scholarly journals GOODBYE JUSTICE, HELLO HAPPINESS: WELCOMING POSITIVE PSYCHOLOGY TO THE LAW

2005 ◽  
Vol 10 (1) ◽  
pp. 1-26 ◽  
Author(s):  
MIRKO BAGARIC ◽  
JAMES MCCONVILL
Keyword(s):  
General Rule ◽  
Well Being ◽  
Legal Regulation ◽  
Human Condition ◽  
Legal Rules ◽  
Legal Standards ◽  
The People ◽  
Human Happiness ◽  
Rules And Principles ◽  
The Law

[Legal regulation is the most coercive and effective behaviour modifying tool in our community. As a general rule, law relates to the areas of human activ- ity which are viewed as important to the human condition. It follows that the content of the law; that is, legal rules and principles, are central to human happiness. This is not controversial. Laws are purposeful. This is a point that has always been recognised implicitly or expressly by law-makers, phi- losophers, lawyers and the community at large. This is reflected in the fact the people evaluate and critique legal standards. There are supposedly `good' laws, `bad' laws and many in the middle. While we all agree that law is purposeful, there has been intense debate over the centuries regarding the appropriate ends of law. Most forcefully it has been argued that the ultimate ends of the law, the benchmark against legal systems and laws should be evaluated, is the notion of justice. Laws are also often benchmarked on the basis of economic criteria. This paper contends that such standards are flawed benchmarks for evaluating the legal system. In the normal scheme of things, law should be evaluated by one criterion: its capacity to promote human well-being (or happiness).  

New Regulation Vectors — “Alternative” Right?

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
YUriy Tikhomirov
Keyword(s):  
Self Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Power Struggle ◽  
Legal Rules ◽  
The Social ◽  
International Obligations ◽  
The Law ◽  
Effective Use ◽  
Law Making

Manifestations of crisis in Russia and other courtiers stimulate the effective use of law resources. Complicated processes in legal sphere encourage exploration of their tendencies and new vectors. Acknowledgement of the supremacy of law is not accompanied by a single-line trend of ensuring its actual high role in the society, one can observe phenomena of lawlessness and legal nihilism. That is why it is important to search for new aspects of legal regulation, among other things, by means of using alternative social regulators. In particular, we mean other alternative social norms that do not contradict the law, including non-state sources of law-making and self-regulation. Such phenomena can be observed both in the national law and in the sphere of international legal regulation where new forms of international obligations and self-commitments of states are successfully applied along with the traditional contract forms. Tangling of the abovementioned vectors is weakened by the tendency to power struggle with the law, when violence breaks down the legal framework foundations. That is why values, principles and fair legal rules enrich the social potential of the law.

Historical Research in Law

2005 ◽  
Author(s):  
David Ibbetson
Keyword(s):  
Legal History ◽  
Social Economic ◽  
Historical Research ◽  
Legal Institutions ◽  
Legal Process ◽  
Legal Rules ◽  
Rules And Principles ◽  
History Of ◽  
The Law

Legal history is by no means a unitary discipline. A convenient and conventional division can be made between ‘internal’ and ‘external’ legal history. The former is the history of lawyers' law, of legal rules and principles. Its sources are predominantly those that are thrown up by the legal process: principally statutes and decided cases, supplemented where possible with lawyers' literature expounding the rules and occasionally reflecting on them. The latter is the history of the law in practice, of legal institutions at work in society rather than legal rules existing in a social, economic, and political vacuum. This article discusses the historical foundations of legal historiography, the professionalization of legal history, internal legal history, and external legal histories.

scholarly journals Archival Law and Regulation of Preservation of Current and Archival Records

Atlanti ◽  
2015 ◽  
Vol 25 (2) ◽  
pp. 121-127
Author(s):  
Jelka Melik ◽  
Mateja Jeraj
Keyword(s):  
Legal Regulation ◽  
Administrative Law ◽  
Legal Order ◽  
Archival Science ◽  
Legal Norms ◽  
The Public ◽  
Rules And Principles ◽  
The Law ◽  
Public Archives ◽  
The Eu

