scholarly journals To the issue of classifications of modern legal systems

Author(s):  
A. R. Gubaidullin

The article is devoted to classifications of modern legal systems. The relevance of this topic is associated with changes in the legal map of the world. There are also new needs in legal science and legal practice. The author examines various types of modern legal systems. He describes the characteristic features of the typology of legal reality, which acts as a kind of loose classification. A mixed type of legal systems occupies a special place among other types. The importance of typology in legal science and legal education is emphasized. The author describes parameters of classifications of legal systems. He also analyzes individual classifications, describes view of different scholars. During the study, prospects for development of classifications of legal systems were identified. A relationship between comparative jurisprudence and other humanities needs to be considered. The author uses national and foreign legal experience.

2009 ◽  
Vol 10 (6-7) ◽  
pp. 847-858 ◽  
Author(s):  
Nehaluddin Ahmad

Half a century ago, the main purpose of university legal education in India was not the teaching of law as a branch of learning and as a science but simply to impart to students a knowledge of the black letter law, that is, certain principles and provisions of law to enable them to enter the legal practice exclusively for local needs. Gradually this perception changed and the process of reform in law and legal education was initiated. The real break came in 1990s when the new challenges posed by scientific and technological revolution and greater interaction between nations, trade in goods and services, information technology and free capital flow across international boundaries made the world a global village. Consequently, the concept of “local practice” widened to that of “transnational practice” in the context of globalisation and opening up of most of the economies of the world.


2019 ◽  
Vol 3 (2) ◽  
pp. 123
Author(s):  
Dini Amalia Fitri

The Pancasila legal paradigm is a legal category that is unique to Indonesia, but is universally objective. This jurisprudence is based on God Almighty. This jurisprudence is loaded with the values of Almighty God and other values in the frame of the value of Almighty God. The existence and existence of this legal knowledge for the people of Indonesia is a gift. To change the paradigm of higher education in the field of law, it must start by changing education fundamentally as a dynamic subject of the reality of people's lives so that understanding of law becomes holistic, visionary, and meaningful. One way to elevate Pancasila as the nation's identity and be known by the nations of the world, is by practicing the values contained in the five principles, by synergizing Pancasila values with the legal education curriculum in Indonesia, so that it will produce law graduates who live the values of Pancasila.


2014 ◽  
Vol 19 ◽  
pp. 271 ◽  
Author(s):  
Graham Ferris ◽  
Nick Johnson

<p>There has been an implicit assumption that legal education should be about exposition and evaluation, and should reward facility in exposition and theoretical awareness. This theoretically based assumption generates a theory-induced blindness. Specifically, it obscures the dynamic relationship between law and legal practice, despite it being a familiar aspect of the world. The lawyer as rule entrepreneur is lost sight of. One alternative assumption about legal education would be that law is a game like activity; and legal education should be directed towards promoting those qualities that would enhance performance in this game. In this approach to legal education it would be practical nous that would be sought and rewarded, and such qualities as facility in exposition and theoretical awareness would receive recognition merely as qualities that can be ancillary to and elements of practical nous. Doctrinal legal education naturally pulls towards the first theory, and clinical legal education naturally pulls towards the second. We argue for a clearer awareness of the role of rule entrepreneurship in clinical programmes and in legal education generally.</p>


Author(s):  
Marc Welgemoed

Summary/Abstract   The Covid-19 pandemic has plunged the world into turmoil and uncertainty.  The academic world is no exception.  In South Africa, due to a nationwide lockdown imposed by government, universities had to suspend all academic activities, but very quickly explored online teaching and learning options in order to ensure continued education to students.  As far as Clinical Legal Education, or CLE, is concerned, such online options of teaching and learning could present problems to university law faculties, university law clinics and law students in general, as CLE is a practical methodology, usually following a live-client or simulation model, depending on the particular university and law clinic.  This article provides insight into the online methodology followed by the Nelson Mandela University, or NMU.  The NMU presents CLE as part of its Legal Practice-module and conventionally follows the live-client model.  As the national lockdown in South Africa required inter alia social distancing, the live-client model had been temporarily suspended by the NMU Law Faculty Management Committee and replaced with an online methodology.  The aim of this was an attempt to complete the first semester of the academic year in 2020.  This online methodology is structured so as to provide practical-orientated training to students relating to a wide variety of topics, including drafting of legal documents, divorce matters, medico-legal practice, labour legal practice, criminal legal practice, as well as professional ethics.  The online training took place in two staggered teaching and learning pathways in line with the strategy of the NMU, underpinned by the principle of “no student will be left behind.”   In this way, provision had been made for students with online connectivity and access to electronic devices, students with online connectivity only after return to campus or another venue where connectivity is possible and electronic devices are available, as well as for students who do not have access to online connectivity and electronic devices at all.  The reworked CLE-programme of the NMU, planned for the second semester of the 2020-academic year, will also be discussed in this article.  The online methodology, followed by the NMU, should however not be viewed as definitive or cast in stone in any way.  There might be – and there surely are – alternative methodologies, both online and otherwise, that may provide equally good or even better training to CLE-students during a global pandemic.  Alternative suggestions in this regard will also be discussed in this article.  It is hoped that this article will provide inspiration, as well as assistance, to university law faculties and law clinics that are struggling to engage with continued practical legal education during the testing and uncertain times brought about by the Covid-19 pandemic.  It is further hoped that this article may provide guidance in other difficult and unforeseen future instances that may await CLE.  In this regard, it is important to remember that the Fourth Industrial Revolution is rapidly increasing its grip on the world and that CLE will have to adapt to the demands thereof.


