scholarly journals The Law of the Network Society and the Problem of Hybridity Management

Lex Russica ◽  
2020 ◽  
pp. 108-118
Author(s):  
M. V. Mazhorina
Keyword(s):  
Network Society ◽  
Applicable Law ◽  
The Social ◽  
Social Landscape ◽  
The World ◽  
Simultaneous Existence ◽  
The Law ◽  
Legal Methodology ◽  
Institutional Regimes ◽  
Institutional Fragmentation

The network society, which is relevant to the social landscape of the 21st century, determines the building of a new architecture of law. The current legal map of the world is extremely heterogeneous and often does not coincide with the political map of the world. It is full of a variety of normative arrays that collide with each other, layered on top of each other, while the traditional legal methodology is not always able to resolve conflicts that arise. The problem of controversy between law and not law is gaining considerable potential due to the rapid growth of non-legal matter and the emergence of legitimizing institutions. The situation is complicated by the simultaneous existence of several institutional dispute resolution systems (state, non-state, alternative, platform-based) that refer to completely different, relatively autonomous subsystems of norms as applicable law. Such material and institutional fragmentation, the emergence of hybrid regulatory and institutional regimes has provoked an active search for new principles of building a legal architecture that is adequate to such a rapidly changing society. Globalization is transforming into networking, which redefines the geography of the world, the well-known and traditional principles of affiliation of legal entities, and then exacerbates the debates about legal taxonomy. The marked evolution of the legal superstructure also generates new types of conflicts, prompting the search for a new or adaptation of the known methodology in order to overcome them.The paper attempts to explore the new normativity in the context of a new sociality, to identify key trends in the development of the law of a network society, to predict the development of individual legal and sub-legal institutions, and to model legal ways of managing hybridity.

scholarly journals The Role of Party Autonomy in Choosing Procedural Law in Arbitration: the rules of the WIPO Arbitration and Mediation Centre

2020 ◽  
Vol 9 (1) ◽  
pp. 207-231
Author(s):  
Bashayer Alghanim
Keyword(s):  
Intellectual Property ◽  
World Intellectual Property Organization ◽  
Party Autonomy ◽  
Applicable Law ◽  
Procedural Law ◽  
The World ◽  
The Law ◽  
Minimal Importance

While the role of parties’ autonomy is of minimal importance when discussing procedures in cases including foreign element presented before the courts, it plays an important role in the choice of applicable law in arbitration procedures. The reason for this is that an arbitrator is not subject to law of jurisdiction, in the same way as a national judge. In response to the development of protection of intellectual property, the World Intellectual Property Organization “WIPO” organization has established an arbitration and Mediation centre, described as the first institutional international center specialized in settling intellectual property disputes, and has given the parties freedom to choose the law applicable to procedure. The study concludes that it is essential to introduce amendments to the WIPO arbitration rules to guarantee legal clarity and prevent confusion, such as imposing characterization to the law of the selected seat of arbitration, the need for explicit choice on the law governing the arbitration procedures, and clarification about what is meant by the law of the seat of arbitration in the absence of choice.

scholarly journals CONCEPTION OF LEGAL PROTECTION IN ISLAMIC LAW

2019 ◽  
Vol 8 (2) ◽  
pp. 185
Author(s):  
Achmad Musyahid Idrus
Keyword(s):  
Civil Rights ◽  
Islamic Law ◽  
Legal Protection ◽  
Human Beings ◽  
Human Right ◽  
Applicable Law ◽  
Legal Provisions ◽  
The Social ◽  
The Law ◽  
Legal Subjects

Legal protection is a human right which is a basic need for every human being, both human beings as legal subjects and human beings as legal objects. As legal subjects, humans have civil rights that must be implemented in accordance with applicable legal provisions. Likewise with humans as legal objects, their rights must still be protected even though they have been convicted by law. Sometimes legal protection for humans cannot be realized because the source of the applicable law does not provide legal instruments and even the protection of the law does not materialize because of the lack of understanding of the source of the law which applies in society.Islamic law as one source of law and adopted in countries like Indonesia offers the conception of legal protection in accordance with the dignity and human rights, because of the flexibility of Islamic law, so that Islamic law can be understood and adjusted to the social development of the society. Islamic law that emphasizes public benefit guarantees the legal protection needed by the community, but the values of flexibility must still be explored from the main sources of the Qur'an and the hadith of the prophet.

Social and Legislative Issues in Handling Cyberbullying in India

2021 ◽  
pp. 447-466
Author(s):  
Karthikeyan C.
Keyword(s):  
Psychological Impact ◽  
Statistical Evidence ◽  
Legal Provisions ◽  
The Social ◽  
The World ◽  
The Law ◽  
Bullying Laws ◽  
Legislative Measures ◽  
Research Studies

This chapter will address the social and legislative issues of workplace cyberbullying in India. The sociological issues arising out of workplace cyberbullying in India and across the world, its nature, evolution, impact, and intensity are analyzed with the statistical evidence from various research studies. The importance of averting and preventing cyberbullying is addressed with the developments happening in the introduction of legal provisions and legislative measures, enactments of controlling various countries of the world including India are analyzed. The chapter covers the veracity in the psychological impact with statistical inputs from the evolution, kinds, and purpose of using the anti-bullying laws in India, and its socio-legislative issues beyond the law, and clarifies the difficulties in measuring, with examples and the practical strategies to handle cyberbullying. The chapter also brings in through references and some of the popular posters that are popular across the world, which shall be put up in important places to educate every Indian citizen.

