scholarly journals The Legal Force of Law and Its Justification: History and the Present Day

2021 ◽  
Vol 3 ◽  
pp. 32-37
Author(s):  
Vladislav V. Denisenko ◽  
Keyword(s):  
Legal System ◽  
Private Law ◽  
Public And Private ◽  
Social State ◽  
Legal Science ◽  
The Social ◽  
The Law ◽  
Legal Force

The article is devoted to the category “legal force” and its justification in legal science. The author analyzes various approaches to understanding the legitimation of the law in the process of historical formation of the social state. The problems of implementing the concept of legal force of law in public and private law in the modern legal system are revealed.

Legal Fictions in Private Law

2022 ◽  
Author(s):  
Liron Shmilovits
Keyword(s):  
Legal System ◽  
Comprehensive Analysis ◽  
Private Law ◽  
History Of ◽  
The Law ◽  
Legal Fictions

Legal fictions are falsehoods that the law knowingly relies on. It is the most bizarre feature of our legal system; we know something is false, and we still assume it. But why do we rely on blatant falsehood? What are the implications of doing so? Should we continue to use fictions, and, if not, what is the alternative? Legal Fictions in Private Law answers these questions in an accessible and engaging manner, looking at the history of fictions, the theory of fictions, and current fictions from a practical perspective. It proposes a solution to what to do about fictions going forward, and how to decide whether they should be accepted or rejected. It addresses the latest literature and deals with the law in detail. This book is a comprehensive analysis of legal fictions in private law and a blueprint for reform.

The changing face of private law: doctrinal categories and the regulatory state

Legal Studies ◽  
1982 ◽  
Vol 2 (3) ◽  
pp. 257-268 ◽  
Author(s):  
N. E. Simmonds
Keyword(s):  
Legal System ◽  
Public Law ◽  
Private Law ◽  
Regulatory State ◽  
Public And Private ◽  
University Curricula

Legal scholars over the last 25 years or so have experienced a growing sense of dissatisfaction with the traditional classifications that segment university curricula and legal textbooks. Contract and tort, for instance, are felt to be not so different after all. The intimate historical links between the tort of negligence and the action of assumpsit may be seen as reflecting the realitics more truly than the later doctrinal separation of voluntarily and involuntarily incurred obligations. The growing impact of public law on the exercise of privatc rights, and the interweaving of public and private law that runs through an evcn greater portion of the legal system, cause still more fundamental doubts.

scholarly journals Ausencia y desaparición en el derecho (Absence and disappearance in law)

2019 ◽  
Vol 9 (2) ◽  
pp. 198-208 ◽  
Author(s):  
Ramón Sáez Valcárcel
Keyword(s):  
Public Space ◽  
Public Policies ◽  
The State ◽  
Private Law ◽  
Undocumented Migrant ◽  
Public And Private ◽  
The Law

La desaparición forzada es consecuencia de prácticas ilegales y clandestinas acometidas por poderes punitivos desbocados, pero también la desaparición social es efecto de políticas públicas en las que el derecho interviene. En este texto indagamos cómo la ley produce ausencia y desaparición en el ámbito del derecho público y del derecho privado, con especial interés en los mecanismos que utiliza para gestionar tales situaciones, entre la representación, legal o voluntaria, y la excepción. El refugiado, el migrante indocumentado, el enemigo, son ejemplos paradigmáticos de los procesos y los dispositivos mediante los que el derecho invisibiliza y aparta ciertas subjetividades, no solo fuera del espacio público sino también de la protección del Estado, desplaza y sustituye a personas e individuos a quienes va a representar y por quienes van otros a actuar. Forced disappearance is the consequence of illegal and clandestine practices committed by out of control punitive powers, but social disappearance is also the effect of public policies where the law intervenes. In this text we inquire how the law produces absence and disappearance in the field of public and private law, looking specifically on the mechanism the law uses to manage those situations between representation, legal or voluntary, and exception. The refugee, the undocumented migrant, the enemy, are paradigmatic examples in the processes and in the dispositifs through which law invisibilizes and removes some subjectivities, not only outside of public space, but also of the protection of the State; it replaces and substitutes persons and individuals that the State is going to represent and in the name of whom others are going to act.

scholarly journals Relacja prawa i moralności z prawnego punktu widzenia. Moralność partykularna a moralność kooperatywna

