scholarly journals The Rule of Law and Its Social Reception as Determinants of Economic Development: A Comparative Analysis of Germany and Poland

2021 ◽  
Vol 0 (0) ◽  
Author(s):  
Krzysztof Głowacki ◽  
Christopher Andrew Hartwell ◽  
Kateryna Karunska ◽  
Jacek Kurczewski ◽  
Elisabeth Botsch ◽  
...  
Keyword(s):  
Market Economy ◽  
Rule Of Law ◽  
Institutional Economics ◽  
New Institutional Economics ◽  
The State ◽  
Necessary Condition ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Playing Field ◽  
Depth Interviews

Abstract The rule of law is not just a necessary condition for a modern liberal society but also an important prerequisite for a stable, effective and sustainable market economy. However, relevant legal norms may be more or less successful depending on their social reception within a particular country. This study explores the connection between the rule of law, especially in terms of how it is viewed socially, and the functioning of market economy in the examples of two geographically contiguous yet often-diverging countries, namely Germany and Poland. We utilise two approaches to examine this issue, first studying societal perceptions of the various dimensions of the rule of law by way of standardized surveys and in-depth interviews conducted in both countries to determine the de facto state of the rule of law in the economic context. Secondly, we measure the effect of the de jure and de facto rule of law on economic outcomes using a multivariate panel analysis. Combining new institutional economics and sociology of law, our analysis finds that Polish firms perceive the rule of law and its execution by the state in a restrictive perspective, contributing to insecurity. German interviewees, however, showcase the supportive and transaction cost-reducing properties of the rule of law, displaying higher trust in the state. These findings are supported by an econometric analysis of the drivers of rule of law in both Poland and Germany, which shows the importance of rule of law in terms of a level playing field contributing to higher levels of investment.

The state of emergency in the Weimar Republic Legal disputes over Article 48 of the Weimar Constitution

2010 ◽  
Vol 78 (1-2) ◽  
pp. 135-158 ◽  
Author(s):  
Marc de Wilde
Keyword(s):  
Rule Of Law ◽  
Weimar Republic ◽  
The State ◽  
Legal Positivism ◽  
Carl Schmitt ◽  
Annual Conference ◽  
State Of Emergency ◽  
The Rule Of Law ◽  
Legal Norms

AbstractThe article analyzes the debate on 'constitutional dictatorship' that took place at the first annual conference of the Association of German Constitutional Lawyers in Jena in 1924. In their keynote lectures, Carl Schmitt and Erwin Jacobi argued that Article 48 of the Weimar Constitution authorized the President of the Reich to derogate from the rule-of-law provisions of the constitution if this was necessary to save its 'political substance'. Advocating a 'doctrine of derogation', they implicitly criticized one of the main methodological assumptions of legal positivism, i.e., that legal norms and politics, law and power, had to remain strictly separated. They thereby set the stage for the emerging 'conflict of methods and directions' that was to haunt German jurisprudence in subsequent years.

scholarly journals Legal Pluralism and the Rule of Law in Timor Leste

2006 ◽  
Vol 19 (2) ◽  
pp. 305-337 ◽  
Author(s):  
LAURA GRENFELL
Keyword(s):  
Rule Of Law ◽  
Legal Pluralism ◽  
The State ◽  
East Timor ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Informal System ◽  
Transitional Countries ◽  
Timor Leste

Many transitional countries face the problem of establishing the rule of law in a weak justice sector where a gulf separates local legal norms from national, constitutional norms that are drawn largely from the international sphere. As a case study of East Timor this article challenges simplistic positivist notions about the normative hierarchy of laws within a constitutionally bounded polity. It argues that in transitional countries such as East Timor legal pluralism is important but must be properly tuned to serve the rule of law. Legal pluralism poses certain dangers when it operates without any of the checks or balances that ensure accountability and the promotion of constitutional values such as equality. The rule of law is not served by an informal system where there are no formal avenues of appeal and thus minimal accountability and transparency. A more promising version of legal pluralism that comports with the rule of law is one that empowers the state to monitor local decisions to ensure that they observe the norms set out in East Timor's Constitution.