The archival law is part of administrative law. It consists of rules and principles in the respective legal system required for the organization of the archives and of their rights and duties. Archival law is also a science that deals with the archival legal norms. Archival law develops specific rules on archives, and provides legal and natural persons who are obliged to cooperate with archives and turn them over the archival records, prescribes their duties and develops professional guides of archival science, which are legally required, but also provides penalties for their violation. The archival law is a part of the legal order of a country. Therefore, its definition varies from one country to another. Nevertheless, in the EU countries there is a strong tendency for uniform solutions of some archival issues and for upgrading archival law. One of these is undoubtedly the preservation of current and archival records by both, the creators of archival records and the public archives. Equally important is the preservation of current and archival records produced in electronic form. In addition to the legal regulation, it is necessary to emphasize the importance of sanctions and the effectiveness of legal norms. The law should be indeed effective, which means that it works and is implemented in the life of society. At this point one should not overlook the fact that the law becomes stronger and firmer, when the number of those who perceive its rules as appropriate, reasonable and necessary gets bigger.

scholarly journals The Principles Of The Farewell Pilgrimage Sermon Are The Basis Of The Objectives Of (Al-Sharia) Islamic Law

2021 ◽  
Vol 58 (1) ◽  
pp. 2936-2952
Author(s):  
Mohammad Ibrahim Abu Jraiban
Keyword(s):  
Islamic Law ◽  
The People ◽  
Moral Standards ◽  
Human Happiness ◽  
The Law ◽  
Goals And Objectives

It became clear to us that what is meant by the knowledge of “the objectives of the law” is that knowledge leading to the knowledge of the goals, meanings and purposes of the provisions of the texts of Sharia, which the wise law has observed, including the legal rulings that achieve the interests of the people. Because the scholars rolled up and circled the depths of the texts, and dealt with research and analysis, and guided to realize its essence. Some of them called it the term objectives and some of them dealt with the term virtues and psychological ailments, and what follow from that of the meanings that indicate chastity and transcendence. Within this section, the sermon came to the farewell pilgrimage, to serve as a general declaration to humanity of the rulings it included, the circumstances and conditions that he wore, and the lofty faults and meanings that resulted from them. They have become human rules and moral standards. It is seen by everyone who aims to achieve good and human happiness. The significance of that prophetic sermon also lies in its complete consideration of the goals and objectives of the various Sharia, with its focus on caring for and achieving the most important of those objectives. It is necessary from them.

scholarly journals Surrogacy contract between permissibility and prohibition

2020 ◽  
Vol 7 (2) ◽  
pp. 242-261
Author(s):  
Sangar Ali Rasul
Keyword(s):  
Artificial Insemination ◽  
Analytical Approach ◽  
Social Ties ◽  
Legal Regulation ◽  
Legal Rules ◽  
Innovative Idea ◽  
The Subject ◽  
The Law ◽  
Research Structure

The law is a set of general and abstract rules of conduct that regulate the ties in society, and it is associated with punishment for those who violate it, and the development of these social ties would make legal rules unfeasible. Consequently, the necessity to alter, amend or repeal those rules in response to the growing needs of society so that the legislator can bring the laws in line with these advancements.This includes artificial insemination with surrogacy and the subject is a new emerging and innovative idea, particularly in the legislation of states that authorize it which requires a legal regulation aligned with that progress.The research relies on the analytical approach in dealing with details of the subject, and the research structure is based on two sections, we discussed in the first section of what is surrogacy by defining it and presenting its characteristics. In the second section, the provisions of surrogacy between Sharia and law are discussed. The conclusion of the research includes some of the findings and recommendations that might be appropriate to our modest view.

scholarly journals Clarity and legibility of legal norms as an element of legal certainty

