scholarly journals Functions of legal consciousness

2021 ◽  
Vol 7 (Extra-E) ◽  
pp. 414-418
Author(s):  
Sergey Valentinovich Arkhipov ◽  
Svetlana Aleksandrovna Gorkina ◽  
Stanislav Ivanovich Kirillov ◽  
Alexandra Andreevna Orlova ◽  
Irina Yurievna Rozhkova

The article discusses the features and various aspects of the philosophical, legal, socio-political, and moral content of the functions of legal consciousness. Based on a comprehensive analysis of these phenomena, the author substantiates the opinion that, in general, the essential functions of legal consciousness accumulate, generalize and concentrate the content and goals of the implementation of the law, as well as the forms and methods of this activity. Therewith, a function is not just a potential, abstract possibility, but also the very activity of the subject of the implementation of the right, subject to specific goals that are objectively conditioned and aimed at achieving a certain result.

Author(s):  
А.А. Орлова ◽  
Т.П. Бутенко

Аннотация. В статье анализируется правовое сознание как весьма сложный феномен, который имеет различные аспекты философского, юридического, социально-политического и морального содержания. Оно представляет собой сферу общественного сознания, духовной жизни общества и является элементом правовой жизни. В целом сущностные функции правосознания аккумулируют, обобщают и сосредотачивают в себе содержание и цели реализации права, а также формы и методы этой деятельности. При этом функция это не просто потенциальная, абстрактная возможность, но и сама деятельность субъекта реализации права, подчиненная конкретным целям, которые объективно обусловлены и направлены на достижение определенного результата. Annotation. The article analyzes legal consciousness as a very complex phenomenon that has various aspects of philosophical, legal, socio-political and moral content. It represents the sphere of social consciousness, the spiritual life of society and is an element of legal life. In general, the essential functions of legal consciousness accumulate, generalize and concentrate in themselves the content and goals of the implementation of law, as well as the forms and methods of this activity. At the same time, the function is not just a potential, abstract opportunity, but also the very activity of the subject of the implementation of the law, subordinate to specific goals, which are objectively conditioned and aimed at achieving a certain result.


2021 ◽  
Author(s):  
◽  
Emma Jane Smith

<p>It is widely accepted that the right to a fair trial is one of the most important guarantees contained within our legal system. That right is undermined when a jury member conducts his or her own research into a case. This type of juror misconduct constitutes contempt of court. In the light of the fact that the law of contempt is currently the subject of review in a number of jurisdictions, this paper considers how the law of contempt could be adapted to better manage the risk of jurors undertaking independent research. After a discussion of the current law and some problems with it, particularly those created by modern communications technology, this paper considers a number of possible reform options. It makes two broad recommendations. First, that the law should focus relatively more on preventing jurors undertaking their own research than on limiting publication. Second, that independent research by jurors should be the subject of statutory criminalisation, and a range of measures should be adopted to increase jurors’ understanding of the importance of not going outside the evidence before them and to minimize any incentives for jurors to conduct their own research.</p>


2005 ◽  
Vol 18 (2-3) ◽  
pp. 567-576
Author(s):  
Henri Brun

The Miller case, decided by the Supreme Court of Canada on October 5, 1976, puts the death penalty under the light of the Canadian Bill of Rights which formulates the right to life and the right to protection against cruel and unusual treatment or punishment. The following comment on the case relates to the interpretation given specific clauses of the Bill of Rights by the Court on that occasion. But it stresses especially the law that flows from the case about the compelling weight of the Bill of Rights over acts of Parliament enacted after the Bill came into force. In Miller, the Supreme Court expressed itself on the subject for the first time.


