scholarly journals Východiská skúmania legitimity vo verejnej politike

2021 ◽  
Vol 22 (1) ◽  
Author(s):  
Dominika Vincová
Keyword(s):  
Political Science ◽  
Legal Basis ◽  
Public Authorities ◽  
Public Power ◽  
Common Basis ◽  
Legal Science ◽  
The Law

Presented contribution deals with legality and legitimacy in the field of political science and sociology with a narrower focus on the mechanisms of legitimization of trust, the issue of acquisition and loss of legitimacy. The concepts of "legitimacy" and "legality" are directly linked to the exercise of official authority. Both the terms "legality" and "legitimacy" have a common basis, based on the law, the law, what is in line with the law. The clarification of legitimacy is based on the premise that what is legitimate must be legal (legal) and, in view of the legal basis, in accordance with objective law. Many ambiguities arise regarding the legitimacy of public authorities, which is questioned and criticized. The question of the legitimacy of the exercise of public power is a historically criticized issue, which is dealt with by sociology, political science and legal science.

Statuti e cultura giuridica

2015 ◽  
Vol 83 (3-4) ◽  
pp. 440-460
Author(s):  
Marta Cerrito
Keyword(s):  
Crucial Role ◽  
Criminal Cases ◽  
Public Authorities ◽  
Ius Commune ◽  
Legal Science ◽  
The Law ◽  
Private Autonomy ◽  
The Relationship

The purpose of this paper is to demonstrate the crucial role of legal science for the practical side of the law, while analyzing in detail the statutes’ reform of Bergamo (1331). Indeed, the paper discusses the relationship between learned law and practical law during the period of ius commune through the analysis of some relevant quaestiones disputatae regarding criminal transactions. The author seeks to analyze the relationship between the ius puniendi of public ­authorities and private autonomy in the resolution of criminal cases focusing not only on the Roman sources (C. 2,4,18) but also on the quaestiones ex facto emergentes contained in the collections of Alberto Gandino, Alberico da Roscia­te, Alberto Galeotti and Guglielmo Durante.


scholarly journals Public authorities as an object of modern historical and legal research

2021 ◽  
Vol 118 ◽  
pp. 01002
Author(s):  
Levan Teimurazovich Chikhladze ◽  
Olga Yurievna Ganina ◽  
Yulia Grigorievna Babaeva ◽  
Azamat Tynyshtykbayevich Aldabergenov
Keyword(s):  
State Power ◽  
Scientific Work ◽  
Legal Basis ◽  
Unified Approach ◽  
Public Authorities ◽  
Public Power ◽  
Scientific Methods ◽  
State Institutions ◽  
General Scientific ◽  
Goals And Objectives

The purpose of the study is to analyze the views of theoretical scientists on the concept of public authorities and the place of local self-government bodies in the system of public authorities, based on well-established concepts, doctrines, and ideas developed in modern realities. To achieve the stated goals and objectives in scientific work, general scientific and specific scientific methods were used. The principles of objectivity and consistency, methods of analysis, synthesis, comparison made it possible to study the views of theoretical scientists, highlighting the argumentation that is significant for the research topic, based on facts, guided by the principles of reliability and impartiality, considering the topic in all its versatility and contradictoriness. The research is based on the theoretical works of Russian scientists studying various aspects of the multifaceted problem of public authorities as state institutions. The novelty of the research lies in the attempt to theoretically comprehend and scientifically analyze the concepts of public authority and public authorities based on the works of domestic authors, as well as to determine the positions of theoretical scientists in the place of local self-government bodies in the system of public authorities. The study made it possible to substantiate the rejection of the established stereotypes in the identification of the concepts of “public power” and “state power”, the reorientation of legal science towards the formation of the concept of state power as a variant of public power, the legal basis of which is the law. The paper also concludes the implementation of power relations through public authorities. At the same time, a lack of a unified approach to determining the place of local self-government bodies in the system of public authorities at present is indicated.

