scholarly journals The Psychology of Legal Pedagogy: Introducing Interface between Law and Psychology

2015 ◽  
Vol 3 (1) ◽  
Author(s):  
Dr K Parameswaran
Keyword(s):  
Legal System ◽  
Legal Education ◽  
State Legislature ◽  
The State ◽  
Law Students ◽  
The Other ◽  
Legal Knowledge ◽  
Common Elements ◽  
Law And Psychology ◽  
Psychological Dimensions

Law and psychology have a deep connection. Its connections come from various common elements between them. Three common elements that stand out among others bear a complementary impact between law and psychology. They are; ‘adherence’ to law and legal system by society, ‘understanding’ the needs of society by State Legislature, and finally pedagogical methods in legal education whereby legal ‘knowledge’ is transferred to law-students in society. All three common elements namely ‘adherence, understanding and knowledge’ have psychological dimensions affecting divergent roles and functions of law. However, the important role played by legal pedagogy among these three elements is crucial as legal ‘knowledge’ shapes the other two elements namely ‘adherence and understanding’. Legal knowledge when transferred through effective legal pedagogy enhances ‘adherence’ to law and legal system by society and ‘understanding’ for the State of its legislative duties. Through this, nobler goals of legal education as well as Constitutional functions of State and its legislature are also fulfilled. This article explores the interface between law and psychology by analysing the psychology of legal pedagogy, its effective steps to lead law, life and society towards peace, progress, prosperity and stability through law-teaching.

scholarly journals Historical Development over Religious Liberty in the Indonesian Constitution

2020 ◽  
Vol 3 (1) ◽  
pp. 65-74
Author(s):  
Mahaarum Kusuma Pertiwi
Keyword(s):  
Legal System ◽  
Historical Development ◽  
The State ◽  
Religious Liberty ◽  
The Other ◽  
Constitutional Amendment ◽  
Court Decisions ◽  
Other Hand ◽  
Political Consensus

This paper finding is the existence of recurring unsettled negotiation between the Islamists and the Nationalists during three important constitutional works in Indonesia (the making of 1945 Constitution; the work of Konstituante to draft a new constitution in 1955-1959; and the constitutional amendment 1999-2002). Such fragile political consensus creates a legal gap in the Indonesian legal system: constitutional guarantee on religious liberty on one hand, and discriminative derivative laws and court decisions in relate to religious liberty on the other hand. This paper argues the legal gap happens because historically, discourse over religious liberty never settled during constitutional debates. It leads to ambiguous constitutional articles on religious liberty such as the seemingly contradicting Article 28 I (1) on absolute rights and Article 28 J (2) on the limitation of rights. The ambiguous constitutional articles give no solid basis for protecting religious liberty, especially for minority, although explicitly Article 29 (2) of the Constitution stating, ‘The State guarantees freedom of every inhabitant to embrace his/ her respective religion and to worship according to his/ her religion and faith as such’. This paper will explain the unsettled negotiations during the making of Pancasila and the Jakarta Charter in 1945; the debate within Konstituante’s work in 1959; and the debate during constitutional amendment in 1999-2002.

scholarly journals Müste’min Dealing with the Ottoman Justice: Role and Strategy of the Ambassador

2013 ◽  
Vol 93 (2) ◽  
pp. 477-494 ◽  
Author(s):  
Juliette Dumas
Keyword(s):  
Significant Role ◽  
Legal System ◽  
The Other ◽  
Legal Knowledge ◽  
Economic Aspects ◽  
Legal Advice ◽  
Local Actors ◽  
Special Rights ◽  
Lack Of Knowledge

Abstract Because of their status as foreigners, non-subject of the Empire, müsteʾmin are subject to a system of laws different from the other subjects of the Empire. They also benefit from advantages secured by the granting of imperial orders: the ʿahidnâme also known as the capitulations: these are prescriptions issued by the sultan, directly influenced by political and economic aspects and which may vary from one nation to another. However, it is not a code of law different from others in force in the Empire: except in specific cases prescribed by the capitulations, the müsteʾmin are submitted as other Ottoman subjects to the Ottoman legal system. Nevertheless, the Ottoman legal system is complex: the actors and the practices vary and depend on the individuals involved and cases. Therefore, the question is who are the interlocutors of the müsteʾmin? The documents examined here show that the type of conflicts impacted on the interlocutors that were involved. Each time the case involves, in one way or another, the privileges of the müsteʾmin from a given nation, the imperial divan had to solve the case—then, it usually refers to the local court. But if private, the case was directly submitted to the kadı. The call for submission of cases to the Imperial divan is interesting because it shows that confidence is put in the Imperial divan rather than in the kadı. Perhaps, it also reveals the limits of the legal knowledge of the privileges and the special rights granted to müsteʾmin. In fact, the population concerned by the Capitulations was minor and the affairs affecting them probably rare, as a result, one should not be surprised by the lack of knowledge of the local actors, of their privileges. The role of the embassy and of the ambassador must also be emphasized here. In our documents, it appears that the embassy as a whole played a significant role in supporting its citizens through legal advice, assistance and support. The French embassy even seems to have distinguished itself on this item since the legal support offered was presented by the ambassador.