The Sociologist's Eye

2017 ◽  
Author(s):  
Kai Erikson
Keyword(s):  
Social Life ◽  
Race And Gender ◽  
Social Thinking ◽  
The Social ◽  
Social Landscape ◽  
The World ◽  
And Gender ◽  
The Individual ◽  
Over Time ◽  
Human Social Life

This book is a masterful introduction to, and appreciation of, sociology as a window into our world. The culmination of a distinguished career, and a fascinating exploration into the nature of human social life, the book describes the field of sociology as a way of looking at the world rather than as a simple gathering of facts about it. It notes that sociologists look out at the same human scenes as poets, historians, economists, or any other observers of the vast social landscape spread out before them, but select different aspects of that vast panorama to focus on and attend to. The book considers how sociology became a field of study, and how it has turned its attention over time to new areas of study such as race and gender and what the book calls “social speciation.” The book provides readers with new ways of The Individual and the Social thinking about human culture and social life.

scholarly journals Vietnam’s New Law on the Right of Parties to Choose Applicable Law in Civil Relations Involving Foreign Elements

2016 ◽  
Vol 9 (4) ◽  
pp. 93
Author(s):  
Tran Thi Thu Phuong
Keyword(s):  
International Law ◽  
Private International Law ◽  
Legal Systems ◽  
Applicable Law ◽  
Application Of Law ◽  
The World ◽  
The Law ◽  
The Right

In private international law, the right of the parties to choose law applicable has been acknowledged in most legal systems. However, the scope of this right of agreement varies according to the statutory regulations of each country. This paper clarifies the scope of right to agreement on applicable law of the parties, as well as the mechanism for controlling the application of law as agreed upon by the parties in private international law of Vietnam. This article also makes comparison with the law of some countries in the world in order to point out the differences between them and to make comments, assessments of the current statutory regulations of Vietnam on such issues.

Darwin’s Anachronisms

2017 ◽  
Author(s):  
Stephen J. Mexal
Keyword(s):  
Jack London ◽  
Late Nineteenth Century ◽  
Political Imagination ◽  
Temporal Dimension ◽  
Nineteenth Century America ◽  
The Social ◽  
Social Landscape ◽  
The World ◽  
Late Nineteenth ◽  
Liberal Individualism

There is nothing wrong with having a conflicted or idiosyncratic political philosophy, of course. Jack London is large; he is allowed to contain multitudes. But by reading London’s letters in conjunction with the world he conjured in The Son of the Wolf, a more complete picture of his political imagination in the years leading up to 1900 can be grasped. The liberal individualism he denied can, in this light, be understood as emerging from the temporal dimension of his Darwinism (Reesman, Jack London’s, 11, 63). In other words, despite its setting’s apparent isolation from the modernity of late nineteenth-century America, The Son of the Wolf remains in thrall to the social landscape of the Southland.

The law and practice of customary arbitration in Nigeria: Agu v. Ikewibe and applicable law issues revisited

1997 ◽  
Vol 41 (2) ◽  
pp. 201-214 ◽  
Author(s):  
Virtus Chitoo Igbokwe
Keyword(s):  
Supreme Court ◽  
Case Law ◽  
Applicable Law ◽  
Divergence Of Opinion ◽  
The Social ◽  
The Supreme Court ◽  
Open Debate ◽  
The Law ◽  
Enforcement Mechanisms ◽  
The Right

“Reservations about any concept do not automatically discredit it but allow for healthy and open debate to take place… the discussions that can arise from any such criticism, constructive or otherwise, can often lead to a greater awareness of the values of the system and ways in which it can be strengthened and made more effective in the interests of the general public.”This article critically examines the controversies surrounding the law and practice of customary arbitration in Nigeria against the background of the decision of the Nigerian Supreme Court in Agu v. Ikewibe. The case law on customary arbitration is briefly reviewed with a view to demonstrating that prior to the Agu case, there existed a divergence of opinion among judges on some fundamental principles of the law and practice of customary arbitration in Nigeria, particularly with respect to the right of the parties to withdraw at any stage of the arbitration proceedings or even after the award is rendered. The article disagrees with the views of some judges and learned scholars that theres no distinction between customary arbitration and other consensus-oriented dispute resolution methods such as negotiation and conciliation. In disagreeing with these views, it is argued that in distinguishing customary arbitration from negotiation or conciliaion, the nature of the decision-making process should be of paramount consideration. It will further be argued that the binding nature or enforcement of the decisions of a judicial or quasi-judicial body differs from society to society. These enforcement mechanisms should not be divorced from the social relationships existing in a particular society. In conclusion, the article endorces the decision of the Supreme Court in Agu v. Ikewibe as the correct restatement of the law and practice of customary arbitration in Nigeria.

