Integration of legal understanding as a methodological issue

2021 ◽  
Vol 28 (3) ◽  
pp. 47-55
Author(s):  
Petro M. Rabinovych ◽  
Serhii P. Rabinovych ◽  
Oleh Z. Pankevych
Keyword(s):  
Research Methods ◽  
Rule Of Law ◽  
Human Life ◽  
Methodological Issue ◽  
Dialectical Logic ◽  
The Rule Of Law ◽  
Main Research ◽  
The Status ◽  
Methodological Approaches ◽  
Legal Understanding

The relevance of the study is conditioned upon the pluralisation of the ideological, philosophical, and methodological foundations of legal science and attempts to theoretically overcome the competition of “positivist” and “natural” approaches to understanding law as part of an integrative legal understanding taking place against the background of such pluralisation. The purpose of the study is to identify the epistemological difficulties in constructing integral concepts of legal understanding, suggest solutions for them, and justify the option of integrative understanding of law based on a combination of dialectical and need-based methodological approaches. Main research methods. Based on dialectical logic, the essence of integrative legal understanding is covered as an attempt to synthesise contradictory approaches to understanding law, the process of integrating legal understanding is interpreted as removing contradictions in the development of legal phenomena, and integration appears as including individual moments of such development in the dynamic integrity. Based on the need-based approach, the study justifies the criterion for understanding certain phenomena as legal. Importance of the present study. It is proved that the integration of different legal understanding is a task that can be performed based on dialectical rather than formal logic, meanwhile preserving differences and contradictions between the combined conceptual elements. The study proves that during upon satisfying the needs, the properties of certain phenomena are integrated into human existence, acquiring the status of vital, and therefore normatively significant components of such existence. Therefore, the rule of law becomes the result of activity-practical integration of the phenomena serving as necessary components of human life in society

Rule of Law in India

2018 ◽  
Author(s):  
Harish Narasappa
Keyword(s):  
Human Rights ◽  
Dispute Resolution ◽  
Rule Of Law ◽  
Theory And Practice ◽  
The Rule Of Law ◽  
Social Challenges ◽  
Application Of Law ◽  
Primary Element ◽  
The Status ◽  
Dispute Resolution Mechanism

Rule of law is the foundation of modern democracies. It envisages, inter alia, participatory lawmaking, just and certain laws, a bouquet of human rights, certainty and equality in the application of law, accountability to law, an impartial and non-arbitrary government, and an accessible and fair dispute resolution mechanism. This work’s primary goal is to understand and explain the obvious dichotomy that exists between theory and practice in India’s rule of law structure. The book discusses the contours of the rule of law in India, the values and aspirations in its evolution, and its meaning as understood by the various institutions, identifying reason as the primary element in the rule of law mechanism. It later examines the institutional, political, and social challenges to the concepts of equality and certainty, through which it evaluates the status of the rule of law in India.

Canadian Exclusion Jurisprudence post-Febles

2021 ◽  
Author(s):  
Molly Joeck
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Asylum Seekers ◽  
Refugee Status ◽  
The Rule Of Law ◽  
Refugee Protection ◽  
Refugee Law ◽  
The Supreme Court ◽  
The Status ◽  
International Refugee Law

Abstract This article examines the state of Canadian refugee law since the decision of the Supreme Court in Febles v Canada (Citizenship and Immigration) [2014] 3 SCR 431. Drawing upon an analysis of a set of decisions of the Immigration and Refugee Board, the administrative tribunal tasked with refugee status determination in Canada, the article seeks to determine whether administrative decision makers are heeding the guidance of Febles when excluding asylum seekers from refugee protection on the basis of serious criminality pursuant to article 1F(b) of the 1951 Convention relating to the Status of Refugees. In doing so, it examines the controversy around article 1F(b) since its inception across various jurisdictions and amongst academic commentators, situating Febles within that controversy in order to demonstrate that the Supreme Court’s reluctance to clearly set out the purpose underlying article 1F(b) is in step with a longstanding tendency to understand the provision as serving a gatekeeping function, that prevents criminalized non-citizens from obtaining membership in our society. It argues that by omitting to set out a clear and principled standard by which asylum seekers can be excluded from refugee protection pursuant to article 1F(b), the Supreme Court failed to live up to a thick understanding of the rule of law. It concludes by calling for a reassertion of the rule of law into exclusion decision making, both nationally and internationally, in order to ensure that the legitimacy of the international refugee law regime is maintained.

