scholarly journals The role of legal ideology and legal doctrine in shaping national legal culture

2020 ◽  
Vol 11 (11) ◽  
pp. 57-63
Author(s):  
Makarenko L.
Keyword(s):  
Legal Culture ◽  
The State ◽  
Education Quality ◽  
Judicial Reform ◽  
Legal Doctrine ◽  
Legal Ideology ◽  
Legal Science ◽  
Sound Theory ◽  
Science And Education

The article reveals the role of legal ideology and legal doctrine in shaping national legal culture. Stated about the absence in our society of well-established legal ideology and the necessity of its formation and implementation. Especially important is the latter, given the practice of continuous implementation in Ukraine of the constitutional and other «reforms» that only aggravate the situation of legal culture. It is noted that for the formation of legal culture in Ukraine, it is necessary to develop scientifically sound legal doctrine, which should be carried out appropriate legal policy of the state. However in Ukraine, the state and legal reform are implemented without a clear doctrinal approach, as indicated by a critical assessment of the judicial reform. On this basis we believe that the key to the domestic legal doctrine should be the issues of judicial reform and the development of legal science and education. Quality legal education is impossible without the legal science, which needs to develop scientifically sound theory of legal culture. Keywords: legal culture and national legal culture, legal doctrine, legal ideology, corruption.

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

scholarly journals Can positive obligations of States serve as a remedy for human rights violations committed by juristic persons?

2018 ◽  
Vol 19 (1) ◽  
pp. 45-60
Author(s):  
Pavel Ondrejek
Keyword(s):  
Human Rights ◽  
Major Change ◽  
Case Law ◽  
The State ◽  
Fundamental Rights ◽  
Human Rights Violations ◽  
Legal Doctrine ◽  
Role Of The State ◽  
The Relationship

Abstract: Positive obligations of States to protect and implement human rights are considered a part of various effects of human rights in legislations. In this article, it is argued that a crucial problem arises from the inconsistent practice of addressing violations of human rights committed by juristic persons together with a lack of underlying general theory of liability for human rights violations committed by private entities. Without a major change in the legal doctrine and case-law, we will need to remain focused on the role of the State as a guarantor of human rights, rather than on the imposition of human rights obligations on private-law entities. In this article, it is argued that the nature of the relationship between a juristic person and the State is not the only relevant aspect, as we should also examine the activity of the juristic person in question.Keywords: Positive obligations of States. Juristic persons. State-juristic person nexus. Fundamental rights. Horizontal effect.Resumo: Obrigações estatais positivas de proteger e de implementar direitos humanos são parte dos vários efeitos dos direitos humanos nas legislações nacionais. Neste artigo, argumenta-se que um problema crucial decorre da prática de abordar violações de direitos humanos cometidas por pessoas jurídicas sem uma teoria geral da responsabilidade por violações de direitos humanos cometidas por entidades privadas. Sem uma mudança importante na doutrina e na jurisprudência será preciso permanecer olhando apenas para o papel do Estado como garantidor de direitos humanos. Neste artigo argumenta-se que a natureza da relação entre uma pessoa jurídica e o Estado não é o único aspecto relevante. É preciso examinar também a atividade da pessoa jurídica em questão.Palavras-chave: Obrigações positivas dos Estados. Pessoas jurídicas.

scholarly journals „Christianopolis“ als Utopie der Bildung, Erziehung und Wissenschaft nach Johann Valentin Andreae (1586-1654)

2016 ◽  
Vol 3 (2) ◽  
Author(s):  
Anja Franz ◽  
Dietrich-Eckhard Franz
Keyword(s):  
17Th Century ◽  
Vantage Point ◽  
The State ◽  
Social Conditions ◽  
Science And Education

Education and sciences, that are accessible to all, is the focus of several complex and remarkable utopian visions from the 17th century. Particularly the life and work of Johann Valentin Andreae (1586-1654) shows the relation between the critique of social conditions and the idea of a better society. As many others at that time he favours a type of state marked as enlightened governance. However, his detailed description of the state “Christianopolis” from 1619, in which he addresses primarily the role of science and education in a society, shows significantly more independent concepts and implications. In his comprehensive explanation he specifies that science and education have certain responsibilities and importance for a better society. Those thoughts are meaningful and considerable both for philosophical and historical reflections of science and the vantage point of the present and shall therefore be the main focus of this article.

scholarly journals PUBLIC ADMINISTRATION IN DEVELOPMENT OF THE PROCEDURE OF THE SECURING A CLAIM

