scholarly journals Visualization of Legal Informatics

2021 ◽  
Author(s):  
Friedrich Lachmayer ◽  
Vytautas Čyras
Keyword(s):  
Legal Theory ◽  
Customary Law ◽  
Legal Information ◽  
Positive Law ◽  
Meta Level ◽  
Current Topic ◽  
Legal Informatics ◽  
Legal Document ◽  
The Subject ◽  
The One

This paper explores the subject matter of legal informatics. The life-long work of the first author concerning the visualization and coding of statutes is generalized. Besides positive law and customary law, the emergence of machine law is a current topic of focus in the literature. In machine law, legal acts are posited by machines and not by humans (primarily in a situational context). The transformation of a legal act to a legal document can happen in two ways. First, it is a transformation of the legal act into explicit punctuation, for example, for announcement in the case of laws or for written execution in the case of judgments, and, second, as a trend towards electronic documents. Legal theory forms a meta-level to the law and similarly legal informatics forms a meta-level to legal information. Legal informatics in Austria is based on the work of Ota Weinberger, Ilmar Tammelo and Leo Reisinger and has been developed by Erich Schweighofer in the framework of the IRIS conferences. Legal informatics is distinguished from legal information, whereas legal logic and meta-theories appear on top of legal informatics. In terms of syntax, machine culture is characterized by formal notations. Notations of legal logic are just the beginning; the target is a technical notation, a basis for programming. Visualizations are in the middle. On the one hand, visualizations serve to understand people by breaking away from the textual; on the other hand, by emphasizing the formal they form a bridge to machines. Legal text can be translated directly into formal languages, but visualizations can facilitate this task as an intermediate methodological step. Hans-Georg Fill’s metamodeling can be seen as a metameta-level.

scholarly journals Custom and reason as sources of Japanese law in the Meiji era

2020 ◽  
pp. 19-29
Author(s):  
Vera Romanovskaya ◽  
Vladimir Puzhaev
Keyword(s):  
Civil Code ◽  
Point Of View ◽  
Customary Law ◽  
French Law ◽  
Criminal Cases ◽  
Positive Law ◽  
Meiji Era ◽  
Reported Study ◽  
Legal Document ◽  
Japanese Law

The article explores the role and meaning of custom and reason (jôri) in the system of sources of Japanese law in the Meiji Era. It defines the characteristics of the introduction of Western concepts of custom and customary law into Japanese legal circulation. The focus is on studying the provisions of the Dajōkan Decree no. 103 dated 8 June 1875, which was a key milestone in the regulation of sources of Japanese law in the modern age. The Decree no. 103 established new rules for the administration of justice in civil and criminal cases before Japanese courts. In the context of studying the decree, the article provides an overview of the main comments made by Japanese academics on the preconditions for the emergence of Article 3 of this legal document. Article 3 of the Dajōkan Decree is noteworthy in that it formalised the hierarchy of sources of Japanese private law for the first time, defining custom and reason (jôri) as optional sources of law used by the court in the case of a gap in positive law. From this point of view, Article 3 of the decree was the historical predecessor of the famous Article 1 of the 1907 Swiss Civil Code. In the article, it was also found that the inspiration for Article 3 of the Decree no. 103 was the outstanding French comparator Gustave Boissonade de Fontarabie, who came to Japan in 1873 at the invitation of the Meiji government to help the Japanese modernise their national legal system. With unconditional respect in his host country, Professor Boissonade became an active promoter of the ideas and principles of French law in the Japanese archipelago. Despite the fact that the draft Civil Code prepared by Boissonade has never entered into force, it has been actively used in practice by Japanese courts as “written reason and justice”. With the adoption of the new Japanese Civil Code in 1898, the influence of the Boissonade draft as an optional source of law effectively ceased. However, many of the provisions of the Boissonade Code found their way into the structure of the new Civil Code, so that Japanese courts could now use them as norms of positive law in force. Acknowledgments: The reported study was funded by RFBR, project number 20-011-00034 “Legal views of Gustave Boissonade de Fontarabie and the reception of French law in Japan”.

scholarly journals The Rights of Controlling State in Indonesia Against Land Tenure of Customary Law Community

2021 ◽  
Vol 2 (2) ◽  
pp. 141-148
Author(s):  
Alpi Sahari
Keyword(s):  
Land Tenure ◽  
Legal Pluralism ◽  
Customary Law ◽  
Public Welfare ◽  
Land Law ◽  
Economic Democracy ◽  
National Interests ◽  
Positive Law ◽  
The Government ◽  
The One

