scholarly journals NEW CHALLENGES FOR THE LEGAL EDUCATION IN LATVIA

Author(s):  
Janis Grasis

The Cabinet of Ministers of the Republic of Latvia adopted Regulation No. 46 “Procedures for the National Uniform Professional Legal Qualification Examination” on January 15, 2019. These rules will apply to students who started studies in the course of the professional master's study programme at the autumn semester of 2019; therefore, the first exam will be in 2021. The qualification examination will have the following parts: (1) the theoretical part in which detailed answers to 15 questions are provided in writing; (2) the practical part in which five practical tasks (case -studies) are dealt with in writing. Novelty of the research: this is one of the newest academic research concerning the mentioned examination which is something new for Latvian legal education, trying to make comparision with analogous Uniform Examination in Germany. The research aim is to analyse critically the new regulations and how will it affect existing master programmes of law in the universities of the Republic of Latvia. Descriptive, analytical and deductive-inductive research methods are used. Legal acts, policy planning documents and different reports were reviewed and analyzed, and subsequently conclusions and recommendations were made. On the one hand the introduction of the mentioned examination could contribute to increasing motivation of students, to acquiring deeper and more sustainable knowledge in law study programmes, which can be assessed positively. However, it is not clear what the criteria are, the content of what the requirements will be for the methodology for evaluating the National Uniform Professional Legal Qualification Examination, which is approved by the commission itself. This could be a risk element for transparency and uniform understanding during the development of examination questions and in the evaluation process of examination answers. 

Author(s):  
Andrejs Vilks

Politiskās plānošanas dokumentos tiek atzīts, ka Latvijā samazinās juridiskās izglītības kvalitāte un tiesību zinātņu studiju programmu absolventiem ir vājas zināšanas un prasmes jurisprudencē. 
Lai paaugstinātu juridiskās izglītības kvalitāti, Latvijas Republikas Ministru kabinets 2015. gadā akceptēja rīkojumu par valsts vienotā jurista kvalifikācijas eksāmena ieviešanu 2021. gadā profesionālajās maģistrantūras studiju programmās “Tiesību zinātne”, vienlaikus augstākās izglītības sistēmā likvidējot profesionālās bakalaura studiju programmas un liedzot studējošajiem iespēju iegūt juriskonsulta kvalifikāciju. Augstākās juridiskās izglītības sistēma kopumā tiek pārveidota. Valsts vienotā jurista kvalifikācijas eksāmena ieviešana rada nepieciešamību pārveidot studiju procesu, veikt izmaiņas īstenotajos studiju kursos un papildināt prasības tiesību apakšnozarēs, kurās tiks pārbaudītas studējošo zināšanas vienotā eksāmenā. Political planning documents recognise that quality of legal education is decreasing in Latvia, graduates of law study programmes have poor knowledge and skills in jurisprudence. In order to increase the quality of legal education, the Cabinet of Ministers of the Republic of Latvia in 2015 accepts the order on the introduction of the State Unified Lawyer’s Qualification Exam in 2021 in the professional Master’s study programme “Law Science”. At the same time, the higher education system eliminates professional bachelor study programmes and prevents students from gaining legal counsel. The higher legal education system as a whole is transformed. The introduction of the State Jurisprudence Expert Examination determines the necessity to transform the study process, to make changes in the study courses to be implemented, to supplement the requirements in the sub-branches of law, where students’ knowledge in a single examination will be checked. Currently, it is too early to conclude whether the introduction of a single national lawyers’ qualification examination will increase the quality of legal education, and graduates of legal science study programmes will increase their knowledge and skills in jurisprudence.


2015 ◽  
Vol 15 (3) ◽  
pp. 33-39 ◽  
Author(s):  
David Evans

This paper considers the relationship between social science and the food industry, and it suggests that collaboration can be intellectually productive and morally rewarding. It explores the middle ground that exists between paid consultancy models of collaboration on the one hand and a principled stance of nonengagement on the other. Drawing on recent experiences of researching with a major food retailer in the UK, I discuss the ways in which collaborating with retailers can open up opportunities for accessing data that might not otherwise be available to social scientists. Additionally, I put forward the argument that researchers with an interest in the sustainability—ecological or otherwise—of food systems, especially those of a critical persuasion, ought to be empirically engaging with food businesses. I suggest that this is important in terms of generating better understandings of the objectionable arrangements that they seek to critique, and in terms of opening up conduits through which to affect positive changes. Cutting across these points is the claim that while resistance to commercial engagement might be misguided, it is nevertheless important to acknowledge the power-geometries of collaboration and to find ways of leveling and/or leveraging them. To conclude, I suggest that universities have an important institutional role to play in defining the terms of engagement as well as maintaining the boundaries between scholarship and consultancy—a line that can otherwise become quite fuzzy when the worlds of commerce and academic research collide.


