scholarly journals Sytuacja autorytarna i rządy prawa. Socjologiczno-prawne wyjaśnienia kryzysu konstytucyjnego

2021 ◽  
Vol 43 (1) ◽  
pp. 173-183
Author(s):  
Maciej Pichlak
Keyword(s):  
Legal Culture ◽  
Political Conflict ◽  
Social Conditions ◽  
Legal Institutions ◽  
Constitutional Politics ◽  
Legal Rules ◽  
Legal Perspective ◽  
Form Of Government ◽  
Polish Society ◽  
Law Making

The paper surveys the existing explanations of the current Polish constitutional crisis. For that sake the paper adopts a socio-legal perspective and introduces the concept of authoritarian situation, interpreted as a complex of social conditions which enable and/or facilitate the authoritarian form of government. As the examined studies prove, such an authoritarian situation has made a constitutional crisis in Poland possible. The paper discusses the explanations which concentrate on various factors conditioning the crisis, such as: class antagonism, the conflict of ideologies, the general legal culture of Polish society, professional legal culture, binding legal rules, and the condition of legal institutions (of law-making, law-applying, and constitutional politics). This discussion allows a conclusion that the causes of the constitutional crisis are multiple and much deeper than the current political conflict.

Unseen Laws- A Quantitative Approach to Developments in North Korea’s Legal System

2018 ◽  
pp. 22-62
Author(s):  
Martin Weiser
Keyword(s):  
North Korea ◽  
Legal Rules ◽  
The North ◽  
Legal Texts ◽  
Policy Fields ◽  
Policy Agendas ◽  
Broad Policy ◽  
Sophisticated Analysis ◽  
Detailed Picture ◽  
Law Making

The position of law in North Korean politics and society has been a long concern of scholars as well as politicians and activists. Some argue it would be more important to understand the extra-legal rules that run North Korea like the Ten Principles on the leadership cult as they supersede any formal laws or the constitution.1 But the actual legal developments in North Korea, which eventually also mediate those leading principles and might even limit their reach, has so far been insufficiently explored. It is easy to point to North Korean secrecy as a main reason for this lacuna. But the numerous available materials and references on North Korean legislation available today have, however, not been fully explored yet, which has severely impeded progress in the field. Even publications officially released by North Korea to foreigners offer surprisingly detailed information on legal changes and the evolution of the law-making institutions. This larger picture of legal developments already draws a more detailed picture of the institutional developments in North Korean law and the broad policy fields that had been regulated from early on in contrast to the often-assumed absence of legislation in important fields like copyright, civil law or investment. It also shows that different to a monolithic system, various law-making institutions exist and fulfil discernably different legal responsibilities. Next to this limitation in content, scholars in the field currently also have not used all approaches legal developments in the North Korea could be analysed and interpreted with. Going beyond the reading of legal texts or speculating about known titles of still unavailable legislation, quantitative approaches can be applied ranging from the simple counting of laws to more sophisticated analysis of legislative numbering often provided with legislation. Understanding the various institutions as flexible in their roles and hence adoptable to shifts in leadership and policy agendas can also provide a more realistic picture of legal practices in North Korea.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

The 13th of December 1981 in the political history of Poland: view through 35 years

2017 ◽  
pp. 369-378
Author(s):  
Vladislav Strutynsky
Keyword(s):  
Soviet Union ◽  
Trade Union ◽  
Political Conflict ◽  
Grassroots Organizations ◽  
Martial Law ◽  
The Soviet Union ◽  
Polish Society ◽  
History Of ◽  
National Salvation ◽  
The Republic

By analyzing one of the most eventful periods of the modern history of Poland, the early 80s of the XX century, the author examines the dynamics of social and political conflict on the eve of the introduction of martial law, which determines the location of the leading political forces in these events in Poland, that were grouped around the Polish United Labor Party and the Independent trade union «Solidarity», their governing structures and grassroots organizations, highlighting the development of socio-political situation in the country before entering the martial law on the 13th of December and analyzing the relation of the leading countries to the events, especially the Soviet Union. Also, the author distinguishes causes that prevent to reach the compromise in the process of realization different programs, that were offered to public and designed by PUWP and «Solidarity» and were “aimed” to help Polish society to exit an unprecedented conflict. This article provides a comparative analysis of the different analytical meaningful reasons, offered by historians, political scientists, lawyers, and led to the imposition of martial law in the Republic of Poland. The author also analyses the legality of such actions by the state and some conclusions that were reached by scientists, investigating the internal dynamics of the conflict and the process of implementation of tasks, that Polish United Workers’ Party (which ruled at that time) tried to solve with martial law and «Solidarity» was used as self-determination in Polish society. Keywords: Martial law, Independent trade union «Solidarity», inter-factory strike committee, social-political conflict, Polish United Workers’ Party, the Warsaw Pact, the Military Council of National Salvation

