scholarly journals NECESSARY AND SUFFICIENT LEGAL KNOWLEDGE OF A FUTURE HISTORY AND LEGAL TEACHER

Author(s):  
Дар’я Коваль

The article defines the category of “knowledge of the law”, reveals their components ‒ the level, scope and content of legal information. The relation between the concepts of “information” and “knowledge” has been established. Necessary and sufficient legal knowledge for the future teacher of history and jurisprudence have been identified, which includes: a system of historical, legal and psychological-pedagogical knowledge necessary and sufficient for professional activity, their breadth, volume, depth; mastering the process of acquiring this knowledge with subsequent use of it in educational and legal activities; focus on studying the law, legal literature, solving legal situations and considering social and legal problems, seeking information on changes in the social and legal life of society and the state, studying historical and legal disciplines, the legal status of a person, free operation of elementary legal concepts, awareness of the need for legal knowledge, knowledge of human and child rights in future professional activity and their proper application in defending their views, positions. The levels of legal knowledge sufficiency are set: high, medium, low, according to the characteristics: breadth of legal knowledge, their volume, depth. The high level includes students whose breadth, volume, depth of legal knowledge make it possible to always find the right legal criterion for personal action, on the one hand, and on the other, require legitimate behaviour and correct judgment from others. For intermediate-level students, interest in legal knowledge is limited to the “required” curriculum. Students with low levels of interest in law are unstable, with many gaps in legal knowledge. In general, the level of knowledge is insufficient to understand legal relations. Students do not have the necessary skills and abilities to conduct law enforcement work with students.

2019 ◽  
Vol 34 (5) ◽  
pp. 1523-1528
Author(s):  
Esikova Tatiana ◽  
Krivykh Sergei

the article presents a personal approach to the study of legal consciousness. Legal consciousness develops in accordance with the stages of age development in stages, in the following sequence: undifferentiated moral and legal ideas, legal ideas, basic legal concepts, scientific concepts. Legal consciousness is considered from the psychological point of view in the context of the development of a positive attitude to the law not only through the interiorization of legal knowledge, but also through reflection and anticipation. Reflection determines the awareness of the right, allows you to select from the socio-cultural space of the values and meanings of the right, available for perception and understanding of the individual at different age stages. Anticipation allows you to build a generalized image of the world in the legal reality, to predict the necessary-transformation to achieve the ability to realize the right to interiorservice knowledge of law and practice in good behavior. The psychological mechanism of functioning of legal consciousness is social learning reflection and anticipation in the analysis of the legal reality of the student in the education system. Legal consciousness develops as a realistic view of not only the acquisition of legal knowledge, and in the process of social learning, reflection and analysis of personality legal reality, decentration and understanding of the legal field of other people, and based on them build in the process of anticipation of the image of "I – legal person". For the correct process of social learning is necessary purposeful work in the educational environment, starting with primary school age. The study shows that the teaching of legal concepts is quite productive in the educational environment and the cognitive component of legal consciousness is activated at a high level. However, for a positive attitude to the right of the individual and the development of the need for lawful behavior, it is necessary to use the evaluative, moral, creative and regulatory components of legal consciousness. This study revealed significant differences in the influence of external and internal factors on the development of legal consciousness of the younger student. Childhood is the most sensitive period for the beginning of the development of legal consciousness. Legal consciousness of personality of Junior schoolboy is the sphere of individual consciousness, reflects the surrounding reality in the process analysis and mapping of phenomena and events of life with the basic ideas and initial concepts on the law, generating a personal relationship to the events through the prism of perception that lead the consciousness on the fulfillment of legal norms and regulating the child's behavior. In adolescence, legal nihilism appears under unfavorable conditions of development. Types of legal consciousness of a Mature person are: legal realism, legal infantilism, legal nihilism, legal indifference.


