scholarly journals At the nexus of state and society: Continuities and discontinuities between the legal system and popular justice

2021 ◽  
pp. 171-199
Author(s):  
Sana Ashraf
Keyword(s):  
Legal System ◽  
Popular Justice ◽  
State And Society

Merovingian Legal Cultures

2020 ◽  
pp. 488-507
Author(s):  
Alice Rio
Keyword(s):  
Legal System ◽  
Social Action ◽  
Source Material ◽  
Reference Points ◽  
Legal Documents ◽  
Course Of Action ◽  
State And Society ◽  
Contradictory Evidence ◽  
The Cost ◽  
Different Sources

Different sources give us profoundly contradictory impressions about the nature of Merovingian legal processes, state, and society on such fundamental matters as whether feuds existed, whether legal documents mattered, and whether peacekeeping was chiefly community-driven or state-driven. This means that we should probably stop looking for one dominant legal system, which can only be done at the cost of dismissing much contradictory evidence. Instead, contemporaries, under certain circumstances, could avail themselves of a multitude of different legal reference points in order to justify their intended or past course of action. Law in the Merovingian period did not restrict or narrow people’s choices; instead, it expanded their scope for legitimate social action, offering them different possible approaches and solutions. Within this framework, what looks like profound and irreducible contradictions in the source material should be seen instead as a cultural repertoire that was all the stronger for being richer, even at the cost of consistency.

Administrative Law and the Chinese Legal System: Some Issues on Judicial Review of Administration Activity

2021 ◽  
pp. 326-338
Author(s):  
Danilo Pappano
Keyword(s):  
Legal System ◽  
Judicial Review ◽  
Legal Protection ◽  
Economic Structure ◽  
Administrative Law ◽  
Current Phase ◽  
Gradual Change ◽  
State And Society ◽  
The Relationship ◽  
Theoretical Issues

This chapter explains how, in the current phase of development in the Chinese legal system, administrative law has emerged. China is undergoing a process of subjecting power to the rules which, for administrative law, concern the relationship between state and citizen, and more generally that between state and society. The current evolution is particularly rapid and favoured by changes to the economic structure in recent years, and this explains the fact that administrative law in China is on the eve of great expansion. The chapter examines some theoretical issues relating to judicial review of the exercise of administrative activity, an area which has seen the manifestation of the process of legalization of administrative power, as has happened in Western legal systems. Over the last few years, the development and interpretation of the instruments available has progressed while the availability of instruments has tended to broaden, even if currently legal protection is still in its early stages. However, all this will naturally require a long period of settling, as in Western countries; hence the evident need for gradual change as the fruit of a realistic approach.

The Autocrat’s Moral-Legal Dilemma: Popular Morality and Legal Institutions in China

2020 ◽  
pp. 001041402095769
Author(s):  
Iza Ding ◽  
Jeffrey Javed
Keyword(s):  
Legal System ◽  
Online Survey ◽  
Authoritarian Regimes ◽  
Moral Foundations ◽  
Authoritarian Rule ◽  
Legal Decisions ◽  
Legal Development ◽  
Popular Justice ◽  
Survey Experiments ◽  
Party State

Authoritarian regimes sometimes professionalize their legal systems to govern more effectively. Yet when quasi-autonomous courts rule in contradiction to popular conceptions of right and wrong—popular morality—it might threaten citizens’ trust in the regime. We use the case of contemporary China to investigate this “moral-legal dilemma”—the competing needs of legal development and the satisfaction of popular justice concerns. Four case studies demonstrate that when court rulings conflict with popular morality, the party-state selectively alters decisions, so long as intervention does not significantly jeopardize the integrity of the legal system. Two online survey experiments then assess citizens’ reactions to moral-legal conflict in court rulings. We find that people are more likely to experience “moral dissonance” when legal decisions conflict with popular morality. We do not find that moral-legal conflict in court rulings significantly undermines individuals’ trust in the regime. Our analysis underscores the need for more attention to the moral foundations of authoritarian rule.

The Reception Process in Poland and Slovakia

2008 ◽  
Author(s):  
Magda Krzyżanowska-Mierzewska
Keyword(s):  
Civil Society ◽  
International Law ◽  
Legal System ◽  
Case Law ◽  
Similar Role ◽  
Popular Justice ◽  
Domestic Courts ◽  
National Legal System ◽  
The Status ◽  
Legal Advocacy

This chapter discusses the reception of the ECHR in Poland and Slovakia. Topics covered include the accession and ratification of the ECHR in both countries, the status of ECHR in national law, the implementation of international law by domestic courts, an overview of case law, and the European Court's case law and its effects on the national legal system. It is shown that despite the similar historical situation of both countries, the patterns of reception of the ECHR differ considerably. In Poland, the ECHR became immensely popular and gained the status of an instrument of popular justice, resorted to by individuals in a spontaneous and unorganized manner. In Slovakia, it plays a similar role in so far as it is used extremely rarely by organized civil society institutions as a legal advocacy instrument.

scholarly journals Which and Whose Shari’a?: Historical and Political Perspectives on Legal Articulation of Islam in Indonesia

2014 ◽  
Vol 2 (1) ◽  
pp. 31-44
Author(s):  
Arskal Salim
Keyword(s):  
Legal System ◽  
Religious Freedom ◽  
Legal Aspects ◽  
The State ◽  
Constitutional Rights ◽  
State And Society ◽  
Religious Law ◽  
Formal Application ◽  
Secular State

Attempts at the implementation of shari’a in Indonesia have always been marked by a tension between political aspirations of the proponents and the opponents of shari’a and by resistance from the secular state. The tension had led to the profound and ongoing legal political dissonance in the formal application of shari’a rules in the country. A continuum between conflicts in meanings and direct contradictions in terms has resulted in a debate of which and whose shari’a to be implemented. This paper looks at the roots as well as the sources of those dissonances. It observes a number of conditions that make the articulation of religious law dissonant. It argues that more direct dissonance is discernible between the aspiration for the formal implementation of shari’a and constitutional rights of religious freedom. Arguing that despite shari’a has been able to seep into scattered legal aspects within Indonesian state and society and that the state has allowed shari’a to be incorporated in many ways into its legal system, nationally and regionally, it concludes that the state continues to control and restrict this dispersion and that shari’a remains tightly confined in Indonesia  

scholarly journals Basic values of the Russian civilization as the basis of the Russian Constitution

2015 ◽  
Vol 2 (4) ◽  
pp. 43-50
Author(s):  
N I Grachev
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Constitutional Development ◽  
Russian State ◽  
State And Society ◽  
Russian Constitution ◽  
Constitutional Evolution ◽  
The Russian Federation ◽  
Sociocultural Values

This article deals with a conflict between Occidental civilizational values and the Russian ones which serve as political and legal fundamentals of the active Russian Constitution. An attempt is made to subtotal Russia’s constitutional evolution over the years which have passed since the Constitution of the Russian Federation was adopted in 1993. The condition of the country’s political and legal system is analyzed in a critical manner. Main courses of constitutional development of the Russian State and society are defined on the basis of sociocultural values which are traditional for Russia and its citizens.

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