scholarly journals Some thoughts on historical and legal aspects regarding the fourth volume of the “Laws of the Great Ming dynasty” translated into Russian. [Review on:] Svistunova N. P. (transl.), Dmitriev S. V. (ed.). Laws of the Great Ming Dynasty with the Combined Commentary and Enclosed Decrees (Da Ming Liuy Tsi Tze Fu Li). Pt. IV. Moscow: Vostochnaya literature; 2019. 550 p.

2020 ◽  
Vol 3 (4) ◽  
pp. 1202-1214
Author(s):  
R. Yu. Pochekaev ◽  
I. V. Tutaev
Keyword(s):  
Ming Dynasty ◽  
Tang Dynasty ◽  
Legal Aspects ◽  
Chinese Society ◽  
Chinese Law ◽  
Russian Scientific ◽  
Legal Method ◽  
Fourth Volume ◽  
History Of ◽  
History Of Law

The article is a survey of the Russian translation of “Laws of the Great Ming dynasty” in four volumes published since 1997 to 2019. The introduction of this legal monument to the Russian scientific society is of great importance as it substantially expands contemporary idea on Chinese traditional legal system and meets a lack in the history of law ofChinain 14th–17th cc.To survey the legal monument there special legal scientific methods were used. Historical legal approach allowed to trace the creation and acting of this codification in the specific historical circumstances, value its urgency for the epoch of Ming dynasty (1368–1644). Comparative legal method gave an opportunity to compare this legal monument with other codifications of traditional Chinese law since the ancient times to the legislation of Qing, last dynasty of the imperialChina(1644–1911). Formal legal approach provided the analysis of the legal technique of the document, specific features of its structure and content, characteristic of legal terminology, etc.The analysis allowed to appreciate the “Laws of the Great Ming dynasty” at its high value as a source on history, state and law of medievalChina. It had similarities and differences with other sources of traditional Chinese law. Besides, it is of great importance for the further development of legislation of imperialChina.The codification is an important document on statehood and law of the Ming China as it contains valuable information on power system and competence of authorities, basic fields of legal relations in the medieval Chinese society. Its structure is traditional (based on the example of codification of Tang dynasty, 618–907), at the same time it has larger volume and regulates new fields of legal relations, takes into account changes in the internal and externaln status ofChinaafter the expelling the Mongolian Yuan dynasty (1271–1368) and foundation of “national” Ming dynasty. Some principles of domestic and foreign policy of Qing dynasty were legally fixed during the epoch of Ming.The analyzed legal monument is of great interest for researchers of the history ofChina, its state and law. In fact, each chapter as well as specific articles and supplement statements could be a subject of investigation. “Laws of the Great Ming dynasty” also could be used by lecturers of history of state and law and for students who study this discipline.

scholarly journals PEMIKIRAN ISLAM DALAM PEMBENTUKAN NASIONALISME INDONESIA: SEBUAH ANALISIS SEJARAH HUKUM

2019 ◽  
Vol 19 (01) ◽  
pp. 62-79
Author(s):  
Fokky Fuad Wasitaatmadja
Keyword(s):  
Research Method ◽  
Historical Approach ◽  
Legal Method ◽  
Unitary State ◽  
History Of ◽  
History Of Law ◽  
The Republic ◽  
Islamic Values

