scholarly journals New Book on the Law System of the Golden Horde: Pochekaev R.Yu. Legal Culture of the Golden Horde (Historical and Legal Essays) (Moscow: Yurlitinform, 2015. 312 p.)

2016 ◽  
Vol 4 (4) ◽  
pp. 911-914
Author(s):  
D.V. Nefedov ◽  
Keyword(s):  
Legal Culture ◽  
Law System ◽  
The Law

scholarly journals The Dispute Settlement Model of Regional Head Election Perspective Theory of Legal System in Indonesia

2017 ◽  
Vol 5 (1) ◽  
pp. 97-106 ◽  
Author(s):  
Dedi Mulyadi ◽  
Tanti Kirana Utami
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Dispute Settlement ◽  
Descriptive Analysis ◽  
Legal Culture ◽  
Law System ◽  
Perspective Theory ◽  
The Law ◽  
The Moment ◽  
Electoral Law

The effectiveness of law enforcement depends on three law aspects; those are the structure of law, the substance of the law, and legal culture. Law structure is about the law enforcers, law substance is about the legislative means, and law culture is about a living law adopted by society. This study defines the background of simultaneous regional head elections in Indonesia, the problems of the simultaneous regional head elections in Indonesia, and the implementation of legal system theory to solve the simultaneous regional head election problems in Indonesia. The research method used is normative juridical with the specification of descriptive analysis research. The result of the research is needed permanent law structures that cover (Election Police, Election Prosecutor, Election lawyer, and Election Jury), the law substance through the issuing of general regulations (lex general) which can integrate the Laws of Legislative, Presidential, and Regional Head Elections (lex specialist) and the legal culture of society as human behavior (including the legal culture of law enforcement officers) on the electoral law and law system that are in force at the moment.

scholarly journals Language- And Legal Culture Peculiarities in Selected Swiss Constitutional Acts Including a Translational Perspective

2021 ◽  
Vol 46 (1) ◽  
pp. 91-109
Author(s):  
Łukasz Iluk
Keyword(s):  
Comparative Analysis ◽  
Cultural Differences ◽  
Legal Culture ◽  
Good Knowledge ◽  
Cultural Dimension ◽  
Law System ◽  
Political Motivation ◽  
The Subject ◽  
The Law ◽  
Law Texts

Abstract The subject of the analysis is linguaculture expressing linguistic and cultural differences occurring in every language of law. They relate to vocabulary and editing principles of law acts. It seems that preserving such differences in the target translation makes it possible to reveal specific legislation trends of a given country, which express political motivation. Their preservation in the translated text requires good knowledge of law and in-depth comparative analysis. The focus of the analysis in this text is on the expression of gender in the law texts and specifically, on the translation of feminatives and legal names relevant for cultural dimension of a given law system.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

LEGAL SKETCH «THE SIGNIFICANCE OF THE LEGAL EXCUSES AND PROVERBS OF ANCIENT ROME AS A MEANS OF LEGAL PROPAGANDA ABOUT LEGAL KNOWLEDGE AND CULTURE»

2020 ◽  
Author(s):  
Alexander Kukharev ◽  
Alexander Rusu
Keyword(s):  
Digital Age ◽  
Legal Culture ◽  
Roman Law ◽  
Ancient Rome ◽  
Legal Knowledge ◽  
The Law ◽  
Law Making

This article discusses adaptation of the norms and ideals of Roman law to modern legal culture, the basis of Roman legal relations, which is the basis of modern law-making. It is important to learn how the culture of the law of ancient Rome influenced the formation of modern law of the digital age. The purpose of writing the paper was to highlight the influence of the legal culture of ancient Rome on modern reality.

