scholarly journals To the question about the historical genesis of patrimonial law of the bashkirs

2021 ◽  
Vol 9 (4) ◽  
pp. 16-20
Author(s):  
Usman Hamidullin
Keyword(s):  
Land Tenure ◽  
Legal System ◽  
The Political ◽  
Historical Sources ◽  
Legal Norms ◽  
Legal Ideology ◽  
Legal Traditions ◽  
Russian State ◽  
Legal Thinking ◽  
Political Conditions

The article discusses the issue of the formation and development of patrimonial law of the Bashkirs before the accession of Bashkiria to the Russian state. Guided by the pluralism of approaches to legal thinking, the author made an attempt to reconstruct the historical genesis of the patrimonial law of the Bashkirs, as well as the sources of this law in the Golden Horde and post-Horde periods. Based on the analysis of general historical sources, Bashkir legends and chronicles, as well as the corresponding Horde legal monuments, the following conclusions are substantiated: firstly, starting from about the middle of the XIV century on the territory of Bashkiria, those social and political conditions that determined the content of the customary legal norms of the patrimonial law of the Bashkirs began to take shape; secondly, due to the influence of the political and legal ideology of "chingizism", the Bashkirs form a legal myth that the tribal law has its source in the establishment of Chinggis Khan; thirdly, in the legal system of the Golden Horde and in the post-Horde Chingizid khanates, which largely inherited the legal traditions of the first, there were no external forms of expression of law, with the help of which direct state sanctioning of the customs of the Bashkirs associated with clan land tenure was carried out. At the same time, it seems that, by the nature of the prescriptions, the khan's shert and tarkhan labels could indirectly sanction the patrimonial law of the Bashkirs.

The Limits of the Prerogative State

2017 ◽  
Author(s):  
Ernst Fraenkel
Keyword(s):  
Legal System ◽  
Birth Certificate ◽  
Birth Certificates ◽  
The Political ◽  
Legal Norms ◽  
Normal Life ◽  
The Law ◽  
Totalitarian State

This chapter looks at the prerogative state in more detail. The whole of the German legal system, it shows, became an instrument of the political authorities. It looks at the birth certificate case in Germany at that time where hundreds of birth certificates were issued in accordance with the provisions of the law. Normal life, it explains, was ruled by legal norms. The chapter then questions the history and the notion of the totalitarian state and relates it to the case of late 1930s Germany.

scholarly journals THE CONCEPT OF VOCATIONAL ORDERS IN HUNGARY BETWEEN THE TWO WORLD WARS

2018 ◽  
Vol 31 (64) ◽  
pp. 257-276
Author(s):  
Péter Krisztián Zachar
Keyword(s):  
Economic System ◽  
The Political ◽  
Historical Sources ◽  
Hungarian Literature ◽  
Philosophical Background ◽  
Political Conditions ◽  
The Creation ◽  
Insight Into

Abstract The recent study examines the philosophical background and thoughts of Hungarian Christian thinkers on a new state order between the two World Wars in Hungary. On the basis of historical sources and Hungarian literature, the author gives an insight into the political conditions and discussions of this time which emerged from the interpretation of papal encyclicals. The author also takes a deeper look at the theories of Vid Mihelics, Béla Kovrig and especially László Varga S.J. The article focuses on the creation of different organizations of vocational order in Hungary and the governmental attempts to initialize a new political and socio-economic system.

Tree of Life

1982 ◽  
Author(s):  
Louis Jacobs
Keyword(s):  
Legal System ◽  
Social Economic ◽  
Tree Of Life ◽  
Legal Norms ◽  
Central Thesis ◽  
The Social ◽  
Political Conditions ◽  
The Law

This study of the Jewish legal system (the halakhah) demonstrates that the law embraces every corner of life. The central thesis of this book is that the halakhah, far from being entirely self-sufficient and self-authenticating, is influenced by the attitudes, conscious or unconscious, of its practitioners towards the wider demands and ideals of Judaism and by the social, economic, theological, and political conditions that occur when the ostensibly purely legal norms and methodology are developed. The chief concern is with the post-Talmudic halakhah, though the earlier halakhic developments are also discussed. The book also investigates how the halakhah operates. Ultimately, it seeks to provide a theory of halakhic change for those who are loyal to the halakhic tradition and yet accept modern values, many of which are themselves ultimately the fruit of the Torah, the Tree of Life.