2020 ◽  
Vol 11 (11) ◽  
pp. 185-189
Author(s):  
Ogneviuk G. Z.
Keyword(s):  
Legal Regulation ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Form ◽  
Legal Norms ◽  
The People ◽  
Protection Of Human Rights ◽  
The Law ◽  
External Form ◽  
Discretionary Powers

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability.

scholarly journals Clarity and legibility of legal norms as an element of legal certainty

2021 ◽  
pp. 210-215
Author(s):  
G. Z. Ogneviuk
Keyword(s):  
Legal Regulation ◽  
Legal Norm ◽  
Legal Certainty ◽  
Legal Form ◽  
Legal Norms ◽  
The People ◽  
Protection Of Human Rights ◽  
The Law ◽  
External Form ◽  
Discretionary Powers

The article analyzes links between the clarity and legibility of legal norms and the legal certainty principle. It is stated that clarity and legibility are not only the characteristics of legal norms and the requirements of legal technique. It is also a significant element for the legal certainty principle, which influences on how legal regulation will achieve its goal. Each legal norm has a content and an external form, the form should be clear and apparent not only to the lawyers and judges but also to the people, who should understand the content clearly to behave in accordance with it. In case of uncertainty legal norms are differently applied by people. They are unclear to understand what is prohibited or approved by law. This leads to the reduction of authority of the legal regulation and stimulates a person to interpret the norm in his pwn way. The universality and stability of legal regulation reduces thereby. So clarity and legibility are far from being only the technique characteristics of legal form, they influence significally the process of application of legal norm. There should be no special education provided for average citizen to understand the meaning of law, which he is due to obey. In order to provide a full and universe regulation the law should be clear and understandable. In this case citizens receive predictability and show respect for the law. Apart from the clarity and legibility legal certainty principle provides accessibility of legal regulation; restriction of the discretionary powers; binding nature of the court decision; prohibition retrospective action of legal norms and others. It is underlined that the problem of clarity and legibility of legal act significally influences the protection of human rights and freedoms and it depends on how legal norm would get the aim of its regulation and in what way the idea incorporated by the legislator would be realized. In order to provide clarity and legibility there are two groups of instruments that should be provided – general linguistical and juridicial. Linguistical instruments includes simplicity of formulation, avoidance of iterance, tautology, accumulation of syntactic construction, excessive use of denial in formulation of legal norms. The second group – juridical instruments – provide rare use of specified legal terminology, limited use of reference norms that doesn`t give an integral understanding of legal rule. Such cases attack legal certainty principle. Keywords: legal certainty, legal technique, clarity and legibility of norm, predictability

Current innovative issues of legal regulation of collection activities

2021 ◽  
pp. 124-128
Author(s):  
Maryna Semenova
Keyword(s):  
Legal Regulation ◽  
The State ◽  
Main Body ◽  
Systematic Analysis ◽  
Legal Rules ◽  
Stage Of Development ◽  
Legal Relationship ◽  
Long Time ◽  
The Law ◽  
First Time

Problem setting. At the present stage of development of the national legal system there are a number of conflicting issues and gaps in the legal regulation of collection companies. Prior to the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" the current legislation did not contain clear rules of conduct either for entities engaged in collection activities or mandatory uniform requirements to the ethical conduct and rules of interaction of such persons with the debtor in the settlement of overdue debt. This necessitates a comprehensive and comparative analysis of the legal regulation of economic activity of collectors, which is the purpose of this study. The object of the study is the legal relationship between entities engaged in collection activities and debtors. Analysis of recent researches and publications. Problems of legal regulation of collection activities in Ukraine and determining the nature of financial companies and the specifics of their activities have attracted the attention of researchers for a long time. So M. V. Fedik was engaged in research of this question at different times. [1, p. 107], S. B. Egoricheva [2, p. 117-119], M. I. Dancha [3, p. 52-55], N. V. Mentukh, O. R. Shevchuk [4, p. 58-62], A. G. Zaika [5, p. 169-176], O O. Savchuk, S. V Glibko [6, p. 132-137]. At the same time, the issue of settling the procedure for repaying bad debts by collectors by introducing clear legal rules for their activities and ensuring compliance with the rights of debtors requires further research. The target of research is to determine the changes in the state of collection entities during the settlement of overdue debt, which was proposed by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts". Article’s main body. For the first time a comprehensive analysis of the activities of collectors before the adoption of the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors in Settlement of Overdue Debts" and prospects of their activities. On the basis of which conclusions were made on the prospects for the implementation of the law. The research is devoted to the analysis of the state of activity of collectors and changes in the legal settlement of legal relations arising during the settlement of overdue debt, which were introduced by the Law of Ukraine № 1349-IX "On Amendments to Certain Legislative Acts of Ukraine on Protection of Debtors debt ". Conclusions and prospects for the development. Thus, in general, a systematic analysis of Law № 1349-IX allows us to conclude that its provisions contain innovative provisions on the legal regulation of business activities of collection companies, which will have positive consequences for settling overdue debts and protect the rights of debtors.

