scholarly journals From Extraordinary Law to “Revolutionary Legality”: Formation of the Concept of Revolutionary Law in the Soviet Legal Doctrine

2020 ◽  
pp. 007-016
Author(s):  
V. V. Nikulin ◽  
Keyword(s):  
Legal System ◽  
The State ◽  
The Political ◽  
Legal Institutions ◽  
Legal Doctrine ◽  
Special System ◽  
Legal Construction

The main provisions of the concept of “revolutionary legality” in the Soviet legal doctrine are analyzed; theoretical and practical aspects of its formation, factors that influenced its content are considered. It is argued that the defining function of the concept of “revolutionary legality” is the function of achieving the political goals of the state by legal means. It is concluded that the concept of “revolutionary legality” was a special system of law, adapted to the ideological tasks of socialist construction. It embodied the gap between formal law and the actual functioning of Soviet legal institutions, which constantly existed in the Soviet legal system. It is concluded that the concept of “revolutionary legality” was not a complete condemnatory legal construction, but a modification of the previously existing one-sided orientation of law to a political doctrine, which made it possible to interpret “revolutionary legality” in a variety of ways in practical legal activity, giving and strengthening certain aspects necessary for solving ideological and practical problems.

A culture of disputing: how did Cairenes use the legal system?

2017 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Institutions ◽  
System P

Chapter 6 examines how Cairene litigants navigated the multiplicity of forums and practices with overlapping jurisdictions that constituted Cairo’s legal system. Moving away from the state-centric orientation of much Ottoman historiography, this chapter adopts the perspective of the legal consumer in order to discover how legal institutions were used, rather that the role the state intended them to play. The chapter emphasizes the lack of formal hierarchies or defined relationships between the different legal forums, and argues that this jurisdictional imprecision offered litigants opportunities to manipulate the system’s pluralism to their own advantage.

Ideological and Historical Prerequisites for the Establishment of the Soviet State-Legal System, Its Essence and Principles

2020 ◽  
pp. 112-116
Author(s):  
I. D. Changli
Keyword(s):  
Legal System ◽  
The State ◽  
Soviet State ◽  
Legal Construction

The article examines the main theoretical and ideological provisions of Marxism-Leninism about the state and law, the historical prerequisites for the emergence of the Soviet state in 1917 and the factors that determined specific forms of state and legal construction in the first years of the existence of the Soviet state.

scholarly journals A Note From the Editors: The State of the Political Constitution

2013 ◽  
Vol 14 (12) ◽  
pp. 2103-2109 ◽  
Author(s):  
Marco Goldoni ◽  
Christopher McCorkindale
Keyword(s):  
Political Theory ◽  
Political Institutions ◽  
Common Law ◽  
The State ◽  
The Other ◽  
The Political ◽  
Legal Institutions ◽  
Seminal Article

The revival of the political constitution has come about in parallel with two developments, one in constitutional practice and the other in political theory. With regard to the former, the political constitution has been seen as something of a bulwark against the rise of legal (or judicial, or common law) constitutionalism. The seeming hegemony of this latter model of constitutionalism among contemporary lawyers and political scientists has produced from (so-called) political constitutionalists a reaction against the delegation of important decisions to non-political institutions and an obsessively court-centered scholarship. Perceiving this shift in focus from political to legal institutions to be the very antithesis of the traditional Commonwealth (more particularly, of the United Kingdom's parliamentary) model of constitutionalism, and, more broadly, to be an affront to democratic sensibilities, the notion of the political constitution was retrieved and defended in a seminal article in the 1979 edition of the Modern Law Review, written (though first delivered in his Chorley Lecture the previous year) by the late John Griffith. More recently, in the work of Adam Tomkins, Richard Bellamy, and Grégoire Webber and Graham Gee, a normative interpretation has been lent to Griffith's thesis so as to provide a full-fledged constitutionaltheorycapable of standing as an alternative to the liberal-legal paradigm—a turn, one might say, from the political constitution to political constitutionalism.

scholarly journals The Islamist Trend in Egyptian Law

2010 ◽  
Vol 3 (3) ◽  
pp. 610-630 ◽  
Author(s):  
Tamir Moustafa
Keyword(s):  
Legal System ◽  
Legal Profession ◽  
The State ◽  
The Political ◽  
The Past ◽  
Islamic Jurisprudence ◽  
History Of ◽  
Socio Economic Variables ◽  
The Impact ◽  
Principle Source

AbstractThe past four decades have witnessed profound transformations in the Egyptian legal system and in the Egyptian legal profession. Article 2 of the Egyptian Constitution now enshrines Islamic jurisprudence as the principle source of law, thus establishing an important symbolic marker at the heart of the state and opening avenues for Islamist activists to press litigation campaigns in the courts. Additionally, the Islamist trend gained prominence within the legal profession, a development that is particularly striking given the long and illustrious history of the Lawyer's Syndicate as a bastion of liberalism. Despite these significant shifts, however, Islamist litigation has achieved only limited legal victories. This article traces the political and socio-economic variables that underlie the Islamist trend in Egyptian law, and examines the impact of Islamist litigation in the Egyptian courts.