Peranan Hukum Dalam Pembangunan Ekonomi Negara Menurut Pandangan Ibnu Khaldun

Al-Risalah ◽  
2018 ◽  
Vol 11 (02) ◽  
pp. 75
Author(s):  
M Lohot Hasibuan
Keyword(s):  
Economic System ◽  
National Economy ◽  
External Factors ◽  
Economic Productivity ◽  
Law System ◽  
The Law ◽  
Almost All

 The law is no longer a record of behaviors which shape  the live of society; instead the law is expected to reveal the new  powers which expect the prosperity of the society. As the result,  almost all aspects of life are tied by law. The law should also realize  that there are external factors which effect the law and in the  application in reality. In that way, when designing the law policy,  the designer needs to consider some aspects such as psychology,  sociology,  and  geography.  Concerning  on  the  development  of  national economy, Ibnu Khaldun stated that law system should be  based on religion rule for the reason that the law will organize the  economic  system  well  to  be  balance  and  develop  the  economic  productivity 

Mediation Effectiveness in Sharia Economic Dispute Settlement: Phenomenology in Bukittinggi Religious Court

2021 ◽  
Vol 6 (1) ◽  
pp. 78
Author(s):  
Riska Fauziah Hayati ◽  
Busyro Busyro ◽  
Bustamar Bustamar
Keyword(s):  
Dispute Resolution ◽  
Dispute Settlement ◽  
Legal Culture ◽  
Analysis Framework ◽  
Legal Structure ◽  
Inhibiting Factors ◽  
The Law ◽  
Mediation Effectiveness

<p dir="ltr"><span>The main problem in this paper is how the effectiveness of mediation in sharia economic dispute resolution based on PERMA No. 1 of 2016 at the Bukittinggi Religious Court, and what are the inhibiting factors success of mediation. To answer this question, the author uses an inductive and deductive analysis framework regarding the law effectiveness theory of Lawrence M. Friedman. This paper finds that mediation in sharia economic dispute resolution at the Bukittinggi Religious Court from 2016 to 2019 has not been effective. The ineffectiveness is caused by several factors that influence it: First, in terms of legal substance, PERMA No.1 of 2016 concerning Mediation Procedures in Courts still lacks in addressing the problems of the growing community. Second, in terms of legal structure, there are no judges who have mediator certificates. Third, the legal facilities and infrastructure at the Bukittinggi Religious Court have supported mediation. Fourth, in terms of legal culture, there are still many people who are not aware of the law and do not understand mediation well, so they consider mediation to be unimportant.</span> </p><p><em>Tulisan ini mengkaji tentang bagaimana efektivitas mediasi dalam penyelesaian sengketa ekonomi syariah berdasarkan PERMA Nomor 1 Tahun 2016 di Pengadilan Agama Bukittinggi dan apa saja yang menjadi faktor penghambat keberhasilan mediasi. Untuk menjawab pertanyaan tersebut, penulis menggunakan kerangka analisa induktif dan deduktif dengan mengacu pada teori efektivitas hukum Lawrence M. Friedman. </em><em>Tulisan ini menemukan bahwa m</em><em>ediasi dalam p</em><em>enyelesaian sengketa ekonomi syariah di Pengadilan Agama Bukittinggi </em><em>dari tahun 2016 sampai 2019 </em><em>belum efektif</em><em>. Hal ini karena dipengaruhi oleh beberapa faktor. </em><em> </em><em>Pertama, dari segi substansi hukum, yaitu PERMA No. 1 Tahun 2016 tentang Prosedur Mediasi di Pengadilan masih memiliki kekurangan dalam menjawab persoalan masyarakat yang terus berkembang. Kedua, dari segi struktur hukum, belum adanya hakim yang memiliki sertifikat mediator. Ketiga, sarana dan prasarana hukum di Pengadilan Agama Bukittinggi sudah mendukung mediasi. Keempat, dari segi budaya hukum, masih banyaknya masyarakat yang tidak sadar hukum dan tidak mengerti persoalan mediasi dengan baik, sehingga menganggap mediasi tidak penting.</em><em></em></p>

scholarly journals Crueldade consentida – Crítica à razão antropocêntrica

2014 ◽  
Vol 1 (1) ◽  
Author(s):  
Laerte Fernando LEVAI
Keyword(s):  
Teaching Methods ◽  
Human Life ◽  
Human Being ◽  
Environmental Resources ◽  
Animal Life ◽  
Law System ◽  
Scientific Experiments ◽  
The Law ◽  
Animal Violence ◽  
Living Being

