scholarly journals The Main Problems of Digitalization of Formal Sources of Law

2021 ◽  
Vol 2 ◽  
pp. 15-20
Author(s):  
M.Y. Spirin ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Life ◽  
Ethical Problem ◽  
Digital Technologies ◽  
Human Mind ◽  
Point Of View ◽  
Legal Information ◽  
The Status

The status of formal sources of law is considered from the point of view of their definition and the possibility of creating a list of these sources, enshrined at the legislative level. The problem is posed of the need for the existence of an official list of formal sources of law in the national legal system. The phenomenon of digitalization of social life and legal means necessary for its effective regulation is investigated. The main trends in the digitalization of the legal system of society are determined on the basis of the digitalization of the system of formal sources of law, the necessary conclusions are drawn about the nature of this process, its direction, as well as about those positive and negative aspects that are associated with it. Particular attention is paid to the problem of compliance of “reference” texts of normative legal acts and other formal sources of law, enshrined in the official means of the content of legal information, and “digital” shells of these regulatory prescriptions that function within the framework of commercial legal reference systems. Based on the analysis performed, the main problems of modern digitalization of formal sources of law are determined. The issue of self-reproduction of law is touched upon, attention is drawn to the ethical problem of creating law to regulate social relations using digital technologies. Conclusions are made about the dual, objective and subjective nature of digitalization of formal sources of law and the role of the collective human mind in the creation and implementation of law.

scholarly journals Women in the "Kerangkeng" of Tradition: the Study on the Status of Women in Minangkabau

2018 ◽  
Vol 10 (2) ◽  
pp. 369-385
Author(s):  
Welhendri Azwar
Keyword(s):  
Social Relations ◽  
Social Life ◽  
Cultural Conditions ◽  
Patriarchal Ideology ◽  
The Social ◽  
The Status ◽  
And Control ◽  
Biological Differences ◽  
Status Of Women

The system of values, norms and some stereotypes attached to women are one of the factors that giving influences on the position and relationships of women with men in the existing social structure. Each person embraces the system of values or norm which is a consensus and constructed by the community itself than from generation to generation. The emergence of social construction on the status and role of women is the result of the perspective of a community towards their biological differences between men and women. The perspective which then results in oppression, exploitation, and subordination of women in social relations are contextually strongly related to socio-cultural conditions at that time. This section will discuss how women are positioned in the social life and the perspective of the culture of its subordination. Next, it is also described how the emergence of patriarchal ideology, a system that accommodates the interests of men to dominate and control women, as a consequence of the understanding of the nature of women which biologically different to men. The hegemony of patriarchal ideology brings the social awareness for women to accept the conditions of subordination as a natural thing, which is wrapped by the products of culture and tradition. It includes how patriarchal ideology is giving the effect on the system and the tradition of marriage.

THE ISSUE OF MINORS’S GUARDIANSHIP SENTENCED TO IMPRISONMENT

2020 ◽  
pp. 33-37
Author(s):  
Ирина Викторовна Евстафьева
Keyword(s):  
Juvenile Offenders ◽  
Legal Status ◽  
Careful Consideration ◽  
Point Of View ◽  
Sufficient Detail ◽  
Domestic Legislation ◽  
The Status ◽  
Correct Understanding ◽  
The Given

