LEGAL SYSTEM OF RUSSIA AND WESTERN LEGAL FAMILIES

2020 ◽  
Author(s):  
Тамерлан Шайх-Магомедович Едреев
Keyword(s):  
Legal System ◽  
Legal Systems ◽  
The World ◽  
Russian Law

Несмотря на то, что большинство специалистов считает, что место российской правовой системы на правовой карте мира определено, остаются дискуссии на этот счет. Кроме того, российское право испытывает влияние со стороны различных правовых систем что находит отражение как в законодательстве, так и на практике. Despite the fact that most experts believe that the place of the Russian legal system on the legal map of the world has been determined, discussions remain on this subject. In addition, Russian law is influenced by various legal systems, which is reflected both in legislation and in practice.

scholarly journals Scots law: a system in search of a family?

2020 ◽  
Vol 61 (4) ◽  
pp. 311-327
Author(s):  
Sue Farran
Keyword(s):  
South Africa ◽  
Legal System ◽  
Historical Background ◽  
Normative Values ◽  
Political Society ◽  
Legal Systems ◽  
Global Community ◽  
Starting Point ◽  
The World ◽  
Typical Mode

The concept of legal families is familiar to most comparativists and although miscegenation is an increasingly common feature in a global community, arguably an understanding of family origins may help to anticipate differences of approach, ideology, attitudes to law and diverging normative values. Classification into families, despite various criticisms and disagreements as to which families there are or how they should be distinguished, provides a useful tool for the comparativists and those seeking, reform, unification or harmonisation.The Scottish legal system, however, is one that tends to elude classification. Even where “mixed” or “hybrid” legal systems are recognised, that of Scotland may be omitted or distinguished from those of, for example, Greece, South Africa, Israel or the Seychelles.This begs the question, what is a legal system and how is it distinguished? This paper examines the Scottish legal system, taking as its starting point a focus on juristic style as the key distinguishing feature of a legal system and looking at the key elements that eminent comparativists Zweigert and Kötz suggest shape this. These are: the historical background and development; its typical mode of thought; its distinctive institutions; the types of legal sources it acknowledges; and its ideology. Looking particularly at the academic debates that have arisen in Scotland concerning the nature and identity of Scots law, the paper goes on toconsider whether the claim to a distinct legal system is anything more than a manifestation of the fact that “each political society in the world has its own law”,1 and that in fact the time has come to abandon the notion of families.

Comparative Law and the Study of Mixed Legal Systems

2019 ◽  
pp. 473-501
Author(s):  
Jacques Du Plessis
Keyword(s):  
Legal System ◽  
Legal Pluralism ◽  
Comparative Law ◽  
Legal Systems ◽  
Comparative Analyses ◽  
The World ◽  
Mixed Nature ◽  
Key Questions

Legal systems generally are ‘mixed’ in the sense that they have been influenced by a variety of other systems. However, while some legal systems, for a period of time at least, reach a certain level of uniformity, the diversity or ‘mixedness’ of the origins of other systems is more pronounced. This chapter deals with the experiences of the latter systems, and especially with their relevance to the discipline of comparative law. The focus is first on the concept of a mixed legal system, as well as related concepts, such as legal pluralism and hybridity, that have gained prominence in comparative analyses. Thereafter key questions that arise from these analyses are then considered in detail. These questions include how the mixed nature of legal systems is to be dealt with in representations of legal diversity of the world, how mixed legal systems are formed, and what could be learned from their experiences.

scholarly journals MEMBANGUN SISTEM HUKUM PANCASILA YANG MERDEKA DARI KORUPSI DAN MENJUNJUNG HAM

2014 ◽  
Vol 8 (1) ◽  
pp. 19-26
Author(s):  
Teguh Prasetyo
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Human Dignity ◽  
Legal Systems ◽  
The World

AbstrakSebagai negara yang sudah merdeka selama 68 tahun, Indonesia seharusnya sudah mempunyai sistem hukumnya sendiri yang sesuai dengan kepribadian bangsa Indonesia. Sistem hukum Indonesia tersebut harus dibangun berdasarkan Pancasila yang menampilkan karakteristik ke-Indonesia-an di tengah-tengah sistem hukum lain di dunia. Sistem hukum Pancasila merupakan suatu sistem hukum yang bermoral dan bermartabat. Bermoral berarti bahwa sistem hukum di Indonesia sistem hukum yang merdeka dari korupsi. Sedangkan sistem hukum yang bermartabat adalah sistem hukum yang menjunjung nilai-nilai kemanusiaan terutama di bidang HAM.AbstractHaving been independent for 68 years, Indonesia should have had its own legal system that suits the character of the Indonesian nation. Indonesias legal system have to be constructed based on Pancasila which reflects all the characteristics of Indonesia particularity in the midst of other legal systems in the world. The legal system based on Pancasila is a legal system that emphasizes moral and human dignity. Legal morality means that the legal system in Indonesia is free from corruption. While the legal system with dignity is a legal system that upholds the values of humanity, especially in the field of human rights.