ABSTRAK Kajian tentang nilai-nilai islam dan kaitannya dengan pembentukan kesadaran nasionalisme menjadi menarik untuk dikaji karena: peran ulama dan para pejuang muslim tersebut tidak lepas dari semangat untuk keluar dan lepas dari penjajahan. Peran para pejuang Islam baik yang berjuang secara fisik maupun yang berjuang dengan pemikiran melalui pena perlu dikaji untuk mengetahui secara historis peran ulama yang sangat penting dalam pencapaian kemerdekaan dan pembentukan Negara Kesatuan Republik Indonesia. Rumusan masalah dalam penelitian ini adalah: bagaimanakah gagasan pembentukan kesadaran kebangsaan para tokoh bangsa ditinjau dari sisi sejarah hukum? Metode penelitian yang digunakan adalah metode hukum normatif dengan pendekatan sejarah hukum. Teori yang digunakan dalam penelitian ini adalah teori sejarah hukum yang dikembangkan oleh Karl von Savigny. Kesimpulan penelitian yang diperoleh adalah: pemikiran K. von Savigny yang melihat sebuah perubahan dari bentuk yang primitif menuju sebuah bentuk modern juga terlihat dalam proses pembentukan kesadaran nasionalisme Indonesia. ABSTRACT The study of Islamic values and their relation to the formation of nationalism awareness is interesting to study because: the role of the ulama and Muslim warriors is inseparable from the spirit to get out and escape from colonialism. The role of Islamic fighters, both those who struggle physically and those who struggle with ideas through a pen, needs to be examined to find out historically the role of the ulema which is very important in the achievement of independence and the formation of the Unitary State of the Republic of Indonesia. The formulation of the problem in this study is: how is the idea of forming national awareness among national figures in terms of the history of law? The research method used is a normative legal method with a historical approach to law. The theory used in this study is the theory of legal63 history developed by Karl von Savigny. The conclusions of the research obtained are: K. von Savigny's thought which saw a change from primitive to modern patterns was also seen in the process of shaping Indonesian nationalism awareness.

scholarly journals Trust Property: Legal Aspects

2020 ◽  
Vol 38 (Especial) ◽  
pp. 383-395
Author(s):  
Oksana Safonchyk ◽  
Kateryna Hlyniana ◽  
Svetlana Mazurenko
Keyword(s):  
Synthesis Method ◽  
Historical Analysis ◽  
Legal Aspects ◽  
Systematic Research ◽  
Analysis Method ◽  
Legal Method ◽  
History Of ◽  
Trust Property ◽  
Anglo American ◽  
Domestic Law

The article is devoted to the history of the emergence and formation of the institution of trust property in relation to various legal systems. The purpose of such a historical analysis of the institution of trust property is to find a possible place of this legal institution in domestic law, because trust property is a relatively new legal construct for Ukrainian law. The relevance of the article is to study the possibility of using the Anglo-American Trust Institute in Ukraine. The object of the study of this article is the legal relations arising from the institute of trust property. Methods of historicism, method of logic, method of analysis, method of synthesis, method of systematic research, and comparative-legal method were used in the study. The authors concluded that the institution of trust property goes back to one of the branches of English law. At the same time, the institution of trust is not inherent in the domestic legal system. However, since the 1990s, the domestic legislator has tried several times to introduce the relevant institution into Ukrainian legislation. So far, all of these attempts have failed.

scholarly journals Characteristic Features of the Civil Code of the People’s Republic of China

2021 ◽  
Vol 16 (12) ◽  
pp. 199-211
Author(s):  
A. P. Alekseenko
Keyword(s):  
Civil Code ◽  
People’S Republic Of China ◽  
Chinese Society ◽  
Legal Analysis ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Chinese Law ◽  
The Status ◽  
History Of ◽  
Characteristic Features

One of the most important events in the history of modern Chinese law was the adoption of the first Civil Code by the National People’s Congress in 2020 and its entry into force in 2021. The work on the code has been going on for a considerable amount of time; its appearance was preceded by several unsuccessful attempts at codification. The paper argues that the Civil Code of the People’s Republic of China is based on the provisions of the continental, general, socialist and traditional Chinese law. Using the method of comparative legal analysis, the features of the structure and content of the Civil Code of the People’s Republic of China were revealed. In particular, a number of provisions related to the digitalization of the economy are highlighted, which can be recommended to be used by the domestic legislator to improve the legislation of Russia. It is argued that although structurally the Civil Code of the People’s Republic of China has original features, it is grounded on the German Civil Code. It is concluded that the section of the code devoted to the property law to the greatest extent reflects the state system existing in the People’s Republic of China. It has also been proven that a number of norms on legal entities and on organizations that do not have the status of a legal entity are formulated based on the traditions of Chinese society.