Language, Rights, Remedies, and the Rule of Law

1988 ◽  
Vol 1 (1) ◽  
pp. 35-62
Author(s):  
Denise Réaume
Keyword(s):  
Supreme Court ◽  
Rule Of Law ◽  
Prima Facie ◽  
Supreme Court Of Canada ◽  
Language Rights ◽  
The Rule Of Law ◽  
English Only ◽  
The Status ◽  
French And English ◽  
Manitoba Act

When Georges Forest challenged the validity of Manitoba’s Official Language Act in 1976, he opened up the larger issue of the status of the province’s English-only legislation. The courts had little difficulty in concluding that the Act, which purported to make English the only language used in the courts and legislature of Manitoba, violated s. 23 of the Manitoba Act, 1870. This left open the fate of legislation enacted over the preceding ninety years in breach of the obligation to legislate in both French and English. Prima facie, the natural remedy, in the Canadian constitutional context, would be to declare such unconstitutional legislation invalid and therefore of no force and effect. But this would have left the province with virtually no statutory law. To avoid this result the Manitoba Court of Appeal decided that s. 23 is directory rather than mandatory. This decision was appealed to the Supreme Court of Canada. At about the same time the federal government exercised its power under the Supreme Court Act to refer these remedial issues to the Court for its legal opinion. In Reference Re Language Rights under the Manitoba Act, 1870, the Court disagreed with the Court of Appeal’s classification of s. 23 as merely directory, but was equally troubled by leaving Manitoba without any statute law. Therefore, it declared all Manitoba’s statutes since 1890 to be invalid, but deemed the rights and obligations arising under them to be temporarily in force until the province could reasonably be expected to comply with s. 23. In order to reach this unusual result the Court relied on the doctrine of the rule of law. The constitutional remedies issue posed by this case is probably the most challenging that the Canadian courts have ever faced. The Supreme Court’s approach reveals important underlying presuppositions which go unnoticed in less difficult cases.

Underground Warfare in Urban Areas

2018 ◽  
Author(s):  
Daphné Richemond-Barak
Keyword(s):  
Rule Of Law ◽  
Urban Areas ◽  
Armed Conflict ◽  
The Rule Of Law ◽  
Law Of Armed Conflict ◽  
The Status ◽  
The Law ◽  
Operational Constraints ◽  
Sewage Systems

This chapter focuses on the application of the law of armed conflict to “urban” tunnels, that is, tunnels dug near, by, or against civilians. It examines the legal ramifications of urban tunnels for anti-tunnel operations and the protection of civilians in war. It suggests some answers, with a view to reconciling the rule of law with operational constraints. It also analyzes the status of civilians who help dig tunnels or find themselves inside a tunnel at the time of a strike. Finally, it considers the situation in which preexisting underground civilian infrastructure, such as subways or sewage systems, are used to launch attacks or carry out other types of hostile activity.

scholarly journals El pensamiento computacional en Educación. Análisis bibliométrico y temático.

2020 ◽  
Vol 20 (63) ◽  
Author(s):  
Rosabel Roig-Vila ◽  
Víctor Moreno-Isac
Keyword(s):  
Research Methods ◽  
Web Of Science ◽  
Computational Thinking ◽  
Future Research ◽  
Main Research ◽  
Documentary Sources ◽  
Starting Point ◽  
The Status ◽  
Number Of Publications ◽  
Educación Primaria