Author(s):  
Adrian Keane ◽  
Paul McKeown

The Modern Law of Evidence is a comprehensive analysis of the law of criminal and civil evidence and the theory behind the law. It identifies all the key issues, emphasizes recent developments and insights from the academic literature, and makes suggestions for further reading. The work begins with a definition of evidence and the law of evidence and an outline of its development to date. It then describes and analyses the key concepts, such as the facts open to proof, the forms that evidence can take, relevance, admissibility, weight and discretion, including the discretion to exclude evidence obtained by illegal or unfair means. It then proceeds to cover in a logical sequence all aspects of the subject: the burden and standard of proof, witnesses, examination-in-chief, cross-examination and re-examination, corroboration and care warnings, documentary and real evidence, identification evidence, hearsay, confessions, adverse inferences from an accused’s silence, evidence of good and bad character, opinion evidence, public policy, privilege, judgments as evidence of facts on which they were based, and the proof of facts without evidence.


2017 ◽  
Vol 8 (2) ◽  
pp. 177-194
Author(s):  
Novianto Murthi Hantoro

Prior to the decision of the Constitutional Court (MK), the implementation of the right to inquiry was regulated in two laws, namely Law No. 6 of 1954 on the Establishment of the Rights of Inquiry of the House of Representatives (DPR) and Law No. 27 of 2009 on MPR, DPR, DPD, and DPRD. Through proposal for judicial review, MK decided the Law on the Rights of Inquiry was null and void because it was not in accordance with the presidential system adopted in the 1945 Constitution. Today, the exercise of the right of inquiry is only based on Law on MPR, DPR, DPD, and DPRD. Nonetheless, the Amendment of Law No. 27 of 2009 into Law No. 17 of 2014 could not accommodate some substances of the null and void Law on the Rights of Inquiry. The urgency of the formulation of the law on the right to inquiry, other than to carry out the Constitutional Court’s decision; are to close the justice gap of the current regulation; to avoid multi-interpretation of the norm, for example on the subject and object of the right of inquiry; and to execute the mandate of Article 20A paragraph (4) of the 1945 Constitution. The regulation on the right to inquiry shall be formulated separately from the Law on MPR, DPR, DPD and DPRD, with at least several substances to be discussed, namely: definition, mechanisms, and procedure, as well as examination of witnesses, expert, and documents. AbstrakSebelum adanya putusan Mahkamah Konstitusi (MK), pelaksanaan hak angket diatur dalam dua undang-undang, yaitu Undang-Undang Nomor 6 Tahun 1954 tentang Penetapan Hak Angket DPR (UU Angket) dan Undang-Undang Nomor 27 Tahun 2009 tentang Majelis Permusyawaratan Rakyat, Dewan Perwakilan Rakyat, Dewan Perwakilan Daerah, dan Dewan Perwakilan Rakyat Daerah (UU MPR, DPR, DPD, dan DPRD). Melalui permohonan pengujian undang-undang, MK membatalkan keberlakuan UU Angket karena sudah tidak sesuai dengan sistem presidensial yang dianut dalam UUD 1945. Pelaksanaan hak angket saat ini hanya berdasarkan UU MPR, DPR, DPD, dan DPRD. Penggantian UU No. 27 Tahun 2009 menjadi UU No. 17 Tahun 2014 tentang MPR, DPR, DPD, dan DPRD ternyata tidak mengakomodasi beberapa substansi UU Angket yang telah dibatalkan. Berdasarkan hal tersebut, terdapat urgensi untuk membentuk Undang-Undang tentang Hak Angket DPR RI. Urgensi tersebut, selain sebagai tindak lanjut putusan MK, juga untuk menutup celah kekosongan hukum pada pengaturan saat ini dan untuk menghindari multi-interpretasi norma, misalnya terhadap subjek dan objek hak angket. Pengaturan mengenai hak angket perlu diatur di dalam undang-undang yang terpisah dari UU MPR, DPR, DPD, dan DPRD, dengan materi muatan yang berisi tentang pengertian-pengertian, mekanisme, dan hukum acara. Pembentukan Undang-Undang tentang Hak Angket diperlukan guna memenuhi amanat Pasal 20A ayat (4) UUD 1945.


