Notion and interaction of international and national legal systems

2017 ◽  
Author(s):  
Вячеслав Гаврилов ◽  
Vyachyeslav Gavrilov
Keyword(s):  
Legal System ◽  
Great Part ◽  
Legal Systems ◽  
Law Schools ◽  
Law Enforcement Agencies ◽  
Legal Doctrine ◽  
Theoretical Concepts ◽  
Legal Norms ◽  
Theory Of Law ◽  
Legal Mechanism

The monograph addresses the development of the legal system concept within the general theory of law and international legal doctrine in the second half of the XX and the beginning of the XXI century. It also defines and analyses the content of the following categories: “national legal system” and “international legal system”; reveals prerequisites for and main directions of their interaction. A great part of the monograph deals with the analysis of theoretical concepts and characteristics of the legal mechanism behind the operation of international legal norms in the legal systems of modern States. It is intended for professors and students of law schools, employees of state bodies and law-enforcement agencies as well as for those who are interested in the international law theory and its practical realization.

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

scholarly journals Behavioral Analysis of Law: An Operant Interpretation of Legal Systems

2020 ◽  
Vol 11 (1) ◽  
pp. 092-113
Author(s):  
Jorge M. Oliveira-Castro ◽  
Julio Cesar De Aguiar
Keyword(s):  
Legal Theory ◽  
Great Part ◽  
Main Function ◽  
Behavioral Patterns ◽  
Legal Systems ◽  
Second Person ◽  
Discriminative Stimuli ◽  
Verbal Responses ◽  
Legal Norms ◽  
First Response

   Law is interpreted as a functionally specialized social system, selected by its consequences, whose main function is to control politically defined socially undesirable behavior. Such control derives from legal norms, which are interlocked behavioral patterns, controlled by changes in the probability of application of sanctions, that establish social contingencies of reinforcement to the behavior of group members. These behavioral patterns form a legal behavioral network, in each node of which one response emitted by one person produces discriminative stimuli to the response of a second person, which, in turn, reinforces the occurrence of the first response and generates discriminative stimuli for the behavior of other individuals that take part in subsequent nodes. A great part of behavioral patterns that form legal norms consist of rule uttering responses, occurring in problem-solving contexts, which are verbal responses reinforced by changes in the repertoire of other individuals related to the probability of application of sanctions. Legal rules are composed of three elements: relevant factual assumptions, social goal and legal contingency. This behavior-analytic interpretation of legal systems, which proposes a novel naturalistic legal theory, encourages new areas of empirical research and applications. 

scholarly journals Coordination of labor and civil law in the idea of commercial representation

2021 ◽  
pp. 111-120
Author(s):  
A. Maksurov
Keyword(s):  
Law Enforcement ◽  
Civil Law ◽  
Modern World ◽  
Legal Systems ◽  
Legal Doctrine ◽  
Legal Norms

The paper describes the genesis of the idea of commercial representation in the modern world, the models of commercial representation adopted in different countries and legal systems. The analysis of the legislation of Russia and Belarus on this issue is made. The assessment of the legal doctrine considering the problems of commercial representation is given. The international legal norms on commercial representation are investigated. The study highlights the features of commercial representation established by both legislation and doctrine. Each of the features of commercial representation is defined from the position of distinguishing commercial representation from related legal phenomena. The paper makes suggestions for improving the current legislation and law enforcement practice in terms of the rules on commercial representation. In particular, the author proposes to expand the range of possible commercial representatives at the expense of employees of the organization( entrepreneur), to clarify the scope of the commercial representation and its goals.

ON THE PECULIARITIES OF AFGHANISTAN’S LEGAL SYSTEM DURING THE RULE OF THE TALIBAN

2021 ◽  
pp. 120-134
Author(s):  
Boris A. Antonov ◽  
Keyword(s):  
Ethnic Groups ◽  
Legal System ◽  
Customary Law ◽  
Legal Systems ◽  
Legal Norms ◽  
Relationship Of