В статье исследуются вопросы попечительства в отношении несовершеннолетних, отбывающих наказание в виде лишения свободы. Проблема, поднимаемая автором настоящей статьи, многогранна, касается различных аспектов отбывания наказания несовершеннолетними в воспитательных колониях и требует комплексного исследования, способного ответить на определенно значимый вопрос: является ли колония законным представителем находящихся в ней несовершеннолетних со всеми вытекающими из статуса законных представителей последствиями. При этом необходимо обращать внимание на специфику правового статуса лиц, отбывающих наказание в воспитательных колониях, которые, во-первых, являются несовершеннолетними, то есть не обладают дееспособностью в полном объеме и нуждаются в особой заботе, защите и представительстве, а во-вторых, осуждены за совершение тяжкого или особо тяжкого преступления, влекущего изоляцию от общества и определенные ограничения и лишения. Отечественное законодательство достаточно детально регламентирует особенности режима отбывания наказания в виде лишения свободы несовершеннолетними, не определяя при этом статуса воспитательных колоний, кем они являются: воспитателями, попечителями или исключительно учреждениями исполнения наказаний. Между тем правильное понимание значения и роли воспитательной колонии в жизни находящихся в ней несовершеннолетних преступников, по мнению автора, поможет избежать ряда проблем, объективно складывающихся в учреждениях подобного рода. С этой точки зрения предлагаемая тема представляет интерес не только для ученых-теоретиков, но и для практиков - сотрудников соответствующих учреждений. Особо следует подчеркнуть, что исследований по данной тематике в специальной литературе нет. Отдельные исследования, встречающиеся в современной литературе, касаются исключительно общего гражданско-правового статуса несовершеннолетних осужденных. Однако это обстоятельство может свидетельствовать только о новизне данной темы, но никак не об отсутствии самой проблемы. The article analyzes the issues of the status of educational colonies as guardians of minors serving a sentence of imprisonment. In fact, the problem raised by the author of this article is multifaceted, concerns various aspects of the serving of punishment by minors in educational colonies and requires a comprehensive study that can answer, it seems, a definitely significant question: whether the colony is the legal representative of the minors in it with all the consequences arising from the status of legal representatives in the form of duties and responsibilities. At the same time, it seems, it is necessary to pay attention to the specifics of the legal status of citizens serving sentences in educational colonies, who, firstly, are minors, i.e. do not have full legal capacity and need special care, protection and representation, and, secondly, are convicted of committing a serious or particularly serious crime, entailing isolation from society and certain restrictions and deprivation. Domestic legislation regulates in sufficient detail the peculiarities of the regime of serving sentences in the form of deprivation of liberty by minors, without determining the status of educational colonies. Who are they: educators, Trustees or only institutions of execution of punishments. Meanwhile, the correct understanding of the importance and role of the educational colony in the life of juvenile offenders in it, according to the author, will help to avoid a number of problems that objectively develop in institutions of this kind. From this point of view, the proposed topic is of interest not only for theoretical scientists, but for practitioners-employees of relevant institutions. It should be emphasized that there are no studies on this subject in the special literature. However, this circumstance can testify only about novelty of the given subject, but in any way about absence of the problem. It seems that the relevance and importance of a problem is not always measured by the number of studies devoted to it. Sometimes these its traits are manifest only under particularly careful consideration.

History and Theory

2018 ◽  
Author(s):  
Chris Lorenz
Keyword(s):  
Philosophy Of History ◽  
Point Of View ◽  
History Writing ◽  
True Nature ◽  
The Status ◽  
Current Return ◽  
Theoretical Reflection ◽  
Three Phases

This introductory chapter assesses the role of theory in history and traces the developments in the discipline of history. Theoretical reflection about the ‘true nature’ of history fulfils three interrelated practical functions. First, theory legitimizes a specific historical practice—a specific way of ‘doing history’—as the best one from an epistemological and a methodological point of view. Second, theory sketches a specific programme of doing history. Third, theoretical reflections demarcate a specific way of ‘doing history’ from other ways of ‘doing history’, which are excluded or degraded. The chapter then considers three phases of theoretical changes from analytical to narrative philosophy of history, and then on to ‘history from below’ and the ‘presence’ of history, ultimately leading to the current return of fundamental ontological and normative questions concerning the status of history and history-writing.

