Digitalization in the modern culture of law-making: a trend for renewal and a positive trend in legal life

2020 ◽  
pp. 165-179
Author(s):  
Vladimir Samorodov
Keyword(s):  
Rapid Development ◽  
Comparative Method ◽  
Positive Influence ◽  
Theoretical Research ◽  
Legislative Process ◽  
Positive Trend ◽  
Modern Culture ◽  
The Law ◽  
The Impact ◽  
Law Making

The relevance of the study is due to the need for theoretical research of new processes of law and law-making digitization. The particular interest is the analysis of digitalization in the context of modern culture of law-making and the impact of digital technologies on the legal life of society. Theoretical research in this area can create the basis for preventing and overcoming numerous difficulties in practical legal (law-making) activity that may be associated with the introduction of this activity in the format of digital reality. The aim of the work is to study the processes of digitalization in-fluence on the law-making institution (the culture of law-making activity) and to identify positive trends in the legal life of society related to the digital form. The methodological basis of the research is based on classical methods (dialectics, logic, analysis, synthesis, comparative method, etc.). We also draw attention to the need for gradual development and the possibility of applying methodological knowledge of post-non-classical epistemology, information approach, which help to study the qualitative characteristics of the digitization of law, law-making and culture in their nonlinear rapid development and self-development. The results of the study can be attributed to the allocation of positive and some negative aspects of the impact of digitalization on the culture of law-making and the legal life, the analysis of certain legislative provisions aimed at digitalization of the legislative process (on the example of the law of Tambov region), the establishment of the essential properties of the process of modern culture of law-making digitalization and its mainly positive influence on the legal life.

scholarly journals Legal Regulations Impact on Social Capital. The Case of Poland

2020 ◽  
pp. 227-254
Author(s):  
Lech Kurowski ◽  
Piotr Szymaniec
Keyword(s):  
Social Capital ◽  
Legislative Process ◽  
Legal Regulations ◽  
Statutory Law ◽  
History Of ◽  
Capital Building ◽  
The Law ◽  
The Impact ◽  
The Relationship ◽  
Law Making

The article’s goal is to examine the impact of legal regulations on social capital on example of Poland. Due to specific conditions of Poland’s history of the last 200 years, legal institutions were not supposed to contribute to creation of social capital and in fact made it difficult. Our objective is to investigate the role of positive law in social capital building process. In the authors’ view, the relationship between statutory law and social capital is a complex one. On the one hand, a large stock of social capital supports statutory law, which can therefore be applied more effectively. Moreover, in such a situation, legal regulations do not have to be too detailed and casuistic. On the other hand, inadequate legal regulations may reduce the resource and quality of social capital, while well thought-out regulations can, in turn, support social capital. After review of literature referring to the relationship between the law and social capital, factors influencing social capital are discussed. It is followed by a short history of social capital evolution in Poland. After WWII, Polish legal system contributed to stressing the differences between identified groups, each of them enjoying different privileges. Due to bureaucratic character of this law, it did not help to strengthen social capital. Final section deals with general issues of the law-making process. We are presenting a tentative proposal to expand regulatory impact assessment (RIA) methodology, used in Poland and other OECD countries, by aspects important from social capital perspective. In our opinion, social capital building aspects were formally and practically forgotten during legislative process. Our suggestions on how to deal with social capital in the law-making processes are meant to propose corrective measures.

scholarly journals Review of the Political Direction of National Legal Development Law

2021 ◽  
Vol 9 (2) ◽  
Author(s):  
Achmad Irwan Hamzani ◽  
Kanti Rahayu ◽  
Tani Haryadi ◽  
Nur Khasanah ◽  
Havis Aravik
Keyword(s):  
Legal System ◽  
Legal Consciousness ◽  
The Political ◽  
Philosophical Approach ◽  
Legal Development ◽  
National Legal System ◽  
The Law ◽  
The Impact ◽  
Law Making ◽  
The Ideal

