scholarly journals Rizaeddin Fakhraddin (1859‒1936) on Model of State of the Modern Epoch

2021 ◽  
Vol 17 (3) ◽  
pp. 107-120
Author(s):  
A. Yu. Khabutdinov
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Legal System ◽  
Social Issues ◽  
Point Of View ◽  
The Political ◽  
The Rule Of Law ◽  
The Creation ◽  
Late Modern

This article is devoted to the ideas of Rizaetdin Fakhretdin (1859‒1936) concerning the statehood of the Late Modern (19th century) period. His main theological work “Dini ve ijtimagy meseleler” (“Religious and Social Issues” (1914)) was devoted to the justification of the modernization reforms as well as to ways of their understanding from the Muslim point of view. R. Fakhraddin analyzed reforms of the political and legal system, the introduction of the Constitution, the construction of the rule of law, the creation of Parliament. He justified the necessity and legitimacy of these reforms from the point of view of the Qur’an and the Sunnah.

scholarly journals Orzecznictwo sądów amerykańskich w sprawach niewolnictwa – pomiędzy formalizmem a subwersją

2018 ◽  
Vol 3 (2) ◽  
pp. 70-96
Author(s):  
Jerzy Zajadło
Keyword(s):  
19Th Century ◽  
Rule Of Law ◽  
Point Of View ◽  
Theoretical Point ◽  
The Rule Of Law ◽  
The 19Th Century

Article discusses a dilemma of judge facing a possibility (or necessity) of applying judicial disobedience. From the philosophical as well as theoretical point of view, the most intriguing would be an instance of judicial disobedience when applied to a state of democracy and the rule of law. In order to (re-)construct such an instance, the article traces the reader back to the middle of the 19th Century, when the moral conscience of (at least) some of American judges drove them to searching for the sound justification of judicial disobedience when faced with problem of slavery.

The Spirit of Israel Law

1974 ◽  
Vol 9 (4) ◽  
pp. 456-462
Author(s):  
Haim H. Cohn
Keyword(s):  
Rule Of Law ◽  
General Trend ◽  
A Priori ◽  
The Self ◽  
The Political ◽  
The Rule Of Law ◽  
Legal Traditions ◽  
Political Motivation ◽  
The Creation ◽  
The Law

It may appear unduly pretentious to speak of the Spirit of the Law of a State which just completed but 25 years of independent legislative and judicial life. States with legislative and judicial records of hundreds of years may find it difficult, and perhaps also rather unprofitable, to delve into speculations of the Spirit behind their laws. In most cases, the general trend and the political motivation of the creation and the administration of law are anyhow known beforehand and well defined a priori—be it the realization of democracy by the rule of law, be it the implementation of socialism or communism, or the self-assertion of a fascist or communist dictatorship. Add to such trends and motivations the national legal traditions which a State inherited and consciously or unconsciously continues to maintain—and you will obtain, for what it may be worth or useful, a fair overall picture of the “Spirit”.of its laws.

Artificial intelligence, legal system and state functions

2020 ◽  
Author(s):  
Aleksandr Bratko
Keyword(s):  
Artificial Intelligence ◽  
Rule Of Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Methodological Problems ◽  
Theory Of Law ◽  
State Functions

The monograph deals with methodological problems of embedding artificial intelligence in the legal system taking into account the laws of society. Describes the properties of the rule of law as a Microsystem in subsystems of law and methods of its fixation in the system of law and logic of legal norms. Is proposed and substantiated the idea of creating specifically for artificial intelligence, separate and distinct, unambiguous normative system, parallel to the principal branches of law is built on the logic of the four-membered structure of legal norms. Briefly discusses some of the theory of law as an instrument of methodology of modelling of the legal system and its semantic codes in order to function properly an artificial intelligence. The ways of application of artificial intelligence in the functioning of the state. For students and teachers and all those interested in issues of artificial intelligence from the point of view of law.

scholarly journals Administracinė teisė: interesų veiksnys įstatymų leidyboje

Teisė ◽  
2010 ◽  
Vol 74 ◽  
pp. 33-45
Author(s):  
Arvydas Andruškevičius
Keyword(s):  
Rule Of Law ◽  
Administrative Law ◽  
Point Of View ◽  
Public Interests ◽  
The Rule Of Law ◽  
Positive Law ◽  
Administrative Legislation ◽  
The Social ◽  
Social Interests ◽  
The Creation

Straipsnyje nagrinėjama socialinių interesų įtaka administracinės srities įstatymų leidybai. Administra­cinės teisėdaros kertinis principas yra optimalus asmens ir visuomenės interesų derinimas: tai prielaida kurti socialiniu požiūriu teisingesnę pozityvinę teisę, atitinkančią Konstitucijos preambulėje skelbiamą teisinės valstybės siekį. Teigiama, kad interesų pusiausvyros įtvirtinimas įstatymuose gali keistis priklau­somai nuo valstybės ekonominės raidos ypatumų. Nurodomos ir kai kurios subjektyvios priežastys, kodėl interesų derinimas administracinėje teisėje tam tikrais atvejais būna problemiškas. In this article the influence of social interests upon administrative legislation is investigated. The author states that the essential imperative in the creation of administrative law is an optimal coordi­nation of private needs and public interests. This is a precondition to create a fairer – from the social point of view – positive law, corresponding to the striving for a state under the rule of law declared in the Preamble to the Constitution. The article also pointes out some subjective reasons why the coordination of interests in administrative law is sometimes problematic.