scholarly journals Transformation of Legal Education in Indonesia Based on Social Justice

2020 ◽  
Vol 13 (1) ◽  
pp. 143
Author(s):  
Otong Rosadi ◽  
Awaludin Marwan
Keyword(s):  
Social Justice ◽  
Clinical Education ◽  
Education System ◽  
Legal Education ◽  
Law Students ◽  
The Other ◽  
Short Term ◽  
Legal Studies ◽  
Law And Justice ◽  
Compulsory Subject

The transformation of legal education in Indonesia has become the study and anxiety of many legal experts in Indonesia. Legal education is seen as only producing law graduates who are no more legal craftsmen. Legal education ignores the ideologization of social justice values. Therefore, the transformation of higher legal education in Indonesia absolutely must be done by first carrying out an inventory of the main problems in the legal education system in Indonesia. This article attempts to perform an analysis of the description of the main problems in the legal education system and the steps that should be taken to hasten the transformation of higher legal education in Indonesia. Changes in the Legal Studies Curriculum and the transformation of the learning process that is more oriented towards humanizing lecturers and students have become an urgent need. One of the short-term offers is to make Legal Clinical Education as a compulsory subject in the Legal Studies Program. Whereas the other offer is transformation the Legal Studies Curriculum, Legal Learning Methods and Processes that are oriented in mastering the legal knowledge, legal skills, and law students' alignments on issues of law and justice.

scholarly journals Shari’a

2010 ◽  
Vol 27 (2) ◽  
pp. 101-104
Author(s):  
Iza Hussin
Keyword(s):  
Islamic Law ◽  
Academic Discipline ◽  
The State ◽  
The Other ◽  
Law And Society ◽  
Legal Knowledge ◽  
Legal Studies ◽  
Its Analysis ◽  
Contemporary Islam

In his “Introduction,” Hallaq states that this work approaches the field ofIslamic law in a way that few other scholars have attempted. “To write thehistory of Shari’a is to represent the Other,” he argues; “history, both Islamicand European, is the modern’s Other, and ... in the case of Islam this historyis preceded by another Other – namely contemporary Islam” (p. 1). This approach, which treats the Shari`ah as an aggregate of its history – its theory,institutional and societal applications, and implications in projects of power– also draws the discipline of Islamic legal studies into its analysis. ForHallaq, the “extraordinary innocence” of modern scholarship concerningIslamic law and society “proceeds ... unaware of (its) culpable dependency... on the ideology of the state” (p. 5). His approach brings together two intellectualaims: (a) to illumine the conditions of production and power relationswithin which Islamic legal knowledge, as an academic discipline, was builtand (b) to further elaborate upon the Shari`ah’s development as a system ofthought, practice, and institutions throughout its history. My review willfocus upon how these two major strands interweave and the new contributionsthe author makes to the study of Islamic law and society ...

Examining the Relationship Between Learning, Continuing Legal Education, and the Improvement of the Practice of the Law

2016 ◽  
pp. 90-115
Author(s):  
Holly B. Fisher ◽  
W. Franklin Spikes
Keyword(s):  
Best Practices ◽  
Program Development ◽  
Ethical Behavior ◽  
Legal Education ◽  
The State ◽  
Legal Knowledge ◽  
Course Offerings ◽  
The Relationship ◽  
Education Initiative

This is a case study about the Kansas Continuing Legal Education (CLE) Commission and its Education Initiative. As the regulator of CLE in the State of Kansas, the Commission ensures that quality course offerings are available for attorneys who are licensed within the state for use in meeting their annual mandatory continuing legal education (MCLE) requirements. The Commission's Education Initiative was focused on discovering current best practices in program development, delivery, and evaluation with the goal of improving the MCLE experience for Kansas attorneys and thus improving the practice of law. Findings from this effort point to innovative efforts currently underway, or aspired to, by providers to evaluate how MCLE disseminates new legal knowledge, increases attorney-to-attorney connections, encourages ethical behavior, and, ultimately, improves the practice of law.