In order to achieve public welfare as tasks and responsibilities delegated to the government in the administration of public welfare (bestuurzorg) including the land sector which includes, among others, regulation, implementation of authority to enforcement of land law. Implementation of bestuurzorg by the government is more oriented towards economic democracy so that ignoring the principle of justice for indigenous peoples in controlling land parcels. The method used in this paper is juridical normative by applying an approach to legal principles and a legal synchronization approach both vertically and horizontally to the State's right to control over land tenure by customary law communities. The results show that land tenure for customary law communities in the UUPA emphasizes as long as it still exists and does not conflict with national interests. This implies that there has been legal pluralism. The occurrence of weak legal pluralism in national land law is indicated by the enactment of UUPA and its various implementing regulations as positive law in the form of written state/national law, on the one hand and on the other hand customary law which is generally unwritten and applies specifically to each other. The applicable customary law in each region. Weak legal pluralism is one of the factors causing legal disputes in substantive settings, especially in land disputes over customary rights which affect their implementation in the field and cause injustice. legal pluralism and making UUPA the center of various land regulations (legal centralism), and is the only land rule that applies nationally (legal unification).

scholarly journals Mythologisation of Law by Historical Consciousness

wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 125-137
Author(s):  
Valery MALAKHOV ◽  
Galina LANOVAYA ◽  
Yulia KULAKOVA
Keyword(s):  
Legal Theory ◽  
Social Process ◽  
Historical Consciousness ◽  
Customary Law ◽  
Main Hypothesis ◽  
Historical Interpretation ◽  
The Subject ◽  
Historical Phenomenon ◽  
Legal Concepts ◽  
Legal Understanding

The main objective of this article is to substantiate the fact that historical consciousness as a form of social consciousness is full of the mythologisation of law. The main hypothesis is that only such forms of law as customary law and international law may be considered historical phenomena. Standalone in law, mainly subjective law is not actually a historical phenomenon; therefore, any historical interpretation of it leads to mythologisation. The subject of this study is the mythologisation of law, found in the content of several legal concepts and being present in correlations with basic historical concepts. The complexity of the problem posed is that the very phenomenon of history outside historical consciousness, especially in our time, is constantly subjected to serious mythologisation. The result of the study is the statement that historical legal understanding is not connected with the understanding of the nature of law and does not reveal its essence. The methodological consequence of this for legal theory is the need for concentration on the understanding of the development of law not as a historical, but only as a social process, and for the law itself – as something that exists and makes sense only in the present.

Gwao Bin Kilimo: The Administrators' Reaction

1988 ◽  
Vol 32 (1) ◽  
pp. 64-71
Author(s):  
Andrew Lyall
Keyword(s):  
Customary Law ◽  
Colonial Rule ◽  
African Society ◽  
Law System ◽  
Sharp Focus ◽  
The Social ◽  
The Subject ◽  
The One ◽  
Insight Into

The case of Gwao bin Kilimo v. Kisunda bin Ifuti decided by the colonial courts of the then Tanganyika has always held a certain fascination for those interested in the process of law under colonial rule. This is for a variety of reasons. The case seems to put into sharp focus the conflict between the imposed common law system and the indigenous customary law. This in turn stimulates questions as to the social values that lay, and probably still lie, behind the two systems and the extent to which those values reflect actual differences between the societies in which they developed. Since the conflict arose in a colonial context, the case also raises the question of the rôle of law in such a society and therefore, to some extent, the rôle of law in relation to ideology and political economy in this and in other contexts also. What is less well known is that the case was the subject of comment by colonial administrative officers at the time, comments which point up many of the issues involved and provide some insight into the different perceptions of African society on the part of administrative officers on the one hand and the judiciary on the other.

scholarly journals A philosophy of technology for computational law

2020 ◽  
Author(s):  
Mireille Hildebrandt
Keyword(s):  
Rule Of Law ◽  
Philosophy Of Technology ◽  
Legal Theory ◽  
Legal Protection ◽  
Data Driven ◽  
Checks And Balances ◽  
The Rule Of Law ◽  
Positive Law ◽  
The One ◽  
Automated Decision Making