scholarly journals GOVERNMENT OF THE RUSSIAN FEDERATION: ISSUES OF CONTINUITY, RECEPTION AND REFORM AT THE PRESENT STAGE

2020 ◽  
Vol 36 (4) ◽  
pp. 63-68
Author(s):  
S.A. Saibulaeva ◽  
Keyword(s):  
Russian Federation ◽  
Legal System ◽  
Separation Of Powers ◽  
Legal Norms ◽  
Subsequent Transformation ◽  
Constitutional Principle ◽  
Russian State ◽  
The Russian Federation ◽  
The Government ◽  
The Impact

The article discusses the controversial issues of formation and functioning of the Supreme Executive body of the Russian Federation. It is shown that the modern Russian state system continues to be reformed under the influence of continuity and/or reception of political and legal institutions, and their subsequent transformation. It is noted, that the essence of such a reform is to introduce progressive (rational) legal norms into the national legal system that harmonize issues of governance and state structure. The article systematizes the types and methods of state-legal control over the formation and activities of the Government of the Russian Federation within the framework of the functioning of the constitutional principle of separation of powers and the system of checks and balances. The article analyzes the impact of modern constitutional innovations on the Russian state legal system and the expected legal consequences.

scholarly journals Politik Negara atas Agama

2020 ◽  
Vol 38 (02) ◽  
Author(s):  
Subhi Azhari
Keyword(s):  
Legal System ◽  
Religious Life ◽  
Present Situation ◽  
State Policies ◽  
The State ◽  
The Political ◽  
Colonial Era ◽  
Legal Norms ◽  
Historical Root ◽  
Laws And Policies

Abstrak Diskriminasi adalah fakta yang masih menjadi permasalahan serius di Indonesia. Baik pada ranah politik, hukum maupun sosial. Diskriminasi masih terus terjadi meskipun berbagai upaya telah dilakukan untuk mengatasinya mulai dari penguatan perangkat hukum, advokasi hingga pendidikan di masyarakat. Hal ini melahirkan dugaan kuat bahwa diskriminasi sulit hilang karena telah mengakar dalam sistem dan budaya hukum kita. Dengan pendekatan sejarah dan hukum, kajian ini memaparkan berbagai produk hukum mulai dari konstitusi negara, Undang-undang hingga peraturan-peraturan hukum yang paling rendah, menyangkut kehidupan beragama sejak masa Hindia Belanda, proklamasi kemerdekaan hingga era reformasi sekarang ini. Berbagai produk hukum tersebut akan dipaparkan secara kronologis untuk mencari keterkaitan satu sama lain sehingga terbangun peta pemikiran yang komprehensif mengenai kebijakan diskriminatif yang masih terjadi saat ini. Kajian ini menemukan bahwa diskriminasi ternyata memiliki latar historis, di mana munculnya berbagai kebijakan diskriminatif negara terhadap kelompok-kelompok minoritas agama di Indonesia adalah buah dari politik kolonial yang masih bertahan hingga kini. Abstract Discrimination has still become a serious problem in Indonesia. Discrimination continues to occur in some aspects such as in the political, legal and social levels despite various efforts have been made to overcome it by strengthening the legal norms, advocacy and education in the community. This problem has triggered a strong presumption that it has been entrenched in our legal system and culture. By historical and law approach, the study investiagates some regulations regarding religious life since colonial era to the recent reformation era, including Constitution, laws and policies in the lower level. Those regulations will be elaborated in chronoliga order to find out some correlations among each other, so that we have a comprehensive map of thinking about the discriminatory policies that still occurs today.  This study reveals that discrimination has a historical root to the colonial politics that remain influencial to the state policies in the present situation.

scholarly journals The Institution of Presidency in the Russian Federation: Issues of the Establishment and Reformation at the Present Stage

2021 ◽  
Vol 1 ◽  
pp. 45-48
Author(s):  
Saida A. Saybulaeva ◽  
Keyword(s):  
Russian Federation ◽  
Legal Status ◽  
The Political ◽  
Legal Institution ◽  
Present Stage ◽  
Legal Norms ◽  
Head Of State ◽  
Russian State ◽  
The Russian Federation ◽  
Constitutional Changes

