scholarly journals Typologization of legal families: rethinking classification criteria and species composition

2021 ◽  
Author(s):  
T.V. Mikhailina ◽  
Y.V. Gotsulyak
Keyword(s):  
Species Composition ◽  
Legal System ◽  
Social Systems ◽  
Classification Criteria ◽  
Family Type ◽  
Modern World ◽  
Scientific Article ◽  
Legal Systems ◽  
Social Phenomena ◽  
Legal Ideology

The scientific article is devoted to rethinking the criteria for typologization of legal families and their species composition in the modern world. Based on the analysis, it is concluded that when unifying different approaches to the classification criteria for dividing legal systems into legal families, it is important to compare all the main elements of legal reality, since even the commonality of the main form of law (if there are differences in the applied legal ideology or the specifics of the implementation of law) will not become the basis for assigning certain legal systems to the same legal family. That is, the universality of the construction of the legal system type (legal family) consists in the plane verification of common features of the legal ideology, system of law and legal practice of various legal systems. Although it is quite obvious that there can not be absolutely identical features in the social phenomena of different social systems (meaning, different states), but a relative meaningful and formal community is nevertheless present. And it is precisely this relative commonality of all the basic elements of the legal system classical triad that makes it possible to speak about the assignment of two or more national legal systems to the same legal family (type of legal system). This approach will avoid fragmentation in the identification of classification criteria of the legal family. Attention is drawn to the fact that due to the processes of legal convergence, the boundaries of even relatively well-established legal systems are "blurred". Thus, in a Romano-Germanic family, discussions about the application of legal precedent begin at the doctrinal (and sometimes practical) level. And in the countries of Anglo-Saxon law, the role of legislation is growing. Also, more and more national legal systems are gradually moving to the category of convergent (mixed) systems, sometimes revealing completely unexpected combinations of features (for example, the socialist and religious or traditional legal system). Moreover, even the systems of so-called post-Soviet law, which include the legal system of Ukraine, are nothing more than an expression of the convergence of the Romano-Germanic legal family and the family of socialist law.

scholarly journals Measuring Law Over Time: A Network Analytical Framework with an Application to Statutes and Regulations in the United States and Germany

2021 ◽  
Vol 9 ◽  
Author(s):  
Corinna Coupette ◽  
Janis Beckedorf ◽  
Dirk Hartung ◽  
Michael Bommarito ◽  
Daniel Martin Katz
Keyword(s):  
United States ◽  
Network Analysis ◽  
Legal System ◽  
Social Systems ◽  
The United States ◽  
Single Type ◽  
Modern World ◽  
Legal Documents ◽  
Original Dataset ◽  
Over Time

How do complex social systems evolve in the modern world? This question lies at the heart of social physics, and network analysis has proven critical in providing answers to it. In recent years, network analysis has also been used to gain a quantitative understanding of law as a complex adaptive system, but most research has focused on legal documents of a single type, and there exists no unified framework for quantitative legal document analysis using network analytical tools. Against this background, we present a comprehensive framework for analyzing legal documents as multi-dimensional, dynamic document networks. We demonstrate the utility of this framework by applying it to an original dataset of statutes and regulations from two different countries, the United States and Germany, spanning more than twenty years (1998–2019). Our framework provides tools for assessing the size and connectivity of the legal system as viewed through the lens of specific document collections as well as for tracking the evolution of individual legal documents over time. Implementing the framework for our dataset, we find that at the federal level, the United States legal system is increasingly dominated by regulations, whereas the German legal system remains governed by statutes. This holds regardless of whether we measure the systems at the macro, the meso, or the micro level.

scholarly journals Some Problems of the Realization of Marital Relation with Foreigners

2021 ◽  
Vol 81 (2) ◽  
pp. 169-175
Author(s):  
S. S. Myrza ◽  
I. A. Serednytska
Keyword(s):  
Legal System ◽  
Family Relations ◽  
Scientific Article ◽  
Legal Systems ◽  
Marriage Age ◽  
Marital Relations ◽  
Wide Range ◽  
Marriage Contract ◽  
Legal Fact ◽  
The Right