2018 ◽  
Vol 2 ◽  
pp. 1-12
Author(s):  
Dyah Adriantini Sintha Dewi

The Ombudsman as an external oversight body for official performance, in Fikih Siyasah (constitutionality in Islam) is included in the supervision stipulated in legislation (al-musahabah al-qomariyah). Supervision is done so that public service delivery to the community is in accordance with the rights of the community. This is done because in carrying out its duties, officials are very likely to conduct mal administration, which is bad public services that cause harm to the community. The Ombudsman is an institution authorized to resolve the mal administration issue, in which one of its products is by issuing a recommendation. Although Law No. 37 of 2018 on the Ombudsman of the Republic of Indonesia states that the recommendation is mandatory, theombudsman's recommendations have not been implemented. This is due to differences in point of view, ie on the one hand in the context of law enforcement, but on the other hand the implementation of the recommendation is considered as a means of opening the disgrace of officials. Recommendations are the last alternative of Ombudsman's efforts to resolve the mal administration case, given that a win-win solution is the goal, then mediation becomes the main effort. This is in accordance with the condition of the Muslim majority of Indonesian nation and prioritizes deliberation in resolving dispute. Therefore, it is necessary to educate the community and officials related to the implementation of the Ombudsman's recommendations in order to provide good public services for the community, which is the obligation of the government.


2020 ◽  
Vol 26 (2) ◽  
pp. 456-480
Author(s):  
R.B. Galeeva

Subject .This article discusses the need to bring into line with the future activities of specialists the content of their preparation, the formation of a system model of higher education, which takes into account today's and prospective requirements of the labor market. Objectives. The article aims to research the labor market in four regions of the Volga Federal District of the Russian Federation: the Republic of Tatarstan, Mari El Republic, Chuvash Republic, and the Ulyanovsk oblast, as well as discuss problems and prospects of interaction of universities with enterprises and organizations of these regions. Methods. For the study, I used the methods of logical and statistical analyses, and in-depth expert survey. Results. The article analyzes the state of regional labor markets, presents the results of the expert survey of labor market representatives and heads of the regional education system, and it defines possible ways of harmonizing the interaction of universities with the labor market. Conclusions. The article notes that although the number of employed with higher education is growing, at the same time there is a shortage of highly qualified personnel in certain professions, on the one hand, and unskilled workers, on the other. Also, the article says that the universities do not prepare the necessary for the regions specialists in a number of professions or they provide a set of competencies different from the requirements of the labor market, so it is necessary to form and develop effective directions of cooperation between educational institutions and employers.


Author(s):  
Daria Kozlova

This article discusses the general characteristics of the electoral system of Kazakhstan by the example of elections of the President of the Republic, the Senate of the Parliament of Kazakhstan and deputies of the Mazhilis. The features of dividing this system into majority and proportional are also disclosed. The article analyzes the features of the appointment and conduct of elections and the principles on which they are based. It is also shown how the active activity of the state in the field of legal education of young people and their familiarization with the electoral system affects the high participation rates of citizens in elections.


