scholarly journals The Social History Of Law As A Factor Of The Rule Of Law

2021 ◽  
Author(s):  
Yury Fogelson ◽  
Dmitry Poldnikov
Keyword(s):  
Social History ◽  
Rule Of Law ◽  
The Rule Of Law ◽  
The Social ◽  
History Of ◽  
History Of Law

scholarly journals The Social History of Law as a Factor of the Rule of Law

2021 ◽  
Vol 67 (2) ◽  
pp. 172-201
Author(s):  
Yury Fogelson ◽  
Dmitry Poldnikov
Keyword(s):  
Social History ◽  
Rule Of Law ◽  
Social Norm ◽  
Legal Systems ◽  
The Rule Of Law ◽  
The Social ◽  
History Of ◽  
The Law ◽  
The Stability ◽  
K 12

The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types-the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a "triangle" of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law. / JEL Classification: K 10; K 11; K 12

scholarly journals The social history of law as a factor of the rule of law

2021 ◽  
Vol 30 (2) ◽  
pp. 59-93
Author(s):  
Dmitry Poldnikov ◽  
Yuriy Fogelson
Keyword(s):  
Social History ◽  
Rule Of Law ◽  
Social Norm ◽  
Professional Community ◽  
Legal Systems ◽  
The Rule Of Law ◽  
The Social ◽  
History Of ◽  
The Law ◽  
The Stability

The rule of law, understood as ideology and legal rules, is believed to be a competitive advantage of Western civilization, supporting its sustainable development. Yet it can also be viewed as a social norm of citizens who respect the law and follow its commands. How does this social norm emerge in different societies? This question must be answered through the social history of the law in Western and non-Western societies from a comparative perspective. This paper outlines the main features of comparative socio-legal history and tests it on some significant historical examples. In the first part of the article, the authors propose a functional classification of legal systems into three ideal Weberian types–the law of judges, learned law, and the law of the authorities. It allows us to consider the origin of the social norm of the rule of law. In the second part of the article, the authors trace the transition from the ideal types to natural legal systems and identify the factors that determine the stability of the social norm of the rule of law where it originated. In the final part of the article, the authors conclude that, first, the social norm of the rule of law emerged in the societies where the law had been treated either as a means of resolving disputes (the law of judges) or as the rules of fair, correct conduct (learned law), for example, the Roman Republic, medieval England, continental Europe, and the Ottoman Empire. Secondly, the stability of the social norm of the rule of law seems to be explained by a “triangle” of factors, namely: 1) political competition where all participants understand the inevitability of compromise on the basis of the law, 2) law which is suitable for finding a compromise due to its internal merits, 3) a professional community of jurists who develop and apply law independently of the administration. Such a triangle is possible in any society where the law of judges or learned law prevails and where the majority of participants in the political process are ready to compromise based on the current law.

Vladimir Spasovich and the Development of the Legal Profession in Russia

2004 ◽  
Vol 32 (3) ◽  
pp. 593-603
Author(s):  
Peter Roudik
Keyword(s):  
Rule Of Law ◽  
Legal Profession ◽  
Political Life ◽  
Legal Rights ◽  
Russian Society ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
The Social ◽  
History Of ◽  
The Individual

Russian society is currently struggling on its road towards recognizing the rights and freedoms of the individual, as well as towards establishing the rule of law and institutions, norms and procedures of a civil society. The current poor state of the legal profession is due significantly to lawyers with substandard qualifications. This fact has delayed the speed of progressive social, political and spiritual reforms, and has complicated the quest for freedom and legal rights by the Russian people. An analysis of the previous Russian experience and a creative interpretation of state and legal traditions might be useful to solve current problems. One such lesson may be learned from studying the history of the Bar (Advokatura), which once used to influence the social and political life in Russia.

scholarly journals The Place of Rule of Law in Iran

2014 ◽  
Vol 31 ◽  
pp. 83-88
Author(s):  
Maryam Ameri ◽  
Hadiyeh Sadat Mirtorabi
Keyword(s):  
Rule Of Law ◽  
Large Scale ◽  
Good Governance ◽  
The Rule Of Law ◽  
History Of ◽  
History Of Law ◽  
Constitutional Revolution