The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of national legal development is not only through legislation. There is the functionalization of the law that lives in society. The purpose of the research describes the political urgency of law in the development of national law and reviews the political direction of national law development law. This research uses a philosophical approach, namely to examine the law from the ideal side in the form of an idea of the direction of national law politics in the future. The results of this study show that the politics of law is necessary to provide direction in the development of national law. Each country has a legal political direction whose role as the basic policy of state organizers to determine the direction, shape, and content of the law to be established. Legal politics as a strategy of the formation process, as well as the implementation of laws based on the national legal system to achieve the goals and ideals of the state. The political direction of the law in Indonesia in the development of national law simplifies legislation. The scope of the development of the national legal system can be through legislation and functionalization of the living law. The political direction of the law in Indonesia in the development of national law simplifies the process of legislation. The impact will only be a successful legal state in law-making, but weak in law in action. The implication of this study is to expand the political direction of national law which includes the functionalization of the living law. By functionalizing "the living law", the resulting law is rooted in the legal consciousness of society.

scholarly journals The Impact of Blockchain Technology on Stock Price: An Emprical Study

2021 ◽  
Vol 96 ◽  
pp. 04008
Author(s):  
Minhe Xu
Keyword(s):  
Stock Price ◽  
Quantitative Research ◽  
Rapid Development ◽  
Listed Companies ◽  
Theoretical Research ◽  
Practical Significance ◽  
Future Research ◽  
Event Analysis ◽  
Blockchain Technology ◽  
The Impact

With the rapid development of blockchain technology, more and more attention has shifted from the theoretical research of blockchain technology to the application of specific business of the company. However, there are few literatures on the quantitative research on the impact of blockchain technology on the company's market value after it is applied to the company's actual business. In this paper, 73 listed companies published blockchain application announcements from 2016 to 2019 are selected as the research objects, and the short-term event analysis method is used to quantitatively analyze the impact of the application about blockchain technology on the market performance of listed companies. The results show that: after the announcement of blockchain application in their own business, listed companies have a more significant abnormal income, which shows that the capital market has a significant positive response to the application of blockchain. Finally, this paper puts forward the theoretical and practical significance, limitations and future research.

“The Sulṭān Says”: State Authority in the Late Ḥanafī Tradition

2016 ◽  
Vol 23 (3) ◽  
pp. 239-278
Author(s):  
Samy Ayoub
Keyword(s):  
Legal Culture ◽  
The State ◽  
Legal Order ◽  
Reference Points ◽  
Assigned Value ◽  
Legal Studies ◽  
State Authority ◽  
The Law ◽  
The Impact ◽  
Law Making

This article investigates the impact of the state on the legal order through an examination of authoritative Ḥanafī legal works from the 17th and 18th centuries CE. By focusing on the madhhab and its juristic discourse, I challenge the reigning narrative in Islamic legal studies by demonstrating how late Ḥanafī jurists assigned value and authority to Ottoman state orders and edicts. This increasing state authority is reflected in the state’s ability to settle juristic disputes, to order jurists and judges to adopt specific opinions in their legal determinations, and to establish its orders as authoritative and final reference points. The incorporation of state orders within authoritative Ḥanafī legal commentaries, treatises, and fatwā collections was made possible by a turn in Ḥanafī legal culture that embraced the indispensability of the state in the law-making process.


scholarly journals The Constitution of the Russian Federation as a National Project of Exercising of Civil Rights to Participation in the Law Making Process

2020 ◽  
Vol 12 ◽  
pp. 18-22
Author(s):  
Olga A. Fomicheva ◽  
Keyword(s):  
Civil Rights ◽  
Russian Federation ◽  
Legislative Process ◽  
National Project ◽  
The Russian Federation ◽  
The Law ◽  
Law Making

The people’s participation forms in the legislative process are analyzes in article. To essence of understanding the legislative process changing are given arguments. The necessary to form national projects for the democratic foundations development in Russian, including within the framework of ensuring the implementation of citizens’ rights to participate in the legislative process are author concludes.

scholarly journals Construction of Innovation Behavior of College-Student Entrepreneurs Using Entrepreneurship and Innovation Theory Under Educational Psychology