The essence of any legal system in the concrete state depends on what is actually recognized in it as the main source of law. In case of Sharia, such sources are Koran, Sunnah, qiyas, and Yidma. In addition to Sharia, however, pre-Islamic and non-Islamic sources of law – such as adat (custom), firman (decree) and nizam (law) – are actively involved in the legal systems of many Muslim states. The operation of several sources of law in one country is an example char- acteristic for the Islamic Emirate of Afghanistan during the rule of the Taliban there. Lack of balance between the interests of different ethnic groups in Af- ghanistan, the inability of Afghan authorities to compromise and contradic- tions among the competing legal norms have led to destabilizing the legal sys- tem of the country that has finally been transformed into a kind of space where several enclave legal sources operate, being in a conflict with each other at such levels of their interaction as Hanafi-Hanbali (the level of madhhabs), inner- Islamic (Sufi and Wahhabi, Shiite and Sunni), ethno-political (Pashtunization and Talibanization), Sharia -non-Sharia (adat, firman). The last level – which is Sharia – non-Sharia (adat, firman) – has become an illustrative example of a complicated, sometimes conflicting, relationship of Sharia and adat (customary law, enshrined in the code of honor “Pashtunwali”).

Artificial intelligence, legal system and state functions

2020 ◽  
Author(s):  
Aleksandr Bratko
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Methodological Problems ◽  
Theory Of Law ◽  
State Functions

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.

scholarly journals The legal mechanism of bringing to account in the epoch of digitalization

2021 ◽  
Vol 109 ◽  
pp. 01012
Author(s):  
Tatiana Deryugina ◽  
Lyudmila Chegovadze ◽  
Albert Tumakov ◽  
Felix Vertlib
Keyword(s):  
Information And Communication Technologies ◽  
Digital Technologies ◽  
Civil Liability ◽  
Communication Technologies ◽  
Legal Regulation ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Information And Communication ◽  
General Scientific ◽  
Legal Mechanism

An analysis of problems occurring during the application of civil liability in legal relationships using information and communication technologies is being conducted in this scientific research. Apart from the absence of legal norms, there are conflict-of-laws rules, contradictions in which are to be resolved. The research of the turnover using digital technologies takes a big part in the legal doctrine. It must be noted that several fundamental works have appeared that make it possible to create a harmonious and non-contradictory system of legal regulation. However, there are still some unresolved questions left; for instance, ones concerning the mechanism of legal regulation of civil liability of subjects that have entered relations using digital technologies. The analysis of the civil law doctrine, the propositions of current Russian and international legislations, and legal practice have revealed a complex of problems connected to the civil liability of subjects entering legal relations using information and communication technologies. It became possible to systemize them depending on the subject and their role in the initiation or termination of the relation. A range of methods (general, general scientific and legal) has made it possible to make conclusions about the reasons why legal regulation is imperfect and why conflicts exist (to prevent them from happening in the future), formulate a legal regime of liability of subjects of the main or supporting group, suggest alterations to the current Russian legislation, aimed at bringing the owner of the information system to account.

On the theory of interpretation

Legal Studies ◽  
1990 ◽  
Vol 10 (2) ◽  
pp. 127-135 ◽  
Author(s):  
Hans Kelsen
Keyword(s):  
Hierarchical Structure ◽  
Legal System ◽  
Intellectual Activity ◽  
Concrete Material ◽  
Standard Case ◽  
Legal Norms ◽  
The Hierarchical Structure ◽  
Theory Of Law ◽  
General Norm ◽  
Individual Norm

The legal system is not a system of co-ordinate norms, found at one and the same level. Rather, it is a hierarchical structure of superordinate and subordinate legal norms, whose reciprocal relations are illuminated by the structural analysis undertaken by the Pure Theory of Law. The enquiry into the hierarchical structure of the legal system has significant consequences for the problem of interpretation. Interpretation is an intellectual activity accompanying the law-creating process as it moves from a higher level of the hierarchical structure to the lower level governed by this higher level. In the standard case, that of interpreting statutes, the question to be answered is how, in applying the general norm (the statute) to a concrete material fact, one is to arrive at a corresponding individual norm (a judicial decision or an administrative act).

сила синергії у проявах правової науки: міждисциплінарне дослідження

2019 ◽  
Vol 24 ◽  
Author(s):  
М. Д. Василенко ◽  
В. М. Слатвінська
Keyword(s):  
Scientific Knowledge ◽  
Synergetic Effect ◽  
Nonlinear Dynamic System ◽  
Essential Difference ◽  
Basic Principles ◽  
Theoretical Concepts ◽  
Legal Norms ◽  
Legal Rules ◽  
Legal Science ◽  
Theory Of Law

