scholarly journals The concept of "legal consciousness" in modern philosophical and legal discourse

2021 ◽  
Vol 7 (3D) ◽  
pp. 308-315
Author(s):  
Andrey Valerievich Skorobogatov ◽  
Yulia Vladimirovna Samovich ◽  
Alexander Valerievich Krasnov ◽  
Ramil Anvarovich Sharifullin ◽  
Lenar Askhatovich Gumerov
Keyword(s):  
Law Enforcement ◽  
Cultural Context ◽  
The Other ◽  
Legal Consciousness ◽  
Legal Research ◽  
General Direction ◽  
Legal Obligations ◽  
The One ◽  
Legal Concepts ◽  
Subjective Rights

In the process of communication, the subjective image of reality becomes intersubjective and acquires convectional features. Under these conditions, basic legal concepts become crucial, on the one hand, allowing a person to make the reflection of legal reality more reasonable, on the other hand, contributing to the study of these processes not only in an abstract but also in a wide socio-cultural context. In this regard, the most significant concept is "legal consciousness" which determines the general direction of legal research and forms the methodological basis for the study of legal concepts and phenomena. The understanding, interpretation and assessment of other legal phenomena (lawmaking, law enforcement, legal relations, subjective rights and legal obligations, legality and order, principles of law, etc.) depend on how the essence of law is understood, what is included in this concept, what features it is endowed with.

scholarly journals Coordinating nominal compounds: Universal vs. areal tendencies

Linguistics ◽  
2018 ◽  
Vol 56 (6) ◽  
pp. 1197-1243 ◽  
Author(s):  
Giorgio Francesco Arcodia
Keyword(s):  
Cultural Context ◽  
The Other ◽  
Irian Jaya ◽  
Oxford University ◽  
European Languages ◽  
Word Forms ◽  
Nominal Compounds ◽  
Noun Compounds ◽  
The One ◽  
Referential Function

AbstractCoordinating compounds, i.e. complex word forms in which the constituent lexemes are in a coordination relation, may be divided into two classes: hyperonymic, in which the referent of the whole compound is the “sum” of the meanings of the constituent lexemes (Korowaiyumdefól‘(her) husband-wife, couple’; van Enk, Gerrit J., & Lourens de Vries. 1997.The Korowai of Irian Jaya: Their language in its cultural context. Oxford: Oxford University Press: 66), and hyponymic, where the compound designates a single referent having features of all the constituents (Englishactor-director). It has been proposed that languages choose either type as the one with the “tightest” marking pattern; whereas the crosslinguistic tendency is to have tighter hyperonymic compounds, most languages of Europe rather have tighter hyponymic compounds (Arcodia, Giorgio Francesco, Nicola Grandi, & Bernhard Wälchli 2010. Coordination in compounding. In Sergio Scalise & Irene Vogel (eds.),Cross-disciplinary issues in compounding, 177–198. Amsterdam & Philadelphia: John Benjamins). In this paper, we will test this assumption on noun-noun compounds in a sample of 20 Standard Average European languages and in a balanced sample of 60 non-SAE languages, arguing that the preference for hyperonymic compounds is best explained by the default referential function of nouns; in hyponymic compounds, on the other hand, nouns are used to indicate properties. We will then compare nominal and adjectival coordinating compounds, showing that for the latter the hyponymic compounding pattern is the dominant one, as adjectives are prototypical property-denoting words.

scholarly journals Certainty and Uncertainty in Tax Law: Do Opposites Attract?