Given that the right to marry is an inalienable right of everyone, guaranteed by international law and national legislation of different world countries, it is accordingly forbidden to interfere with the lawful marriage. At the same time, the marriage procedure in different countries has its own characteristics, which depend on such factors as culture, religion, features of the legal system, etc. The influence of these factors on the marriage with a foreign element and some problems that may arise during its conclusion were taken into account while writing this scientific article. Thus, since the current legislation and the legal system of different countries may significantly vary, there may be some problems in the implementation of marital relations with foreigners, which require more detailed study. The problematic issue of realization of marital relations with foreigners on the territory of Ukraine and in foreign countries with different legal systems has been revealed. The procedure of concluding marriage between citizens of the state and certain aspects of marriage with foreigners has been determined. Particular attention has been paid to the analysis of the procedure of marriage with a foreign element in countries with common law, Romano-Germanic and Islamic legal systems. It has been noted that marital and family relations are regulated by separate legislative acts and in some countries by religious norms. The practical aspects of marriage registration have been revealed, in particular, the conditions, the observance of which is obligatory for the registration of marriage with a foreign element have been described and characterized. It has been noted that marriage under current law of different countries can take place only if the established requirements are followed: conclusion of marriage contract, lack of close blood ties, compliance with the requirements of religion, reaching marriage age, mutual consent of both parties, equality, presence of witnesses while concluding a marriage contract and marriage, observance of folk traditions. The emphasis has been placed on the fact that a foreign element within international family law at the time of marriage is manifested in two aspects: as a subject of legal relations and as a legal fact. The authors have analyzed the case law of the European Court of Human Rights in regard to the protection of the rights of married women, which has answers to a wide range of problematic issues that arise in certain life circumstances regarding the conclusion of marriage, including with a foreign element.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

scholarly journals Illogicality and Roman Law

1972 ◽  
Vol 7 (1) ◽  
pp. 14-24 ◽  
Author(s):  
Alan Watson
Keyword(s):  
South Africa ◽  
International Law ◽  
Western Europe ◽  
Outer Space ◽  
Roman Law ◽  
Modern World ◽  
Legal Systems ◽  
The Moon ◽  
Age Of Reason ◽  
The Law

It is a commonplace that Rome's greatest contribution to the modern world is its law. Whether this is strictly true or not, Roman law is certainly the basis of the law of Western Europe (with the exception of England and Scandinavia), of much of Africa including South Africa, Ethiopia and in general the former colonies of countries in continental Europe, of Quebec and Louisiana, of Japan and Ceylon and so on. Perhaps even more important for the future is that International law is very largely modelled, by analogy, on Roman law. Just think of the perfectly serious arguments of a few years ago as to whether outer space (including the moon and planets) were res nullius or res communes and whether they were, or were not, susceptible of acquisition by occupatio. This persistence of Roman law has had undesirable consequences. First, Roman law as an academic subject has got into the hands of lawyers whose love of technicalities has frightened off classical scholars who tend not to use the legal sources. Secondly, scholars of antiquity, since Roman law is left well alone, have also been reluctant to look at other ancient legal systems. So have lawyers since these other systems have no ‘practical” value. Thirdly, following upon these but worse still, the usefulness of Roman law for later ages, coupled with its enforced isolation from other systems of antiquity, has often led to an exaggerated respect for it, and to its being regarded as well-nigh perfect, immutable, fit for all people. Many in “the Age of Reason” were ready to regard Roman law as “the Law of Reason”.

Term extraction and management based on event templates

Terminology ◽  
2014 ◽  
Vol 20 (2) ◽  
pp. 151-170 ◽  
Author(s):  
Katia Peruzzo
Keyword(s):  
European Union ◽  
Knowledge Base ◽  
Legal System ◽  
Classification Criteria ◽  
The European Union ◽  
Additional Information ◽  
Term Extraction ◽  
Automatic Term Extraction ◽  
Multi Level ◽  
Victims Of Crime

The paper examines the possible usage of event templates derived from Frame-Based Terminology (Faber et al. 2005, 2006, 2007) as an aid to the extraction and management of legal terminology embedded in the multi-level legal system of the European Union. The method proposed here, which combines semi-automatic term extraction and a simplified event template containing six categories, is applied to an English corpus of EU texts focusing on victims of crime and their rights. Such a combination allows for the extraction of category-relevant terminological units and additional information, which can then be used for populating a terminological knowledge base organised on the basis of the same event template, but which also employs additional classification criteria to account for the multidimensionality encountered in the corpus.