Exploration on the mode of law undergraduate education in the background of judicial examination reform

2021 ◽  
pp. 002072092110052
Author(s):  
Jing-fang Zheng
Keyword(s):  
Higher Education ◽  
Undergraduate Education ◽  
Legal Education ◽  
Law Students ◽  
Educational Activity ◽  
Legal Knowledge ◽  
Professional Qualification ◽  
Legal Professionals ◽  
Legal Thinking ◽  
Education Model

Judicial examination has existed in our country for many years. For law students, the judicial examination is an important examination of their career. By the end of 2015, the state has put forward the objectives and tasks of improving the national legal professional qualification system. In August 2017, the judicial examination was reformed in the draft of the 8 judicial amendments, such as the Judge Law. This puts forward new requirements for the cultivation of the practical ability of law students. Judicial examination is an important link between law education and legal profession, and has an important influence on the undergraduate education of law. Legal education is an important part of higher education. It is an educational activity with the content of imparting legal knowledge, training legal thinking and cultivating qualified legal professionals. However, the cultivation of legal professionals is not the only goal of law education. Under the background judicial examination reform, it is necessary to explore the legal undergraduate education model, change the concept of legal education and cultivate national application talents.

scholarly journals Value of Comparative Law for the Kyrgyz Republic

2021 ◽  
Vol 7 (3) ◽  
pp. 269-273
Author(s):  
G. Toktogonova ◽  
M. Karimova
Keyword(s):  
Legal System ◽  
Legal Education ◽  
Comparative Law ◽  
The State ◽  
Private Law ◽  
Kyrgyz Republic ◽  
International Private Law ◽  
National Legal System ◽  
Fruitful Cooperation ◽  
Favorable Conditions

The article considers the relevance of comparative law as a science and method that contribute to the development of law on the territory of the state and international private law relations. The article describes the importance of comparative law for legal education in the modern legal life of the Kyrgyz Republic. The article examines the contribution of comparative law to the improvement of the national legal system of the Kyrgyz Republic. The article considers the importance of comparative law in creating favorable conditions for fruitful cooperation of lawyers from different countries.

Wirtschaftliche Bürgerbeteiligung

2021 ◽  
Author(s):  
Daniel Weinke
Keyword(s):  
Renewable Energy ◽  
Renewable Energy Sources ◽  
State Legislature ◽  
The State ◽  
Fundamental Rights ◽  
The Other ◽  
Energy Sources ◽  
Applicable Law ◽  
Federal States ◽  
The One

The Mecklenburg-Vorpommern state legislature addresses the tension between the expansion of renewable energies on the one hand and acceptance problems on the other with a participation law on mandatory economic participation. This raises the question of compatibility with applicable law, in particular whether the state legislature has the power to legislate. Furthermore, the author shows the framework for a regulation and takes a position on possible encroachments on fundamental rights by such a regulation. The topicality of the study is demonstrated by the constitutional complaint pending against the law, as well as by the dynamic legislation - for example, Section 36g (5) of the Renewable Energy Sources Act now stipulates an opening clause for the federal states.

8. Realism

2019 ◽  
pp. 130-144
Author(s):  
Tim Dunne ◽  
Brian C. Schmidt
Keyword(s):  
Case Studies ◽  
International System ◽  
World Politics ◽  
The State ◽  
The Other ◽  
Common Elements ◽  
Strategic Partnerships ◽  
Self Help ◽  
Powerful Explanation ◽  
Main Ideas

This chapter examines the claim that realism offers the most powerful explanation for the state of war that is the regular condition of life in the international system. It first provides an overview of the theory of realism before discussing whether there is one realism or a variety of realisms. It argues that despite some important differences, all realist theories share a set of core assumptions and ideas. It goes on to consider these common elements, namely self-help, statism, and survival. The chapter concludes with an analysis of the extent to which realism is relevant for understanding the globalization of world politics. To illustrate the main ideas tackled in this chapter, two case studies are presented: one relating to the Melian dialogue and the other to strategic partnerships with ‘friendly’ dictators. There is also an Opposing Opinions box that asks whether U.S. hegemony is durable or fleeting.

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