scholarly journals Bangunan Ilmu Politik Hukum diantara Ilmu-ilmu Sosial dan Ilmu Hukum

2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Indriyana Dwi Mustikarini
Keyword(s):  
Social Sciences ◽  
Political Science ◽  
Political Elite ◽  
The Political ◽  
Legal Studies ◽  
Law And Politics ◽  
Actual Reality ◽  
Legal Science ◽  
The Law ◽  
The Relationship

Abstract— This paper aims to describe the Building of Legal Political Science between Social Sciences and Legal Studies in Indonesia. This research focuses on the study of the legal, political science of other social sciences. The method used in this research is normative juridical. This method examines the applicable laws and regulations as well as theoretical from a variety of literature, relating to the politics of law in the formation of legislation. The results of this study indicate the relationship between law and political science that law is determined by politics, so the law is formed based on expectations or what should be (das sollen). Instead of politics determined by law, the law was formed by agreement of the political elite / actual reality (das sein). While law and politics are interdependent, the law is developed based on what should be and actual reality (das Sollen-Sein). Keywords—: legal politics; legal science; political science.

scholarly journals THE COMPOSITION OF THE ADMINISTRATIVE OFFENCE AND THE PROBLEMS OF ITS QUALIFICATIONS

2021 ◽  
Vol 1 (91) ◽  
pp. 47-53
Author(s):  
Jelena Zikina
Keyword(s):  
Theoretical Study ◽  
Legal Basis ◽  
Legal Science ◽  
The Subject ◽  
The Law ◽  
Objective Side ◽  
Necessary And Sufficient ◽  
Subjective Side ◽  
Administrative Responsibility

The administrative-legal science pays a great attention to the study of administrative offences’ qualification. When analyzing any part of an administrative offence, the issues of qualification always take the lead. This paper focuses on the most controversial and at the same time practically important issues. The composition of an administrative offence is a legal basis for the qualification of an administrative offence in accordance with a specific article of the law establishing administrative responsibility.The structure of an administrative offence is a combination of four elements: the object, the objective side, the subjective side and the subject, the presence of which is necessary and sufficient for the recognition of a socially harmful act as an administrative offence. These elements are called necessary because they must be present in any case when deciding whether to bring to administrative responsibility. In the absence of at least one of these elements, a person cannot be held administratively liable.In this paper, the composition of an administrative offence is considered as the basis for the qualification of administrative offences. In connection with the mentioned above, the problems’ study of administrative offences’ qualification, necessitates the further theoretical study of issues related to its concept, purpose, and implementation.

“boys of God”: the experience of re-socialization of adolescents and young people in conflict with the law in the Santa Filomena community

2021 ◽  
Vol 2 (1) ◽  
Author(s):  
Zilmara Alves da Silva ◽  
Maria Helena Santana Cruz
Keyword(s):  
Civil Society ◽  
Young People ◽  
Open Space ◽  
Second Generation ◽  
Field Research ◽  
Youth Gang ◽  
Public Authorities ◽  
The Law ◽  
Mutual Care

This research aims to analyze the resocialization process of the second generation of adolescents and young people from the Meninos de Deus project and the contributions of socio-affective relationships in the resignification of individual trajectory in the context of violence in the Santa Filomena community. The study is necessary to understand the importance of strengthening the resocialization processes in an open space, which has the triad of public authorities, civil society and the community as the executing nucleus of socio-educational measures. The Meninos de Deus group was born in 2007 and was born from a pact, among youths in conflict with the law, based on the premise of mutual care, commitment to life and in the re-socializing walk with the community. In this group, the feeling of belonging is opposed to the feeling that young people and adolescents in conflict with the law had with the youth gang or the criminal faction they belonged. The methodology to be used is ethnography, where we will use field research, characterized as an integration of data obtained in the field and by bibliographic reading.