Author(s):  
Munawar Haque

Abstract  The purpose of this article is to explore the views of Sayyid Abul AÑlÉ MawdËdÊ[1] on ijtihÉd.[2] It intends to trace the origins of MawdËdÊ’s ideas within the social, cultural and political context of his time, especially the increasing influence of modernity in the Muslim world.  The study will show that MawdËdÊ’s understanding of ijtihÉd and its scope demonstrates originality.  For MawdËdÊ, ijtihÉd is the concept, the process, as well as the mechanism by which the SharÊÑah,[3] as elaborated in the Qur’Én and the Sunnah[4] is to be interpreted, developed and kept alive in line with the intellectual, political, economic, legal, technological and moral development of society.  The notion of ijtihÉd adopted by MawdËdÊ transcends the confines of Fiqh[5] (jurisprudence) and tends therefore to unleash the dormant faculties of the Muslim mind to excel in all segments of life.   [1] Sayyid Abul AÑlÉ MawdËdÊ was born on September 25, 1903 in Awrangabad, a town in the present Maharashtra state of India in a deeply religious family.  His ancestry on the paternal side is traced back to the Holy Prophet (peace be upon him).  The family had a long-standing tradition of spiritual leadership, for a number of MawdËdÊ’s ancestors were outstanding leaders of ØËfÊ Orders.  One of the luminaries among them, the one from whom he derives his family name, was KhawÉjah QuÏb al-DÊn MawdËd (d. 527 AH), a renowned leader of the ChishtÊ ØËfÊ Order. MawdËdÊ died on September 22, 1979. See Khurshid Ahmad and Zafar Ishaq Ansari, “MawlÉnÉ Sayyid Abul AÑlÉ MawdËdÊ: An Introduction to His Vision of Islam and Islamic Revival,”, in Khurshd Ahmad and Zafar Ishaq Ansari (eds.) Islamic Perspectives: Studies in Honour of MawlÉnÉ Sayyid Abul A’lÉ MawdËdÊ,  (Leicester: The Islamic Foundation,1979), 360. [2]  In Islamic legal thought, ijtihÉd is understood as the effort of the jurist to derive the law on an issue by expending all the available means of interpretation at his disposal and by taking into account all the legal proofs related to the issue.  However, its scope is not confined only to legal aspect of Muslim society.  MawdËdÊ’s concept of ijtihÉd is defined as the legislative process that makes the legal system of Islam dynamic and makes its development and evolution in the changing circumstances possible.  This results from a particular type of academic research and intellectual effort, which in the terminology of Islam is called ijtihÉd.  The purpose and object of ijtihÉd is not to replace the Divine law by man made law.  Its real object is to properly understand the Supreme law and to impart dynamism to the legal system of Islam by keeping it in conformity with the fundamental guidance of the SharÊÑah and abreast of the ever-changing conditions of the world.  See Sayyid Abul AÑlÉ MawdËdÊ, The Islamic Law and Constitution, translated and edited by Khurshid Ahmad, (Lahore: Islamic Publications Ltd, 1983), 76.[3] SharÊÑah refers to the sum total of Islamic laws and guidance, which were revealed to the Prophet MuÍammad (peace be upon him), and which are recorded in the Qur’Én as well as deducible from the Prophet’s divinely guided lifestyle (called the Sunnah). See Muhammad ShalabÊ, al-Madkhal fÊ at-TaÑ’rÊf  b alil-Fiqh al-IslÉmÊ, (Beirut: n.p., 1968),.28.[4]Sunnah is the way of life of the Prophet (peace be upon him), consisting of his sayings, actions and silent approvals. It is also used to mean a recommended deed as opposed to FarÌ or WÉjib, a compulsory one.[5]  Originally Fiqh referred to deliberations related to one’s reasoned opinion, ra’y.  Later the expression Fiqh evolved to mean jurisprudence covering every aspect of Islam.  It is also applied to denote understanding, comprehension, and profound knowledge. For an excellent exposition on the meaning of Fiqh, see Imran Ahsan Khan Nyazee, Theories of Islamic law: The methodology of ijtihÉd, (Delhi: Adam Publishers & Distributors, 1996), 20-22.


2012 ◽  
Vol 8 (1) ◽  
pp. 252-271
Author(s):  
Madoka Fukuda

AbstractThis article examines the substance and modification of the “One-China” principle, which the government of the People’s Republic of China (PRC) pursued in the mid 1960s. Under this principle, a country wishing to establish diplomatic relations with the PRC was required first to break off such relations with the Republic of China (ROC). In 1964 the PRC established diplomatic relations with France. This was its first ambassadorial exchange with a Western government. The PRC, in the negotiations over the establishment of diplomatic relations, attempted to achieve some consensus with France on the matter of “One-China”. The PRC, nevertheless, had to abandon these attempts, even though it demanded fewer conditions of France than of the United States (USA), Japan and other Western countries in the 1970s. The PRC had demanded adherence to the “One-China” principle since 1949. France, however, refused to accept this condition. Nevertheless, the PRC established diplomatic relations with France before the latter broke off relations with the ROC. Subsequently, the PRC abandoned the same condition in negotiations with the African governments of the Republic of Congo, Central Africa, Dahomey and Mauritania. After the negotiations with France, the PRC began to insist that the joint communiqué on the establishment of diplomatic relations should clearly state that “the Government of the People’s Republic of China is the sole legal government of China”. However, France refused to insert these words into the communiqué. Afterwards, the PRC nevertheless insisted on putting such a statement into the joint communiqués or exchanges of notes on the establishment of diplomatic relations with the African countries mentioned above. This was done in order to set precedents for making countries accede to the “One-China” principle. The “One-China” principle was, thus, gradually formed in the process of the negotiation and bargaining between the PRC and other governments.