2020 ◽  
Vol 6 ◽  
pp. 635
Author(s):  
Andrejs Gvozdevičs
Keyword(s):  
Public Administration ◽  
Civil Procedure ◽  
The State ◽  
Policy Planning ◽  
Induction Method ◽  
Legal Doctrine ◽  
Legal Policy ◽  
Systematic Improvement ◽  
The Republic

The Ministry of Justice of the Republic of Latvia is a leading public administration in the justice sectors and plays an important role in the development of the procedure of the securing a claim. Topicality and novelty of the research are reflected in the fact that until now in the legal doctrine weren’t made depth and extensive researches of the role of public administration in solving problems of the securing a claim. The aim of the research is to carry out an assessment of the activities of the Ministry of Justice in the development of the securing a claim. In the present research, using the analytical, descriptive and deduction/induction method, were analysed the normative acts, legal policy planning documents, annotations of draft amendments to the Civil Procedure Law, etc. Results: actions of the Ministry of Justice to develop the securing a claim sometimes are chaotic. Conclusions: in order to achieve the defined objectives of the institute of the securing a claim, the state should pay attention to the systematic improvement of current civil procedural regulation. 

scholarly journals CURRENT PROBLEM ISSUES OF FORMATION OF LEGAL CULTURE OF LAWYER

2021 ◽  
Vol 1 (2) ◽  
Author(s):  
Valeriy P. Petkov ◽  
Keyword(s):  
Training Model ◽  
Legal Culture ◽  
Professional Culture ◽  
The State ◽  
Professional Activities ◽  
State Process ◽  
Legal Science ◽  
Successful Solution ◽  
The Individual ◽  
High Level

The article outlines the problems of forming the legal culture of a lawyer, as an urgent requirement of the present, since the professional principles of lawyers must meet the highest moral values of society, and reliably defend the violated right, the successful solution of urgent problems of the state process directly depends on their professionalism. The level of development of any legal culture of society reflects the general conditions of legal consciousnesses, which are manifested through the implementation of legal activity, legal behavior. Today in Ukraine a high level of legal culture is not observed only among the ordinary citizen, but quite often it is not enough even for legislators, political leaders, heads of public organizations. It was found that the legal culture of a lawyer combines knowledge of legislation and the possibilities of legal science, the conviction of the necessity and social usefulness of laws and regulations, the ability to use legal instruments � laws and other legal acts in everyday activities, to resort to the use of all the achievements of legal science and practice when making and the design of solutions. The necessity is theoretically substantiated: to define a model of a specialist-lawyer and, as its component, a personality model and a training model. The specialist model must meet the requirements of the legal professional of the future; systematization and structuring of education not only by the level of education, but also by branches of law. The standard of legal education, the curricula of higher and secondary educational institutions should be optimized in terms of the structure and content of the relevant branch of law; when training law managers, it is necessary to take into account the shift in the meaning and goals of education towards the idea of self-expression and full disclosure of the capabilities and abilities of the individual; the paradigm shift of education from �education for life� to �education throughout life�. Thus, a law graduate must have professional knowledge, be convinced of their social feasibility and usefulness, be able to apply them in their professional activities, and strive for continuous self-improvement, because a high level of professional culture of a lawyer is an urgent requirement today. Because the professional culture of legal professionals directly affects the successful solution of pressing problems of the state-building process.

scholarly journals Examining the Role of Professional Associations in Policy Diffusion: The Case of Intermediate Appellate Courts

2008 ◽  
Vol 29 ◽  
pp. 135-151
Author(s):  
Kyle Scott
Keyword(s):  
State Level ◽  
Professional Associations ◽  
The State ◽  
Appellate Court ◽  
Judicial Reform ◽  
Appellate Courts ◽  
Judicial Decision Making ◽  
Organized Interests ◽  
Exploratory Investigation

While research exists that explains how institutions impact judicial decision-making at the state level, less is known about what affects the creation and reform of institutions at the state level. This paper provides an exploratory investigation into why states choose to create Intermediate Appellate Courts (IAC). This paper finds that organized legal interests have a significant impact on policy adoption and the explanation that IACs are created to relieve the workload of the state’s highest appellate court finds no support. The findings refute some previously held assumptions about state judicial reform and in doing so provide insight for policy scholars interested in the role organized interests play in institutional reform.

scholarly journals Igor A. Isaev’s Metaphysics of Power and Law. On Scholar’s Anniversary

Lex Russica ◽  
2020 ◽  
Vol 73 (6) ◽  
pp. 9-17
Author(s):  
M. D. Chupova ◽  
T. P. Filippova ◽  
V. G. Rumyantseva
Keyword(s):  
Life History ◽  
Russian Federation ◽  
Legal Education ◽  
Legal Culture ◽  
The State ◽  
Mutual Support ◽  
Legal Ideology ◽  
History Of ◽  
The Russian Federation ◽  
Russian Law