The article deals with the establishment, formation and development of the Institute of the presidency in the Russian Federation. It is shown that this legal institution was established in complex political, legal and social conditions under the influence of international and national factors. Two main historical and legal stages of the establishment and formation of the Russian presidential Institute are considered. It is noted that the specifics of the Russian institution of the presidency were formed under the influence of, among other things, received and successive legal norms, which predetermined the formation and functioning of a new and unique legal institution for the Russian state. The article analyzes the consequences of modern constitutional changes in the political and legal status of the head of state and their subsequent impact on the state mechanism of the Russian Federation.

scholarly journals Counteraction to High Treason in Russian Legislation of the Second Half of the 19th — Early 20th Centuries

2021 ◽  
pp. 337-356
Author(s):  
A. V. Makarov ◽  
N. Yu. Gusevskaya ◽  
A. S. Petrov
Keyword(s):  
National Security ◽  
Criminal Liability ◽  
Russian Empire ◽  
Historical Sources ◽  
Legal Norms ◽  
Foreign State ◽  
Russian State ◽  
Legal Nature ◽  
The Russian Empire ◽  
State Secrets

The problem of improving the criminal liability of the subjects of the Russian Empire at the end of the nineteenth century for espionage and spilling state secrets to a foreign state is considered. The relevance of the study is due to the importance of the problem under study for the effective functioning of the Russian state. The study is based on historical sources of a regulatory and legal nature and is interdisciplinary in nature. Particular attention is paid to the study of legal norms, the identification of the type and amount of punishments for the commission of espionage by Russian citizens and spilling the state secrets to a foreign state. It is indicated that in the second half of the 19th century, the intensity of intelligence of foreign secret services in the territory of the Russian Empire increased. It is noted that more and more often foreign powers involved Russian subjects in the process of obtaining Russian secrets. At the same time, the analysis of the sources made it possible to reveal a sufficient limitation of the institution of counteracting espionage and disclosure of state secrets to foreign states in the Russian Empire at the end of the 19th century. It is proved that it was precisely these phenomena at the end of the 19th and the beginning of the 20th centuries that determined the authorities’ desire to progressively improve legal mechanisms that counteract threats and challenges to national security.

The Kelsenian Model of Constitutional Review in Times of European Integration – Reconsidering the Basic Features

2019 ◽  
Vol 19 (1) ◽  
pp. 7-37
Author(s):  
Aleksandra Kustra-Rogatka
Keyword(s):  
European Integration ◽  
Legal System ◽  
Constitutional Court ◽  
Centralized Control ◽  
Constitutional Treaty ◽  
Constitutional Courts ◽  
Constitutional Review ◽  
Legal Norms ◽  
Basic Features ◽  
The Eu

Summary The paper deals with the changes in the centralized (Kelsenian) model of constitutional review resulting from a state’s membership of the EU, which unequivocally demonstrates the decomposition of the classic paradigm of constitutional judiciary. The main point raised in the paper is that European integration has fundamentally influenced on the four above-mentioned basic elements of the Kelsenian model of constitutional review of legislation, which are the following: the assumption of the hierarchical construction of a legal system; the assumption of the supreme legal force of the constitution as the primary normative act of a given system; a centralised model of reviewing hierarchical conformity of legal norms; coherence of the system guaranteed by a constitutional court’s power to declare defectiveness of a norm and the latter’s derogation. All its fundamental elements have evolved, i.e. the hierarchy of the legal system, the overriding power of the constitution, centralized control of constitutionality, and the erga omnes effect of the ruling on the hierarchical non-conformity of the norms. It should be noted that over the last decade the dynamics of these changes have definitely gained momentum. This has been influenced by several factors, including the “great accession” of 2004, the pursuit of formal constitutionalization of the EU through the Constitutional Treaty, the compromise solutions adopted in the Treaty of Lisbon, the entry into force of the Charter, and the prospect of EU accession to the ECHR. The CJEU has used these factors to deepen the tendencies towards decentralization of constitutional control, by atomising national judicial systems and relativizing the effects of constitutional court rulings within national legal systems. The end result is the observed phenomenon, if not of marginalisation, then at least of a systemic shift in the position of constitutional courts, which have lost their uniqueness and have become “only ones of many” national courts.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

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