scholarly journals Ideological manifestations of Christian-legal traditions in the legal system

2021 ◽  
pp. 195-199
Author(s):  
I. V. Mima
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Social Practice ◽  
Modern Society ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Consciousness ◽  
Important Place ◽  
Legal Traditions ◽  
Historical Heritage

The process of development of various directions of objective scientific analysis of problems of the theory of the state and law is investigated; the analysis of transformational processes of Christian-legal traditions in the legal system is carried out. The author argues that the Christian legal traditions are a unique religious and social value, because they embody the fundamental principles of civilized organization of religious relations in society, their regulatory requirements. Christian legal traditions generalize national law at the level of the legal space, reflect the unity of the legal system, which fixes the legal individuality and identity of the country, which affects the formation of the national idea. The author notes that in modern society, Christian legal traditions, Christian legal traditions appear as a legal category, a phenomenon of legal culture, an element of the legal system and a component of the succession of law, which captures generalized legal experience, legal memory, legal knowledge and legal ideas. passed down from generation to generation as acceptable ways of organizing society, models of formation of the legal system, order in law, hierarchy of values in law, etc. The point of view that Christian-legal traditions can be characterized from the standpoint of traditionalism and modernism is substantiated. Socio-historical heritage is a liability of past traditions and a basis for the formation of new traditions. In general, modern society is characterized by the action of real Christian legal traditions, which combines authentic and non-authentic Christian legal traditions and socio-historical heritage in ensuring the heredity of social development with its previous stages. Authenticity is determined by the preconditions for the formation of Christian legal traditions in society, arising from the laws of the stages of its development. Inauthentic Christian legal traditions are created artificially and act as declared social norms that have not yet confirmed their value nature in the course of social practice. They are most often observed in societies undergoing transformational periods of their existence, during which there is a need for new methods of regulating social relations and means of community unification. Such Christian legal traditions can be used to fill gaps in the mechanism of social and normative regulation of social relations by connecting the past with new conditions and needs. In addition, Christian-legal traditions occupy an important place in the socio-normative organization of modern society, and during the historical process of development of society the content of Christian-legal traditions was influenced by ideological, cultural and socio-economic deformations of society. Christian-legal traditions as religious-normative principles ensure the realization of Christian-legal ideals and values in religious relations, their indisputable status in public life. Keywords: legal system, Christian-legal traditions, legal heritage, traditionalism and modernism, legal culture, legal consciousness, authentic and non-authentic Christian-legal traditions.

scholarly journals PROBLEMS OF FORMATION OF THE LEGAL CULTURE OF THE MODERN SOCIETY

2017 ◽  
Vol 3 (3) ◽  
pp. 18-22
Author(s):  
Арман Ахметов ◽  
Arman Ahmetov
Keyword(s):  
Civil Society ◽  
Rule Of Law ◽  
Social Relations ◽  
Legal System ◽  
Social Practice ◽  
Modern Society ◽  
Scientific Work ◽  
Legal Culture ◽  
The Rule Of Law ◽  
Democratic State

This article analyzes the legal culture of the modern society. The aim of the paper is to select the values of the legal culture of the Republic of Kazakhstan during its development as a democratic state. Special attention is paid to the study of axiological aspects of the legal culture in the process of development of democratic state and formation of civil society. The scientific work was based on a scientific research of Kazakh and foreign authors on nature of law, legal culture, its values in the process of formation of civil society and a state governed by the rule of law. The author believes that legal culture is a phenomenon quite complex and diverse in its internal structure and variety of social relations. The legal culture is not only knowledge of the laws, norms of law and methods of their use, however, and involves them as mandatory elements of the legal system. Legal culture includes awareness and the level of law-enforcement activities in the interests of ensuring and strengthening the rule of law. There are a few conclusions at the end of the article. The author believes that the legal culture is a certain steady state of social consciousness and social practice whish are based on repeated certain activities, the systematic functioning of the various structural elements of the legal system — the law, morality and traditions.

Penerapan Hukum Wakaf Uang di Indonesia Perspektif Legal System Theory

2018 ◽  
Vol 11 (1) ◽  
pp. 79-92 ◽  
Author(s):  
Masdar Masdar
Keyword(s):  
System Theory ◽  
Law Enforcement ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Law Enforcement Agencies ◽  
Muslim Society ◽  
The Law ◽  
The Government

Cash waqf in Indonesia has been long enough implemented based on some rules enacted by government and other rules defined by The Waqf Board of Indonesia (BWI). However, the implementation of cash waqf has not reached the level of success. Therefore, this article studies the application of cash waqf law in Indonesia according to Friedman’s legal system theory. The legal system theory of Friedman firstly looks at the substance of the law, which is the rules or regulations; and secondly it examines the structure of the law, encompassing the law enforcement agencies, such as judge, prosecutor, police and legal counselors. And lastly the theory examines the element of legal culture, which is a response from Muslim society. The first two examinations indicate that there is nothing to be a problem. But from the last examination there is a problem regarding the trust from Muslim society. From the legal culture point of view, the implementation of cash waqf by the government, which is performed by BWI, needs attracting society’s credentials in order to improve and maximize the performance of cash waqf in Indonesia.