2020 ◽  
pp. 42-53
Author(s):  
Jerzy Leszczyński
Keyword(s):  
Point Of View ◽  
The Other ◽  
Individual Identity ◽  
Michael Walzer ◽  
Public And Private ◽  
Legal Problems ◽  
The Social ◽  
Law And Morality ◽  
The Law

This article describes the relation between law and morality when applied to solving legal problems. The relation in question is not understood solely as a conflict between law and morality which implies a need to decide in favour of one or the other. Indeed, moral substance of law make references to morality not only possible but necessary. The limit for those references is established by the principle of equality before the law. Moreover, an internal diversification of morality is analyzed. Some part of it needs to be secured by law, which in itself does not harm the social or individual identity, that is, public and private morality is distinguished, then minimal and maximal morality – concepts proposed by Michael Walzer. This idea, approached from a legal point of view, leads to the formulation of what seems the best-founded proposal: particular and cooperative morality.

scholarly journals Public Interest in Private Law Relations of Transition Democracies: A Modern View from the Standpoint of a Systemic Approach

2020 ◽  
Vol 10 ◽  
pp. 430-439
Author(s):  
Iryna E. Berestova ◽  
◽  
Olha V. Verenkiotova ◽  
Natalii Serbina ◽  
Svitlana V. Seminoh
Keyword(s):  
Public Interest ◽  
Large Scale ◽  
The State ◽  
General Nature ◽  
Soviet Society ◽  
Private Law ◽  
Public Interests ◽  
Public And Private ◽  
Private And Public ◽  
The Law

The study investigates the legal nature of the category of "public interest" in private law relations from the standpoint of a systematic scientific approach to law in the countries of post-Soviet society in the modern period. The study states the affiliation of public and private law to the means of achieving the purpose of the law: the recognition of a person, their rights and freedoms as the highest social value of the state. The unsuitability of the theory of the branch belonging to public law has been proved using the universal criterion of separation: the use of the category of "public interest" in the development of the subject and method of the branch in private legal relations. It is concluded that the division of law into private and public is inconsistent in terms of their differentiation of the criterion "method of protecting the rights of their participants", which is activated only after the violation of the latter, while subjective law also exists before the violation, during the existence of regulatory legal relations, and it is the subjective law that forms the affiliation to the relevant industry. During the study, signs of public interest as a legal category were formed. In addition, modern features of public interest as a legal category were outlined from the standpoint of a systematic approach: the general nature of public interests; connectedness with large-scale involvement; recognition by the state and the provision of the law; the possibility of their implementation through measures of state power.

The Language of Clothing and the Law

Pólemos ◽  
2016 ◽  
Vol 10 (1) ◽  
pp. 143-155
Author(s):  
Daniela Carpi
Keyword(s):  
Legal System ◽  
Social Situation ◽  
Fundamental Function ◽  
The Social ◽  
Wide Range ◽  
The Law ◽  
Central Device

Abstract Elizabeth I’s portraits span more than 40 years of her reign: during this time her courtiers commissioned paintings that developed both her own image and a complex set of symbols that transmitted her power. These paintings, together with other iconological representations of her sovereignty, embody her personal way to advertise her own power and keep her subjects within the fascination of her figure. By commissioning portraits of the Queen her courtiers both expressed their loyalty to her and helped to develop the wide range of emblems and visual devices through which her propaganda could be promulgated. The analysis of the symbols interwoven with the dresses which enwrapped the Queen in her portraits conveys both the social situation of the period and Elizabeth’s will to impose her figure as divine so as to stress her legitimacy to the throne. The problem of power, legitimacy and legality are all intertwined in the dresses: the yarn that is spun by the painter’s brush represents the rules that keep society together. It symbolises the legal system with all its paraphernalia and anticipates an awareness for those in power to advertise their image which typifies our age. The fundamental function of clothing in making or unmaking a person’s status within society is often used in Renaissance plays. In many passages of Shakespeare’s The Taming of the Shrew, for example, clothing is clearly connected to authority and it becomes the central device in the taming process itself.