Harold D. Lasswell's Political World: Weak Tea for Hard Times

1981 ◽  
Vol 11 (4) ◽  
pp. 471-497 ◽  
Author(s):  
Richard M. Merelman
Keyword(s):  
Political Science ◽  
International Politics ◽  
Balance Of Power ◽  
Science Courses ◽  
Political World ◽  
Terra Incognita ◽  
Political Analysis ◽  
Hard Times ◽  
The Law ◽  
The 1950S

I first encountered the work of Harold Lasswell in the late 1950s, when I was a barely awake undergraduate at a university whose reputation for mediocrity was richly deserved. I opened Politics: Who Gets What, When, How to the first paragraph: ‘The study of politics is the study of influence and the influential. The science of politics states conditions; the philosophy of politics justifies preferences. This book, restricted to political analysis, declares no preferences. It states conditions.’ I had never heard of Lasswell, for my political science courses limited themselves to subjects like Congressional seniority and Cabinet responsibility in Britain. One course discussed the law of piracy, a subject I had trouble linking to international politics in the 1950s. Some enterprising instructors occasionally discussed the balance of power, and one even assigned David Truman. But Lasswell was terra incognita to me, as he no doubt was to most undergraduates in those years.

scholarly journals O rozgraniczaniu statutów i wsysaniu regulacji prawnej (na przykładzie prawa stosowanego do oceny różnych aspektów powołania i funkcjonowania wykonawcy testamentu i zarządcy sukcesyjnego przedsiębiorstwem)

2020 ◽  
pp. 159-177
Author(s):  
Maksymilian Pazdan
Keyword(s):  
International Law ◽  
Legal System ◽  
Private International Law ◽  
Legal Basis ◽  
Legal Rules ◽  
Eu Regulation ◽  
The Will ◽  
The Law ◽  
The Eu

The position of the executor of the will is governed by the law applicable to succession (Article 23(2)(f) of the EU Regulation 650/2012), while the position of the succession administrator of the estate of a business of a physical person located in Poland is subject to the Law of 5 July 2018 on the succession administration of the business of a physical person (the legal basis for such solution is in Article 30 of the EU Regulation 650/2012). However, if the court needs to determine the law applicable to certain aspects of appointing or functioning of these institutions, which have a nature of partial or preliminary questions, these laws will apply, as determined in line with the methods elaborated to deal with partial and preliminary questions in private international law. The rules devoted to the executors of wills are usually not self-standing. In such situations, the legislators most often call for supportive application of the rules designed for other matters existing in the same legal system (here — of the legis successionis). This is referred to as the absorption of the legal rules.

scholarly journals Explanation of Legal Maxim: Ignorance of Facts and Ignorance of the Law, in the Light of Islamic and Western Laws: A Comparative Study

Fahm-i-Islam ◽  
2019 ◽  
Vol 2 (2) ◽  
pp. 45-57
Author(s):  
Saleem Khan ◽  
Sana Zia
Keyword(s):  
Comparative Study ◽  
Legal Science ◽  
The Law

Both Islamic and western laws try to facilitate their followers in different ways. For the above mentioned purpose both have formed several Legal Maxims which assist each and every individual to enjoy these facilitations provided to them by the Legal Science. Similarly there are some Legal Maxims which provide legal excuses to these people. Among these Legal Maxims there is a Maxim considered as one of fundamental legal Maxims called “Ignorance of facts and Ignorance of the Law”. This article focuses on explanation and interpretation of the said Maxim according to Islamic as well as western Laws.

scholarly journals The Philosophical Values of Islamic Inheritance Law

2020 ◽  
Vol 20 (2) ◽  
pp. 125-136
Author(s):  
Ismail Ismail
Keyword(s):  
Descriptive Analysis ◽  
Philosophical Study ◽  
Mutual Benefit ◽  
Legal Basis ◽  
Literature Study ◽  
Philosophical Thinking ◽  
Inheritance Law ◽  
Philosophical Basis ◽  
Analysis Technique ◽  
The Law