Laws ◽  
2020 ◽  
Vol 9 (4) ◽  
pp. 30
Author(s):  
Alexander V. Demin
Keyword(s):  
Law Enforcement ◽  
Everyday Life ◽  
International Organizations ◽  
Good Faith ◽  
The Other ◽  
Tax Law ◽  
General Requirement ◽  
Law Enforcement Agencies ◽  
The One ◽  
Effective Channel

The principle of certainty of taxation is the dimension of a general requirement of certainty in the legal system. The purpose of this article is to argue the thesis that uncertainty in tax law is not always an absolute evil, sometimes it acts as a means of the most optimal (and in some cases the only possible) settlement of relations in the field of taxes. On the contrary, uncertainty and fragmentation in tax law are colossal problems subject to overcome by the efforts of scientists, legislators, judges, and practicing lawyers. Uncertainty in tax law is manifested in two ways: on the one hand, negatively—as a defect (omission) of the legislator and, on the other hand, positively—as a set of specific legal means and technologies that are purposefully used in lawmaking and law enforcement. In this context, relatively determined legal tools are an effective channel for transition from uncertainty to certainty in the field of taxation. A tendency towards increased use of relatively determined legal tools in lawmaking processes (for example, principles, evaluative concepts, judicial doctrines, standards of good faith and reasonableness, discretion, open-ended lists, recommendations, framework laws, silence of the law, presumptive taxation, analogy, etc.), and involving various actors (courts, law enforcement agencies and officials, international organizations, citizens, organizations and their associations) allow making tax laws more dynamic flexible, and adequate to changing realities of everyday life.

scholarly journals Predictive policing: Utopia or dystopia? On attitudes towards the use of big data algorithms for law enforcement

2020 ◽  
Author(s):  
Fernando Miró Llinares
Keyword(s):  
Law Enforcement ◽  
Main Part ◽  
Scientific Evidence ◽  
The Other ◽  
State Control ◽  
Legal Decisions ◽  
Technological Revolution ◽  
Predictive Policing ◽  
Predictive Algorithms ◽  
The One

The use of predictive AI tools to improve decision-making in relation to crime prevention and investigation is a reality. They are being implemented almost before we fully understand how they work, while we make relevant legal decisions that may determine the progress of the technology, and long before we can predict their full impact. This paper addresses the attitudes towards this technological revolution applied to criminal justice, focusing in particular on its use by police. The first section summarises and describes the techniques and technologies that make up predictive policing. Subsequently, the main part of the study analyses the attitudes with which this technology has been received. These range from the optimism of those who defend its immediate implementation as a way to improve police objectivity and efficiency, to the pessimism of those who see its use as strengthening a dystopia of state control and surveillance. Two apparent extremes that correspond to the transition from optimism to technological pessimism of the twentieth century. The article concludes with a defence of a realistic, critical and informed view of the use of these predictive algorithms. A vision that, on the one hand, accepts that there are no neutral technologies, yet does not fall into fatalism and technophobia; and, on the other hand, places the human being and the legitimate police function at the centre of the algorithmic equation while redefining its objectives based on the scientific evidence applied to each individual technology.

International Law Obligations Arising in relation to Nationally Determined Contributions

2018 ◽  
Vol 7 (2) ◽  
pp. 251-275 ◽  
Author(s):  
Benoit Mayer
Keyword(s):  
Climate Change ◽  
International Law ◽  
Paris Agreement ◽  
The Other ◽  
Other Hand ◽  
Legal Obligations ◽  
Nationally Determined Contributions ◽  
The One

AbstractThis article analyzes the international law obligations that arise in relation to nationally determined contributions (NDCs). It argues that distinct and concurrent obligations arise from two separate sources. On the one hand, treaty obligations arise under the Paris Agreement, which imposes an obligation of conduct on parties: they must take adequate measures towards the realization of the mitigation targets contained in their NDCs. On the other hand, communications such as NDCs may constitute unilateral declarations that also create legal obligations. These unilateral declarations impose obligations of various types, which may extend beyond mitigation. For example, they may specify measures of implementation or demand the achievement of a particular result. The potential ‘double-bindingness’ of NDCs should be a central consideration in the interpretation of international law obligations regarding climate change.