Despite the fact that the Brazilian Constitution is against animal violence, protecting<br />the fauna integrity, actually it does not work. However, our law system allows cruel acts and<br />accepts the violence done by those who consider themselves rational and superior. Just watch<br />the evil reality at the streets, public shows (circus) and farms, where the animals suffer and<br />are exploited to their limits. Also watch the pain of the animals that are part of an industrial<br />production, the horror at the slaughter houses and the scientific experiments laboratories. It<br />means that we have a contradiction.<br />Blind and cold, we live in a world that lacks justice. The cycle of the human life is limited<br />to personal ambitions, selfish actions and superfluous pleasures. There’s no space to<br />compassion. Under this anthropocentric view, the nature of the animals is no more important<br />and becomes economic or environmental resources. Our system, by rejecting the essence of<br />each living being, defends the fauna only for the purpose the human interests. The animals<br />are treated like merchandise, resources or consumption goods and the law denies them the<br />right to be sensitive. It must be changed, there can be no more silent before so much oppression.<br />For many centuries the human being has been dominating, torturing, killing and exterminating<br />other species, because of economic, commercial, cultural and gastronomic interests or just<br />sadism. The history shows that our relationship with the animals is marked by fanatism,<br />supersticions, ignorance and indifference. It’s a Ministério Público function, as a social<br />transforming agent, to fight against this situation. We must admit the animals presence in<br />the sphere of the human moralities, allowing them to have rights. The question is not only of<br />the law, but philosophic. It’s primordial that we review our teaching methods, searching for<br />a formula to respect the essence of animal life no matter what it is. Without a doubt, this<br />way is far from the anthropocentrism.

Die Entwicklung des Strafrechts der Ukraine

2020 ◽  
Vol 66 (3) ◽  
pp. 380-396
Author(s):  
Rainer Birke
Keyword(s):  
Law Enforcement ◽  
Rule Of Law ◽  
Criminal Law ◽  
Penal Code ◽  
Science And Society ◽  
The Rule Of Law ◽  
Law System ◽  
The Law ◽  
Simplified Procedure ◽  
Procedural Rights

In 2001, a new penal code was adopted in Ukraine after a comprehensive discussion in politics, legal science and society, replacing a codification of the Soviet era dating back to 1960, obviously unsuitable for the new realities. The new penal code of 2001 has been changed many times since then. This also applies to the criminal law provisions against corruption, evaluated and commended by GRECO. However, there is criticism of the criminal law system in Ukraine. A large number of the issues have little or nothing to do with the text of the penal code itself, but with deficits in the application of the law and the resulting loss of confidence in the activities of the law enforcement authorities. The judiciary is said to have a significant corruption problem and is significantly overloaded. The latter is to be counteracted by the introduction of the class of misdemeanor (“kryminalnyj prostupok”) in 2019 that can be investigated in a simplified procedure, which has been criticized, inter alia, because it bears the risk of the loss of quality and possibly infringes procedural rights. Also in 2019, the work on a once again completely new codification of the penal code was commenced, which is not entirely surprising in view to the existing criticism of manual errors or inadequacies of the recent code. It is to be hoped that Ukraine, with the existing will and the necessary strength, will succeed in the creation of a criminal law system that is fully in compliance with the rule of law and that a penal code will be drafted that finally finds full recognition in the society.

Category of evidence in the law system of modern Russia: epistemological and axiological aspects

2020 ◽  
pp. 71-80
Author(s):  
I. I. Dokuchaev
Keyword(s):  
Law System ◽  
Legal Norms ◽  
The Law ◽  
Evidence And Proof ◽  
Procedural Aspect ◽  
Modern Russian

The work is devoted to revealing the axiological and gnoseological aspects of the contents of the legal norms of the modern Russian procedural codes (criminal, civil and arbitral, as well as administrative offenses) containing the concept of evidence and proof. It is shown that objective (facts), subjective (sources) and procedural aspects of evidentiary legal norms have epistemological and axiological content. The latter is concentrated in the subjective and procedural aspect of the proof.

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