2020 ◽  
pp. 55-61
Author(s):  
Khrystyna Romaniv

Problem definition. Modern legal activities are inextricably linked with ICT, and therefore information culture as acomponent of professional legal consciousness of a law student is no less relevant, since new generation of legalprofessionals must efficiently apply the acquired knowledge, influence development of democratic, rule-of-law state andcivil society.ICT contributes to formation of a unified European educational space and professional growth of future lawyers. Inaddition, accelerating the pace of information creation and dissemination allows a law student to expand their intellectualpotential. After all, a lawyer faces processing of large amounts of legal information in the professional activity, which isassociated with various legal facts, offenses and their overcoming, various legal relations and law and order. To resolvequickly legal situations, a lawyer has to use ICT aiming at assistance in systematization and provision of quick access tolegal information. Accordingly, it is today important to teach a law student not only basic legal knowledge, but also theability to respond quickly and find solutions to various legal situations. Analysis of the last researches and publications. The issue of professional skills formation in law students usingICT has not been elaborated in scientific literature. However, some authors are close to the topic we have chosen bydisclosing such issues as: ICT use in education and legal in particular. Such researchers include: B. Hershunskyi,R. Hurevych, V. Zelinska, M. Kademiia, М. Kozer, V. Lusha, N. Lohinova, S. Netiosova, N. Rusina, І. Savchenko,О. Fedorchuk, М. Sherman, S. Shyika, О. Shmyrov et al. Article objective. Elaboration of ICT importance as a tool for learning the law through establishment of stages oflaw student’s professional skills formation. Article’s main body. Professionalism is formed primarily through education, therefore a professional lawyer is aself-establishment in the field of law through knowledge and skills. The literature analysis showed that the importance ofinformation and communication technologies as a law knowledge tool can be revealed by establishing the stages of formationof professional skills of law student, in particular: 1) preparation, receipt, collection and exchange of legal informationduring learning; 2) expanding the range of cognitive activity; 3) formation of legal knowledge, their preservation;4) formation of legal thinking in a law student; 5) formation of moral and legal ideals of the future lawyer; 6) emergenceof research and practical skills.It is revealed that the emergence of research and practical skills is evidence of information and legal competence,which is the basis of professional skills of the future lawyer. Legal competency means a set of professional knowledge related to legal information, a variety of application software skills and information skills to use the ICT to solve differentprofessional problems. Conclusions and prospects for the development. It is proved that the ICT in the preparation of law students helpsto increase the professional capacity of a young specialist to perform future legal activities and leads to enrichment ofpedagogical and organizational activity of higher educational institutions with the following opportunities: extension ofthe information component of the professional skills of the law student, which is possible through the computer use andis manifested in the following: timeliness in obtaining complete and reliable information, minimizing time when seekinglegal information; ability to process significant volumes of legal information, ability to use different types of legalinformation source, ability to create their own databases of legal information; improvement of practical skills throughmodeling of different legal situations or their computer visualization, which may arise in professional activity; expansionof orientation skills, which is the speed of responding to changes and additions in the current legislation, ability to finduseful legal information in the short term; improvement of analytical skills through continuous monitoring of legalinformation and speeding up the transfer of legal experience.


2021 ◽  
Vol 11/1 (-) ◽  
pp. 31-36
Author(s):  
Volodymyr TSIUPRYK

Introduction. Nowadays, the issue of determining the legal status of the company's share in the own authorized capital of LLC and TDV has become quite acute, as evidenced by the adoption on July 28, 2021 by the Commercial Court of Cassation in Case № 904/1112/20, in which the Court established a new approach legal nature of such a phenomenon and expressed his own position on the understanding of the legislation concerning the legal status of the share of LLC and TDV in its own authorized capital. Given that a limited liability company is the most popular type of legal entity that is chosen to conduct business in Ukraine, the analysis of this issue is relevant. Some scientific value for the development of the transfer of the participant's share are the works of individual authors devoted to the study of the legal nature of the share in the authorized capital but the problems arising around the legal status of the company. in their own authorized capital in these works were only mentioned along with others, but did not receive a detailed separate study. The purpose of the paper is to analyze the normative regulation of the legal status of the company's share in the own authorized capital of LLCs and ALCs, identification of shortcomings in their legal regulation and implementation, as well as the search for ways to eliminate them. Results. One of the most relevant decisions concerning the subject of this article is the Judgment of the Commercial Court of Cassation in case № 904/1112/20 of July 28, 2021. The court in this case found that the votes attributable to the share belonging to the company itself are not taken into account when determining the results of voting at the general meeting of participants on any issues. However, Ukrainian legislation does not contain any direct norms that would prohibit the exercise of the right to manage a company in relation to itself on the basis of a share in its own authorized capital. That is why the company cannot be a participant in relation to itself, although they seem logical, but do not have sufficient regulatory support, and therefore do not allow to be firmly convinced of their compliance with the law. In view of this, it can be stated that there is a significant gap in the national legislation on this issue, which, in our opinion, the Court failed to “fill” with this decision in the case. Conclusion. In the Ukrainian legislation at the level of the Law of Ukraine “On Limited and Additional Liability Companies” Article 25 defines the possibility for a company to acquire a share in its own authorized capital. However, the regulation of the legal status of such a share cannot be called sufficient, due to which in practice there are certain problems in the implementation of the provisions of the legislation concerning the share of the company in its own authorized capital. The solution of these legal problems is necessary to ensure the highest quality and clarity of the law, as well as to form case law with common approaches to understanding a single rule.