The Court System of China in the Digital Age: Main Developmet Ditections

2021 ◽  
Vol 6 ◽  
pp. 75-82
Author(s):  
P. V. Troshchinskiy ◽  
Keyword(s):  
Large Scale ◽  
Digital Technologies ◽  
Legal Regulation ◽  
Point Of View ◽  
Judicial System ◽  
General Level ◽  
Court System ◽  
The People ◽  
Intelligence Services ◽  
The Status

The article is devoted to the study of the process of introducing digital technologies into the work of the People’s Courts of China and the issues of its legal regulation. The judicial system of the modern Chinese state is based on courts of three levels and two courts. Judicial bodies include the Supreme People’s Court, local people's courts, military courts and other special courts. For several years, various digital technologies have been used in all Chinese courts. In addition, since August 2017, special Internet courts have appeared in the PRC (three such courts have now been created in Hangzhou, Beijing and Guangzhou), which consider civil, administrative and criminal cases online without the personal presence of participants. The use of digital technologies in the judicial system of the PRC contributes to its transparency, reducing corruption, combating the spread of coronavirus, increasing the general level of legal literacy of the people. So, the creation of a unified platform for online broadcasting of court hearings online, the public disclosure of court sentences (decisions, rulings) in various categories of cases allows society to control the activities of the people's courts of the country. Considering the case online during the confrontation of the coronavirus epidemic prevents the spread of infection among participants in the process. The experience of China in the large-scale implementation of digital technologies in judicial activity is not only of scientific interest, but also important from a practical point of view for the Russian expert community. The Russian Federation has also embarked on the path of using digital technologies in litigation, but China is following it ahead of the schedule, which is important in terms of studying the results it has achieved and the mistakes made so that the Russian legislator can take them into account in their law-making activities. It is also important that China, in the process of digitalizing its national system, uses exclusively national platforms and databases. Access to information by foreign intelligence services is not possible. The main providers of digital services for the judicial system are also national corporations, which legally have the status of private companies, but in fact they are completely controlled by the СРС.

scholarly journals Implementation of the Function of Maximizing the Security Level in the Administration of Justice in the Digital Economy

2020 ◽  
Vol 38 (Especial II) ◽  
pp. 216-225
Author(s):  
Damir Khamitovich Valeev ◽  
Anas Gaptraufovich Nuriev
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Digital Economy ◽  
Positive Development ◽  
Security Level ◽  
The Public ◽  
Administration Of Justice ◽  
The Status ◽  
Dialectical Analysis

The research analyses the implementation of the role of maximizing the level of security in the administration of justice in the context of the digital economy. Methodologically, the documentary observation research technique and, to process sources, sociological-dialectical analysis were used. Digitization as a transformational factor of many branches of social relations implies dependence on the implementation of a series of interdependent legal facts with digital technologies so that the action has a legal and concrete result. The digital level as a new platform for the implementation of a number of public functions posing new challenges for the public administration system and also determines the status of new functions that can provide a "digital future" with a positive development dynamic. Conclusion mode everything indicates that, these new functions can be austable in order to maximize security in the implementation of public functions in response to new threats. Particularly sensitive is the area of justice administration, which is also actively introducing many digital tools into the case-resolution process.

scholarly journals Minor offences as a constitutional category

2006 ◽  
Vol 78 (9) ◽  
pp. 139-149
Author(s):  
Alenka Šelih
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Judicial System ◽  
Main Issue ◽  
Administrative System ◽  
European Legislation ◽  
Administrative Justice

Slovenian Constitution, like many constitutions of other countries does not define minor offence as a punishable act or breach of constitutional provisions. Administrative system and system of administrative justice can never guarantee such impartiality as judicial system. Repressive role of the administrative authorities is differently regulated in the contemporary European legislation. From the constitutional point of view, the main issue related to the minor offences is whether it is legally justifiable that administrative authorities have repressive function. The new Slovenian legal system insists on broad competences of the specialized administrative bodies provided that protection before the court is guaranteed.