The article discusses the concepts of “synergy”, “synergetics”, “synthesis” and “synergetic effect”. It is noted that it is synergetics that studies synergy and synergetic effects. It is established that the essence of synergy is revealed through the spectrum of its properties (emergences). With the help of synergetic approach, the character of system connections between elements (components) of complex system formations is investigated. Law is represented as a complex, non-equilibrium, open, nonlinear, dynamic system. It is found that an important condition for synergy is compliance with the basic principles of organization and self-organization. The power of synergy in the theory of law is manifested and extends to various branches of legal science, in particular, it is shown how it affects economic law. Recognizing the position of I.R. Prigogine on instability and instability in nature as fundamental characteristics of the Universe the authors urge not only to look differently at the previous theoretical concepts of the construction of the Newtonian-Laplacian type, but also to some extent to re-evaluate the variability of even the system of law, in particular economic (innovation), and the process of innovation development in General. Attention is focused on the influence of the synergy force in the study of legal phenomena using the synergetic approach. The opinion of G. Haken concerning the manifestations of the essence of synergetics is discussed. It is established that the essential difference of synergetics, which significantly distinguishes it from other traditional methods of scientific knowledge, is that any legal phenomenon in the process of its study with the help of the synergetic method must be investigated both from the outside and from within. Scientific approaches to understanding the concept of “synergy” are revealed, and the power of synergy in legal science is determined. The arguments in favor of the use of synergetics in the study of legal phenomena are presented. Attention is drawn to the fact that the system chooses for himself the most appropriate form of regulation of relations that best reduces the level of entropy in the system requires less cost, i.e. causes fewer disturbances, it applies scientific knowledge in General, that is, the legal system, the prediction result of legal rules and timing advanced training of legal norms and legal relations.

The Conceptual Function of Law

2018 ◽  
Author(s):  
Kenneth Einar Himma
Keyword(s):  
Legal System ◽  
Legal Systems ◽  
Legal Norms ◽  
Social Facts ◽  
Enforcement Mechanisms

A legal system is understood to be a social artifact in the sense that it is constituted by certain social facts. As such, a legal system has a characteristic use (or purpose) that determines what in this chapter is called its conceptual function. The chapter goes on to argue that the conceptual function of a legal system is to keep the peace by regulating behavior through legal norms. Further, insofar as a legal system is an institution that is created to solve problems of beings like us in a world like ours, the chapter posits that the manner in which legal systems, as a conceptual matter, attempt to keep the peace is by authorizing coercive enforcement mechanisms for some violations of law.

scholarly journals Formation of the legal system theory in Legal science (Part 2)

2020 ◽  
pp. 26-33
Author(s):  
Larysa Udovyka
Keyword(s):  
General Theory ◽  
International Law ◽  
Legal System ◽  
Comparative Law ◽  
Universal Theory ◽  
Legal Systems ◽  
Philosophy Of Law ◽  
Territorial Integrity ◽  
Legal Science ◽  
Theory Of Law

The article is devoted to the study of the formation of the theory of the legal system in legal science. The third stage in the development of the theory of law is characterized system, which begins at the beginning of the second decade of the XXI century. and continues to this day. t this stage, the interpenetration of ideas, provisions, conclusions about the development of the legal system within the legal sciences and areas that study the legal systems: the theory of state and law, comparative law, international law, philosophy of law is increasingly being traced. This stage is characterized by the search for answers to the question of approximation of the domestic legal system to European law; the mechanism of interaction between the national legal system and the EU legal system; features of systematization and unification of legislation at the stage of legal integration; directions of transformation and modernization of the legal system of Ukraine in the context of European integration and globalization, etc. The interpenetration of ideas and provisions largely reflects the objective process of strengthening and deepening the interaction of national and international legal systems, the inability to answer the vast majority of questions that arise in this regard, limited only to national or international law In recent years, the legal system of Ukraine, along with the traditional ones, has faced fundamentally new problems caused by external factors, including such as the establishment and consolidation of European foreign policy priorities, the search for effective legal means to counter threats to independence, national sovereignty, territorial integrity, territorial integrity, territorial integrity, energy threats, protection of citizens' rights violated as a result of annexation of Crimea, occupation in eastern Ukraine. Solving these and other problems is possible only through a comprehensive, systematic understanding, based on the achievements of the general theory of law, comparative law, international law, philosophy of law with the use of new approaches and methods, that is, within the framework of the general (universal) theory of law. The peculiarities of the development of legal science at this stage at the present day raise the question of the need to form a universal (general) theory of law as a conceptual basis of the theories of national and international law.

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