state carry out transformations that ensure decent existence of any individual and by this minimizing the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal state, the practical negative attitude to legal nihilism should not weaken, because in the face of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with constant increase in the level of legal awareness and legal culture of the majority of members of civil society, which is a consequence of the following conclusions. Values of law is a phenomenon of objective property, based on the ideas of natural law, arising from the fact of a person’s existence and directed exclusively to a person, his rights and needs. The value essence of law really manifests itself only in the conditions of the functioning of civil society and the rule of law, recognize a person, his rights and freedoms as the highest social value. Legal nihilism begins to lose gradually its potential strength only when the majority of members of civil society recognize the priority of the values of law. The confrontation of the values of law and legal nihilism decisively narrows the scope of negative legal phenomena in all forms of their manifestation. Based on the values of law, civil society institutions can solve problems that are in the field of interests and needs of each person, which creates favourable conditions for the eradication of legal nihilism. Using the truly valuable potential of law (first of all, legal laws), civil society and the rule of law carry out those transformations that ensure the worthy existence of the individual and thereby minimize the manifestation of legal nihilism. Even with a sufficiently high level of development of civil society and legal law any negative attitude to legal nihilism should not be weaken, since in the conditions of any social and legal reality, various offenses (including serious crimes) can be committed. Overcoming legal nihilism is associated with permanent increase in the level of legal awareness and legal culture of the majority of civil society members which is a consequence of increase of quality of legal education and upbringing.

scholarly journals ACCESS TO JUSTICE AND ABUSES OF CONTRACT

2017 ◽  
Vol 33 (2) ◽  
pp. 177
Author(s):  
Margaret Jane Radin
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Legal System ◽  
Common Law ◽  
Access To Justice ◽  
Digital Environment ◽  
Mass Market ◽  
The Rule Of Law ◽  
Société Civile ◽  
Fine Print

Mass-market standardized fine print (boilerplate) altering the rights of consumers is greatly expanding in today’s digital environment  Mass-market boilerplate impacts access to justice when it deletes rights to redress of grievances. Such deletion of rights leads to normative degradation because it undermines agreement, which is the basis of justifiable contractual enforcement, and leads to democratic degradation because it undermines the basis of civil society and the rule of law. A brief comparison of US and Canadian common law suggests that Canada’s legal system is less willing to allow these inroads into access to justice. Dans le monde numérique d’aujourd’hui, l’insertion dans les conventions, ententes et contrats les plus communs de clauses standardisées en petits caractères, qui dénaturent les droits des consommateurs, est de plus en plus fréquente. Ces clauses passe-partout ont des répercussions sur l’accès à la justice lorsqu’elles suppriment le droit à la réparation d’un préjudice. Une telle suppression de droits mène à la dégradation normative parce qu’elle mine le consentement, qui est la base de l’exécution justifiable d’une obligation contractuelle, et à la dégradation de la démocratie parce qu’elle gruge la base de la société civile et la primauté du droit. Une brève comparaison de la common law des États-Unis et de celle du Canada laisse voir que le système juridique canadien est moins porté à permettre de tels empiètements sur l’accès à la justice.

How to Conduct Research in Israeli Law

2000 ◽  
Vol 28 (1) ◽  
pp. 127-142
Author(s):  
Ruth Levush
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Legal Culture ◽  
Rational Approach ◽  
The Rule Of Law ◽  
The Individual

The Israeli legal system belongs to the Western legal culture which is based on the rule of law and takes secular, liberal and rational approach that puts the individual at the center. The Israeli legal system has been classified as a “mixed jurisdiction” in that it has traits of both common law as well as civil law systems.

scholarly journals Factors of corruption with reference to the situation in the Republic of Serbia

2021 ◽  
Vol 63 (3) ◽  
pp. 145-162
Author(s):  
Aleksandar Sakač
Keyword(s):  
Rule Of Law ◽  
Modern Society ◽  
Limited Resources ◽  
The Rule Of Law ◽  
Development Path ◽  
Democratic State ◽  
The Subject ◽  
The Republic ◽  
Corrupt Behavior ◽  
Almost All

Corruption is one of the most dangerous phenomena of modern society. Woven into the pores of almost all states, institutions and systems to a greater or lesser extent, it deserves as such to be the subject of research. The characteristics of corruption indicate a recognizable form of corrupt behavior, while the causes direct attention to the source of the problem, directing limited resources to preventive rather than, somewhat outdated, repressive behavior. Factors of corruption, which are numerous, are limited to those that are recognized as the most important and at the same time the biggest catalysts for the development of corruption. Timely focusing on the factors of corruption enables the updating of existing and finding new mechanisms by which corruption can be reduced to a level that enables the functioning of the rule of law and a democratic state system. As a country that has gone through periods of war and transition, and that is still on its development path, Serbia is an excellent ground for finding conclusions about the validity of existing and finding new anti-corruption measures.