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

Legal information acquisition by the public : an exploratory study

2016 ◽  
Author(s):  
◽  
Sheila O'Hare
Keyword(s):  
Health Information ◽  
Legal System ◽  
Information Acquisition ◽  
Exploratory Study ◽  
Information Sources ◽  
Previous Experience ◽  
Phase 2 ◽  
Legal Information ◽  
The Public

[ACCESS RESTRICTED TO THE UNIVERSITY OF MISSOURI AT AUTHOR'S REQUEST.] This exploratory study applied models of human information behavior and health information acquisition to the acquisition of legal information by the public. A mixed methods approach, consisting of two sequential phases, was utilized. First, an online survey consisting of 45 multiple-choice questions was administered to a Qualtrics panel of 385 individuals without formal legal training who were at least 18 years of age. In the second phase, eleven individuals who met the same screening criteria were interviewed in order to provide additional elaboration upon and clarification of the survey data. In phase 1, frequency of legal information searching and incidental discovery of legal information (information encountering, or IE) was assessed for relationships with personal, affective, contextual, and environmental factors. Findings indicate that individuals who search and encounter legal information more frequently share certain demographic and affective characteristics with their counterparts in the acquisition of health information. Age, income, and previous experience with the legal system were associated with greater legal search frequency. Age, race, and previous experience with the legal system were associated with greater frequency of legal IE. Self-efficacy and vigilance were both associated with frequency of search and IE, though perception of the legal system was not. Subjects searched and encountered more frequently because of curiosity than other situational factors. The role of risk in search and encounter frequency could not be determined. Both exposure to multiple information sources and to multiple mass media sources were associated with greater frequency of legal search and IE. In phase 2, subjects were asked about their searches and IE experiences with legal information, and the role of legal information in their everyday lives, especially as compared to health information acquisition. Findings indicate that members of the public define legal information quite narrowly as tied to lawyers and courts, rather than rights and duties (even provided with a more inclusive definition), and often fail to relate routine encounters with the law to their larger understanding of the legal system. Survey findings were corroborated in terms of source choices, the roles of previous experience, self-efficacy, and avoidance-vigilance. The increased availability of legal information sources through the internet has made it easier for people to find codes and regulations, but has not made it easier to find the information necessary to assess more complex legal issues. Other emergent themes identified in phase 2 included the detrimental effect of attorney advertising and the perception of legal information as disruptive, in contrast to the embeddedness of health information in everyday life.

Refracted visions: Street photography, humanism and the loss of innocence

2017 ◽  
Author(s):  
Justin Carville
Keyword(s):  
Cultural Politics ◽  
Social Relations ◽  
Social Life ◽  
Traumatic Experiences ◽  
The Social ◽  
The Everyday ◽  
Visual Expression ◽  
Politics Of Religion ◽  
Street Photography

Justin Carville draws on recent debates in relation to photography and the everyday in order to examine the role of street-photography in the cultural politics of religion as it was played out in the quotidian moments of social relations within Dublin’s urban and suburban spaces during the 1980s and 90s. The essay argues that photography was important in giving visual expression to the social contradictions within the relations between religion and the transformation of Irish social life, not through the dramatic and traumatic experiences that defined the nation’s increased secularism, but in the quiet, humdrum and sometimes monotonous routines of religious ceremonies and everyday social relations.

Public Policies and the Role of State vs. Sustainable Business Models and Corporate Sustainability

2021 ◽  
pp. 61-73
Author(s):  
Wojciech Gonet
Keyword(s):  
Public Administration ◽  
Social Relations ◽  
Business Models ◽  
Corporate Sustainability ◽  
Sustainable Business ◽  
State Administration ◽  
The Status ◽  
Sustainable Business Models ◽  
Reducing Energy

The chapter examines the scope of public administration participation in ensuring that entrepreneurs comply with the principles of sustainable development. It was found that the activities of the state administration in this regard may consist in providing entrepreneurs with the status of applying ESG and CSR principles in their activities, then checking compliance with these principles, informing consumers about the consequences of using products and services produced by the entrepreneurs using the ESG and CSR principles. It was determined that the expectation for the application of ESG and CSR principles can also apply to public administration, which in its activity can contribute to environmental protection by reducing energy consumption in various forms, as well as improving social relations by eliminating corruption.

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