This chapter confronts the foundational challenges posed to legal theory and legal philosophy by the surge of computational law. Two types of computational law are at stake. On the one hand we have artificial intelligence in the legal realm that will be addressed as data-driven law, and on the other hand we have the coding of self-executing contracts and regulation in the blockchain, as well as other types of automated decision making (ADM), addressed as code-driven law. Data-driven law raises problems due to its autonomic operations and the ensuing opacity of its reasoning. Code-driven law presents us with a conflation of regulation, execution and adjudication. Though such implications are very different, both types of computational law share assumptions based on the calculability and computability of legal practice and legal research. Facing the assumptions and implications of data- and code-driven law the chapter will first investigate the affordances of current, text-driven law, and relate some of the core tenets of the Rule of Law to those affordances. This will lead to an enquiry into three questions that informed this chapter: do code- and data-driven law transform the mode of existence of modern positive law, and if so how? do these new legal tools affect the checks and balances of the rule of law, and if so how? and, do they uproot legal protection, and if so how?

ИЗМЕНЕНИЕ ПАРАДИГМЫ МЕТОДОЛОГИИ ЮРИСПРУДЕНЦИИ

2019 ◽  
Vol 13 ◽  
pp. 32-40
Author(s):  
Ю. М. Оборотов
Keyword(s):  
Legal Theory ◽  
Research Strategy ◽  
The State ◽  
New Paradigm ◽  
Methodological Question ◽  
Modern Development ◽  
Decisive Importance ◽  
The Subject ◽  
Methodological Approaches ◽  
The Law

В современной методологии юриспруденции происходит переход от изучения состо­яний ее объекта, которыми выступают право и государство, к постижению этого объек­та в его изменениях и превращениях. Две подсистемы методологии юриспруденции, подсистема обращенная к состоянию права и государства; и подсистема обращенная к изменениям права и государства, — получают свое отображение в концептуальной форме, методологических подходах, методах, специфических понятиях. Показательны перемены в содержании методологии юриспруденции, где определяю­щее значение имеют методологические подходы, определяющие стратегию исследова­тельских поисков во взаимосвязи юриспруденции с правом и государством. Среди наи­более характерных подходов антропологический, аксиологический, цивилизационный, синергетический и герменевтический — определяют плюралистичность современной методологии и свидетельствуют о становлении новой парадигмы методологии юриспру­денции.   In modern methodology of jurisprudence there is a transition from the study the states of its object to its comprehension in changes and transformations. Hence the two subsystems of methodology of jurisprudence: subsystem facing the states of the law and the state as well as their components and aspects; and subsystem facing the changes of the law and the state in general and their constituents. These subsystems of methodology of jurisprudence receive its reflection in conceptual form, methodological approaches, methods, specific concepts. Methodology of jurisprudence should not be restricted to the methodology of legal theory. In this regard, it is an important methodological question about subject of jurisprudence. It is proposed to consider the subject of jurisprudence as complex, covering both the law and the state in their specificity, interaction and integrity. Indicative changes in the content methodology of jurisprudence are the usage of decisive importance methodological approaches that govern research strategy searches in conjunction with the law and the state. Among the most characteristic of modern development approaches: anthropological, axiological, civilization, synergistic and hermeneutic. Modern methodology of jurisprudence is pluralistic in nature alleging various approaches to the law and the state. Marked approaches allow the formation of a new paradigm methodology of jurisprudence.

“Channeling” the powers of God’s Word

2010 ◽  
Vol 4 (2) ◽  
pp. 135-156 ◽  
Author(s):  
Dorothea E. Schulz
Keyword(s):  
The Other ◽  
Border Zone ◽  
Focus Attention ◽  
Spiritual Power ◽  
New Materials ◽  
God's Word ◽  
Audio Recordings ◽  
Heated Debate ◽  
The Subject ◽  
The One

Starting with the controversial esoteric employment of audio recordings by followers of the charismatic Muslim preacher Sharif Haidara in Mali, the article explores the dynamics emerging at the interface of different technologies and techniques employed by those engaging the realm of the Divine. I focus attention on the “border zone” between, on the one hand, techniques for appropriating scriptures based on long-standing religious conventions, and, on the other, audio recording technologies, whose adoption not yet established authoritative and standardized forms of practice, thereby generating insecurities and becoming the subject of heated debate. I argue that “recyclage” aptly describes the dynamics of this “border zone” because it captures the ways conventional techniques of accessing the Divine are reassessed and reemployed, by integrating new materials and rituals. Historically, appropriations of the Qur’an for esoteric purposes have been widespread in Muslim West Africa. These esoteric appropriations are at the basis of the considerable continuities, overlaps and crossovers, between scripture-related esoteric practices on one side, and the treatment by Sharif Haidara’s followers of audio taped sermons as vessels of his spiritual power, on the other.