THE PROBLEM OF CORRELATION OF THE CONCEPTS «SOVEREIGNTY» AND «NATIONAL IDENTITY»: THEORETICAL AND PRACTICAL DIMENSION

2020 ◽  
Keyword(s):  
National Identity ◽  
Civil Society ◽  
Rule Of Law ◽  
Natural Community ◽  
Sovereign State ◽  
The Rule Of Law ◽  
Democratic State ◽  
Cultural Component ◽  
The Stability ◽  
The Individual

The position of close connection between the concepts of «national identity» and the concept of «sovereignty» is defended. Emphasis is placed on the fact that in Ukraine the issue of national identity is often related to its ethnic and cultural component. After all, the basis for the formation of national identity after the collapse of the USSR was ethnic identity, mainly due to the fact that in the days of the Soviet state there was no fully developed civil society. But since for a modern nation that integrates into the European community, the civic component of national identity is no less important than ethnic, the next step in its crystallization should be the «cultivation» of a mature civil society. It is articulated that the latter consists of sovereign, educated individuals on whom social (people's) sovereignty depends, which in democratic countries is essentially and procedurally provided by the rule of law and, ultimately, creates the subjectivity and sovereignty of the latter. It is noted that one of the important functions of a sovereign state is the ability to recreate its own national identity. And for a democratic state, it is important to provide everyone with the opportunity to make a conscious and free choice of his identity. After all, when there is a possibility of conscious choice, then a mature civil society is formed, ready to defend its own national identity, as the latter will be formed in its own coordinate system of citizens, rather than under duress, which is more typical of authoritarian and totalitarian states. Which, ultimately, will ensure the stability, subjectivity and sovereignty of the state at both the domestic and foreign policy levels. Emphasis is placed on the fact that the nation is a natural community, and the natural community does not have the ability to articulate the problem of the sovereignty of the individual, which is based on the concept of natural rights. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. The implementation of the latter can be ensured only by the rule of law under the influence of civil society. Therefore, the modern national identity in Ukraine can be formed in the context of European traditions, if the full implementation of both ethnic and civic components.

Access to, and Provision of, Legal Information in the Transition from Communism to Democracy in Estonia

2006 ◽  
Vol 6 (2) ◽  
pp. 113-119
Author(s):  
Julia Laffranque
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Order ◽  
Private Law ◽  
Public And Private ◽  
Legal Information ◽  
The Rule Of Law ◽  
Democratic State ◽  
Penal Law ◽  
The Republic

The Estonian legal system has over the last decade and a half undergone a tremendous change. Quite often we have had to start from almost nothing and to develop our law very fast compared to societies with long lasting traditions of stable and well established democracy where similar reforms have taken hundreds of years instead of ten. The years that have passed since the reestablishment of Estonia's independence are characterised by reforms of the legal system, preparation for them, and finally their implementation. All these activities have stemmed from a single underlying idea - to develop a legal order appropriate to a democratic state based on the rule of law. Reforms in public and private law as well as in penal law were finalised ten years after the entry into force of the Constitution of the Republic of Estonia in 1992.

scholarly journals Franz Neumann, o direito e a teoria crítica

2004 ◽  
pp. 53-73
Author(s):  
José Rodrigo Rodriguez
Keyword(s):  
Political Theory ◽  
Rule Of Law ◽  
Legal System ◽  
Modern Society ◽  
The Rule Of Law ◽  
Franz Neumann

Este artigo apresenta o pensamento de Franz Neumann situando-o na tradição dos autores da Teoria Crítica da Sociedade. O texto apresenta os argumentos centrais da obra The Rule of Law: Political Theory and the Legal System in Modern Society de 1937, centrando-se na discussão das implicações da crise da República de Weimar sobre o pensamento do autor. O impacto teórico desta crise motiva a reformulação do conceito de Direito, compreendido num contexto de politização do capitalismo. O Direito deixa de ser considerado como mera superestrutura e passa a pensado como momento necessário da revolução socialista.

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