Law in Asia: The Key Role of Law as a Productive Force for Development

2009 ◽  
Vol 2 (1) ◽  
Author(s):  
Klaus A. Ziegert
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Political System ◽  
The Political ◽  
Sociology Of Law ◽  
Legal Change ◽  
The Rule Of Law ◽  
Comparative Sociology ◽  
Local Populations ◽  
Structural Adaptability

The paper focuses on the potential of comparative sociology of law as an instrument for analysing the effective operation of law in society. This approach links normative and empirical approaches to legal research. Applying advanced sociological theory of law, the paper analyses how social and legal change affect development generally, and focuses the analysis on a comparative sample of countries along a geographical route linking Asia with Europe and vice versa, vaguely reminiscent of the historical Silk Roads on land and by sea.Sociological theory suggests analysing social and legal change from the perspective of the dynamics of the functional systems of world society rather than from a normative legal perspective which has individual territorial states and their national state law as a point of reference. The functional systems of world society, such as families (the family system), economics (the economic system), politics (the political system), civil society and law (the legal system) can be seen as both exerting stress on each other and adjusting to this stress by a structural change in local populations with sufficient structural adaptability towards a higher differentiation of all social structures.The rule of law emerges as a special pattern of this structural differentiation which compounds the structural adaptability of above all in the legal system and the political system world-wide. In turn, the rule of law is a condition for increasing the adaptive flexibility of social structures in local populations. The rule of law is, therefore, a crucial element in the on-going development of society. This pattern is not historically given once and for all. nor is it linked to particular forms of government and political systems. Understood in this way, the rule of law is not a normative political or constitutional wish-list but a social phenomenon which can provide comparative sociology of law with a useful set of indicators for describing the development of society and its law.

scholarly journals Między polityką a prawem. Problem „upolitycznienia” tworzenia prawa

2017 ◽  
Vol 110 ◽  
pp. 115-132
Author(s):  
Tadeusz Biernat
Keyword(s):  
Human Rights ◽  
Rule Of Law ◽  
Political Power ◽  
The Political ◽  
The Rule Of Law ◽  
The Creation ◽  
The Law ◽  
Politics And Law ◽  
Law Making

BETWEEN POLITICS AND LAW. THE PROBLEM OF “POLITICIZATION” THE CREATION OF LAWThe purpose of this article is to analyze the phenomenon of “politicization” of the law making process. Astrong form of politicization is the political instrumentalization of law when the law is treated as the implementation of particular interests of the political power; when is created in violation of the legality of the law-making activities; when it violates the rights of individuals human rights. The weaker but more common form of politicization the creation of law is related to the violation by apolitical authority, legislative body, additional restrictions imposed on it, which are supposed to guarantee ahigh level quality of the law. Three of the most characteristic limitations will be the basis for analyzing the phenomenon of politicization of law making. They are related to: the legitimization of law-making, the democratization of law-making process, and the standards of legislation that are characteristic of lawmaking in ademocratic state under the rule of law. To some extent, these phenomena are interconnected, one can say that they are involved in shaping the pat­tern of the proper legislation by preventing or reducing the politicization of the lawmaking process and its key decisions.

scholarly journals Efficiency of Rules of Law in Regulation of Property Relations in International Commercial Turnover

2021 ◽  
pp. 27-34
Author(s):  
Volodymyr NAHNYBIDA
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Point Of View ◽  
The Rule Of Law ◽  
Legal Norms ◽  
Mandatory Rule ◽  
Law Making ◽  
Commercial Agreements

The article examines the essence and criteria for the effectiveness of the mechanism of legal regulation, the effectiveness of rules of law in international commercial agreements, given the distinction between the concept of «rule of law» as a mandatory rule of conduct adopted and protected by the state, and as a category covering not only certain national legal system, but also various legal regulators of non-national and non-state, international origin. It is established that ensuring the effectiveness of the rule of law is based on the need to achieve social, political, economic and other goals of its adoption, and is guaranteed by the construction of substantively and formally consistent, holistic within the relevant institution or branch of law and logically constructed legal prescription. It is proved that the complexity and variety of sources of legal regulation of international commercial agreements, the choice of the applicable law to which is based in general, indicates the inexpediency of limiting of the understanding of the construct of «rule of law» as exclusively sanctioned and enshrined by the state. In this regard, the thesis is put forward that in law-making activity it is necessary to construct provisions of new legislation on normative-legal acts and rule-making activity with awareness of needs and realities of international business, both Ukrainian and domestically located. Two ways to achieve this goal have been proposed: either by adjusting the proposed definitions of the rule of law or by establishing the scope of meaningful dissemination of the provisions of the future law on law-making activities exclusively within national borders and in relation to the Ukrainian legal system. Also, from the point of view of the effectiveness of legal regulation of international commercial agreements, it is justified that in this regard a broader and more modern understanding of legal norms, giving the parties a guaranteed opportunity to refer to general principles of law, trade customs, lex mercatoria, unified international instruments (for example, the UNIDROIT Principles, INCOTERMS), etc. should be implemented.

scholarly journals Legal Information on the Web: the Case of Italy

2006 ◽  
Vol 34 (2) ◽  
pp. 327-357
Author(s):  
Ginevra Peruginelli
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Economic Conditions ◽  
Democratic Institutions ◽  
Legal Information ◽  
The Rule Of Law ◽  
The Creation ◽  
The Web ◽  
Ordinary Citizens

Accessing legal information is a primary requirement for a variety of communities: ordinary citizens, scholars, and professionals. The dissemination of legal information contributes to the rule of law and to the overall ideals of democracy in a number of ways. Many are the benefits of accessing legal information, such as the awareness of the applicable rule of law, the creation of conditions necessary to the equality and fairness of a legal system, while improving the functioning of democratic institutions, the development and improvement of social and economic conditions.

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