scholarly journals SYNERGETICS AS A METHODOLOGICAL APPROACH TO THE STUDY OF SOCIAL, LEGAL, HISTORICAL AND LEGAL SYSTEMS

2021 ◽  
Author(s):  
Serhii Kudin ◽  
Keyword(s):  
Legal System ◽  
Methodological Approach ◽  
Legal Order ◽  
The Self ◽  
Self Organization ◽  
Legal Systems ◽  
Comparative History ◽  
History Of ◽  
History Of Law ◽  
The Impact

The subject of this publication is synergetics as a methodological approach to the study of social, legal, historical and legal systems, and the aim is to identify its characteristics as a methodological approach. Methods such as philosophical dialectics, analysis, synthesis, deduction, induction, synergetic, systemic, comparative historical, special legal, etc. were used in the study. As a result, it is concluded that synergetics is considered by scientists as a scientific picture of the world, independent science, methodology, interdisciplinary approach, private science theory, general scientific theory, scientific paradigm, so today it is in a state of formation. It was found that as a methodological approach, synergetics directs efforts to the scientific study of such an aspect of development as "self-organization", as well as the self-organization of such a part of matter as systems of different nature, meeting the criteria of complexity, openness, dissipation, to study the self-organization of systems within the scheme: "order" – "chaos" – "order". It is proved that in the study of social systems the main task of the synergetic approach is to identify a peculiar type of patterns of social self-organization, which differ from the patterns of self-organization in natural systems. It is substantiated that the synergetic approach has a number of heuristic possibilities in the study of some legal systems and in general directs efforts to identify the specifics of the laws of self-organization in the legal sphere, the implementation of the mechanism of legal self-organization as a result of mutual transitions of the legal order and chaos. It is revealed that the specific problems that arise when using this approach are the definition of "legal chaos", the identification of the mechanism of exchange of "legal information, matter and energy" between the legal system and the "environment", the essence of the synthesis of legal order and chaos. It is concluded that the synergetic approach has features in the study of historical and legal systems in the field of comparative history of law, which are due to the limitation of the "historical plane" of research and identify the impact of fluctuations on certain scenarios. It is determined that the nonlinearity of the evolution of historical and legal systems determines the perception of the view of the comparative history of law as an alternative and multivariate process. This allows the development in the field of alternative comparative history of law: the search for alternative in the future potentially positive options for the development of historical and legal systems. At the same time, the basis should be the modelling of comparative situations with the inclusion of the past and taking into account the impact of the future on the present. It is proved that the application of a synergetic approach in comparative and historical legal research, where the object is historical and legal systems, has a number of specific problems. It has been found that such problems are the discovery of the essence of the exchange between the "historical and legal system" and the "environment" of matter, information, energy; restrictions on the use of mathematical methods; search for criteria for distinguishing between objective and subjective factors that have influenced the choice of this particular "scenario" at the bifurcation point; delimitation of self-organization of structural elements of the system and their organization as a consequence of administrative intervention.

scholarly journals The “Christology” of Bely the Anthroposophist: Andrei Bely, Rudolf Steiner, and the Apostle Paul

Religions ◽  
2021 ◽  
Vol 12 (7) ◽  
pp. 519
Author(s):  
Monika Spivak
Keyword(s):  
The Self ◽  
Apostle Paul ◽  
Rudolf Steiner ◽  
2 Corinthians ◽  
History Of ◽  
The Impact

The article focuses on R. Steiner’s perception of the Gospels and the impact of that view on Bely’s works. The latter had always valued Steiner’s lectures on Christ and the Fifth Gospel, the “Anthroposophic” (relating to the philosophy of human genesis, existence, and outcome) Gospel, the knowledge of which had been received in a visionary way. In addition, Bely was an esoteric follower of Steiner and often quoted from Apostle Paul’s 2 Corinthians, “Ye are our epistle written in our hearts, known and read of all men”. The citation occurs in Bely’s philosophical works (The History of the Formation of the Self-Conscious Soul, “Crisis of Consciousness”), autobiographic prose (Reminiscences of Steiner), the essay “Why I Became a Symbolist…”, and letters (to Ivanov-Razumnik and Fedor Gladkov). Bely’s own anthroposophic and esoteric ideas relating to the gospel sayings are also examined. The aim of the research is to show through the example of one quotation the specifics of Bely the Anthroposophist’s perception of Christian texts in general. This provides a methodological meaning for understanding other Biblical quotations and images in the works of Bely because anthroposophical Christology is also the key to their deciphering.

scholarly journals Emilio Betti: from the history of law to the general theory of interpretation