scholarly journals Implementasi maqasid al-shari’ah sebagai solusi problematika sosial dan kemasyarakatan kontemporer

2017 ◽  
Vol 17 (1) ◽  
pp. 1
Author(s):  
A. Bahruddin
Keyword(s):  
Social Control ◽  
Human Dignity ◽  
Islamic Law ◽  
Legal Protection ◽  
Social Changes ◽  
Legal Certainty ◽  
The Social ◽  
The World ◽  
The Law ◽  
The Times

Islam as a legal system based on the Qur’an and sunnah ideally expected to be able to control the sociallife in society, by ensuring the implementation of their rights as individuals and society. Besides, as ameans of social control of the social changes that are happening in the life of society, as well as socialengineering tools in realizing the benefits in the world and the hereafter and maintain human dignity asa goal for the establishment of the law itself. Furthermore how is the ability of Islam in responding tothe growing demands of society in accordance with the times. So its ability to answer these challenges byproviding solutions to emerging social problems is a reality that is difficult to avoid, because peopleneed legal certainty as well as their rights both as individuals and communities need to get certainty as amanifestation of their rights in a fundamental way. Departing from these issues, the understanding ofIslamic law and the purpose of its implementation (Maqashid al-Shariah) becomes very important, itwill affect the success in the process of implementation of Islamic law both among Muslims and societyat large. So ideally Islamic law in reality in society is expected to provide legal protection for certain and asa tool of social control of social changes that occur in the life of society, and no less important is torealize the benefits and maintain human dignity as the purpose of the implementation of the law.

scholarly journals Anotações sobre o monitoramento eletrônico de presos no Brasil / Notes on monitoring electronic prisoners in Brazil

2017 ◽  
Vol 44 (1) ◽  
Author(s):  
Cláudia Regina Miranda de Freitas ◽  
Flávia Werneck Pelegrino
Keyword(s):  
Electronic Monitoring ◽  
Comparative Law ◽  
The State ◽  
Applicable Law ◽  
The World ◽  
History Of ◽  
The Law ◽  
Different Parts

Resumo: O monitoramento eletrônico de presos é um assunto que tem sido muito debatido em razão da sua relevância e atualidade, embora não seja tão recente. Este instituto carrega diversas particularidades, assim como divide opiniões. Os principais diplomas legais que tratam a questão da adoção do Monitoramento Eletrônico de Presos no Brasil são as Leis nº 12.258/2010 e a Lei nº 12.403/2011. Este trabalho busca apresentar as razões da utilização deste equipamento não só no Brasil, assim como em outras partes do mundo, como Europa e Estados Unidos. Ademais, busca apresentar suas características, o modo de funcionamento, as hipóteses de cabimento e sua aplicabilidade à luz do que determina a legislação vigente no país. Também serão expostas as opiniões de especialistas favoráveis e contrários à implantação do referido sistema. Discute-se, ainda, os benefícios do uso do monitoramento eletrônico para o Estado como medida alternativa e de menor custo apta a viabilizar a política de desencarceramento e incentivo à ressocialização dos condenados.Abstract: The electronic monitoring of prisoners is an issue that has been hotly debated today, although not so recent, the institute carries several characteristics, as well as divides opinions. The main legal instruments that address the issue of adoption of Prisoners of Electronic Monitoring are the Law No. 12.258 / 2010 and 12.403/2011. This work seeks to elucidate the roots and the history of its positive use in different parts of the world, including in Brazil. Moreover, seeks to discuss the concept, characteristics, operation, the chances of pertinence, application and determining the applicable law in the country. Will also be opposing the favorable reviews and contrary to the implementation of the system. Also to discuss the benefits of using electronic monitoring for the State as alternative and less costly for extrication policy and resocialization of convicts, including, and in Comparative Law.

Trickle Down Spirituality? Dilemmas of the Elizabethan Jesuit Mission

2005 ◽  
Vol 85 (1) ◽  
pp. 285-299
Author(s):  
Robert E. Scully
Keyword(s):  
Early Modern ◽  
Modern Society ◽  
Financial Resources ◽  
England And Wales ◽  
Material Resources ◽  
The Social ◽  
Social Landscape ◽  
The World ◽  
The Face ◽  
Hierarchical Nature

AbstractIn the face of many difficulties, especially mounting opposition from the Elizabethan government, Jesuits on the mission in England and Wales had to make some hard decisions about how to allocate their limited human and financial resources. In particular, with regard to the social landscape, the missioners came to realize that the gentry were, as a whole, more open to Catholic evangelization than many other groups. Moreover, they had the prestige and material resources to lend the missioners a sizable measure of protection and outreach. Due to the hierarchical nature of early modern society, winning over the gentry usually opened many doors. This increased the possibility of confirming in their faith or converting not only the Catholic gentry's families and friends, but also their servants, tenants, and others. Overall, although this focus on the world of the gentry inevitably limited the potential scope of the mission, it probably also helped to insure its survival and at least some measure of success.

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