The Influences of Common Law on the Brazilian New Code of Civil Procedure

2018 ◽  
Vol 46 (3) ◽  
pp. 176-180
Author(s):  
Lucas Alves Edmundo Gomes
Keyword(s):  
Legal System ◽  
English Language ◽  
Islamic Law ◽  
Common Law ◽  
Civil Law ◽  
Civil Procedure ◽  
The Other ◽  
Legal Systems ◽  
Other Hand ◽  
The World

AbstractMost legal scholars assume that there are only two “families” of legal systems in the world: common law and civil law. Briefly, common law is applied in all countries that speak the English language and has its origination from the “habits of society.” On the other hand, civil law is applied just about everywhere else, with a few exceptions, such as in tribal law areas, jurisdictions that follow Islamic law, and a few other smaller legal systems. Brazil's New Code of Civil Procedure was promulgated in 2015 and brought innovations to Brazilian law. Elements of common law were incorporated into the Brazilian legal system, particularly that of using precedent. The application of common law elements in Brazilian law is being studied by various legal specialists. This present study explains how common law can be applied in civil law jurisdictions, similar to the way it is being adapted and applied in Brazil.

scholarly journals TIME PERIOD CALCULATING PROCEDURES IN ROMANO-GERMANIC, RUSSIAN AND COMMON LAW AND THEIR LINK TO THE COMMORIENT FICTION

2020 ◽  
Vol 4 ◽  
pp. 8-12
Author(s):  
Vyacheslav B. Panichkin ◽  
◽  
Elena V. Panichkina ◽  
Keyword(s):  
Common Law ◽  
Civil Law ◽  
Legal Systems ◽  
Time Period ◽  
Natural Time ◽  
The World ◽  
Time Calculation ◽  
Russian Law ◽  
Anglo American

The article shows three models of calculating time in relation to civil law relations on the example of several jurisdictions representing the main private legal systems of the world. The author proves that adherence to the particular order of time computation is strongly related to the reception of one of the three traditional doctrines: Roman civil, Roman natural and Anglo-American. All three procedures of use of the order of time calculating are analyzed on the example of the institute of commorientes (heirs in simultaneous death and death in quick succession). Also author depicts the evolution of Russian Law and its transition from civil to natural time calculation in relation to the rules of succession by heirs in simultaneous death and death in quick succession.

‘Obligations’, Decolonization and Indigenous Rights to Governance

2014 ◽  
Vol 27 (1) ◽  
pp. 259-282 ◽  
Author(s):  
Gordon Christie
Keyword(s):  
Legal System ◽  
Indigenous Rights ◽  
Indigenous Communities ◽  
Legal Obligation ◽  
Indigenous Culture ◽  
Legal Systems ◽  
Legal Obligations ◽  
The World ◽  
Complex Landscape ◽  
Working Out

Many contemporary Indigenous communities in Canada assert an ability to make fundamental authoritative decisions about what is acceptable use of their territories. I focus on the question of legal obligations that might befall the Crown in its relationships with these communities and their claims. I argue that any such obligations must be seen as culturally and contextually specific, not only in the sense that particular Crown obligations take on content and form within the context of the culture within which the Canadian legal system has emerged but also in the sense that this non-Indigenous culture and history generate the very meaning of the notion of ‘obligation’ here at play. This culturally determined meaning functions to make it extremely difficult to make sense of the notion the Crown actually has legal obligations in relation to Indigenous assertions of authority over territories. This suggests decolonization in this context should be focused on discursive colonization and its undoing. Along those lines I offer a sketch of what ‘legal obligation’ might mean in an Indigenous cultural-historical setting. Within this way of understanding the situation, addressing questions of Crown obligations would begin with consideration of Indigenous systems of meaning-generation. Analysis would focus on working out what it means within such normative worlds to determine a party has a legal obligation, and would then turn to what this has to say about legal obligations that might be understood to fall on the Crown.I argue that while the Crown will almost certainly not respond to claims it has legal obligations within what it takes to be separate legal systems, describing the landscape this way paints a truer picture of the world as it presents itself. The landscape has been, and continues to be, one of distinct meaning-generating peoples, each determining what it understands such concepts as ‘legal obligations’ to mean and entail. The colonial agenda has been for many generations to deny the existence of Indigenous systems, to have Indigenous communities come to think of ‘legal obligations’ in ways colonial authorities determine. Decolonization – in this form – requires a backing out of these ways of thinking. This article clears away forms of thinking that obstruct our view, giving us all an opportunity to perceive the complex landscape we in fact inhabit.