2021 ◽  
Vol 1 (91) ◽  
pp. 69-79
Author(s):  
Aleksandrs Baikovs

The paper deals with the category of "values", the Rights as a value, and fundamental values of law; including freedom, justice, and equality have been analyzed.The relevance of the research is determined not only by the apparent lack of exploration of the problem but also by the fact that the value of rights and legal values determine direction and meaning, as well as the content of the rules of law, which is their normative expression, and, ultimately, appearing as a kind of basis for the legal culture, the source of the formation of the legal consciousness and establishing legal order, ensuring the efficiency of legal regulation due to the using the embodiment in reality of freedom, justice, equality.Legal norms themselves acquire the importance of values and become the subject of evaluation. Among values themselves, which act as an ideal justification of law rules, the law rules themselves and assessments, on the one hand, there are not only close ties but also mutual transitions. Therefore, both their interrelated explanations and differentiation are necessary.


AKADEMIKA ◽  
2020 ◽  
Vol 13 (02) ◽  
Author(s):  
Achmad Fageh

Abstract: Efforts to bring together the synergity of positive legal products and the value of morality of the nation as the wisdom of local cultures to-Indonesiaan needs the seriousness of various parties. Specifically, the provisions of the law governing adultery that truly reflect the aspirations and values that live in the community and are moral mirroring, are indispensable to the attention of many other aspects that Need to also note. While awaiting its realization, the author considers it to be no longer the time when all parties excuse that the freedom and privacy of a person in the sex field is ' closed ' to the law, so that the criminal law stops at the front door of the room. Therefore, maintaining the notion of adultery according to the PENAL code (which is now in force), is the same by validating the sofsion of the values of goodness that live in society. Do we have to be flashed and want to keep that detrimental ' privacy '? Do we still have to ' endure ' by skipping.The formulation of TP fornication in the RUU KUHP has a wider scope than arranged in the KUHP. This is reflected in article 417 and article 419 RUU KUHP, which arranges about the deed of intercourse with a person who is not a husband or his or his/her "collect Kebo" act. Controversy appear as the Delik fornication arranged in both of the article is a complaints delics (still equal to the Delik fornication in article 284 KUHP). The fornication act is not changed to a common delics that can be reported by anyone who knows the deeds. From the subject side, the right to complain has been expanded in a RUU KUHP, which can be complained by a husband, wife, parent, or child.Keywords: Free sec, positive law, national morality


2020 ◽  
Vol 41 (1) ◽  
pp. 85-108
Author(s):  
Christopher Frank

From the mid-1950s until the early 1960s, there was an ongoing tussle between British employers and the Trades Union Congress (TUC) over whether to repeal the (1831-96) Truck Acts which established the right of manual workers to be paid in cash (‘coin of the realm’) and regulated employers’ ability to fine them or take deductions from their wages. Many employers advocated repeal, insisting that truck legislation was ill-suited to the modern economy, interfered with freedom to contract, and impeded more efficient forms of paying wages. Organized labour, through the TUC, countered that these laws protected workers from arbitrary deductions and prevented employers from imposing unpopular methods of paying wages (such as by cheque or bank transfer). This dispute resulted in the minor reform of the 1960 Payment of Wages Act. The (1959-61) Karmel Committee, which studied the contemporary operation of the Truck Acts, recommended repeal, though keeping some protection, but there was disagreement about who should be covered and what should be protected. The TUC, near the apex of its power, had proved the efficacy of the law and, given the inability to reach consensus, the government eventually dropped the subject for a generation.


1973 ◽  
Vol 7 (1) ◽  
pp. 62-66

A Declaration Adopted by the Uppsala Collogium, Sweden, June 21, 1972. In June 1972, in Uppsala, Sweden, legal and human rights experts from 25 countries joined in a colloquium to examine the meaning and implications of Article 13 (2) of the Universal Declaration of Human Rights, which states: “Everyone has the right to leave any country, including his own, and to return to his country.” Brought together under the auspices of the Law Faculty of Uppsala University, the Renέ Cassin International Institute for Human Rights, in France, and the Jacob Blaustein Institute for the Advancement of Human Rights, in New York, the participants reviewed current policies and practices around the world related to the right to leave and to return. Taking as their springboard a group of draft principles approved in 1963 by the UN Sub-Commission on Prevention of Discrimination and Protection of Minorities, they adopted a Declaration on the subject.


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