scholarly journals НАСТУПНІСТЬ ПРАВА ЯК ЗАГАЛЬНОТЕОРЕТИЧНА КАТЕГОРІЯ В ДОСЛІДЖЕННІ ТРАНЗИТИВНОСТІ ПРАВА

2019 ◽  
Vol 14 ◽  
pp. 234-243
Author(s):  
Л. Г. Матвеева
Keyword(s):  
Lived Experience ◽  
Social Relations ◽  
Legal System ◽  
Legal Framework ◽  
Legal Regulation ◽  
Legal Traditions ◽  
The Social ◽  
The Law ◽  
Theoretical Category ◽  
Sense Of Justice

У статті розглядається проблематика наступності права як загальнотеоретичної кате­горії, аналізуються різні позиції щодо сутності наступності права. Виявляються й аналізу­ються фактори, які зумовлюють наступність права. До соціальних факторів наступності в праві слід відносити фактори розвитку суспільства, державну волю. Виділяється такий соціальний і водночас правовий фактор, як традиції правового регулювання, до яких різні автори відносять об'єднання різних цівілізаційних моделей і правової системи. Наступність у праві може виражатися в правових нормах, правових інститутах, право­свідомості, правовій поведінці. Найбільш яскраво наступність права проявляється в коди­фікованих нормативно-правових актах і правових звичаях. Наступність права є важливим механізмом, завдяки якому відбувається оновлення нормативно-правової бази регулювання суспільних відносин, зберігається цінний накопичений і пережитий досвід. Поряд із вивченням наступності права в законодавстві та юридичній практиці також розглядається наступність у юридичній науці. Зроблено висновок, що наступний зв'язок у праві дозволяє виявити співвідношення вибудованої вітчизняної державно-правової систе­ми та конкретних історичних умов її існування.   The article deals with the problems of law succession as a general theoretical category; it is analyzed different points of view concerning the nature ot law succession. It is identified and analyzed the factors that determine the law continuity. The social factors of continuity in the law should include; factors of development of society, a will of state. It is distinguished at the same time a social and legal factors as the tradition of legal regulation to which different authors include unification of different civilizational model and the legal system. Law succession may be expressed in the law and legal institutions, sense of justice, legal behavior. The law succession is manifested most clearly in codified legal acts and legal traditions. The law succession is an important mechanism by which updates the legal framework regulating social relations and saved valuable lessons, a lived experience. Along with the study of law succession in legislation and legal practice, it is considered the continuity in jurisprudence. It is concluded that the successive link in the law ratio reveals the architecture of the domestic state legal system and the specific historical conditions of its existence.

The Expanding, Lop-Sided Universe of Social Influence and Law Research

2016 ◽  
Author(s):  
Linda Demaine ◽  
Robert Cialdini
Keyword(s):  
Social Influence ◽  
Legal System ◽  
Psychological Research ◽  
Legal Regulation ◽  
Uneven Distribution ◽  
Everyday Lives ◽  
The Social ◽  
System 2 ◽  
The Law ◽  
The Many

This chapter explores “social influence and the law,” which we conceptualize as consisting of three parts: (1) social influence in the legal system, (2) the legal regulation of social influence in our everyday lives, and (3) law as an instrument of social influence. Within each part, we identify the primary topics that psychologists have studied empirically and review the existing research. The chapter thus highlights the many and varied contributions of psychologists related to social influence and the law. The chapter also reveals a marked imbalance in the social influence and law literature—the vast majority of psychological research falls within the first part, despite the fact that the second and third parts capture equally or more important topics from both legal and psychological viewpoints. We end the chapter by explaining this uneven distribution of effort and urging psychologists to take a broader approach to social influence and the law.

New Regulation Vectors — “Alternative” Right?

2016 ◽  
Vol 4 (4) ◽  
pp. 0-0
Author(s):  
YUriy Tikhomirov
Keyword(s):  
Self Regulation ◽  
Legal Framework ◽  
Legal Regulation ◽  
Power Struggle ◽  
Legal Rules ◽  
The Social ◽  
International Obligations ◽  
The Law ◽  
Effective Use ◽  
Law Making

Manifestations of crisis in Russia and other courtiers stimulate the effective use of law resources. Complicated processes in legal sphere encourage exploration of their tendencies and new vectors. Acknowledgement of the supremacy of law is not accompanied by a single-line trend of ensuring its actual high role in the society, one can observe phenomena of lawlessness and legal nihilism. That is why it is important to search for new aspects of legal regulation, among other things, by means of using alternative social regulators. In particular, we mean other alternative social norms that do not contradict the law, including non-state sources of law-making and self-regulation. Such phenomena can be observed both in the national law and in the sphere of international legal regulation where new forms of international obligations and self-commitments of states are successfully applied along with the traditional contract forms. Tangling of the abovementioned vectors is weakened by the tendency to power struggle with the law, when violence breaks down the legal framework foundations. That is why values, principles and fair legal rules enrich the social potential of the law.