Adab Konstitusi; Upaya Meluruskan Kesesatan Pikir Konstitusi

2017 ◽  
Vol 1 (1) ◽  
Author(s):  
Yogi Prasetyo
Keyword(s):  
Legal System ◽  
The Political ◽  
Legal Basis ◽  
Political Interests ◽  
The World

The Constitution as the legal basis for formation of legislation in the system of Indonesia. The misuse of the constitution (UUD 1945) by the political interests of goverment caused mislead and made the situation of the nation getting worse. Liberal capitalistic value wrapped in modern positivistic legal system that puts the ratio had diverge from culture constitution. needs to be clarified with the balance of conscience through culture constitution. Culture constitution is a constitutional concept who saw citizen of Indonesia as creatures of God by virtue of intelligence and unseen. So with that constitution is formed, conceived and executed to be qualified and to bring the benefit of the world and the hereafter.

scholarly journals The Transplant of Trusts in Different Legal Jurisdictions: The Example of China

Global Jurist ◽  
2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Giulia Terranova
Keyword(s):  
Legal System ◽  
Common Law ◽  
Civil Law ◽  
Original Model ◽  
People’S Republic Of China ◽  
Legal Institution ◽  
Legal Systems ◽  
People's Republic Of China ◽  
Republic Of China ◽  
Trust Law

AbstractLegal transplants are considered a significant factor in the evolution of legal systems. One example of transplant of a legal institution through its prestige is the diffusion of the trust from the English legal system to other common law systems and to many civil law countries. One of these is China that in 2001 enacted the Trust Law of the People’s Republic of China. This paper wants to analyse the trust under the Trust Law and to compare it with the original model in the English legal system, understanding how far or how close it is from the original one.

The Shari’a Approach to Contemporary Problems of Mass Surveillance

2020 ◽  
Vol 0 (0) ◽  
Author(s):  
Sattam Eid Almutairi
Keyword(s):  
North America ◽  
Personal Data ◽  
Legal Systems ◽  
Legal Norms ◽  
Muslim Countries ◽  
Norms And Values ◽  
The World ◽  
State Surveillance ◽  
Mass Surveillance ◽  
Do So

AbstractThe phenomenon of mass surveillance has confronted legal systems throughout the world with significant challenges to their fundamental norms and values. These dilemmas have been most extensively studied and discussed in relation to the kind of privacy cultures that exist in Europe and North America. Although mass surveillance creates the same kinds of challenges in Muslim countries, the phenomenon has rarely been discussed from the perspective of Shari’a. This article seeks to demonstrate that this neglect of mass surveillance and other similar phenomena by Shari’a scholars is unjustified. Firstly, the article will address objections that Shari’a does not contain legal norms that are relevant to the modern practice of state surveillance and that, if these exist, they are not binding on rulers and will also seek to show that, whatever terminology is employed, significant aspects of the protection of privacy and personal data that exists in other legal systems is also be found deeply-rooted in Shari’a. Secondly, it will assess the specific requirements that it makes in relation to such intrusion on private spaces and private conduct and how far it can benefit from an exception to the general prohibition on spying. Finally, it is concluded that mass surveillance is unlikely to meet these Shari’a requirements and that only targeted surveillance can generally do so.

China’s Fairness Discourses and Allocation of Climate Responsibility

2021 ◽  
Vol 5 (1) ◽  
pp. 63-95
Author(s):  
Feiyue Li
Keyword(s):  
Climate Change ◽  
Legal System ◽  
Fair Allocation ◽  
Active Engagement ◽  
Global Response ◽  
Climate Change Negotiations ◽  
The World ◽  
International Climate ◽  
International Legal System ◽  
Per Capita

Abstract The idea of ‘fairness’ may be viewed as fundamental to a nation’s participation in the development of the international legal system governing climate change. As the second-largest economy and the largest Greenhouse Gas (GHG) emitter in the world, China’s actions on climate change are critical to the global response. Indeed, international cooperation on climate change is unlikely to succeed without China’s active engagement. Therefore, China’s perception of the fairness of responsibility allocation will significantly influence its attitudes toward its international climate responsibilities. However, limited work has been done to date to concretely examine China’s perspective of the fairness of responsibility allocation and to understand its fairness discourses and practices of climate responsibility in a dynamically evolved process. This article aims to fill that gap in the literature by elucidating how China perceives the fair allocation of climate responsibility and how its fairness discourses and practices have evolved over the course of the three phases of international climate change negotiations. It will be shown that China has perceived the factors of historically accumulated emissions, per capita emissions and capability to lie at the very core of its understanding of fairness.

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