Editorial Introduction

2020 ◽  
Vol 4 (1) ◽  
pp. 1
Author(s):  
Editors of the JIOWS
Keyword(s):  
Nineteenth Century ◽  
Indian Ocean ◽  
Western Indian Ocean ◽  
Late Nineteenth Century ◽  
Fourth Volume ◽  
History Of ◽  
The Indian Ocean ◽  
Complex Relationships ◽  
Indian Ocean World ◽  
Shed Light

The editors are proud to present the first issue of the fourth volume of the Journal of Indian Ocean World Studies. This issue contains three articles, by James Francis Warren (Murdoch University), Kelsey McFaul (University of California, Santa Cruz), and Marek Pawelczak (University of Warsaw), respectively. Warren’s and McFaul’s articles take different approaches to the growing body of work that discusses pirates in the Indian Ocean World, past and present. Warren’s article is historical, exploring the life and times of Julano Taupan in the nineteenth-century Philippines. He invites us to question the meaning of the word ‘pirate’ and the several ways in which Taupan’s life has been interpreted by different European colonists and by anti-colonial movements from the mid-nineteenth century to the present day. McFaul’s article, meanwhile, takes a literary approach to discuss the much more recent phenomenon of Somali Piracy, which reached its apex in the last decade. Its contribution is to analyse the works of authors based in the region, challenging paradigms that have mostly been developed from analysis of works written in the West. Finally, Pawelczak’s article is a legal history of British jurisdiction in mid-late nineteenth-century Zanzibar. It examines one of the facets that underpinned European influence in the western Indian Ocean World before the establishment of colonial rule. In sum, this issue uses two key threads to shed light on the complex relationships between European and other Western powers and the Indian Ocean World.

Magistri Legis. Eine Studie zur dogmatischen Funktion im industriellen System

2011 ◽  
Vol 2 (2) ◽  
pp. 69-112
Author(s):  
Pierre Legendre
Keyword(s):  
Social Function ◽  
Modern Human ◽  
Human Behaviour ◽  
Cultural Reproduction ◽  
Industrial System ◽  
The West ◽  
History Of ◽  
History Of Law ◽  
New Look

"Der Beitrag reevaluiert die «dogmatische Funktion», eine soziale Funktion, die mit biologischer und kultureller Reproduktion und folglich der Reproduktion des industriellen Systems zusammenhängt. Indem sie sich auf der Grenze zwischen Anthropologie und Rechtsgeschichte des Westens situiert, nimmt die Studie die psychoanalytische Frage nach der Rolle des Rechts im Verhalten des modernen Menschen erneut in den Blick. </br></br>This article reappraises the dogmatic function, a social function related to biological and cultural reproduction and consequently to the reproduction of the industrial system itself. On the borderline of anthropology and of the history of law – applied to the West – this study takes a new look at the question raised by psychoanalysis concerning the role of law in modern human behaviour. "

BIOETHICAL AND LEGAL ASPECTS OF THE USE OF ANIMALS FOR SCIENTIFIC PURPOSES

2020 ◽  
pp. 10-15
Author(s):  
D. A. Lebedeva ◽  
Yu. A. Shcheglov
Keyword(s):  
Legal Aspects ◽  
Modern Concept ◽  
Member States ◽  
Ethical Attitude ◽  
Eu Directive ◽  
History Of ◽  
History Of Bioethics ◽  
The Eu

This work scrutinizes modern bioethical concepts of the use of animals for scientific purposes, as well as legal aspects of its use. Initially, the authors present a brief excursion into the history of bioethics and then focus on the modern concept of ethical attitude to the animals used for scientific purposes. The authors analyze the EU Directive on the protection of animals used for scientific purposes, as well as the EAEU acts and by-laws of the EAEU member states, and conclude that it is necessary to adopt a supranational act within the EAEU that will regulate the use of animals for scientific purposes in accordance with the principles of reduction, replacement and refinement.