scholarly journals Complex societies and the growth of the law

2020 ◽  
Vol 10 (1) ◽  
Author(s):  
Daniel Martin Katz ◽  
Corinna Coupette ◽  
Janis Beckedorf ◽  
Dirk Hartung
Keyword(s):  
United States ◽  
Language Processing ◽  
The United States ◽  
Complex Societies ◽  
Legal Rules ◽  
The People ◽  
Tax State ◽  
Main Driver ◽  
Cross Country ◽  
The Law

Abstract While many informal factors influence how people interact, modern societies rely upon law as a primary mechanism to formally control human behaviour. How legal rules impact societal development depends on the interplay between two types of actors: the people who create the rules and the people to which the rules potentially apply. We hypothesise that an increasingly diverse and interconnected society might create increasingly diverse and interconnected rules, and assert that legal networks provide a useful lens through which to observe the interaction between law and society. To evaluate these propositions, we present a novel and generalizable model of statutory materials as multidimensional, time-evolving document networks. Applying this model to the federal legislation of the United States and Germany, we find impressive expansion in the size and complexity of laws over the past two and a half decades. We investigate the sources of this development using methods from network science and natural language processing. To allow for cross-country comparisons over time, based on the explicit cross-references between legal rules, we algorithmically reorganise the legislative materials of the United States and Germany into cluster families that reflect legal topics. This reorganisation reveals that the main driver behind the growth of the law in both jurisdictions is the expansion of the welfare state, backed by an expansion of the tax state. Hence, our findings highlight the power of document network analysis for understanding the evolution of law and its relationship with society.

Terrorism and Armed Conflict: Insights from a Law & Literature Perspective

2011 ◽  
Vol 24 (1) ◽  
pp. 1-21 ◽  
Author(s):  
ANDREA BIANCHI
Keyword(s):  
Armed Conflict ◽  
Legal Regulation ◽  
Human Condition ◽  
Armed Conflicts ◽  
Historical Background ◽  
International Humanitarian Law ◽  
Humanitarian Law ◽  
Applicable Law ◽  
The Status ◽  
The Law

AbstractThis article examines some selected issues relating to terrorism and international humanitarian law (IHL): the characterization of the nature of armed conflicts in which armed groups, qualified as ‘terrorist’, are involved; terrorism as a war crime; and the determination of the status and treatment (including detention) of terrorist suspects apprehended in the course of an armed conflict. The analysis emphasizes the importance of legal categories and legal qualifications of factual situations for the purpose of determining the applicable law as well as the crucial importance of taking societal practice into account when evaluating the state of the law in any given area. The main focus of the article, however, is on providing a few basic insights, drawn from the law & literature movement, on international humanitarian law and terrorism. Short of any epistemological ambition, literature is used as a remainder that the law is not a set of neutral rules, elaborated and applied independently of context and historical background; that the human condition remains central; and that legal regulation cannot be oblivious to it. Finally, mention is made of interpretive techniques, developed in the field of literary studies, that may help establish social consensus on the interpretation of IHL grey areas.

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