2019 ◽  
Vol 12 (3) ◽  
Author(s):  
Ricardo Morais Pereira ◽  
Sônia Aparecida Siquelli

This article analyzes the pedagogical ideas of legal education in Brazil, in a historical and political perspective, seeking to question how positivist thought has exerted and still exerts influence in the formation of Law professionals, since, at present, the egress profile has was shown with the characteristics of a technical professional, who was often incapable of exercising a reflection of his own practice. Conceived in the nineteenth century, the positivist school, whose precursor was the philosopher Augusto Comte, maintained that only the laws established by science should be accepted. In the juridical field, positivism was elaborated in detail by the Austrian jurist and philosopher Hans Kelsen in his work "Pure Theory of Law", which corroborated the influence of philosophical positivism in the legal field, by maintaining that only the law is able to fully realize the Right. For the rigid thought, the norm is sufficient, being the main source of the Law, prevailing over all the others. The methodology used in the research was of a qualitative nature, developed from a bibliographic analysis of the philosophical legal concepts that compose the formation of this professional. A documentary investigation was also made in the curricular guidelines pointed out by the Ministry of Education and Culture (MEC). The final results of this research identified that legal positivism continues to influence the formation of the bachelor of Law. However, it is not the only factor that forges the current legal professional.ResumoO presente artigo analisa as ideias pedagógicas do ensino jurídico no Brasil, numa perspectiva histórica e política, buscando questionar como o pensamento positivista exerceu e ainda exerce influência na formação dos profissionais do Direito, uma vez que, atualmente, o perfil do egresso tem se mostrado com características de um profissional técnico, entretanto incapaz muitas vezes de exercer uma reflexão de sua própria prática. Concebida no século XIX, a escola positivista, que teve como precursor o filósofo Augusto Comte, sustentava que apenas as leis estabelecidas pela ciência deveriam ser aceitas. No campo jurídico, o positivismo foi detalhadamente trabalhado pelo jurista e filósofo austríaco Hans Kelsen em sua obra “A Teoria Pura do Direito”, que corroborou a influência do positivismo filosófico no campo jurídico, ao sustentar que apenas a lei é capaz de realizar plenamente o Direito. Para o rígido pensamento, a norma se basta, sendo a principal fonte do Direito, prevalecendo sobre todas as demais. A metodologia empregada na pesquisa foi de natureza qualitativa, desenvolvida a partir de uma análise bibliográfica dos conceitos filosóficos jurídicos que compõem a formação deste profissional. Também foi feita uma investigação documental nas diretrizes curriculares apontadas pelo Ministério da Educação e Cultura (MEC). Os resultados finais desta pesquisa identificaram que o positivismo jurídico continua influenciando a formação do bacharel do Direito. No entanto, não é o único fator que forja o atual profissional da área jurídica.Keywords: Positivism, Legal positivism, Curricular guidelines, Bachelor's degree in law.Palavras-chave: Positivismo, Positivismo jurídico, Diretrizes curriculares, Bacharelado em direito.ReferencesBITTAR, E. C. B. Curso de filosofia do direito. 4 ed. São Paulo: Atlas, 2005.BRASIL. Constituição (1988). Constituição da República Federativa do Brasil. Brasília, DF: Senado Federal: Centro Gráfico, 1988. 292 p.BRASIL. Resolução CNE/CES n. 9/2004. Brasília: CNE, 2004.COMPARATO, F. K.  Ética: direito, moral e religião no mundo moderno. 3 ed. São Paulo: Companhia das Letras, 2016.COMTE, A. Comte (Os pensadores) Curso de filosofia positiva; Discurso sobre o espírito positivo; Discurso preliminar sobre o conjunto do positivismo; Catecismo positivista. São Paulo: Abril Cultural, 1978.DELBONO, B. F. Os Direitos difusos e coletivos como componentes obrigatórios na organização curricular das faculdades de direito do Brasil. 2007. Tese (Doutorado em Direito das Relações Sociais), Pontifícia Universidade Católica de São Paulo, São Paulo, 2007.KELSEN, Hans. Teoria geral das normas. Tradução de Jose? Florentino Duarte. Porto Alegre: Fabris, 1986.KELSEN, Hans. Teoria Geral do Direito e do Estado. São Paulo: Martins Fontes, 1998a.KELSEN, Hans. Teoria pura do direito. Tradução: João Baptista Machado. 6 ed. São Paulo: Martins Fontes, 1998b. MENDONÇA, J. S. Curso de Filosofia do Direito: o homem e o Direito. 2 ed. São Paulo: Rideel, 2011.MOSSINI, D. E. S. Ensino jurídico: história, currículo e interdisciplinaridade. 2010. Tese (Doutorado em Educação). Pontifícia Universidade Católica de São Paulo – PUC-SP, São Paulo, 2010.MOTTA, C. D. B; BROLEZZI, A. C. A influência do positivismo na história da educação matemática no Brasil. Universidade de São Paulo, 2008. OLIVEIRA, A. G. de. Filosofia do Direito. São Paulo: Editora Saraiva, 2012.REALE, M. Lições preliminares de Direito. 27 ed. São Paulo: Saraiva, 2002.ROCHA, J. L. A educação matemática na visão de Augusto Comte. 2006. Tese de Doutorado em Educação. Pontifícia Universidade Católica do Rio de Janeiro, 2006.ROCHA. L. S. Epistemologia e democracia. 2 ed. São Leopoldo: Unisinos, 2003.SAVIANI, D. A educação na Constituição Federal de 1988: avanços no texto e sua neutralização no contexto dos 25 anos de vigência. Revista Brasileira de Política e Administração da Educação, v. 29, n. 2, p. 207-221, maio/ago. 2013.SAVIANI, D. História das ideias pedagógicas no Brasil. Campinas: Autores Associados, 2007. SIMIONI, R. L. Curso de hermenêutica jurídica contemporânea: do positivismo clássico ao pós-positivismo jurídico. Curitiba: Juruá, 2014.SANCHES, R. C. F.; PEREIRA, N. C. F. O ensino dogmático do direito como elemento limitador à universalização do acesso à justiça. XVIII CONGRESSO NACIONAL DO CONPEDI. Anais...  São Paulo, 2009.WARAT, L. A. A pureza do poder: uma análise crítica de teoria jurídica. Florianópolis: Ed. da UFSC, 1983.WARAT, L. A. Introdução geral ao direito: a epistemologia jurídica da modernidade. Porto Alegre:  Safe, 2002.WARAT, L. A. Introdução geral ao direito: O direito não estudado pela teoria jurídica moderna. Porto Alegre: Safe, 1997.WARAT, L. A. Saber crítico e senso comum teórico dos juristas. In: Seqüência. UFSC, Florianópolis, SC, Brasil, ISSNe 2177-7055, 1982.WOLKMER, A. C. História do Direito no Brasil. 2 ed. Rio de Janeiro: Editora Forense, 2000. 