2021 ◽  
Vol 12 ◽  
Author(s):  
Baoge Zhang ◽  
Song Han ◽  
Qiuyan Xu ◽  
Lan Jiao
Keyword(s):  
College Student ◽  
Educational Psychology ◽  
Rapid Development ◽  
Educational Background ◽  
Theoretical Research ◽  
Venture Performance ◽  
Entrepreneurial Spirit ◽  
Student Entrepreneurs ◽  
The Impact ◽  
Innovation Behavior

The purpose is to analyze the entrepreneurship and innovation education of colleges from the perspective of educational psychology and optimize the teaching mode reform of entrepreneurship and innovation courses. In this study, the theoretical research and case studies are combined to explore the performance of college-student entrepreneurs during college and work and have provided data for targeted entrepreneurship and innovation education in the schools. Meanwhile, the specific manifestation of the entrepreneurial spirit during work is analyzed, and the impact of entrepreneurial spirit is discussed on the new venture performance. The case study shows that most of the surveyed college-student entrepreneurs have a higher educational background and short venture-creation time, and their ventures are mostly small and medium-sized enterprises (SMEs) with rapid development. Most entrepreneurs show a strong entrepreneurial spirit during college. Among them, the average score of honesty is 3.85. At work, the surveyed entrepreneurs have high innovation attitude and innovation intention. Most entrepreneurs use innovative methods to solve practical problems in their work, and innovation spirit plays an important role in improving venture performance. Innovation attitude and innovation performance have a significant positive impact on innovation behavior. The research is comprehensive, and the results have very important application value. The results can provide scientific and effective references for colleges to reform entrepreneurship and innovation education.

scholarly journals Review on the impact of 2014 Enterprise Law on business environment and some suggestions

2018 ◽  
Vol 1 (Q5) ◽  
pp. 16-23
Author(s):  
Dung Quoc Trinh ◽  
Anh Tuan Trinh ◽  
Tai Thi Nhat Phan
Keyword(s):  
Positive Impact ◽  
Business Environment ◽  
Positive Influence ◽  
Global Integration ◽  
Legal Documents ◽  
Pros And Cons ◽  
Environment And Development ◽  
The Law ◽  
Short Time ◽  
The Impact

The 2014 Enterprise Law and its resulting legal documents that provide implementation instructions have exerted positive impact on the business environment and the development of enterprises. According to the Business Registration Administration Department of the Ministry of Planning and Investment, there were about 95,000 new enterprises established in 2015 – a short time after the the 2014 Enterprise Law came into effect. This record high number is an evidence for the positive influence of the Law. However, the Law reveals some limitations which adversely affect the business environment and development of enterprises. The paper focuses on presenting both pros and cons of the Law, thereby offering some suggestions to improve it in the context of global integration.

scholarly journals Impact Assessment of Environmental Law on the Administrative Costs of Enterprises Using SCM Methodology: A Case Study

2018 ◽  
Vol 8 (3) ◽  
pp. 129
Author(s):  
Maria do Céu Colaço dos Santos ◽  
João Abreu De Faria Bilhim
Keyword(s):  
Cost Benefit Analysis ◽  
Cost Model ◽  
Environmental Law ◽  
Legislative Process ◽  
Systematic Analysis ◽  
Administrative Costs ◽  
Ex Post ◽  
Better Regulation ◽  
The Law ◽  
The Impact

The regulatory reforms initiated by the international and national bodies aim for a “better regulation”, “better policies for a better life” and “better policies for sustainable development”. In this sense, better regulatory activity abides by a set of principles that makes it a “good-quality regulation”. A better regulation is one which reaches its purposes at a reduced cost. The cost-benefit analysis has been an exercise adopted by the international and national bodies for the evaluation of the impact of the law. A systematic analysis of the impact is encouraged, on an ex-ante and ex-post cycle of the legislative process, with the purpose of diagnosing and reducing the unnecessary charges for companies and citizens. In this context, this work offers an investigation of the impact of the environmental law on the administrative costs of Portuguese companies, applying the standard cost model (SCM) methodology. We concluded that the administrative charges for the companies arising from the time spent on the fulfilment of information obligations resulting from the law exceed what is acceptable and that this spent time encompasses the irritation costs and lost opportunities for companies. Environmental licences impose many legal requirements for the protection of soil, air and water and encompass a diversified set of competent public authorities that share the monitoring and regulation of the covered economic activities, contributing to the massification of bureaucracy and, consequently, to the administrative costs.