The Role of Social Logistics for the National, Economic and Social Security

2021 ◽  
Vol 39 (39) ◽  
pp. 54-69
Author(s):  
Vanya Banabakova
Keyword(s):  
Comparative Analysis ◽  
Social Security ◽  
National Security ◽  
Critical Analysis ◽  
System Approach ◽  
Human Factor ◽  
Social Systems ◽  
Social Phenomena ◽  
National Economic

Logistics continuously expands its application areas. In modern conditions, there is a need to apply logistics in areas not related to its traditional applications such as military and business spheres, resulting in the identification of a third area with the name social logistics. Social logistics aims to introduce a social (human) factor into the systems and to apply logistic principles and methods in solving the problems of society. Social logistics can be defined as a set of actions that ensure the effective functioning of social systems (such as a set of social phenomena, processes and subjects), applying the principles of logistics. For the purposes of this paper, a number of scientific approaches and methods have been applied, such as system approach, comparative analysis, critical analysis, synthesis and others. Social logistics plays an important role in national security, including economic and social security. The purpose of this paper is to explore the role of social logistics in enhancing national security, including economic and social security.

Dynamics of the regulatory function of Ukrainian lawin the context of European and international legal harmonization

2021 ◽  
pp. 49-56
Author(s):  
Roman Zvarych ◽  
Bohdan Hryvnak
Keyword(s):  
International Law ◽  
European Integration ◽  
Practical Significance ◽  
Regulatory Function ◽  
Scientific Article ◽  
Legal Systems ◽  
Legal Analysis ◽  
Council Of Europe ◽  
European Union Law ◽  
Legal Harmonization

Purpose. The purpose of the work is a comprehensive theoretical and legal analysis of the main problems of the dynamics of the regulatory function of Ukrainian law in the context of European integration and international legal harmonization. Method. The following theoretical methods of scientific knowledge were used in the study: the method of scientific analysis; system-structural; historical and legal; axiological; comparative law; formal-legal and method of generalization. Results. The scientific article highlights the process of transformation of the regulatory function of modern Ukrainian law in the context of its approximation to EU and international law. In the course of the research it was proved that in the issues of the European integration course the leading role belongs to the principles of realization of the regulatory function and regulatory influence. In particular, the implementation of the principle of the primacy of international law is for Ukraine a political and legal guarantee of stable relations with Europe and the world, as well as a legal means of protecting its legitimate interests. On the basis of the main principle of priority of norms of international law, such derivative principles of interaction of legal systems of the Council of Europe and Ukraine as: a) the principle of the rule of law should be developed; b) the principle of interconnectedness and complementarity of the law of the Council of Europe and Ukraine; c) the principles of cooperation, good faith fulfillment of obligations to the Council of Europe and the principle of mutual protection of human rights. Scientific novelty. The study found that the regulatory function of law, despite the narrowing of its scope at the domestic level and within national legal systems, has expanded its scope at the international and European levels, and especially at the level of European Union law. In this case, in the latter case, it interacts most closely with the integrative function. Practical significance. The results of the research can be useful for further general theoretical and applied research of the dynamics of the regulatory function of Ukrainian law in the context of European and international legal harmonization.

Main Trends of Global Development: Its Reality and Prospects

2021 ◽  
Vol 48 (1) ◽  
pp. 80-88
Author(s):  
Alexander N. Chumakov
Keyword(s):  
Social Systems ◽  
Global Strategy ◽  
Modern World ◽  
The West ◽  
West China ◽  
Global Trends ◽  
Islamic World ◽  
Current State ◽  
Global World ◽  
World Development

Abstract The article analyzes the main parameters of the modern world development, its architectonics and the most important development trends. Modern communications and principles of interaction of various social systems are also considered. As a result, the most significant cultural-cum-civilizational systems are distinguished – the West, China, the Islamic world and Russia, which represent four global trends or four vectors of power that fundamentally affect the current state and prospects of world development. It is emphasized that the West and China have a global strategy, provided by objective circumstances. The Islamic world and Russia occupy an important geopolitical position and also have a special status in the global world.

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

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