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

Colonial Traditions, Co‐optations, and Mi'kmaq Legal Consciousness

2011 ◽  
Vol 36 (01) ◽  
pp. 171-200 ◽  
Author(s):  
L. Jane McMillan
Keyword(s):  
Nova Scotia ◽  
Indigenous Peoples ◽  
Legal System ◽  
Justice System ◽  
Legal Culture ◽  
Legal Consciousness ◽  
Royal Commission ◽  
Specific Recommendation ◽  
Overwhelming Evidence ◽  
Life Sentence

In 1996 a provincial court was established at Eskasoni Mi'kmaq Community in Nova Scotia, Canada, in response to overwhelming evidence confirming the failures of the Canadian legal system to provide justice for Indigenous peoples, and as a specific recommendation of the Royal Commission on the Donald Marshall, Jr., Prosecution. Marshall, a Mi'kmaq wrongfully convicted of murder, served eleven years of a life sentence before proving his innocence. The importation of provincial legal culture into an Indigenous community creates tensions and contradictions surrounding the legitimacy, authenticity, and efficacy of Indigenous laws. The ontological conflicts that arise from the imposition of a justice system integrally linked with colonization, criminalization, and assimilation cannot be resolved through indigenization of court staff and administrative conveniences. The Mi'kmaq continue to assert their laws and articulate their legal consciousness against the co‐optation of dominant system, with mixed results.

scholarly journals AN OVERVIEW OF FINANCIAL LAW AS AN INDEPENDENT BRANCH OF THE LEGAL SYSTEM OF THE REPUBLIC OF BULGARIA

2019 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Savina Mihaylova Goleminova
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Traditions ◽  
Eu Membership ◽  
Current Trends ◽  
The Republic ◽  
Functional Point ◽  
Independent Branch ◽  
The Eu

<p class="Otherdata">The present article aims to provide an overview of financial law as an independent branch of the legal system of the Republic of Bulgaria from a both historical and functional point of view, in the context of its traditions and current trends, which reflect the financial and legal system of the EU. The EU membership of Bulgaria holds numerous challenges and requires the mobilisation of the intellectual and physical potential of all stakeholders involved. Financial law is one of the most dynamic fields of legislation and case-law. The financial legal doctrine addresses the new challenges, building on constitutional, financial and administrative legal traditions and practices in the field of administrative justice in Bulgaria following the Tarnovo Constitution.</p>

scholarly journals Culture of legal techniques: key dominants in the modern Russian legal system

2022 ◽  
Vol 39 (71) ◽  
pp. 566-578
Author(s):  
Marina V. Baranova ◽  
Olga B. Kuptsova ◽  
Sergey N. Belyasov ◽  
Arturas S. Valentonis
Keyword(s):  
Legal System ◽  
Modern Society ◽  
Legal Culture ◽  
Effective Functioning ◽  
Formation Stage ◽  
Specific Analysis ◽  
The Law ◽  
Systematic Understanding ◽  
Definition Of ◽  
Modern Russian

The article is dedicated to the conceptual and specific analysis of the emergence of the culture of legal techniques under the conditions of a new technological form. The identification and analysis of key types of culture of legal techniques, allows to show their specificity following typological groups. Its systemic unity, which has its specificities, can be considered as the second dominant of the culture of legal techniques. The article further offers a primary doctrinal definition of the concept of culture of legal techniques based on the identified dominant characteristics and manifestations of the culture of legal techniques, studied in the context of the search for ways of effective functioning of the system of power and powerless principles in the Russian legal system. This phenomenon is in the formation stage. The authors have used dialectical, historical-political, formal-legal, and comparative-legal methods. It is concluded that a promising systematic understanding of the essence and meaning of the culture of legal techniques will help to improve the legal culture as a whole and thus increase the effectiveness of the law in modern society.