2020 ◽  
pp. 30-44
Author(s):  
Iuliia Rossius
Keyword(s):  
General Theory ◽  
Practical Importance ◽  
Dialectical Tension ◽  
History Of ◽  
History Of Law ◽  
The Subject ◽  
Theory Of Law ◽  
The Impact ◽  
Hans Georg Gadamer

The goal of this article consists in demonstration of the impact of research in the field of history and theory of law alongside the hermeneutics of Emilio Betti impacted the vector of this philosophical thought. The subject of this article is the lectures read by Emilio Betti (prolusioni) in 1927 and 1948, as well as his writings of 1949 and 1962. Analysis is conducted on the succession of Betti's ideas in these works, which is traced despite the discrepancy in their theme (legal and philosophical). The author indicates “legal” origin of the canons of Bettis’ hermeneutics, namely the canon of autonomy of the object. Emphasis is placed on the problem of objectivity in Betti's theory, as well as on dialectical tension between the historicity of the interpreted subject and strangeness of the object that accompanies legal, as well as any other type of interpretation. The article reveals the key moment of Betti's criticism of Hans-Georg Gadamer. Regarding the question of historicity of the subject of interpretation. The conclusion is made that the origin of the general theory of interpretation lies in the approaches and methods developed and implemented by Betti back in legal hermeneutics and in studying history of law.   Betti's philosophical theory was significantly affected by the idea on the role of modern legal dogma in interpretation of the history of law. Namely this idea that contains the principle of historicity of the subject of interpretation, which commenced  the general hermeneutical theory of Emilio Betti, was realized in canon of the relevance of understanding in the lecture in 1948, and later in the “general theory of interpretation”. The author also underlines that the question of objectivity of understanding, which has crucial practical importance in legal hermeneutics, was transmitted into the philosophical works of E. Betti, finding reflection in dialectic of the subject and object of interpretation.

scholarly journals PERBANDINGAN SISTEM HUKUM COMMON LAW, CIVIL LAW DAN ISLAMIC LAW DALAM PERSPEKTIF SEJARAH DAN KARAKTERISTIK BERPIKIR

2018 ◽  
Vol 25 (1) ◽  
pp. 98
Author(s):  
Farihan Aulia ◽  
Sholahuddin Al-Fatih
Keyword(s):  
Legal System ◽  
Legal History ◽  
Islamic Law ◽  
Common Law ◽  
Legal Systems ◽  
Legal Tradition ◽  
History Of ◽  
Legal Thinking ◽  
Anglo American ◽  
The Comparative Study

The legal system or commonly referred to as the legal tradition, has a wealth of scientific treasures that can be examined in more depth through a holistic and comprehensive comparative process. Exactly, the comparison of the legal system must accommodate at least three legal systems that are widely used by countries in the world today. The three legal systems are the Continental European legal system, Anglo American and Islamic Law. The comparative study of the three types of legal systems found that the history of the Continental European legal system is divided into 6 phases, while Anglo American legal history began in the feudalistic era of England until it developed into America and continues to be studied until now. Meanwhile, the history of Islamic law is divided into 5 phases, starting from the Phase of the Prophet Muhammad to the Resurrection Phase (19th century until nowadays). In addition to history, the authors find that the Continental European legal system has the characteristic of anti-formalism thinking, while the Anglo American legal thinking characteristic tends to be formalism and is based on a relatively primitive mindset. While the thinking character of Islamic Law is much influenced by the thought of the fuqoha (fiqh experts) in determining the law to solve a problem, so relatively dynamic and moderate.

Good Administration in the Administrative Law of the Republic of Latvia

2020 ◽  
pp. 643-663
Author(s):  
Jānis Neimanis
Keyword(s):  
Legal System ◽  
Administrative Law ◽  
Legal Order ◽  
Council Of Europe ◽  
General Acceptance ◽  
Administrative Procedure ◽  
The Republic ◽  
The Impact

This chapter explores the impact of the pan-European general principles of good administration on the Latvian legal system. The chapter concludes that there is a conceptual match between the administrative law of Latvia and the pan-European general principles of good administration. This, among other things, is reflected by the fact that recommendations of the Council of Europe (CoE) were used as models for complementing the Latvian code of administrative procedure. It furthermore claims that general acceptance of the principle of good administration in the Latvian legal order in particular considerably facilitates reception of the CoE’s work in the realm of administrative law. At the same time the chapter highlights that implementation of the principles of good administration in Latvia could be improved and used in a more precise manner.