1997 ◽  
Vol 1 (1) ◽  
pp. 52-65
Author(s):  
Hye-Joon Yoon

Area studies, as a newly fashionable field of academic research, needs to recognize its less likely precedents if it is going to secure for itself a fresh start. The question of “desire” is relevant here because it indicates the less value-free aspects in its genealogy. As shown in Emma Bovary's embellished representation of Paris at her provincial home, an understanding of an area often reflects the particular needs and desires of the one who understands that area. Such restricted and restricting views of an area repeats itself outside the world of literary fictions, as is shown by the example of Guizot's picture of Europe in which his own country is given a privileged place as the very center of Western civilization itself. An instructive case showing the thin line between the projected desire of one who strives to know a geographical area and the scientific purity of the labor itself is further offered by Napoleon Bonaparte's heavy reliance on Orientalist scholarship in his invasion of Egypt. Moving further east from Egypt to China, we witness the denigrating remarks on China made by the great German thinkers of the past century, Hegel and Weber. Although their characterization of Chinese culture could find echoes in unbiased empirical research, they reveal all the same the trace of Europeans' desire to affirm their superiority over the supposedly inferior and false civilization of the East. Similarly, the Americans who divided the Korean peninsular at the 38th Parallel, with unquestioning confidence in their knowledge of the area and in the justice of their action, rightfully deserve their place in the tradition of Western area studies of serving the needs to dominate, control and exploit an objectified overseas territory. He assumed that words had kept their meaning, that desires still pointed in a single direction, and that ideas retained their logic; and he ignored the fact that the world of speech and desires has known invasions, struggles, plundering, disguises, ploys. From these elements, however, genealogy retrieves an indispensable restraint: it must record the singularity of events outside of any monotonous finality; it must seek them in the most unpromising places, in what we tend to feel is without history—in sentiments, love, conscience, instincts; it must be sensitive to their recurrence, not in order to trace the gradual curve of their evolution, but to isolate the different scenes where they engaged in different roles. — Michel Foucault, “Nietzsche, Genealogy, History” (Foucault 139–40).


1882 ◽  
Vol 10 ◽  
pp. 312-343
Author(s):  
Isaac N. Arnold

The noblest inheritance we Americans derive from our British ancestors is the memory and example of the great and good men who adorn your history. They are as much appreciated and honoured on our side of the Atlantic as on this. In giving to the English-speaking world Washington and Lincoln we think we repay, in large part, our obligation. Their pre-eminence in American history is recognised, and the republic, which the one founded and the other preserved, has already crowned them as models for her children.


2021 ◽  
Vol 2021 (1) ◽  
pp. 43-62
Author(s):  
Agnieska Balcerzak

This article at the intersection of cultural studies of popular and memory culture deals with the genre of comics as an identity-forming (protest) medium and projection surface for the ideologised “culture war” between traditionalists and modernists in contemporary Poland. The analysis focuses on two historical comics that combine facts and imaginary and refer back to the Second World War, the communist period and the recent history of the Republic of Poland after 1989. The article juxtaposes two title heroes and their comic worlds, which represent opposite ends of the political spectrum and reveal the problem areas of Poland’s dividedness along the underlying canon of values and symbolic worlds: Jan Hardy, the national-conservative “cursed soldier”, and Likwidator, the relentless “anarcho-terrorist”. The characters and their adventures exemplify fundamental memory cultural, religious, nationalist and emancipatory discourses in Poland today. The focus of the analysis lies on the creation context and the (visual) language with its narrative-aesthetic intensifications, which illuminate Poland’s current state of conflict between national egoism and traditional “cultural patriotism” on the one hand and liberal value relativism with its progressive-emancipatory rhetoric on the other.


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