The paper deals with the events devoted to the anniversary of an outstanding Russian historian of law, Prof. Igor A. Isayev. On June 11, 2020, our colleague, prominent historian of law, Doctor of Legal Sciences, Professor, Honoured Worker of Science of the Russian Federation Igor A. Isaev turns 75 years old. In addition, for 30 years Prof. Isayev has been the Head of the Department of History of the State and Law, first, at All- Russian Law Correspondence Institute that was later renamed into Kutafin Moscow State Academy of Law (MSAL) and, later, Kutafin Moscow State Law University (MSAL). Since the late 1980s, our University has taken a leading place in the field of legal education, which became possible due to its scholarly potential: the involvement of the most gifted and professional scholars, professors and educators who create and maintain an academic tradition, introduce innovations. Igor A. Isayev has become one of the leaders of the team that has achieved this success and earned credibility in the legal world is. The paper presents his views. In particular, the paper highlights that in his research Igor A. Isaev addresses the fields of history of the State and law, legal ideology, legal culture and legal symbolism, history of political and legal doctrines, and the philosophy of law. Igor Isaev’s life history represents the way of a real scholar, the milestones of his life are represented by written works, numerous pupils and the life of the faculty of the Department of History of the State and Law, the formation of which is impossible without creating an atmosphere of academic freedom, professional solidarity and mutual support.

PROBLEMS OF THEORETICAL JUSTIFICATION OF THE DOCTRINE OF LEGAL STATE

2015 ◽  
Vol 10 (6) ◽  
pp. 175-184
Author(s):  
Батеева ◽  
Питерская ◽  
Aleksandra Piterskaya
Keyword(s):  
Social Contract ◽  
Natural Law ◽  
Theoretical Foundation ◽  
Conceptual Structure ◽  
The State ◽  
Theoretical Justification ◽  
Legal Doctrine ◽  
Legal Thinking ◽  
Law And Science

The article discusses specific approaches of legal doctrine of legal state, with focuses on the place and role of doctrine in the modern conditions of functioning of the state and legal spheres. The authors analyze the problems of legal state, identify their features based on the concepts of law, in particular natural law and theory of social contract. Based on the theoretical foundation the authors of "classic" principles of legal state conclude of inconsistency, which in its turn leads to the lack of implementation of principles into practice fully. So, the doctrine of legal state becomes very complicated and multivariate conceptual structure, which diverse factors have an impact on, depending on the concepts of legal thinking and understanding of state. In this regard, the article assesses the conceptual issues of law and science-based reasoning problems of theoretical doctrine of legal state.

scholarly journals The Role of Transformation in Biology Science and Education for Supporting Sustainable Development Goals

2019 ◽  
Author(s):  
Yudha Gusti Wibowo ◽  
Ali Sadikin
Keyword(s):  
Sustainable Development ◽  
Sustainable Development Goals ◽  
Materials Science ◽  
Education Quality ◽  
Social Challenges ◽  
Water Education ◽  
Science And Education ◽  
Development Goals ◽  
New Biology

Today in times of increasing inequality, climate change, and major social challenges, education is the best way to equip citizens, scholars and leaders to implement meaningful change and prevent future crises. Biologi education and science will solve these problems to supporting sustainable development goals especially in soil remediation, clean water, education quality and clean and affordable energy. This paper will describe how biological education could solve these problems. New biology can solve the problem about hunger use biotech, use synthetic biological material to find new advance material. New biology could driving intersectorial, interdisciplinary and international connectivity, and the leveraging of existing investments in synthetic biology, materials science, allied science and technology areas, are the major challenges in delivering the Materials from Biology vision.

scholarly journals CONCEPT, CHARACTERISTICS AND ROLE OF THE JUDICIAL SYSTEM IN THE DEVELOPMENT OF THE RUSSIAN SOCIETY

2020 ◽  
Vol 4 (6(75)) ◽  
pp. 39-43
Author(s):  
Aydin Azhdarovich Babaev
Keyword(s):  
The State ◽  
Judicial System ◽  
Russian Society ◽  
Legal Science ◽  
Administration Of Justice ◽  
Functional Features ◽  
Multi Level ◽  
The Relationship ◽  
Modern Russian

The article discusses approaches to understanding the judicial system in Russian legal science, the role of the judicial system in the development of modern Russian society, as well as the characteristics of its features, allowing to identify the institutional and functional features: the exclusivity of the judicial system in the administration of justice; unity and integrity; multifunctionality; multi-structure and stepping; multi-level and multi-channel nature of the relationship between the elements; stability and sustainability; independence and independence in the mechanism of the state.

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