2019 ◽  
pp. 172-202
Author(s):  
Richard Taylor ◽  
Damian Taylor

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. This chapter is concerned with the territory just beyond the borders of the contract, where we find the representations which are not part of the contract but which influenced its creation and which, if false, are remedied by the law on misrepresentation. The discussions cover the key elements of the definition of misrepresentation; the differences between fraudulent, negligent and innocent misrepresentations; and the remedies of rescission and the various rights to damages. This also includes the bars on the right to rescind, the principles of assessment of damages and the controls on excluding liability for misrepresentation.


2014 ◽  
Vol 46 (3) ◽  
pp. 581-584 ◽  
Author(s):  
Sarah Abrevaya Stein

In the spring of 1902, Miryam bint Lalu Partush appealed to military representatives in Ghardaïa, in the Mzab Valley (a valley of five fortified oasis cities in the northern Algerian Sahara, six hundred kilometers south of Algiers), for the paperwork that would allow her to undertake a six-month pilgrimage to Jerusalem with her husband, the wealthy merchant Musa (Moshe) bin Ibrahim Partush. Miryam Partush was unusual in possessing the means for such a rare, costly voyage; but notwithstanding her class, Partush's legal status was typical of most Muslims and southern Algerian Jews in Algeria. She was not a citizen, nor did she hold official papers of any kind. When Miryam Partush appealed to the military authorities in Ghardaïa, then, she was appealing for many things: for the right to leave her native valley and travel to the port of Algiers; for the papers that would allow her to cross colonial boundaries; and for the documentation that would register her liminal legal identity. Authorizing her travel, Algeria's governor-general named Partush a “non-naturalized Jew from the Mzab.” Thus did Partush embark on her six-month journey with a negative legal identity: this Jewish woman was definable, in the eyes of the law, only by what she did not possess.