scholarly journals Migration: sociocultural context of a study

2020 ◽  
Vol 210 ◽  
pp. 15015
Author(s):  
Ivan Koshel ◽  
Marina Yakovenko
Keyword(s):  
Social Relations ◽  
Cultural Models ◽  
Modern Society ◽  
Social Attitudes ◽  
Point Of View ◽  
Sociocultural Context ◽  
Migration Process ◽  
Social Transformations ◽  
Individual Level ◽  
The One

The article is devoted to a consideration of a migration process as the one that is influencing formation of a modern society. Migration is a factor of modern cultural and social transformations. It is emphasized that migration processes are growing, covering various directions of a society activity. Migration processes are also qualitatively changing society structure and predetermines its directions of development. The necessity to study migration processes from the socio-cultural point of view was substantiated. Emphasis is placed on the motivational factors of migration. The cultural models of migration inherent to migrants on an individual level are presented as a hypothesis guiding sociological cognition in this aspect of scientific knowledge. These include “exodus”, “escape”, “emancipation”, “domination” and “return”. The models reflect sociocultural orientations and subjectively perceived migration objectives. The models consider a number of social attitudes and directions for self-realization of a migrant personality in a new system of social relations.

scholarly journals KENDALA DALAM PELAKSANAAN PENEGAKAN HUKUM TERHADAP PRAKTIK PARANORMAL SEBAGAI TINDAK PIDANA

2018 ◽  
Vol 1 (1) ◽  
pp. 1908
Author(s):  
Yusi Permatasi ◽  
Yuwono Prianto
Keyword(s):  
Law Enforcement ◽  
Criminal Law ◽  
Legal System ◽  
Legal Culture ◽  
Point Of View ◽  
Legal Structure ◽  
The Law

In Society, Paranormal practices is considered as common things. Paranormal Practices is used for any good and also for crime, so to cope with the activities, government had regulated the act to control the crime by using paranormal background. The paranormal practices have been included as criminal acts. It has regulated in article 545 and article 546 of the criminal law act and set on as supernatural powers activity. As time passes, there are constraint in the alleviation law it’s law enforcement. This research was done with empirical or law sociological point of view, where Lawrence M. Friedman state that the elements of the legal system consist of Legal Structure, Legal Substance, and Legal Culture. The result of this research is the paranormal practices are differentiate by it used which is good or bad. The bad paranormal practices cause loss for society. This gave rise to uncertainty of law enforcement on the paranormal practices, therefore it need a deep research which is not only from the law enforcement point of view, but also the religious and cultural represented by figure.

The sysyems in law and legal process 3rd edition

2019 ◽  
Author(s):  
Михаил Осипов ◽  
Mikhail (Michail) Osipov
Keyword(s):  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Consciousness ◽  
Legal Process ◽  
Legal Processes

The proposed monograph presents the results of the author's study of General theoretical problems of legal processes, as well as their effectiveness. Also in this monograph the main types of systems in law and legal processes are considered. Much attention is paid to the optimization of legal regulation in various fields of law and the effectiveness of legal processes. Also in this monograph features of influence of legal consciousness and legal culture as components of legal system on efficiency of legal processes are considered.

scholarly journals Property as an economic category

2020 ◽  
pp. 28-32
Author(s):  
Yaroslav HROMOVYI
Keyword(s):  
Social Relations ◽  
Modern Society ◽  
General Concept ◽  
Point Of View ◽  
Economic Point ◽  
The Social ◽  
Economic Process ◽  
The Subject ◽  
Relationship Of ◽  
The Relationship

Introduction. Property is a multifaceted phenomenon, so that, even within one science, there is no general concept that would reflect its meaning. At the same time, we are of the opinion that the most important aspects of property for modern society are economic and legal, despite the fact that property, first of all, was considered as a philosophical category. In scientific sources, the commonality of features that characterize the property on the legal side (possession, use and disposal), is called the legal (legal) category, and economic (the desire to own goods (both tangible and intangible), the relationship between owners, owner and direct producer of goods (subject-subject relations)) - economic category. The purpose of the paper is to consider the essence of property as an economic category. Results. Analyzing the category of «property» from an economic point of view, we can identify its basic basis: the relationship of different owners with each other, as well as owners and direct producers of goods. In the «owner – owner» relationship, we observe the economic process of exchange of goods. At the same time, the owner-non-owner relationship is non-economic, so it is not the subject of economists' research. The relationship between different owners, as well as owners and direct producers of goods is the material basis of our society. Conclusion. Property as an economic category is characterized by: first, the result of the manifestation of the subject of his will - the desire to own the goods of the world; secondly, goods both material and non-material; third, the social relations and interrelationships of the owners among themselves, as well as the owners and direct producers of goods.

Sign in / Sign up

Export Citation Format

Share Document