A Conceptual Framework for Regulating Customary Law within Pluralistic African States: Reassessing Justice Sector Reforms for Reconciling Legal Traditions

2020 ◽  
Vol 9 (2) ◽  
pp. 245-270
Author(s):  
Julie Ynès Ada Tchoukou
Keyword(s):  
Legal System ◽  
Structural Changes ◽  
Wide Spectrum ◽  
Legal Framework ◽  
Legal Regulation ◽  
Customary Law ◽  
Legal Traditions ◽  
Independent States ◽  
Traditional Institutions ◽  
Customary Laws

Customary law and traditional institutions once constituted the comprehensive legal system regulating a wide spectrum of activities within African states. However, colonialism created a framework for the politics of legal dualism, which led to a process of transformation and shift in the nature of structures and practices of states. As such, now independent states are constantly trying to identify ways to sustain the cultural heritage reflected in customary laws and institutions, as they attempt to also function as modern democratic states. Scholars have highlighted the practical and structural changes that need to be made to ensure effective regulation of customary law. To this work, my paper provides a framework to supplement current judicial reforms within African states. I argue that for customary law to be effectively used as a mechanism for legal regulation within cultural communities, the current legal framework within African states needs to move beyond the idea of legal recognition and tolerance, to one that reconciles the complexities of different legal traditions.

scholarly journals The principle of legality in the activities of the police during the use of technical means of recording administrative offenses

2020 ◽  
pp. 208-213
Author(s):  
Yevhen Bakutin
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Basic Principles ◽  
Legal Norms ◽  
Legal Principles ◽  
The Social ◽  
Preservation Of Evidence ◽  
Principle Of Legality

The article covers the analysis of the basic legal principles, in particular the principle – legality. In modern conditions, lawenforcement police cannot be successfully carried out without proper application of advances in science and technology. The role andpurpose of science – the search for problem areas, their research and suggestions for ways to eliminate shortcomings and areas forimprovement. Among the basic principles that contribute to the quality implementation, development and use of technical means are:legality; efficiency; ethics; scientificity; security; preservation of evidence, etc.In the context of understanding principles, it is a means to ensure the integrity of the legal system and the effectiveness of law asa social regulator. Considering the scope of the use of technical means for fixing offenses, the principles that are specified to this objectof legal regulation, can contribute to the effectiveness of police law. Effectiveness in this sense is considered as a resultant influence ofthe law with the achievement of the most expedient for society and the state of results.The main features of the principles: objectively predetermined by the social environment, the nature of social relations and havea reverse effect on them; is an ideological creature, the result of the development of the legal consciousness of society, and at the sametime aimed at promoting the growth of the legal consciousness of society, its culture; is an ideological basis for objective law, expresslyexpresses the laws of its development, essence and social purpose; describe (specify) the established right, make uniformity in the systemof legal norms; serve as the basic principles of legal regulation of social relations, provide coherence to all of its mechanism, actas guidelines for the formation and improvement of the legal system, its framework, support, reflect the objectively existing tiesbetween the elements of the legal system and the social system; accumulate world experience in the development of law, embody democraticand humanistic traditions and at the same time constitute the legal values that are part of the world legal treasury.

The Legal Framework for Foundations in the Habsburg Monarchy from 1750 to 1918

2017 ◽  
Vol 1 (2) ◽  
pp. 154-172
Author(s):  
Gabriele Schneider
Keyword(s):  
Public Good ◽  
Legal System ◽  
Legal Framework ◽  
The State ◽  
Habsburg Monarchy ◽  
The Public ◽  
Regulation And Supervision ◽  
Role Of The State ◽  
The Law

Foundations, as permanent funds established by a certain legal act, can serve manifold purposes, but often pursue charitable goals. As such, they play an important role for the public good. Therefore, states always had an interest in fostering foundations by providing a pertinent legal framework. In Austria, this topic has not yet been the focus of scholarship. Through this study some light is shed on the implementation of the law on foundations in the Habsburg Monarchy. It focuses on the role of the state and its legal system regarding the regulation and supervision of foundations from 1750 to 1918. This period is characterized by the sovereigns’ endeavor to regulate the position of foundations via extensive legislation. In particular, a system of oversight for foundations was created in order to guarantee the attainment of their charitable goals. In fact, this system prevailed until the end of the 20thcentury.