1959 ◽  
Vol 53 (3) ◽  
pp. 564-594 ◽  
Author(s):  
Leo Gross

Since the United Nations Emergency Force moved in and occupied the heights overlooking the Straits of Tiran, the Gulf of Aqaba has been quiet. Ships, including Israel flag ships, move freely in and out. The right of passage claimed by Israel and other states was discussed in the Security Council in 1954, in the International Law Commission in 1956, in the General Assembly in 1956-57, and again at the Geneva Conference on the Law of the Sea February 24-April 27, 1958, and will be analyzed here. It should be stated at the outset that Israel's boundaries, including the strip at the northern end of the Gulf of Aqaba, are not an issue here. Nor is the Arab claim that a state of war continues to exist pertinent in determining the legal status of the Gulf and the Straits, although it obviously has some bearing on the availability to Israel of the right of “innocent” passage.


Islamovedenie ◽  
2021 ◽  
Vol 12 (3) ◽  
pp. 89-101
Author(s):  
Dzhamali Tofikovich Kuliev ◽  

This article appears to be the result of extensive research dedicated to the question of the correct use of the common language while studying Islamic legal culture, and particularly the con-cepts of sin and crime. Consisting of the Quran and Sunnah of the Prophet Muhammad, Sharia turns out to be the basis for fiqh and Islamic law. The latter is a legal phenomenon implying differ-ent legal concepts such as crimes. As we can see from the legal works analysed, the authors often synonymise the terms ‘sin’ and ‘crime’; at the same time it is strongly recommended to differentiate these terms in the context of Sharia, fiqh and Islamic law. However, in our opinion, it is necessary to distinguish between these two categories, since Sharia that deals only with sins is a set of reli-gious norms not relevant to law and jurisprudence. There is no doubt that Sharia norms can be re-flected in the law, but it is just another evidence of Islamic law to be based on Sharia. Quite the con-trary, crime is a legal concept established by legislation. There are times when Sharia, legislation and legal doctrines coincide, and the same act can be considered both as a sin and as a crime, but it does not mean that they are identified. Thus, the novelty of the study consists in the distinction between the concepts of ‘sin’ and ‘crime’ in Sharia and Islamic Law. Besides, having finished the research in such categories as ‘qisas’, ‘diya’ and ‘tazir’, the author comes to a conclusion that the states which hold themselves out to be ‘Islamic’ ought to include these types in their legislation. Elsewise, such states do not have the right to be called ‘Islamic’.


2021 ◽  
pp. 25-45
Author(s):  
Gary Watt

Without assuming prior legal knowledge, books in the Directions series introduce and guide readers through key points of law and legal debate. Questions, diagrams and exercises help readers to engage fully with each subject and check their understanding as they progress. There are many kinds of trusts performing different functions. Private family trusts of the orthodox type are different from special trusts such as pension trusts and charitable trusts, and the so-called ‘NHS trust’. The diversity of functions performed by trusts explains why there is diversity within the law of trusts. This chapter provides an overview of trusts, including their usefulness, how they differ from other legal concepts (contracts, debt, powers, agency), the different trust types, the role of trusts in asset protection and the social significance of trusts. It looks at special categories of trusts and trustees, including bare trusts, protective trusts, pension fund trusts and asset protection trusts.


2017 ◽  
Vol 18 (6) ◽  
pp. 1429-1496 ◽  
Author(s):  
Leesi Ebenezer Mitee

This Article examines the desirability of the universal recognition of the right of public access to legal information as a human right and therefore as part of a legal framework for improving national and global access to legal information. It discusses the right of public access to legal information as a legal right and the importance of its international human rights framework. The Article argues that every person has the right of public access to legal information, which casts a legal and moral duty on every government and every intergovernmental organization (IGO) with judicial and legislative functions to provide adequate and free access to its laws and law-related publications. It argues further that every government can afford the provision of adequate public access to its legal information and that the lack of political will to do so is the preeminent factor responsible for inadequate—and in some cases extremely poor—public access. Additionally, this Article advocates the universal recognition of the right of public access to legal information as a human right and makes a proposal for a UN Convention on the Right of Public Access to Legal Information. It provides the essential contents of the proposed UN Convention which incorporate The Hague Conference Guiding Principles to be Considered in Developing a Future Instrument. These contents provide valuable input for urgent interim national and regional laws and policies on public access to legal information, pending the Convention's entry into force. The proposed UN Convention will significantly enhance global access to official legal information that will promote widespread knowledge of the law. It will also facilitate national and transnational legal research and remedy the chronic injustice from liability under inaccessible laws under the doctrine of “ignorance of the law is no excuse”—which is similar to liability underex post factoand nonexistent laws—and promote the proposed doctrine of “ignorance of inaccessible law is an excuse.”


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