Abstract: The law of inheritance has been determined very clearly in the Qur’an and this provision has also been established as a qathi' or final legal basis by jumhur or majority ulama. However, in reality, there are still criticisms of the inheritance law provisions. This article aims to further examine the issue of qat'hi and zhanni (the final one and the need intrepretation) related to inheritance and how the philosophical values ​​of inheritance law in Islam. The philosophical study referred to in this article is related to the purpose of syara’ to determine the distribution of inheritance in such a way and what philosophical basis and values ​​are used. This article also describes the share of men and women with one to two balances. This article is based on literature study by using textual sources, namely the text of the Qur’an (especially verses on the law of inheritance) as the main reference in the reconstruction of philosophical thinking in Islamic inheritance law. The analysis technique in this research is descriptive analysis. So, the philosophical basis and the purpose of inheritance law in Islam is an effort to realize justice in order to achieve mutual benefit for the heirs. However, if a change is needed regarding inheritance law that is relevant to the conditions and situation at the time of the inheritance law decision, there is no harm in providing additional law. Keywords: Philosophical values, inheritance law, Islam.   Abstrak: Hukum waris telah ditentukan dengan sangat jelas dalam Alquran serta ketentuan tersebut juga telah ditetapkan sebagai dasar hukum yang qathi’ oleh jumhur ulama. Akan tetapi realita yang terjadi masih ada kritik terhadap ketentuan hukum waris tersebut. Artikel ini bertujuan mengkaji lebih jauh masalah qat’hi dan zhanni-nya terkait waris dan bagaimana nilai-nilai filosofis hukum kewarisan dalam Islam. Kajian filosofis yang dimaksud dalam artikel ini terkait tentang tujuan syara' menetapkan pembagian warisan sedemikian rupa dan apa dasar dan nilai filosofis yang digunakan. Artikel ini juga menjelaskan tentang bagian laki-laki dan perempuan dengan perimbangan satu banding dua. Artikel ini berbasis penelitian pustaka dengan menjadikan sumber-sumber tekstual yakni teks Alquran (khusus ayat-ayat tentang hukum kewarisan) sebagai acuan utama dalam rekonstruksi pemikiran filosofis dalam hukum waris Islam. Teknik analisis dalam penelitian ini menggunakan Teknik analisis deskriptif. Jadi, dasar filosofis dan tujuan hukum waris dalam Islam merupakan suatu upaya untuk mewujudkan keadilan agar tercapai kemashlahatan bersama bagi ahli waris. Namun jika diperlukan sebuah perubahan terkait hukum kewarisan yang relevan dengan kondisi dan situasi pada saat keputusan hukum kewarisan tersebut maka tidak ada salahnya memberikan hukum tambahan. Kata-kata kunci: Nilai-nilai filosofis, hukum kewarisan, Islam.

scholarly journals Local Self-Government in the Public Government System: A New Constitutional Dimension

2020 ◽  
Vol 10 ◽  
pp. 23-26
Author(s):  
Oleg A. Kozhevnikov ◽  
Keyword(s):  
Law Enforcement ◽  
Russian Federation ◽  
Legal Framework ◽  
Constitutional Court ◽  
Public Power ◽  
The Public ◽  
System A ◽  
International Obligations ◽  
The Russian Federation ◽  
The Law

The article analyzes certain provisions of the Law of the Russian Federation on the amendment to the Constitution of the Russian Federation of March 14, 2020 No. 1-FKZ “On improving the regulation of certain issues of the organization and functioning of public power” in terms of regulatory regulation of local self-government. According to the analysis the author comes to the conclusion that with the entry into effect of the mentioned legal act the content of individual elements of the constitutional-legal bases of local self-government will change, but the nature and scope of modifications in many respects will depend on the provisions of the rules of sectoral legislation aimed at implementing the relevant provisions of the Constitution. In this regard, the Federal legislator has a huge responsibility to create an “updated” legal framework for the implementation of the constitutional foundations of local self-government, taking into account the already established law enforcement practice, the positions of the constitutional court of the Russian Federation, as well as the state's international obligations under the European Charter on local self-government.

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