Harassing the power and its reflection in the history of law is the result of the elders' efforts and sacrifices along with the insights of the rulers and revolutionaries whose names may have never been cited but their great efforts are always being discussedand underpins large scale developments. Specifically, this article has discussed the process of law formation in Iran with an emphasis on Constitutional Revolution (known as constitutionality) and Constitutional movement delimiting and regulating power, controlling autocracy and unconditionality and covering the rule of law and good governance in brief.

scholarly journals SOCIAL STATE: TOWARDS THE HISTORY OF THE CONCEPT

2020 ◽  
Vol 16 (1) ◽  
pp. 28-37
Author(s):  
Анатолий Тимонин
Keyword(s):  
Social Policy ◽  
Rule Of Law ◽  
Social State ◽  
German Scientist ◽  
The Rule Of Law ◽  
The Social ◽  
State And Society ◽  
History Of ◽  
Favorable Conditions ◽  
Hegelian Philosophy

Favorable conditions for forming the theory of social state appeared only when the phenomena of the state and society began to differ both terminologically and conceptually. The concept of society was quite often used as a synonym of another concept - “state”, it was this concept that acted both as the name of the future goal and as an integral way of understanding the content and results of past processes related to charity and welfare. The idea of a social state is rooted in deep antiquity. It showed itself rather vividly in the activities of the Athenian reformer Solon and his relative Pisistrat, in the surprisingly active social policy of Byzantium. In the new historical conditions, German scientist Lorentz von Stein, guided by the Hegelian philosophy, especially actively and fruitfully developed this idea. Stein was captured by Hegel, his concepts and methodology and it initially allowed Stein to penetrate the essence of social and political phenomena, but as scientific thought developed, Hegel and Hegelians began to lose their former popularity with emerging social democracy in Germany. Stein’s controversy with Robert von Mole, co-author of the concept of the rule-of-law state, did not contribute to this. In the end, those authors who, like Adolf Wagner, did not oppose ideals of the social and rule-of-law states, but connected them, achieved the greatest success in the homeland of the spiritual father of the theory of social state.

Early Cinema in Scotland

2018 ◽  
Keyword(s):  
Social History ◽  
Small Towns ◽  
Early Cinema ◽  
Popular Song ◽  
Feature Film ◽  
Local Newspapers ◽  
The Social ◽  
Production History ◽  
History Of ◽  
International Audience

This collection of essays, drawn from a three-year AHRC research project, provides a detailed context for the history of early cinema in Scotland from its inception in 1896 till the arrival of sound in the early 1930s. It details the movement from travelling fairground shows to the establishment of permanent cinemas, and from variety and live entertainment to the dominance of the feature film. It addresses the promotion of cinema as a socially ‘useful’ entertainment, and, distinctively, it considers the early development of cinema in small towns as well as in larger cities. Using local newspapers and other archive sources, it details the evolution and the diversity of the social experience of cinema, both for picture goers and for cinema staff. In production, it examines the early attempts to establish a feature film production sector, with a detailed production history of Rob Roy (United Films, 1911), and it records the importance, both for exhibition and for social history, of ‘local topicals’. It considers the popularity of Scotland as an imaginary location for European and American films, drawing their popularity from the international audience for writers such as Walter Scott and J.M. Barrie and the ubiquity of Scottish popular song. The book concludes with a consideration of the arrival of sound in Scittish cinemas. As an afterpiece, it offers an annotated filmography of Scottish-themed feature films from 1896 to 1927, drawing evidence from synopses and reviews in contemporary trade journals.

Editor's Notes

2008 ◽  
Vol 31 (1) ◽  
pp. 7-7
Keyword(s):  
Social History ◽  
Ethnic Studies ◽  
Economic Issues ◽  
The Social ◽  
History Of

In this opening issue of volume 31 we are presented with both nuanced and bold entry into several long enduring issues and topics stitching together the interdisciplinary fabric comprising ethnic studies. The authors of these articles bring to our attention social, cultural and economic issues shaping lively discourse in ethnic studies. They also bring to our attention interpretations of the meaning and significance of ethnic cultural contributions to the social history of this nation - past and present.

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