El pensamiento computacional se está considerando actualmente como una de las competencias más demandadas y, de ahí, su planteamiento en el contexto educativo. Este trabajo trata de analizar la literatura científica sobre la aplicación del pensamiento computacional en el ámbito educativo publicada en las colecciones principales de la base de datos Web of Science. Se han tenido en cuenta las variables de año de publicación, los países con más producciones, los autores más productivos en este campo y fuentes documentales con mayor número de publicaciones. Asimismo, se ha realizado una clasificación según los tipos de documentos y los métodos de investigación utilizados, así como las etapas educativas objeto de estudio y los lenguajes de programación utilizados. Se ha hallado una tendencia creciente de publicaciones en esta temática, donde España es uno de los países donde más se publica. Además, se ha observado cómo este campo de estudio se ha abordado desde los dos principales métodos de investigación –cuantitativo y cualitativo— y la etapa educativa más investigada es la educación primaria. Por último, se lleva a cabo una discusión de los resultados y conclusiones, sirviendo este documento como punto de partida para futuras investigaciones sobre el pensamiento computacional en educación. The status of computational thinking as one of the most demanded skills explains why suggestions are currently being made to apply it within the educational context. This paper constitutes an attempt to analyze the scientific literature on the implementation of computational thinking in the field of education published in the most important Web of Science database collections. Attention was paid to four variables, namely: publication year; countries with more productions; the most productive authors in this field; and documentary sources with a higher number of publications. Added to this, we carried out a classification according to the types of documents and the research methods used, along with the educational stages under study and the programming language adopted. Publications are undoubtedly on an upward trend, Spain standing out as one of the most productive countries in this area. Likewise, evidence demonstrates not only that this field of study has been addressed using the two main research methods —quantitative and qualitative— but also that the emphasis has traditionally been placed on the primary education stage. A discussion of the results obtained as well as the conclusions drawn will put an end to this paper, which can hopefully serve as a starting point for future research works on the utilization of computational thinking in education.

Culture of law at Arab universities

2017 ◽  
Vol 10 (3) ◽  
pp. 392-407
Author(s):  
Adnan El Amine
Keyword(s):  
Rule Of Law ◽  
The Rule Of Law ◽  
Four Dimensions ◽  
For Profit ◽  
Not For Profit ◽  
College Of Law ◽  
The Status ◽  
Discourse Teaching ◽  
The University ◽  
Require Data

The prevalence of a culture of law at a sample of 36 Arab universities is studied in this study. It examines four dimensions of the culture of law: reference to law and its related terms in the universities discourse; teaching of law programmes and law courses; activities practised at the university that raise legal topics; and perceptions of faculty and students on the existence of a culture of law at the university. The results showed that the culture of law is fair to weak. There was not a single university in the sample that was classified as ‘above average’ in terms of the four dimensions. Five universities – all private – were classified as ‘below average’, one of which was religious and the others for-profit. Both expressions ‘rule of law’ and ‘culture of law’ were absent from the discourse. Unlike the discourse, there was not a single university lacking in the law curricula, be it programmes or courses. The existence of a college of law at a university contributes to the expansion of the culture of law at the university. The culture of law is further expanded as well at private not-for-profit universities in comparison with for-profit ones. Public universities in Tunisia lag behind other Arab universities in discourse due to their lack of interest in developing websites, whereas they are ahead in curricula and perceptions. Paradoxically, almost nothing has been written about the issue of culture of law (and the rule of law) in Arab universities. Although there is an abundance of writing on academic freedom, it does not fill the gap. It is not the remit of this paper to investigate the rule of law at Arab universities; that would require data collection on facts, practices and stories, although such a project is badly needed. Instead, it investigates the culture of law, since the author believes it is a reliable indicator of the status of the rule of law.

Instability and Uncertainty of Human Life Way Development at Life Bifurcuration Points

2020 ◽  
pp. 9-12
Author(s):  
A.V. Rukin
Keyword(s):  
Research Methods ◽  
Scientific Explanation ◽  
Human Life ◽  
Self Organization ◽  
Necessary Condition ◽  
Way Of Life ◽  
Complex Objects ◽  
Main Research ◽  
Life Path ◽  
Definition Of

Man and his individual way of life are the most complex objects of scientific research. In modern humanitarian knowledge, the question of the nature of man and his life path is debatable. The article continues the cycle of author's works devoted to the development of an informational approach to self-organization of a person and his life path. The relevance of the study is due to the need for a scientific explanation of the phenomena of self-organization in the development of human life. The purpose of this work is to identify the effect of instability and uncertainty on the development of a person’s life path at points of vital bifurcation. The article gives the author’s definition of a person’s life path, analyzes the existence of a person in conditions of intrapersonal instability and uncertainty, and the development of human life at points of vital bifurcation. The results of the study allow us to consider instability and uncertainty as a necessary condition for the emergence of processes of self-organization of a person’s life path at the point of vital bifurcation. The main research methods are reflection and modeling.

