The Legal Normative Character of Lĭ(禮) & Historical Development of Category of Law in East Asian Traditional Legal Culture

2021 ◽  
Vol 24 (4) ◽  
pp. 301-347
Author(s):  
Ji-Su Kim
Keyword(s):  
Historical Development ◽  
East Asian ◽  
Legal Culture

Relations between Law and Music in East Asian Traditional Legal Culture

2020 ◽  
Vol 24 (3) ◽  
pp. 1-50
Author(s):  
Ji-Su KIM
Keyword(s):  
East Asian ◽  
Legal Culture

The Approach to European Law in Domestic Legislation

2003 ◽  
Vol 4 (12) ◽  
pp. 1255-1275 ◽  
Author(s):  
Stefan Leible
Keyword(s):  
Historical Development ◽  
Common Law ◽  
Legal Culture ◽  
European Law ◽  
Legal Professionals ◽  
Domestic Legislation ◽  
The Status ◽  
The Common ◽  
Broad Interpretation ◽  
Teleological Interpretation

National legislators approach European law very differently. The reason for these differences lies partly in the historical development of their individual legal cultures. If one pursues a broad interpretation of the term ‘legal culture’ one takes especially into account the style of law and the attitude toward it. Thus legal culture can be defined as the Continental civil law countries’ ideal of a “concise, but comprehensive codification by which the judge can derive solutions for all possible cases through teleological interpretation;” whereas the common law rather limits this concept to “special laws which are interpreted very narrowly by the courts and accordingly are designed by the legislator to the last detail”. Furthermore, one could include the status of a judge, the nature of legal discourse, or the training of legal professionals, as well as the respect accorded to the law by the population when defining the concept of ‘legal culture'.

Rape as a Weapon of War in Myanmar/Burma

2019 ◽  
pp. 266-284
Author(s):  
Annalise Oatman ◽  
Kate Majewski
Keyword(s):  
Historical Development ◽  
Legal Culture ◽  
Minority Women ◽  
The Political ◽  
Ethnic Minority Women ◽  
The Social ◽  
Political Forces ◽  
The Status ◽  
History Of ◽  
The Way

This chapter examines the conflict in Myanmar and its historical development as an example of the way that rape is wielded as a weapon of war. It also provides a discussion of advocacy for the ethnic minority women of Myanmar at the grassroots, national, and international levels. It reviews statistics on conflict-related rape and theories regarding the social and political forces driving it. It examines the political history of Myanmar and the status of Myanmarese women. It also discusses the way that current conditions have set the stage for conflict-related rape in Myanmar and data on its prevalence. It discusses the extradition of the rapist of a 7-year-old girl, Myanmarese grassroots efforts to address this issue, and international proposals for reform. In addition, it discusses the way that the “legal culture” of a nation can get in the way of the enactment of international legislation.

Riding the Tiger: Legitimacy and Legal Culture in Post-Mao China

1994 ◽  
Vol 138 ◽  
pp. 325-358 ◽  
Author(s):  
Pitman B. Potter
Keyword(s):  
Economic Reform ◽  
Legal System ◽  
Historical Development ◽  
Legal Reform ◽  
Legal Culture ◽  
Specific Stage

Efforts at legal reform in China under the banner of the socialist legal system (shehui zhuyi fazhi) represent an attempt by the post-Mao regime to rest legitimacy in part on an ideology of formal law that complements the regime's efforts at economic reform. While the Party has not abandoned its reliance on the conceit that it represents the forces of historical revolution, the establishment of the socialist legal system is aimed to some extent at addressing a more immediate challenge of retaining legitimacy in the eyes of a populace for whom abstract notions of historical determinacy have little meaning. Proponents of reform have linked these abstract and practical aspects of legitimacy by asserting that legal reform is a requirement of the specific stage of historical development in which China now finds itself.

JUDICARY OF JUDGES OF PEACE IN PETTY CRIMINAL CASES – LEGISLATIVE PERSPECTIVE

2019 ◽  
Vol 1 (XIX) ◽  
pp. 143-158
Author(s):  
Pior Kruszyński ◽  
Jan Kil
Keyword(s):  
Legal System ◽  
Historical Development ◽  
Legal Culture ◽  
Legal Analysis ◽  
Anglo Saxon ◽  
Criminal Proceedings ◽  
Criminal Cases ◽  
Legislative Proposals

The article is devoted to the institution of the judges of peace. The study presents the essence of the judiciary of the judges of peace. The study presents regulations concerning the judges of peace appearing in Polish legislation over its historical development. A comparative legal analysis was also performed, with particular focus on Anglo-Saxon legal culture. The publication presents legislative proposals related to the postulated introduction of the institution of peace judges into the Polish legal system in terms of petty criminal cases, as well as the advantages of such a judiciary. The article formulates proposals regarding the scope of cognition of the judges of peace as well as the basic rules of the criminal proceedings conducted before them.

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