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

On the emergence of new branches in the legal system of Ukraine

2021 ◽  
Vol 12 (2) ◽  
Author(s):  
Zemko Alla ◽  
◽  
Pyndor Yulia ◽  
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Human Life ◽  
Legal Regulation ◽  
Current Approach ◽  
Modern World ◽  
Negative Attitudes ◽  
Global Trends ◽  
Qualified Personnel ◽  
Regulation Method

The article analyzes the current approach to the identification of new branches in the legal system of Ukraine.The modern world does not stand still and is constantly evolving and gives impetus to the development of all spheres of human life, respectively, there are relationships that require legal regulation.Some scholars believe that in the presence of an independent subject of legal regulation, its ownmethodology of legal regulation and a set of specialized legislation, it is possible todistinguish an autonomousbranch of law. It is determined that the emergence of new branches of law is hindered by the dominant concept of the existence of only the main ones. Proponents of this concept categorically reject the possibility of the existence of relevant secondary, complex branches of law. This scientific approach inhibits the study of modern social relations. Negative attitudes towards the separation of new branches of law inevitably lead to gaps in the field of special legal research and, as a consequence, to a lack of qualified personnel with specialized knowledge. It is suggested to take into account the positive experience of foreign colleagues of lawyers who boldly present the achievements of current practices and are not afraid to consider them branches of law, we mean educational, sports, military, gender, «cryptocurrency», admiralty law and others. It is concluded that the division of law into new branches allows more effective regulation of legal relations in relevant areas, given that global trends are increasingly in demand for universal lawyers, but with specialization, with in-depth knowledge in one or more areas of law. Keywords: branch of law, subject of legal regulation, method of legal regulation, complex branch of law

Towards a Transsystemic Study of the Ghana Legal System

2017 ◽  
Vol 6 (1) ◽  
pp. 25-50
Author(s):  
Poku Adusei
Keyword(s):  
Legal System ◽  
Academic Discipline ◽  
Common Law ◽  
Civil Law ◽  
Cross Cultural ◽  
Legal Tradition ◽  
Legal Traditions ◽  
The Law ◽  
Cultural Dialogue

This article provides comprehensive insights into the study of the Ghana legal system as an academic discipline in the law faculties in Ghana. It urges the view that the study of the Ghana legal system, as an academic discipline, should be transsystemic. Transsystemic pedagogy consists in the introduction of ideas, structures and principles which may be drawn from different legal traditions such as civil law, common law, religion-based law, African law and socialist law traditions to influence the study of law. Transsystemia involves teaching law ‘across,’ ‘through,’ and ‘beyond’ disciplinary fixations associated with a particular legal system. It is a mode of scholarship that defies biased allegiance to one legal tradition in order to foster cross-cultural dialogue among legal traditions. It involves a study of law that re-directs focus from one concerned with ‘pure’ legal system to a discourse that is grounded on multiple legal traditions.

scholarly journals ADMINISTRATIVE AND LEGAL REGULATION OF THE FUNCTIONING OF JUVENILE JUSTICE IN THE ENSURING OF CHILD RIGHTS

2020 ◽  
Vol 33 (20) ◽  
pp. 77-81
Author(s):  
N. Yu. Veselov
Keyword(s):  
Juvenile Justice ◽  
Social Relations ◽  
Legal Protection ◽  
Legal Regulation ◽  
Main Body ◽  
Criminal Proceedings ◽  
Rights Of The Child ◽  
The Law ◽  
Keywords Child ◽  
Legal Mechanism

Problem setting. Legal regulation is an integral component of the administrative and legal mechanism for ensuring the functioning of juvenile justice, through which the state regulates relevant social relations through law and the totality of legal means. Recent research and publications analysis. The following Ukrainian scientists tried to conceptually solve these issues: Ya. Kvitka, V. Levchenko, O. Maksimenko, N. Lesko, I. Ishchenko, O. Navrotsky. Paper objective. The purpose of the study is to obtain scientific and applied results on the presentation of options for legislative support of juvenile justice in other countries and to formulate proposals for improving the administrative and legal regulation of juvenile justice in Ukraine. Paper main body. The analysis of the legislation of other countries indicates that there are several conditional models of legal regulation of the peculiarities of ensuring the rights of the child in the exercise of juvenile justice. This division is based on the following criteria, such as the existence of a law in the country that establishes the general principles of the judicial and extrajudicial, administrative and legal protection of children’s rights; the existence of a separate law on juvenile justice, which codifies all the rules of law that determine the peculiarities of criminal proceedings against children; the existence of a separate law on juvenile justice, but which establishes the general principles of the operation of juvenile justice, public administration in this area, prevention of offenses, etc. Conclusions of the research. The expediency of adopting the Law on Juvenile Justice in Ukraine, which, in its content, will mainly be an act of administrative and legal nature, the Law «On Ensuring the Rights of the Child in Ukraine», the Law «On the Ombudsman of Ukraine» is substantiated. Keywords: child, minor, legal regulation, administrative law, juvenile justice, justice.

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