The Impact of the Court of Justice of the European Union on the Russian Legal System

2020 ◽  
pp. 143-172
Author(s):  
Paul Kalinichenko
Keyword(s):  
European Union ◽  
Legal System ◽  
Final Section ◽  
Legal Order ◽  
Eu Law ◽  
The European Union ◽  
Court Of Justice ◽  
System P ◽  
The Impact ◽  
Russian Model

This chapter presents the findings of the author on the impact of the Court of Justice of the European Union (CJEU) on the Russian legal system. To start with, this chapter includes a brief description of the background to the modern Russian legal system and, in particular, the structure of the Russian judiciary. The contribution goes on to describe the Russian model for approximating its legal order with EU rules and standards, as well as adding some remarks on the application of EU law by the Russian courts. Then follows an explanation of the specifics of the database used, together with a description and analysis of citation of CJEU decisions by Russian courts in the period 2006–18. Conclusions and recommendations are presented in the final section of the chapter.

Legality Without The Rule of Law? Scott Shapiro on Wicked Legal Systems

2012 ◽  
Vol 25 (1) ◽  
pp. 183-200
Author(s):  
David Dyzenhaus
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Natural Law ◽  
Legal Order ◽  
Legal Positivism ◽  
Legal Systems ◽  
The Rule Of Law ◽  
Moral Quality ◽  
Legal Positivist

InLegality,Scott Shapiro – a leading legal positivist – analyses the problem of a wicked legal system in a way that brings him close to natural law positions. For he argues that a wicked legal system is botched as a legal system and I show that such an argument entails a prior argument that there is some set of standards or criteria internal to law which are both moral and legal. As a result, the more successful a legal order is legally speaking, the better the moral quality of its law, and the more it is a failure morally speaking, the worse the legal quality of its law. It is such moral features of law that Shapiro concedes make it plausible to account for law’s claim to justified authority over its subjects. However, Shapiro cannot, as a legal positivist, accept this entailment. His book thus brings to the surface and illuminates a central dilemma for legal positivism. If legal positivists wish to account for the authority of law they have to abandon legal positivism’s denial that law has such moral features. If they do not, they should revive a form of legal positivism that specifically abjures any claim to account for law’s normative nature.

scholarly journals Legal systems, internationalization and corporate sustainability. An empirical analysis of the influence of national and international authorities

2017 ◽  
Vol 17 (5) ◽  
pp. 861-875 ◽  
Author(s):  
Jacob Hörisch ◽  
Roger Leonard Burritt ◽  
Katherine L. Christ ◽  
Stefan Schaltegger
Keyword(s):  
Legal System ◽  
Management Practices ◽  
Corporate Sustainability ◽  
Relative Effectiveness ◽  
Legal Systems ◽  
Content Type ◽  
Sustainability Practices ◽  
The Impact ◽  
International Sales ◽  
Practical Implications

Purpose This paper aims to compare the influence of different legal systems on corporate sustainability management practices. Against the background of growing internationalization of business activities, it additionally considers whether internationalization allows companies to circumvent the influence of national authorities. Design/methodology/approach Three legal systems are compared using regression analyses of more than 200 large corporations in five countries: common law (USA and Australia), German code law (Germany) and French code law (France and Spain). Findings The impact of national and international authorities is found to be strongest in French code law countries. In addition, the influence of international authorities is stronger for corporations with higher shares of international sales. For both national and international authorities, the degree of internationalization is found to moderate the influence of the legal system on corporate sustainability practices. Practical implications The legal system in place influences the relative effectiveness of national and international authorities over company sustainability practices and needs to be taken into account in policymaking. To be effective, international authorities need to work with or substitute for national authorities in promoting corporate sustainability practices in countries depending on their legal systems. Originality/value This research applies and quantitatively tests La Porta’s (1998) framework on legal systems in the new context of corporate sustainability.

scholarly journals The Impact of Legal Systems on Dividend Payments

2021 ◽  
Vol 16 (1) ◽  
pp. 5-11
Author(s):  
Albi Alikaj ◽  
Aditya Limaye
Keyword(s):  
Legal System ◽  
Significant Relationship ◽  
Individual Factors ◽  
Legal Systems ◽  
Minority Shareholders ◽  
Factors Affecting ◽  
Shareholder Protection ◽  
Dividend Payments ◽  
Percentage Share ◽  
The Impact

Abstract This paper focuses on the amount of dividends paid to shareholders by companies in different countries and examines whether being in a country where the legal system offers weak shareholder protection affects dividend payments distributed to shareholders. The sample used for this study comprises 8,045 companies from 46 countries. Seven individual factors affecting shareholder protection were examined. Out of the seven factors, only two of them provide a significant relationship with dividend payments, and more specifically, the mechanisms put in place by companies to protect oppressed minority shareholders as well as minimum percentage share of capital in order for the shareholders to be eligible to call an extraordinary shareholder meeting.

Sign in / Sign up

Export Citation Format

Share Document