Իրավունքի և օրենքի կոլիզիաները իրավունքի փիլիսոփայությունում

2021 ◽  
pp. 64-85
Author(s):  
Artur Ghambaryan
Keyword(s):  
Law Enforcement ◽  
Natural Law ◽  
Point Of View ◽  
The Other ◽  
Scientific Methods ◽  
Legislative Policy ◽  
The Law ◽  
Law And Justice ◽  
The One ◽  
Legal Understanding

The aim of the article is to reveal the collisional relationship between justice and the law in the philosophical dimension. The main objectives of the article are to analyze the contradictions between law from the point of view of broad legal understanding, as well as the answer to the question of how law enforcement agent should act if, in solving a specific case, an outrageous contradiction between law and justice is encountered. The author used a number of scientific methods, in particular, historical-legal-comparative methods. The author concludes that supporters of a broad legal understanding consider the issue of contradiction between law mainly from the point of view of legislative policy, however, they do not discuss the issue of how the law enforcement agent should act when an obvious contradiction between law is encountered in a particular case. In the article the sayings «dura lex sed lex» (The law [is] harsh, but [it is] the law) and «lex iniusta non est lex» (An unjust law is no law at all) are considered in the dimensions of the legalism and natural law. The author concludes that the Radbruch formula is an exception to the saying «dura lex sed lex» (The law [is] harsh, but [it is] the law), which has undergone practical approbation. On the one hand, this resolution values the certainty and stability of the law, and on the other hand, it protects the person (society) from the unjustly shouting unjust laws.

Of Apples and Mangoes

2018 ◽  
pp. 3-20
Author(s):  
Philipp Dann ◽  
Maxim Bönnemann ◽  
Tanja Herklotz
Keyword(s):  
European Union ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
The European Union ◽  
Legal Research ◽  
The One

Discussing several methods of comparative legal research and emphasizing upon the point that the two or more systems to be compared should not either be so similar that there is nothing for the one to learn from the other, nor should they be so dissimilar that there is no relationship whatsoever between them. Following this principle, this chapter finds that there is enough similarity as well as dissimilarity between the Indian legal system and the legal system of the European Union. Acknowledging that fact, the chapter then proceeds to compare some of the aspects of European and Indian legal systems from which both of them may benefit.

scholarly journals Defnition as a Tool of the Formation of Legal Concepts

2020 ◽  
Vol 15 (3) ◽  
pp. 92-105
Author(s):  
VITALY V. OGLEZNEV
Keyword(s):  
The Other ◽  
Normative Reasons ◽  
Writing Style ◽  
Philosophy Of Law ◽  
Legal Philosopher ◽  
Legal Norms ◽  
Other Hand ◽  
Interesting Approach ◽  
The One ◽  
Legal Concepts

In his paper "The Influence of Normative Reasons on the Formation of Legal Concepts", German legal philosopher Lorenz Kähler offers a very interesting approach to normativity for the Russian theory and philosophy of law. L. Kähler, considering various normative reasons that influence on the formation of legal concepts, puts forward original and sometimes unexpected conclusions. On the one hand, this can be attributed to the peculiarities of his writing style, but on the other hand, it sometimes seems that he deliberately provokes the reader to questions, involving him in a discussion. In L. Kähler’s approach, there are at least two arguments that require serious clarification and discussion. First, the fact that all the concepts used in legal norms are legal, and, secondly, that the legislator can use lexical, stipulative and real definitions to disclose a content of these concepts. The counterarguments and criticisms offered in this article are based on the statements that the definition is one of the ways of forming legal concepts, and that the question of what is meant by concepts is closely related to the question of which definitions the legislator can use. This led to the following conclusions. First, that in the formulation of legal norms, non-legal concepts, legal concepts and concepts of the law can be used, and this use does not entail that all these concepts become legal. Second, that three types of definitions (lexical, stipulative, and real) are clearly not enough to define these concepts. Moreover, not all of these definitions can be effective and productive, and only some of them are normative in nature. Therefore, it is necessary either to expand the list of definitions, or to significantly modify them in accordance with the specifics of the field of application.