scholarly journals Discussion aspects of determining the list of means and techniques of legislative technique in the law-making process

2021 ◽  
Vol 15 (1) ◽  
pp. 76
Author(s):  
Oleg G. Soloviev ◽  
Yulia O. Goncharova
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legislative Process ◽  
Structural Elements ◽  
Legal Norms ◽  
Legal Problems ◽  
The Law ◽  
Tools And Techniques ◽  
Law Making

The article examines the means and techniques of legislative technique as the main primary components of the construction of legal norms, the authors explore the controversial aspects of determining the range of key technical and legal instruments. The authors note the negative aspects in the process of using the tools and techniques of legislative technique in the regulation of criminal law prohibitions. The main technical and legal problems in modern criminal law-making are the unjustified casuistification of dispositions of normative prescriptions, the bulkiness of criminal law prohibitions. In some cases, the volume (capacity) of individual dispositions exceeds 150 words. Such normative decisions significantly complicate the perception of elements of a crime, complicate the assessment and comparison of the committed act with a specific criminal norm. These circumstances negatively affect the qualification process and do not meet the needs of law enforcement practice. Certain gaps are observed in the construction of blank dispositions, in a situation where the legislator uses significant prescriptions borrowed from normative acts of other branches of law in the description of encroachments. The paper also notes, that the rules of legislative technique do not relate to basic structural elements, since they are auxiliary (secondary) components of the legislative process and are already associated with the use of tools and techniques in the course of practical normative design, formation of specific legal prescriptions.

scholarly journals Rola polskiego parlamentu w systemie organów wdrażających wyroki Europejskiego Trybunału Praw Człowieka

2020 ◽  
Vol 5(160) ◽  
pp. 9-34
Author(s):  
Katarzyna Grzelak-Bach ◽  
Karol Karski
Keyword(s):  
Human Rights ◽  
Ad Hoc ◽  
Legislative Process ◽  
European Court ◽  
Protection Of Human Rights ◽  
The Republic ◽  
Council Of Ministers ◽  
The Impact ◽  
Law Making

The study presents selected issues related to the role of the national parliament in the implementation and execution of judgments of the European Court of Human Rights (ECHR). It presents the specificity of the national law-making process as a system of ad hoc legislation, which to a small extent is a response to international obligations in the field of human rights.The study also attempts to examine the impact of the case law of the ECHR on the national legal system by analyzing the subsequent stages of the legislative process. It emphasizes the role of the Committee of Ministers of the Council of Europe, whose task is to ensure that states do not overlook — by their actions or omissions — the effects of judgments. The study attempts to assess the degree of sensitisation and the increase of awareness regarding the significance of the standards of the Convention for the Protection of Human Rights and Fundamental Freedoms (Convention) in the national institutions and executive and legislative authorities that actively cooperate with each other. The implementation of the guidelines of correct legislation in the context of human rights is an activity of entities involved in the law-making process which, taking into account the standards of national and international law, shape in a specific manner the situation of individuals as well as of all entities. Parliaments can hold the executive authorities accountable for the execution of obligations by means of various instruments, and thus many legal issues that were the subject of the judgments of the ECHR had significant impact on the legislative process and the undertaking of respective legislative actions towards bringing Polish legislation closer to the standards of the Convention. The Sejm (the Polish Lower House) and the Senate bear enormous responsibility for the quality of the adopted law; at the parliamentary stage the role of the Council of Ministers of the Republic of Poland becomes less leading, but not excluded. This is what determines the unique role of the dialogue between the executive and legislative authorities, which should finalize the vision of the legal regulations closer to human rights in a constructive manner.

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