scholarly journals An Analysis of the Social and Legal Problems in Transitional China

2017 ◽  
Author(s):  
Shuliang Wang
2021 ◽  
pp. 048661342199044
Author(s):  
Wei Zhang ◽  
Zhun Xu

This paper studies the historical evolution of China’s gender relations through the lens of housework time allocation. In particular, we highlight the role played by social class and income. Drawing upon data from the Chinese Health and Nutrition Survey, we find that during the period 1991–2011, being a peasant or earning less than the spouse was increasingly associated with a higher share of housework. The market process appears to have indirectly improved the social status of women (most likely rural women) married to peasant husbands as measured by the former’s declining housework share. Such changes, however, have not challenged traditional patriarchal norms in the countryside and have even facilitated the rise of a new market-based patriarchy. Policy makers should empower women by tackling the different faces of patriarchy as a whole. JEL Classification: B51, J16, P16


Legal Concept ◽  
2019 ◽  
pp. 27-34
Author(s):  
Yana Gaivoronskaya ◽  
Olga Miroshnichenko

Introduction: digitalization is an interdisciplinary problem, but the degree of its mediation by specialists in different fields varies significantly. The modern legal studies of digitalization are often haphazard and superficial. Lawyers are clearly lagging behind modern trends, which can create a number of serious problems in terms of the legal regulation and loss of humanitarian and legal values accumulated by humanity. This situation really creates a number of serious threats to the legal regulation, because technologies are developing, the number of rules associated with their use is increasing, and these rules are written by the experts in the field of digital economy and IT-technologies. The purpose of the study: to summarize the main theoretical and legal problems arising from the widespread introduction of digital technologies in the legal regulation and legal activity. Research objectives: to define the concept of digitalization; to consider the main trends of scientific research on issues related to the largescale spread of digitalization and artificial intelligence technologies; to identify and formulate the main problems of doctrinal and theoretical plan discussed by the legal community in the context of digitalization; to determine the limits of the real impact of new technologies on the social regulation. Methods: the system, structural and functional ones, the methods of analysis and synthesis, expert evaluation. Results: the paper systematizes the main problems of digitalization that concern modern lawyers. The problems of digitalization are divided into general social ones, concerning threats to the development of society as a whole, and special legal ones, concerning the actual change of the legal regulation and law in the era of digitalization. Conclusions: it is not technologies that need the legal regulation, but the relations with the use of technologies do. As for the “horror stories” about AI and total digitalization, most of the problems lie in the sphere of natural intelligence, not artificial one, in the sense that it is necessary to regulate the actions of natural intelligence carriers in the design of artificial intelligence.


Author(s):  
Jerzy Leszczyński

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.


2021 ◽  
Vol 30 (4) ◽  
pp. 621
Author(s):  
Monika Żuchowska-Grzywacz

<p>The article attempts to present an analysis of the status of the concept of chemisation in selected legal acts at the international, EU and national level, and to outline the legal problems related to chemisation in agriculture. The concept of agricultural chemisation belongs to a conceptual framework of other than law branches of empirical sciences, primarily chemistry, natural sciences and agrotechnics. There is no legal definition and it is dispersed in various legal acts, significantly affecting such areas as environmental protection, food safety, food security, protection of the interests of consumers and agricultural entrepreneurs. Due to the specifics of the study, a dogmatic method was used, which analyzed the research material consisting of selected, key provisions of international and EU law and acts of national law. In order to extend the issues and emphasize the issues that are the subject of the study, the method of content analysis and analysis of documents was used, thanks to which the topicality of the discussed issue and its significant importance from the social point of view were shown. The conducted analysis was aimed at showing and emphasizing the multifaceted and complex nature of the issue.</p>


Modernisation and globalisation has been a boon in developing India to be a smart country technologically but few concepts of the Constitution no longer meets the essence of time and the needs of Aged persons to live with dignity.This article is an attempt to pendown the social and legal problems of aged persons to live with dignity and deprivation of their basic rights and as well it is to exhibit the provisions of Maintenance and Welfare of Parentsand Senior Citizens Act,2007(MWP Act) and its failure in protecting the rights of aged persons in India. Issues and challenges relating to implementation of MWP Act are discussed and solutions in the form of recommendation are pen down and attempted


2021 ◽  
Vol 6 (2(30)) ◽  
pp. 20-30
Author(s):  
Valentina Nikolaevna Sidorova

The article deals with some problematic issues of the reform of property law. The author analyzes the dynamics of changes in the wording of Article 128 of the Civil Code of the Russian Federation in terms of the legal regime of non-cash money and non-documentary securities and concludes that the development of a new complex interdisciplinary economic and legal scientific direction in the social sciences is relevant.


2019 ◽  
pp. 347-370
Author(s):  
Alf Ross

This chapter analyses the idea of justice in light of its central place in natural law. As a specific principle of law, justice is concerned with the outer limits and harmonization of conflicting desires, claims, and interests in the social coexistence of a plurality of individuals. Taking the view that all legal problems are problems of distribution, the postulate of justice amounts to a demand for equality in the distribution or allotment of advantages or burdens. Through examples of competing formulations of the idea of justice, it is demonstrated that such formulations comprise two elements: the formal demand for equality as such; and a substantive criterion in order to determine the class to which the norm of equality is to be applied. The formal ideal of equality as such refers only to the correct application of a general rule, whereas the presupposed substantive criterion is what gives content and force to the actually efficacious formula for justice. On this background, it is argued that once the substantive criterion has been determined, it is meaningful to speak of (formal) justice. However, it is meaningless to speak of (substantive) justice in the sense of claiming that certain substantive criteria are just as opposed to others. Whereas justice, as a norm for the legislator (as a yardstick for the ‘correctness’ of the law), is merely a chimera, justice as a norm for the judge is, on the contrary, a living and palpable reality.


2000 ◽  
pp. 77-85
Author(s):  
O. P. Ananieva

Evaluating the role and opportunities of state correction of the functions of religious organizations, it must be recognized that the state is not able to administratively change those trends and forms of activity that express the social purpose of religious associations and organizations.


2021 ◽  
Vol 12 ◽  
Author(s):  
Gong Sun ◽  
Jian Li

The values are greatly affected by the social and economic environment of a country. Thus, social transformation can lead to the values evolution. China has been experiencing a huge social, political, and economic transition in the past four decades. The previous studies that explore the value changes in China mainly compare the values across the regions or generation cohorts. This research investigates the issue from an institutional perspective. Specifically, we propose that the diversification of ownership types—the essence of the economic and institutional reform since 1978 may result in value change. By surveying 327 participants from the state-owned enterprises (SOEs) and 220 respondents from the privately owned enterprises (POEs), the comparisons between SOEs and POEs on four value dimensions—individualism, power distance, risk aversion, and money orientation—were performed. The results basically support cross-vergence theory in the values evolution. The implications and limitations are presented as well.


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