The Expanding, Lop-Sided Universe of Social Influence and Law Research

2016 ◽  
Author(s):  
Linda Demaine ◽  
Robert Cialdini
Keyword(s):  
Social Influence ◽  
Legal System ◽  
Psychological Research ◽  
Legal Regulation ◽  
Uneven Distribution ◽  
Everyday Lives ◽  
The Social ◽  
System 2 ◽  
The Law ◽  
The Many

This chapter explores “social influence and the law,” which we conceptualize as consisting of three parts: (1) social influence in the legal system, (2) the legal regulation of social influence in our everyday lives, and (3) law as an instrument of social influence. Within each part, we identify the primary topics that psychologists have studied empirically and review the existing research. The chapter thus highlights the many and varied contributions of psychologists related to social influence and the law. The chapter also reveals a marked imbalance in the social influence and law literature—the vast majority of psychological research falls within the first part, despite the fact that the second and third parts capture equally or more important topics from both legal and psychological viewpoints. We end the chapter by explaining this uneven distribution of effort and urging psychologists to take a broader approach to social influence and the law.

Mercy triumphs over judgment: James as the social gospel

2018 ◽  
Vol 115 (3) ◽  
pp. 401-406
Author(s):  
LeAnn Snow Flesher
Keyword(s):  
Legal System ◽  
Justice System ◽  
Retributive Justice ◽  
The Body ◽  
Social Gospel ◽  
Body Of Christ ◽  
Church Culture ◽  
The Poor ◽  
The Social ◽  
The Law

The pericope in Jas 2:14–17 has become iconic in our modern church culture. Although we quote from it regularly—“faith without works is dead”—we do not live it faithfully. In reimagining the body of Christ, the theme of this issue, it seems that the book of James and Luther’s response to it reflect the tensions we live in today. We are a society with a legal system built off the ideology of retributive justice. We are a society that claims to be built on Christian principles, yet James points to a very different justice system. James 2:13 states that “Mercy triumphs over judgment!” Although James never condones breaking the law (2:10–11), he does encourage mercy in place of judgment (2:13), especially when engaging the poor. Luther called biblical James a “book of straw,” as he touted his own mantra, sola fide, leaving us with a very significant dilemma. How should we understand saving faith? Does it simply require praying “the sinner’s prayer and shaking the pastor’s hand?” or ought it to be coupled with “works” becoming to one who has chosen to follow Jesus?

Officials and Chinese Justice: Public and Private Wrongdoing in Qing Law

T oung Pao ◽  
2020 ◽  
Vol 106 (5-6) ◽  
pp. 661-713
Author(s):  
Nancy Park
Keyword(s):  
Legal System ◽  
The Body ◽  
Public And Private ◽  
The Public ◽  
The Qing Dynasty ◽  
System A ◽  
Specific Goal ◽  
The Law ◽  
Historical Antecedents ◽  
Philosophical Writings

Abstract This article examines the law of officials during the Qing dynasty (1644-1912), focusing on the body of statutes, substatutes, and regulations pertaining to the organization and operations of the imperial Chinese bureaucracy. The general objective of the article is to draw attention to the law of officials and its significance within the Qing legal system. A more specific goal is to examine how official wrongdoing was defined, differentiated, and dealt with in Qing law, highlighting the crucial distinction between the two main categories of official wrongdoing: “public wrongdoing” (gongzui 公罪) and “private wrongdoing” (sizui 私罪). Part I analyzes the legal distinction between public and private wrongdoing; Part II examines the historical antecedents of the public-private distinction, as expressed in the philosophical writings and the codified law of earlier dynasties; and Part III analyzes the substantive and procedural consequences of the public-private distinction on Qing officials.

scholarly journals Analysis of the constitutional principle of “state sociality” in Canadá

2021 ◽  
Vol 7 (1) ◽  
pp. 196-200
Author(s):  
Evgeniy V. Aristov ◽  
Marina V. Markhgeym
Keyword(s):  
Welfare State ◽  
Supreme Court ◽  
Social Characteristics ◽  
Supreme Court Of Canada ◽  
Social State ◽  
Constitutional Principle ◽  
The Social ◽  
The Supreme Court ◽  
The Law

The present study examines the constitutional principle of "social statehood" in Canada, considering the implemented model of a social state. The method and characteristics of securing a state's social guarantees are set out in the Canadian Constitution. Based on the analysis of the law, the authors concluded about the social characteristics of this state in Canada. By analyzing the reflection of the principle of "government sociality" in the jurisprudence of the Supreme Court of Canada, the authors summarized its impact on the problems of a welfare state.

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