scholarly journals Portrait of justice: The spirit of Chinese law as depicted in historical and contemporary drama

2016 ◽  
Vol 1 (4) ◽  
pp. 372-389
Author(s):  
Yu Zhang ◽  
Nicholas Lovrich
Keyword(s):  
Performing Arts ◽  
Legal Culture ◽  
Creative Industries ◽  
Chinese Society ◽  
Legal Tradition ◽  
Television Drama ◽  
Chinese Law ◽  
Legal Subjectivity ◽  
Legal Perspective ◽  
Ancient Times

Some scholars doubt whether China has much of a legal tradition, and others have opined that China lacks legal subjectivity from a Western legal perspective. However, various dramas have delineated a legal culture and form of legal subjectivity in China present since ancient times. Unfortunately, relatively less research has been conducted on legal themes in Chinese drama, and even less scholarship has explored Chinese legal tradition through an art perspective. This article takes a modest step toward filling this gap. Selecting multiple cases from the creative industries in China, including ancient stage drama, films, and contemporary television drama across the span of hundreds of years, this article looks into the representations of legal tradition in Chinese performing arts and explores the spirit of law in Chinese society.

scholarly journals Harmonising Private Enforcement of Competition Law in Central and Eastern Europe: The Effectiveness of Legal Transplants Through Consumer Collective Actions

2015 ◽  
Vol 8 (12) ◽  
pp. 33-59
Author(s):  
Katalin J. Cseres
Keyword(s):  
Eastern Europe ◽  
Central And Eastern Europe ◽  
Competition Law ◽  
Private Enforcement ◽  
Collective Actions ◽  
Legal Rules ◽  
Eu Member States ◽  
Harmonization Process ◽  
Effective Remedy ◽  
Law Making

The aim of this paper is to critically analyze the manner of harmonizing private enforcement in the EU. The paper examines the legal rules and, more importantly, the actual enforcement practice of collective consumer actions in EU Member States situated in Central and Eastern Europe (CEE). Collective actions are the key method of getting compensation for consumers who have suffered harm as a result of an anti-competitive practice. Consumer compensation has always been the core justification for the European Commission’s policy of encouraging private enforcement of competition law. In those cases where collective redress is not available to consumers, or consumers cannot apply existing rules or are unwilling to do so, then both their right to an effective remedy and the public policy goal of private enforcement remain futile. Analyzing collective compensatory actions in CEE countries (CEECs) places the harmonization process in a broader governance framework, created during their EU accession, characterized by top-down law-making and strong EU conditionality. Analyzing collective consumer actions through this ‘Europeanization’ process, and the phenomenon of vertical legal transplants, raises major questions about the effectiveness of legal transplants vis-à-vis homegrown domestic law-making processes. It also poses the question how such legal rules may depend and interact with market, constitutional and institutional reforms.

scholarly journals LEGAL CULTURE AS A FACTOR OF LEGITIMACY OF THE SOCIAL AND LEGAL ORDER

2021 ◽  
pp. 466-477
Author(s):  
Evgeny M. Shumkin ◽  
Keyword(s):  
Social Relations ◽  
Social Order ◽  
Deviant Behavior ◽  
Critical Mass ◽  
Theoretical Work ◽  
Legal Culture ◽  
The State ◽  
Legal Institutions ◽  
Social Phenomena ◽  
Sphere Of Influence