Rule of Law Economics: The Cost of Guarantors Services and Enforcement Errors

2011 ◽  
pp. 88-103 ◽  
Author(s):  
A. Shastitko
Keyword(s):  
Rule Of Law ◽  
Institutional Economics ◽  
New Institutional Economics ◽  
The Rule Of Law ◽  
Economic Exchanges ◽  
The Cost

The article shows the importance of respecting the Rule of Law for organization of economic exchanges in terms of the New Institutional Economics (NIE). A brief overview of traditions in the study of the Rule of Law as a phenomenon is presented, including the approach to the study of this principle within the NIE. The costs of rights guarantying and redress as well as types I and II errors regarding rules enforcement are demonstrated. The illustration of types I and II errors problems within the context of the Rule of Law principle implementation in the area of Russian antimonopoly legislation is proposed.

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 Problems of application of state coercion in the interpretation of local lawyers in the late XIX – early XX century

2019 ◽  
Vol 2019 (2) ◽  
pp. 96-105
Author(s):  
Никита Тарасов ◽  
Nikita Tarasov
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Theory ◽  
The State ◽  
The Rule Of Law ◽  
Legal Norms ◽  
State Coercion ◽  
Qualitative Characteristics

The questions relating to the interpretation of the Russian lawyers of the late XIX – early XX century of the role of state compulsion in ensuring the rule of law are considered in article. The interrelation between the state of legality and qualitative characteristics of state coercion is emphasized. The author draws attention to the problem of state coercion in the legal and doctrinal aspects. His attention focuses on the development of the idea of the nature, purpose and limits of state coercion in the domestic police-legal theory of the late XIX – early XX century. The author considers that legal scholars thought of state coercion as an exclusive, extreme means, the use and application of which is permissible only on the basis of legal norms in order to ensure the security and stability of its socio-political and political-legal system, in compliance with the rule of law.

scholarly journals CONCEPTUAL ASPECTS OF THE FORMATION OF THE LEGAL MODEL OF SUSTAINABLE DEVELOPMENT OF UKRAINE

2021 ◽  
pp. 3-17
Author(s):  
V.A. Ustymenko ◽  
◽  
R.A. Dzhabrailov ◽  
V.K. Malolitneva ◽  
T.S. Hudima ◽  
...  
Keyword(s):  
Sustainable Development ◽  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Specific Content ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Legal Model ◽  
The Eu

It has been found that the methodological principles of building a legal model of sustainable development of Ukraine remain imperfect. In this regard, it is argued that the basis of the legal model, first of all, shall be assigned general and sectoral legal principles that will create the theoretical base of normative activity. In particular, it has to be that the Rule of Law principle has a particularly specific content and acquires signs of a particular legal instrument in the process of law-making and law enforcement. Accordingly, the use of the Rule of Law principle in the process of assessing the efficiency of legal norms is proposed, which will talk about promoting the legal act of the ideology of justice. It is necessary to unacceptable laying into the legal model of sustainable development of the false concept of legal regulation of economic relations, which provides for the exclusion from the legal system of the state of certain branches of legislation, in particular economic legislation. It is substantiated that the Economic Code of Ukraine is the basis for achieving the goals of sustainable development on the economic component and synergistic associated with other acts of Ukrainian legislation in the environmental and social spheres. In this regard, it is argued that the effectiveness of the legal model of sustainable development will be significantly higher, subject to preservation in the legal system of the Economic Code of Ukraine, which will additionally testify to compliance with the Rule of Law principle. It is emphasized that in the light of the adaptation of Ukrainian legislation, including economic, to the EU Law and the signing of the Association Agreement between Ukraine and the EU, the influence of international legal norms on the state and directions of development of individual institutions of Economic law, which contributes to the universalization of the legal model of the steady the state's development.

scholarly journals Efficiency of Rules of Law in Regulation of Property Relations in International Commercial Turnover