Saving the Nation

2020 ◽  
Author(s):  
Thomas H. Reilly
Keyword(s):  
Twentieth Century ◽  
Social Reform ◽  
Social Role ◽  
Urban Life ◽  
Chinese Society ◽  
Social Revolution ◽  
Social Christianity ◽  
History Of ◽  
Urban Elite ◽  
Justice And Mercy

This book is a history of the Chinese Protestant elite and their contribution to building a new China in the years from 1922 to 1952. While a small percentage of China’s overall population, China’s Protestants constituted a large and influential segment of the urban elite. They exercised that influence through their churches, hospitals, and schools, especially the universities, and also through institutions such as the YMCA and the YWCA, whose membership was drawn from the modern sectors of urban life. These Protestant elites believed that they could best contribute to the building of a new China through their message of social Christianity, believing that Christianity could help make Chinese society strong, modern, and prosperous, but also characterized by justice and mercy. More than preaching a message, the Protestant elite also played a critical social role, through their institutions, broadening the appeal and impact of social movements, and imparting to them a greater sense of legitimacy. This history begins with the elite’s participation in social reform campaigns in the early twentieth century, continues with their efforts in resisting imperialism, and ends with their support for the Communist-led social revolution.

Law in Common

2019 ◽  
Author(s):  
Tom Johnson
Keyword(s):  
Fifteenth Century ◽  
Social History ◽  
Social Practice ◽  
Local Governance ◽  
Common People ◽  
Legal Documents ◽  
Economic Practice ◽  
History Of ◽  
History Of Law ◽  
Late Medieval England

There were tens of thousands of different local law-courts in late-medieval England, providing the most common forums for the working out of disputes and the making of decisions about local governance. While historians have long studied these institutions, there have been very few attempts to understand this complex institutional form of ‘legal pluralism’. Law in Common provides a way of apprehending this complexity by drawing out broader patterns of legal engagement. The first half of the book explores four ‘local legal cultures’ – in the countryside, towns and cities, the maritime world, and Forests – that grew up around legal institutions, landscapes, and forms of socio-economic practice in these places, and produced distinctive senses of law. The second half of the book turns to examine ‘common legalities’, widespread forms of social practice that emerge across these different localities, through which people aimed to invoke the power of law. Through studies of the physical landscape, the production of legitimate knowledge, the emergence of English as a legal vernacular, and the proliferation of legal documents, it offers a new way to understand how common people engaged with law in the course of their everyday lives. Drawing on a huge body of archival research from the plenitude of different local institutions, Law in Common offers a new social history of law that aims to explain how common people negotiated the transformational changes of the long fifteenth century through legality.

Reading Max Weber's Sociology of Law

2020 ◽  
Author(s):  
Hubert Treiber
Keyword(s):  
Sociology Of Law ◽  
Important Work ◽  
Research Setting ◽  
Stages Of Development ◽  
History Of ◽  
History Of Law ◽  
The Law ◽  
Comprehensive Study

More than a simple guide through a complicated text, this book serves both as an introduction and as a distillation of more than thirty years of reading and reflection on Max Weber's scholarship. It is a solid and comprehensive study of Weber and his main concepts. It also provides commentary in a manner informed both historically and sociologically. Drawing on recent research in the history of law, the book also presents and critiques the process by which the law was rationalized and which Weber divided into four ideal-typical stages of development. It contextualizes Weber's work in the light of current research, setting out to amend misinterpretations and misunderstandings that have prevailed from Weber's original texts. Ultimately, this volume is an important work in its own right and critical for any student of the sociology of law.

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