Plato's lawcode in context: rule by written law in Athens and Magnesia

1999 ◽  
Vol 49 (1) ◽  
pp. 100-122 ◽  
Author(s):  
Andrea Wilson Nightingale
Keyword(s):  
Rule Of Law ◽  
Fourth Century ◽  
The Political ◽  
Medical Texts ◽  
Philosophical Discussion ◽  
The Rule Of Law ◽  
Political Ideologies ◽  
Textual Practices ◽  
The Status ◽  
Written Law

Perhaps more than any other dialogue, Plato's Laws demands a reading that is at once historical and philosophical. This text's conception of the ‘rule of law’ is best understood in its contemporary socio-political context; its philosophical discussion of this topic, in fact, can be firmly located in the political ideologies and institutions of fourth-century Greece. In this paper, I want to focus on the written lawcode created in the Laws in the context of the Athenian conception and practice of rule by written law. How are the Athenian laws authorized, disseminated, and implemented, and how does Plato's lawcode reflect and/or depart from this model? What is the status of the ‘text’ of each lawcode? How—and how well—do the citizens know the law? When and by whom can the lawcode be altered? Recent work on literacy and on rule by written law in fourth-century Athens invites a serious reconsideration of Plato's lawcode and the polity it is designed for. Certainly Plato's Laws is grounded in a serious meditation on Athenian legislative practices. But Plato adds a novel ingredient to his legislation—the ‘Egyptian’ practice of ‘doing things by the book’ exemplified by (among other things) the institution of laws which compel doctors to treat patients in strict accordance with venerable and, indeed, sacred medical texts. As I will argue, the ‘Egyptian’ medical and textual practices offer a model for the rule of law quite different from that found in Athens.

scholarly journals Formation’s Principles of the Judiciary of Ukraine

2021 ◽  
Vol 7 (6) ◽  
pp. 1001-1009
Author(s):  
Vitaliy Hudyma
Keyword(s):  
Rule Of Law ◽  
Professional Competence ◽  
Political Influence ◽  
The Political ◽  
Law And Order ◽  
Basic Principles ◽  
The Rule Of Law ◽  
Supreme Council ◽  
The Status ◽  
Definition Of

The article reveals and researches the basic principles of the formation of the judiciary in Ukraine. It is established that judicial corps should be understood as an appropriate number of civil servants who hold the relevant positions as judges in the judicial bodies of Ukraine. It has been proved that judges make universally binding decisions, which determine, for example, other processes of maintaining law and order in the state. It is determined that the legislation lacks a clear definition of the term “judiciary” and lacks the primary grounds and principles by which the process of formation of the judicial corps in Ukraine should take place. It is established that the principles of formation of the judiciary in Ukraine should be based on the requirements for candidates for the position of judges, which are defined by Article 69, “Requirements for candidates for the position of the judge” of the Law of Ukraine “On Judiciary and the Status of Judges”. It is proved that one of the components of the procedure for the formation of the judiciary in Ukraine is the qualification assessment of candidates for the position of judges. It was found out that the qualification assessment of judges by the criterion of professional competence should be based on the principle of specialization and instance. It is established that the main principles based on which the appointment of judges-candidates for the positions of members of the Supreme Council of Justice are: the principle of the rule of law; the principle of professionalism; the principle of publicity; the principle of political neutrality. It is determined that one of the critical principles of formation of the judiciary in Ukraine should be the principle of non-political influence, namely its essence is revealed in the fact that entities that will participate both directly and indirectly in the formation of the judiciary should not, in any case, have any relation to the political sphere. It is noted that the prospects for further research in this area are the study of the holistic system and features of the formation of the judiciary in Ukraine.

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