In sociology, the interest in order is determined, among other things, by the identification of various factors that labilize and determine it. The factor under consideration, as a subject, is objectively difficult for social analysis and practical application of its results. Among the trigger reasons are legal culture and legitimacy, which are studied in this theoretical work from heuristic and analytical perspectives. It is assumed that legal culture, as a set of values aggregated by society and the state, can itself act as a factor of legitimacy for such an order. The disclosure of heuristic interest is carried out through legal consciousness of a person, a conscious choice of the model of rational (for oneself or the state) behavior, and the work of socio-legal institutions. Identifying the immanent signs of legal culture, we come to a conclusion that the critical mass of socially accumulated and legal knowledge provokes a qualitative leap in the development of both social and legal orders. This development determines the formation of an architecture of not only social but also nomological values, which creates the necessary conditions for the stability of social relations according to the objective rules provided by the legislator. The author emphasizes the impossibility of predetermining the primacy of the values under consideration since social and normative actions ensure the necessary balance of interests that are corresponding in nature, where unsatisfied frustrating expectations are considered as the main problems. Such expectations are associated with the violation of this balance, expressed in the permanent conflict between law and law enforcement, as the quintessence of the penetrating clash of social and legal orders, where society insists on defeating part of the monopoly on violence in the case of citizens’ deviant behavior and demilitarization of the work of legal institutions that is related to the condemnation of non-conformity, and where the state protects the objectivity of the rules of conduct and the extension of their sphere of influence by giving them legitimacy. The considered social order is seen as the basis for such an organization of life in society where the state acts as a moderator, introducing norms as irreducible standards of responsibility of each individual, correcting his behavior model towards rationality through legal culture that ensures legal awareness, conformity and legitimacy of socio-legal institutions. Legal culture laid down by society and supported by the state makes it possible to adopt a rational model of behavior in society and to make it resistant to destructive social phenomena.

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

scholarly journals Pertanggungjawaban Hukum Terhadap Tindakan Malpraktik Tenaga Medis di Rumah Sakit

2021 ◽  
Vol 4 (2) ◽  
Author(s):  
Ismail Koto ◽  
Erwin Asmadi
Keyword(s):  
Medical Malpractice ◽  
Research Method ◽  
Health Workers ◽  
Point Of View ◽  
Health Law ◽  
Legal Rules ◽  
Library Research ◽  
Legal Perspective

This article aims to find out the legal arrangements and liability related to malpractice acts in hospitals. The liability for criminal acts of malpractice is currently an important spotlight because the legal rules governing it are still vague. This is because the qualifications of malpractice acts are not clearly stated in the legal rules. These malpractice acts cannot be seen solely from a scientific point of view, but from a legal perspective too. Malpractice acts contain criminal and civil elements, this should be considered so that each party does not give their interpretations according to their respective knowledges. The research method used in this study is normative juridical by applying library research and conceptual approaches which will then be analyzed using Wetsen Rechtshitorische Interpretatie, grammatical interpretation, and systematic interpretation. Since the independence time until now, Indonesia has experienced three times of the Health Law enactment. The regulations related to medical malpractice in the Health Law state that, in the event that health workers are suspected of negligence in carrying out their profession, the negligence must be resolved first through mediation.

1. Introduction to constitutional law

2021 ◽  
pp. 1-8
Author(s):  
Colin Faragher
Keyword(s):  
Constitutional Law ◽  
Central Government ◽  
Essential Information ◽  
Legal Rules ◽  
Parliamentary Sovereignty ◽  
Head Of State ◽  
Form Of Government ◽  
The Government ◽  
Definition Of ◽  
The Uk

Each Concentrate revision guide is packed with essential information, key cases, revision tips, exam Q&As, and more. Concentrates show you what to expect in a law exam, what examiners are looking for, and how to achieve extra marks. This chapter discusses the definition of constitutional law and the characteristics of the British Constitution. Constitutional law looks at a body of legal rules and political arrangements concerning the government of a country. A constitution may take the form of a document or set of documents which declare that a country and its chosen form of government legitimately exists. The British Constitution is largely unwritten, flexible in nature, and based on absolute parliamentary sovereignty. The UK is also a unitary state. There is a central government, as well as devolved legislative and executive bodies in Scotland, Wales, Northern Ireland, and England. It is also a constitutional monarchy. This means that the head of state is a king or queen and that they exercise their powers in and through a parliamentary system of government in which the members of the executive are accountable to a sovereign parliament.

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