scholarly journals Human Rights and Criminalization

2021 ◽  
Vol 15 (3) ◽  
pp. 267-281
Author(s):  
Natalya Genrikh
Keyword(s):  
Human Rights ◽  
Criminal Law ◽  
Theoretical Basis ◽  
The State ◽  
The Political ◽  
Clear Correlation ◽  
Individual Freedom ◽  
Russian Science ◽  
Legal Doctrine ◽  
Protection Of Human Rights

The mutual connection of criminalization and human rights unjustifiably remains one of poorly researched areas in Russian science. Meanwhile, the development of the legal doctrine of rights has been, and is still now, influencing the lawmaking practice of recognizing actions as criminal. Today, it is possible to clearly identify two principally different models of criminalization (and, on the whole, models of criminal law) depending on the direction and results of human rights influence on it. The first model is liberal criminal law. Within its framework, human rights were primarily a guarantee of individual freedom of a person against unjustified criminalization ambitions of the state, this model was aimed at hindering criminalization processes, at setting boundaries for the states subjective right to exercise punishment. The second model - authoritative criminal law - began its development with the recognition that the state has positive liabilities to protect human rights, it acts today as a theoretical basis for the development of super-criminalization processes, justified by the necessity of comprehensive protection of human rights. There is a clear correlation between these models and the historical stages of the development of criminal law, the political and legal ideas of legal and social state. In todays situation, there appears a dialectic contradiction between these models that should be resolved by synthesizing the best achievements of each of them. This synthesis should be based on the idea of combining, firstly, the ideas that the state has a liability to protect human rights by criminal law measures and, secondly, the ideas that criminal law is the last resort of the state and its use is only justified if it has been proven that other legal measures of protecting human rights are not effective.

scholarly journals Legal Position of Awig –Awig in the National Legal System as a Source of Law (Written Customary Law)

2020 ◽  
Vol 2 (1) ◽  
Author(s):  
Adhitya Widya Kartika ◽  
Wiwin Yulianingsih ◽  
Yana Indawati
Keyword(s):  
Legal System ◽  
The State ◽  
Customary Law ◽  
State Structure ◽  
Legal Doctrine ◽  
Distinctive Features ◽  
Legal Structure ◽  
National Legal System ◽  
The Right ◽  
The University

Village is the smallest part of the state structure. A number of villages in Indonesia have distinctive features which contain traditional elements. One of the elements of this custom is customary law. In the community of Pakraman Bali Village, there are indigenous people in which customary law applies. This customary law is stated in awig-awig. If we look at the discussion then it is related to the legal structure, of course there is a connection related to that part of the legal system. The legal system in a state can be referred to as a national legal system in which the national legal system has parts or elements that each function and have a relationship, namely between one part and another. Likewise, there are laws that are part of the customary law community where the customary law community is part of the village which is an institution in the state structure. This then becomes an issue of how the position of awig-awig is in the national legal system. This research was conducted through an analysis of legal facts and legal doctrine, namely the theoretical and statutory approaches. This article is the result of research funded by the university, so it is the outcome product of this research. The discussion in this analysis shows that awig-awig is written customary law, while what is generally understood so far is the unwritten law. In addition, the position in national law is recognized because it is the right of the customary law communities in Bali (adat in Pakraman Village, Bali). In addition, of course, awig-awig can be used as a source of material law, which is a social conception that exists in society, some of which are still applicable and some need conformity.

scholarly journals The idea of the violent origin of the state and law in the Russian political and legal doctrine

2020 ◽  
Vol 6 (Extra-A) ◽  
pp. 239-247
Author(s):  
Angelina Yurievna Kuzubova ◽  
Arsen Abdulkadirovich Bayramov ◽  
Evgeniy A. Bozhko ◽  
Alexander Gennadievich Malakhov ◽  
Mahmoud Tofan
Keyword(s):  
The State ◽  
The Political ◽  
Russian History ◽  
Legal Doctrine ◽  
Soviet State

The studied period of Russian history is characterized by an increased interest in the problems of political and legal genesis that has been embodied in the reinterpretation of the provisions of well-known doctrines and concepts. Many domestic scientists addressed the problem of the origin of the state and law in the context of the theory of violence. Among them were N.M. Korkunov, G.F. Shershenevich, B.A. Kistyakovsky, F.F. Kokoshkin, I.V. Mikhailovsky, V.D. Katkov, and others. These ideas were also developed in the works of G.V. Plekhanov, V.I. Lenin, L.D. Trotsky, and I.V. Stalin. The authors of the present research have concluded that both domestic legal scholars and ideologists of the Soviet state, having analyzed the political and legal experience of past generations, actualized certain provisions of the concepts of the violent genesis of the state and law. At that, the authors emphasize that Russian scientists pointed out the imperfections of the theory under study, which did not allow talking about its universality.    

scholarly journals Gender, Community and Sexual Violence in a Bengal Village: 1948

2018 ◽  
Vol 35 (1) ◽  
pp. 59-87
Author(s):  
Anindita Mukhopadhyay
Keyword(s):  
Sexual Violence ◽  
Power Structure ◽  
The State ◽  
Judicial System ◽  
The Political ◽  
Legal Institutions ◽  
Local Power ◽  
Judicial Process ◽  
The Individual ◽  
The Village

