scholarly journals Democratic Legal Culture: How Strong are Values?

2021 ◽  
Vol 2 (4) ◽  
pp. 623-628
Author(s):  
Zafar Ergashev
Keyword(s):  

This article is about on legal reforms on raising democratic legal culture in Uzbekistan. 

2018 ◽  
Vol 50 (4) ◽  
pp. 649-668 ◽  
Author(s):  
Omar Youssef Cheta

AbstractThis article examines the emergence of a new corps of legal practitioners in Egypt during the 1860s and early 1870s. The proceedings of hundreds of merchant court cases in mid-19th-century Cairo are replete with references to deputies and agents (wukalā; sing.wakīl) who represented merchant-litigants in a wide range of commercial disputes. Examining how these historical actors understood Egyptian, Ottoman, and French laws, and how they strategically deployed their knowledge in the merchant courts, this article revises the commonly accepted historical account of the founding of the legal profession in Egypt. Specifically, it argues that norms of legal practice hitherto linked to the establishment of the Mixed Courts in 1876 were already being formed and refined within the realm of commercial law as part of a more comprehensive program of legal reforms underway during the middle decades of the 19th century. In uncovering this genealogy of practice, the article reevaluates the extent to which the khedival state shared a legal culture with the Ottoman center, and, simultaneously, created the space for a new form of legal representation that became ubiquitous under British, and, subsequently, postcolonial rule.


2008 ◽  
Vol 36 (1) ◽  
pp. 79-103 ◽  
Author(s):  
Man-Chung Chiu

AbstractIn Hong Kong, even though the Bill of Rights Ordinance (the localized version of ICCPR), Sex Discrimination Ordinance and a series of legal reforms were enacted and introduced respectively in 1991 and 1994, gender discrimination in legal discourse still persists. Chinese customary law, which only recognises the male's right to build small houses in the New Territories, remains an exception under the Sex Discrimination Ordinance; and the oppression of (female) sex workers is not yet recognized. Some politicians argue that discrimination is inherent in the Han-Chinese culture of harmony, which is impossible to understand from the Euro-American individual-centric perspective of gender equality. They further quote Daoist YIN-YANG cosmology where YANG/Male/Masculinity is supreme; and Confucian Constant Virtues where women are marginalized as examples showing that Han-Chinese culture, where harmony is hegemonized, cannot tolerate or accept gender equality. This paper adopts a critical perspective in examining the above arguments and points out not only that a “pure” version of patriarchal socio-legal culture in the name of harmony hegemony does not exist, but (indigenous) culture should always be meticulously and critically represented in order to reproduce “justice”. I would also argue that it is possible to scrutinize and explore the spaces of resistance within the Hong Kong Han-Chinese socio-legal culture, where foreign theories of gender justice/equality and related legal reforms can be examined.


2020 ◽  
Vol 10 (2) ◽  
pp. 199-210
Author(s):  
Yosril Radiansyah ◽  
Antory Royan Adyan ◽  
Hamzah Hatrik

This study raises issues related to the roles of Bhabinkamtibmas and the constraints of Bhabinkamtibmas in implementing restorative justice against criminal acts of persecution in the North Bengkulu Police. This study aims to find out and analyze what the roles and constraints of Bhabinkamtibmas in implementing the process of restorative justice against criminal acts are. This research is an empirical legal research type from the facts that exist ina society, legal entity or government agency. The results of this study indicate that the existence of Bhabinkamtibmas has helped many Police institutions especially North Bengkulu Resort Police starting from the early detection of criminal acts (pre-emptive functions), the process of preventing criminal acts (preventive functions) and the process of problem solving and law enforcement (repressive functions) one of its role is as a mediator and facilitator inthe process of restorative justice. The constraints or obstacles of Bhabinkamtibmas in carrying out their roles from the internal of the National Police and the personnel of Bhabinkamtibmas itself are related to knowledge, skills and ethics as well as external constraints such as the lack of a legal culture or response from the public and the absence of positive laws governing. The results of this study suggest that it needs legal reforms that accommodate the process of restorative justice in order to improve the legal culture and effectiveness of criminal law enforcement in Indonesia.


Author(s):  
Alexander de Castro

Abstract In the mid-18th century, in the context of a growing monarchical activism during Pombal’s government, Portugal went through a period of reforms that pushed to deep changes in the national legal culture. The legal reforms encompassed three complementary phases: the reform of the legal sources system, performed by the so-called ‘Law of Good Reason’, the reform of legal education, and the reformulation of the set of fatherland laws. The purpose of these changes was to place the royal fatherland laws at the center of Portuguese legal science by promoting its application and theoretical elaboration, and marginalize Roman law. The reforms did not achieve everything they set out for, but left an indelible mark on Portuguese legal culture.


1998 ◽  
Vol 2 (2) ◽  
pp. 158-179 ◽  
Author(s):  
John W Cairns

This article, in earlier versions presented as a paper to the Edinburgh Roman Law Group on 10 December 1993 and to the joint meeting of the London Roman Law Group and London Legal History Seminar on 7 February 1997, addresses the puzzle of the end of law teaching in the Scottish universities at the start of the seventeenth century at the very time when there was strong pressure for the advocates of the Scots bar to have an academic education in Civil Law. It demonstrates that the answer is to be found in the life of William Welwood, the last Professor of Law in St Andrews, while making some general points about bloodfeud in Scotland, the legal culture of the sixteenth century, and the implications of this for Scottish legal history. It is in two parts, the second of which will appear in the next issue of the Edinburgh Law Review.


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