scholarly journals Legal doctrine as a result of courts’ enforcement activity

2020 ◽  
pp. 54-62
Author(s):  
Parkchomenko Natalia
Keyword(s):  
Law Enforcement ◽  
The Other ◽  
Legal Doctrine ◽  
Standard Case ◽  
Judicial Practice ◽  
Legal Effect ◽  
Judicial Doctrine ◽  
The One ◽  
Definition Of ◽  
Enforcement Activity

The conceptual approaches to determine the essence and a concept of a legal doctrine as a source of law were found. The value of generally accepted principles of State’s and law development in the process of legislation activity and enforcement, including the interpretation rules of law, was highlighted. Although, the legal doctrine could change in nature, that determines its essence, content and mission. So the purpose of this research, accordingly, is to figure out the essence and concept of legal doctrine that is emerging in a result of the consolidation of courts’ enforcement and law interpretation practice. On the one hand, law enforcement and law interpretation by judicial authority must be based on the achievements in the legal science. On the other hand, it serves as a court-made doctrine. It creates the conceptual approaches to overcome gaps in a law and to improve a law enforcement. It influence on the development of legal system and system of law. It was concluded that judicial doctrine is formed by a formulation of typical approaches, established to solving specific cases. Introduction to the Ukrainian legislation such notions as “exemplary case” and “standard case”. This above mentioned is an important step to the increasing importance of judicial doctrine and recognition of its role as a source of law in Ukraine. Thus the perception of law, judicial practice, judicial legislation in society is changing. Also, in our review, the legal construction of the definition of The Supreme Court’s conclusions legal effect requires the enhancement. That is due to their binding nature, as enshrined in the Constitution of Ukraine. Only on that condition, the increasing of effectiveness of judicial enforcement and perception of judicial doctrine as a source of law may be expected.

scholarly journals The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)

2019 ◽  
Vol 3 (1) ◽  
pp. 25-34
Author(s):  
Laely Wulandari ◽  
Lalu Parman
Keyword(s):  
Law Enforcement ◽  
Comparative Study ◽  
Significant Role ◽  
Law Enforcement Officers ◽  
Legal Culture ◽  
The Other ◽  
The One ◽  
Strong Culture ◽  
Eradication Effort

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.  

scholarly journals Health Behaviour, Stress, and Police Trainees

2020 ◽  
Vol 148 (Special Issue 2.) ◽  
pp. 112-131
Author(s):  
Zsuzsanna Borbély
Keyword(s):  
Physical Activity ◽  
Law Enforcement ◽  
Alcohol Consumption ◽  
Occupational Stress ◽  
Police Officers ◽  
The Other ◽  
Stress Exposure ◽  
Health Related ◽  
The One ◽  
The Relationship

Occupational stress has adverse effects on the health of police officers which may have a negative impact on their work in the long run. The same may apply to police trainees who have been less studied in this respect so far. To investigate this issue, we performed a cross-sectional study in probationer police officers in their second school year in two grades at one of the Hungarian law enforcement schools. The study was performed in two waves in 2016 (N = 138) and 2018 (N = 94). We explored the connection between stress exposure as measured by the Occupational Stress Questionnaire for Law Enforcement Services, and health-related behaviours, particularly alcohol consumption, smoking, and physical activity as measured by a custom-made questionnaire. Variance analysis showed that police stress factors have a connection with health behaviours in the two grades: relations between smoking status, alcohol consumption, and binge drinking on the one hand and Individual, Personal factors on the other in 2016 and between the frequency of physical activity, alcohol consumption and binge drinking on the one hand and Workload factors on the other in 2018. The findings obtained in 2016 and 2018 are different in many respects. Overall, the relationship between stress exposure and health-related behaviours was more obvious in 2018 than in 2016. Our study revealed important connections between stress exposure and health-related behaviours in police trainees, but the differences observed in the two waves indicate the complexity of the relationship and require further – preferably longitudinal – studies on the issue.

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