This essay explores the inseparability of sexual violence and dominant-caste privileges embedded in structures of local power, which are finally nested within the legal institutions of the State. This essay examines the court transcripts of the trial of a village lynchpin, Gobinda Nandi, on the charge of rape. The individual to bring in the charges was a 20-year-old woman by the name of Genubala. The essay lays out the internal dynamics of the low-caste Bagdi community, as its members confront the rapist who controlled most of the village sources of livelihood. The essay turns on the refusal of the aggrieved Genubala and her husband Pashupati’s refusal to abide by Bagdi community’s unhappy decision to opt for a compromise with Gobinda Nandi. The political economy of the village power structure marks the aggrieved couple’s deliberate choice to approach legal institutions and the judicial process of the state as the crucial moment of departure from the communitarian redistributive justice and its specific life-world. But what does this choice imply for the two highly vulnerable individuals who are reluctant to be part of the Bagdi community, and who are seeking to activate the Indian State’s judicial system in their favour?

scholarly journals Politik Negara atas Agama

2020 ◽  
Vol 38 (02) ◽  
Author(s):  
Subhi Azhari
Keyword(s):  
Legal System ◽  
Religious Life ◽  
Present Situation ◽  
State Policies ◽  
The State ◽  
The Political ◽  
Colonial Era ◽  
Legal Norms ◽  
Historical Root ◽  
Laws And Policies

Abstrak Diskriminasi adalah fakta yang masih menjadi permasalahan serius di Indonesia. Baik pada ranah politik, hukum maupun sosial. Diskriminasi masih terus terjadi meskipun berbagai upaya telah dilakukan untuk mengatasinya mulai dari penguatan perangkat hukum, advokasi hingga pendidikan di masyarakat. Hal ini melahirkan dugaan kuat bahwa diskriminasi sulit hilang karena telah mengakar dalam sistem dan budaya hukum kita. Dengan pendekatan sejarah dan hukum, kajian ini memaparkan berbagai produk hukum mulai dari konstitusi negara, Undang-undang hingga peraturan-peraturan hukum yang paling rendah, menyangkut kehidupan beragama sejak masa Hindia Belanda, proklamasi kemerdekaan hingga era reformasi sekarang ini. Berbagai produk hukum tersebut akan dipaparkan secara kronologis untuk mencari keterkaitan satu sama lain sehingga terbangun peta pemikiran yang komprehensif mengenai kebijakan diskriminatif yang masih terjadi saat ini. Kajian ini menemukan bahwa diskriminasi ternyata memiliki latar historis, di mana munculnya berbagai kebijakan diskriminatif negara terhadap kelompok-kelompok minoritas agama di Indonesia adalah buah dari politik kolonial yang masih bertahan hingga kini. Abstract Discrimination has still become a serious problem in Indonesia. Discrimination continues to occur in some aspects such as in the political, legal and social levels despite various efforts have been made to overcome it by strengthening the legal norms, advocacy and education in the community. This problem has triggered a strong presumption that it has been entrenched in our legal system and culture. By historical and law approach, the study investiagates some regulations regarding religious life since colonial era to the recent reformation era, including Constitution, laws and policies in the lower level. Those regulations will be elaborated in chronoliga order to find out some correlations among each other, so that we have a comprehensive map of thinking about the discriminatory policies that still occurs today.  This study reveals that discrimination has a historical root to the colonial politics that remain influencial to the state policies in the present situation.

scholarly journals “LEGACY OF GENGHIS KHAN” AS AN ASIAN FACTOR IN THE FORMATION OF THE POLITICAL AND LEGAL DOCTRINE OF EURASIANISM

2021 ◽  
pp. 49-54
Author(s):  
E.A. Kulikov
Keyword(s):  
The State ◽  
The Political ◽  
Russian History ◽  
Eastern Orthodoxy ◽  
Legal Doctrine ◽  
Russian State ◽  
Mongol Empire ◽  
State Organization

The article analyzes the works of representatives of classical Eurasianism. Particular attention is paidto the works of N.S. Trubetskoy, who was one of the first to define the importance of the Asian (Eastern)vector of the development of Russian statehood. The socio-economic and geopolitical substantiation ofthis vector was given by P.N. Savitsky. The manifestations of Asian influence in the idea of monarchy andits implementation in Russia were analyzed by N.N. Alekseev. Finally, G.V. Vernadsky formulated the ideaof a synthesis of Eastern Orthodoxy of Byzantium and the state organization of the Mongol Empire in thefoundation of the Russian state. The Asian factor is formed from the idea-principle, which is the unificationof the inner part of Eurasia, as well as from the mechanism for implementing this idea, based on thesystem of the structure of the great Mongol empire of Genghis Khan. In the political and legal views of the representatives of Eurasianism, this factor can be called the “Legacy of Genghis Khan”. This article is devotedto the influence of this heritage on Russian history, as well as on the formation of the doctrine of Eurasianismand its isolation among other areas of Russian thought.

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