2018 ◽  
Vol 2 (2) ◽  
pp. 99-104
Author(s):  
Insa Koch

Does anthropology matter to law? At first sight, this question might seem redundant: of course, anthropology matters to law, and it does so a great deal. Anthropologists have made important contributions to legal debates. Legal anthropology is a thriving sub-discipline, encompassing an ever-increasing range of topics, from long-standing concerns with customary law and legal culture to areas that have historically been left to lawyers, including corporate law and financial regulation. Anthropology’s relevance to law is also reflected in the world of legal practice. Some anthropologists act as cultural experts in, while others have challenged the workings of, particular legal regimes, including with respect to immigration law and social welfare.


Author(s):  
Donald R. Davis

This chapter examines the history and use of maxims in legal traditions from several areas of the world. A comparison of legal maxims in Roman, Hindu, Jewish, and Islamic law shows that maxims function both as a basic tools for legal interpretation and as distillations of substantive legal principles applicable to many cases. Maxims are characterized by their unquestionable character, even though it is often easy to demonstrate contradictions between them. As a result, legal maxims seem linked to the recurrent desire for law to have a moral foundation. Although maxims have lost their purchase in most contemporary jurisprudence and legal practice, categories such as “canons of construction,” “legal principles,” and “super precedents” all show similarities to the brief and limited collections of maxims in older legal traditions. The search for core ideas underlying the law thus continues under different names.


Author(s):  
Xiaoyi Yuan

Legal knowledge is boring, and some content is not related to their life experience. To impart such complex knowledge to students, as a teacher, you must improve your professional skills, actively explore, learn, and find the best teaching methods. Only in this way can the students’ understanding of legal knowledge and thinking ability be expanded, and the boring legal knowledge can be more specific, visualized, popular, life-oriented, and easy to understand, so that students can master and understand legal knowledge and transform it into their own practical actions. This article is mainly aimed at the conditions created by the current social practice of law students by enterprises and institutions in the society, as well as the knowledge teaching situation of law practice teaching in law education during school. It emphasizes the importance of knowledge education in legal practice teaching, and calls on schools to increase investment in time teaching. All the teachers and students are required. This article scientifically and comprehensively interprets the knowledge education situation of legal practice teaching in our country’s legal education. Especially the intuitive analysis, in the process of knowledge education, the teaching methods adopted the teaching principles to follow and other issues. It makes everyone more clearly and straightforwardly aware of the positive significance of the knowledge education of legal practice teaching in legal education for the cultivation of talents. Through the discussion of the problems, this article knows the importance of constructing a reasonable teaching model of law. Among them, practical teaching knowledge education is very beneficial to students and has a profound impact on students’ future employment. The experimental results show that the traditional legal education training is not to abandon all, but to effectively integrate with the current teaching tasks and training objectives, so as to truly train students into comprehensive all-round legal professionals.


2021 ◽  
Vol 25 (1) ◽  
pp. 26-51
Author(s):  
Md. Nazmul Islam ◽  
Yılmaz Bingöl ◽  
Israel Nyaburi Nyadera ◽  
Gershon Dagba

This article aims to examine the legacy and policy of AK Party in Turkey, Ennahda’s political movement in Tunisia, and Jamaat-e-Islami (BJI) in Bangladesh, which is ostensibly identified with Islamic political ideology and acquainted with the world as a ‘moderate-conservative political Islam party.’ The study interrogates the nature, processes, and the characteristic features of the three countries’ administrative system, comparatively from three regions of the world, particularly from the Middle East and Europe region, Africa and Arab region, and the South Asian region. This study also highlights these political parties’ history, political ideology differences, and their practices reflective of democratic principles from a theoretical perspective on politics, policy, and philosophy. It also acknowledges whether the political development of Turkey from 2002 onward is feasible for Bangladeshi and Tunisian Islamic political parties to accept as a role model in their political arena.


Sign in / Sign up

Export Citation Format

Share Document