2021 ◽  
pp. 27-34
Author(s):  
Volodymyr NAHNYBIDA
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Mandatory Rule ◽  
Law Making ◽  
Commercial Agreements

The article examines the essence and criteria for the effectiveness of the mechanism of legal regulation, the effectiveness of rules of law in international commercial agreements, given the distinction between the concept of «rule of law» as a mandatory rule of conduct adopted and protected by the state, and as a category covering not only certain national legal system, but also various legal regulators of non-national and non-state, international origin. It is established that ensuring the effectiveness of the rule of law is based on the need to achieve social, political, economic and other goals of its adoption, and is guaranteed by the construction of substantively and formally consistent, holistic within the relevant institution or branch of law and logically constructed legal prescription. It is proved that the complexity and variety of sources of legal regulation of international commercial agreements, the choice of the applicable law to which is based in general, indicates the inexpediency of limiting of the understanding of the construct of «rule of law» as exclusively sanctioned and enshrined by the state. In this regard, the thesis is put forward that in law-making activity it is necessary to construct provisions of new legislation on normative-legal acts and rule-making activity with awareness of needs and realities of international business, both Ukrainian and domestically located. Two ways to achieve this goal have been proposed: either by adjusting the proposed definitions of the rule of law or by establishing the scope of meaningful dissemination of the provisions of the future law on law-making activities exclusively within national borders and in relation to the Ukrainian legal system. Also, from the point of view of the effectiveness of legal regulation of international commercial agreements, it is justified that in this regard a broader and more modern understanding of legal norms, giving the parties a guaranteed opportunity to refer to general principles of law, trade customs, lex mercatoria, unified international instruments (for example, the UNIDROIT Principles, INCOTERMS), etc. should be implemented.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 1 (2) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

scholarly journals An Overview on Different Legal Systems and the Reflection in Kosovo

2015 ◽  
Vol 2 (1) ◽  
pp. 39
Author(s):  
Samedin Mehmeti
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Large Scale ◽  
The State ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Contemporary World ◽  
The Right ◽  
Rules Set

The state apparatus represents one of the fundamental elements of the development of contemporary society. While the right and law represents a basic understanding of the existence of the state power that performs in order to preserve a balance between the action which is accepted by society and other behaviors that by law are prohibited. The state actions principally are based on the rule of law, namely the legal system accepted or elected by people. Studying different legal systems, it shows that there are similarities more than the differences between them. Despite very different legal cultures, processing methods and institutions, different legal systems exhibit convergence in the treatment of different legal issues. As a result of these processes, many of the differences between common law and civil law now look more like nuances rather than as major differences. The differences are mostly pronounced in the styles of using legal argument, methodology, content and legal norms etc. Various legal systems, using different tools, aimed at the same purpose, and similar results are often taken from different justifications. Often it happens in practice that, despite the use of diverse tools and methods, they arrive at the same solutions or similar ones and it certainly that should not be surprising. So it can rightly be concluded that despite many changes, legal systems aim at achieving the same objective. While generally the target of the state is always and in any system the implementation of norms and rules set in advance, what the contemporary world tends to be considered as respect for the rule of law. In general, the objective of the state authorities in every system is the implementation of the norms and rules set in advance, that concept in the contemporary world tends to be considered as respect for the rule of law. Since Kosovo was part of the former Yugoslav federation and practically until the end of the war of 1999, in the absence of state sovereignty and subjectivity, people of Kosovo were not in a position to choose, like other sovereign nations which legal system will be applied on their lives. Without the will of the citizens, in Kosovo was applied a type of Continental legal system, with certain specific elements that were mostly common in other countries of former Eastern European Communist bloc. In the first years after liberation, until new legislation was passed through the legislative system, it was continued with the older system, through some minor changes. While at a later stage after the adoption of the new legislation, was introduced a large scale reform to the exciting system through the application of the combination of elements of Anglo-Saxon system, this reform which is to this day is in process as well.

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