Importance of the Intersection of Library and Information Sciences with Systems Theory

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Hannah Lee
Keyword(s):  
System Theory ◽  
General System ◽  
General System Theory ◽  
Von Bertalanffy ◽  
Meta Level ◽  
Professional Field ◽  
The Subject ◽  
Critical Insight ◽  
Insight Into ◽  
Information Sciences

This paper is the attempt to show how system theory could provide critical insight into the transdisciplinary field of library and information sciences (LIS). It begins with a discussion on the categorization of library and information sciences as an academic and professional field (or rather, the lack of evidence on the subject) and what is exactly meant by system theory, drawing upon the general system theory established by Ludwig von Bertalanffy. The main conversation of this paper focuses on the inadequacies of current meta-level discussions of LIS and the benefits of general system theory (particularly when considering the exponential rapidity in which information travels) with LIS.

PHILOSOPHICAL PROPAEDEUTICS IN THE SYSTEM OF PRESCHOOL EDUCATION

2020 ◽  
Vol 22 (11) ◽  
pp. 11-15
Author(s):  
Gan N.Yu. ◽  
Ponomareva L.I. ◽  
Obukhova K.A.
Keyword(s):  
Modern Science ◽  
Preschool Education ◽  
Modern Society ◽  
Social Relevance ◽  
The Social ◽  
Moral Problems ◽  
The Subject ◽  
The One ◽  
The Individual ◽  
And Training

Today, worldview, spiritual and moral problems that have always been reflected in education and upbringing come to the fore in society. In this situation, there is a demand for philosophical categories. One of the priority goals of education in modern conditions is the formation of a reasonable, reflexive person who is able to analyze their actions and the actions of other people. Modern science is characterized by an understanding of the absolute value and significance of childhood in the development of the individual, which implies the need for its multilateral study. In the conditions of democratization of all spheres of life, the child ceases to be a passive object of education and training, and becomes an active carrier of their own meanings of being and the subject of world creation. One of the realities of childhood is philosophizing, so it is extremely timely to address the identification of its place and role in the world of childhood. Children's philosophizing is extremely poorly studied, although the need for its analysis is becoming more obvious. Children's philosophizing is one of the forms of philosophical reflection, which has its own qualitative specificity, on the one hand, and commonality with all other forms of philosophizing, on the other. The social relevance of the proposed research lies in the fact that children's philosophizing can be considered as an intellectual indicator of a child's socialization, since the process of reflection involves the adoption and development of culture. Modern society, in contrast to the traditional one, is ready to "accept" a philosophizing child, which means that it is necessary to determine the main characteristics and conditions of children's philosophizing.

The problem of woman’s emansipation in the feuilleton “Amazonia: a very inept story” by Mykola Chirsky

2020 ◽  
pp. 71-76
Author(s):  
Iryna Rusnak
Keyword(s):  
Scientific Understanding ◽  
The Other ◽  
Literary Studies ◽  
Ethical Guidelines ◽  
Compositional Structure ◽  
Urgent Task ◽  
The Subject ◽  
The One ◽  
Artistic Heritage

The author of the article analyses the problem of the female emancipation in the little-known feuilleton “Amazonia: A Very Inept Story” (1924) by Mykola Chirsky. The author determines the genre affiliation of the work and examines its compositional structure. Three parts are distinguished in the architectonics of associative feuilleton: associative conception; deployment of a “small” topic; conclusion. The author of the article clarifies the role of intertextual elements and the method of constantly switching the tone from serious to comic to reveal the thematic direction of the work. Mykola Chirsky’s interest in the problem of female emancipation is corresponded to the general mood of the era. The subject of ridicule in provocative feuilleton is the woman’s radical metamorphoses, since repulsive manifestations of emancipation becomes commonplace. At the same time, the writer shows respect for the woman, appreciates her femininity, internal and external beauty, personality. He associates the positive in women with the functions of a faithful wife, a caring mother, and a skilled housewife. In feuilleton, the writer does not bypass the problem of the modern man role in a family, but analyses the value and moral and ethical guidelines of his character. The husband’s bad habits receive a caricatured interpretation in the strange behaviour of relatives. On the one hand, the writer does not perceive the extremes brought by female emancipation, and on the other, he mercilessly criticises the male “virtues” of contemporaries far from the standard. The artistic heritage of Mykola Chirsky remains little studied. The urgent task of modern literary studies is the introduction of Mykola Chirsky’s unknown works into the scientific circulation and their thorough scientific understanding.

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