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 Technical and legal culture as the basic basis for the effective functioning of the system of power and non-power principles of modern Russian law

2021 ◽  
pp. 8-16
Author(s):  
Marina Baranova ◽  
Olga Kuptsova
Keyword(s):  
Modern Society ◽  
Legal Culture ◽  
Industrial Society ◽  
Professional Activity ◽  
Russian Society ◽  
Legal Practice ◽  
Effective Functioning ◽  
Working Definition ◽  
Russian Law ◽  
Modern Russian

The article is devoted to the analysis of the concept and specifics of the emerging technical and legal culture in the conditions of a new technological way of life characteristic of post-industrial society. The legal culture of modern Russian society is characterized by a change in its essential basis, which is based on the revival of a number of traditions, the formation of innovations in line with the active processes of digitalization of society, this gives reason to believe that there is a need to distinguish and distinguish from related legal phenomena an independent legal category – technical and legal culture. The prospective relevance of the research is based, first of all, on the challenges of legal practice, which determine a set of clear requirements for the professional activity and training of a lawyer. Recognizing the validity of the conclusion about the inseparable connection of legal and non-legal, power and non-power regulators and instruments of influence, it should be assumed that this has a significant impact on the specifics of legal technology, legal culture, technical and legal culture in relation to various types of legal practice. The analysis of the possibility of a specific division of technical and legal culture is particularly relevant, its main features are revealed in accordance with these typological groups. Based on the dominant features and manifestations of technical and legal culture, analyzed in the context of the search for the basis for the effective functioning of the system of power and non-power principles of modern Russian law, the article offers a primary, “working” definition of the concept of technical and legal culture, which as an independent phenomenon is currently in the formation stage. Its active development will contribute not only to the improvement of legal culture in general, but also to the development of various spheres of modern society.

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 Quantifying Legal Entropy

2021 ◽  
Vol 9 ◽  
Author(s):  
Ted Sichelman
Keyword(s):  
Information Theory ◽  
Information Content ◽  
Legal System ◽  
Legal Systems ◽  
Information Costs ◽  
Precise Quantification ◽  
The Law ◽  
Legal Contexts ◽  
Definition Of ◽  
Quantitative Definition

Many scholars have employed the term “entropy” in the context of law and legal systems to roughly refer to the amount of “uncertainty” present in a given law, doctrine, or legal system. Just a few of these scholars have attempted to formulate a quantitative definition of legal entropy, and none have provided a precise formula usable across a variety of legal contexts. Here, relying upon Claude Shannon's definition of entropy in the context of information theory, I provide a quantitative formalization of entropy in delineating, interpreting, and applying the law. In addition to offering a precise quantification of uncertainty and the information content of the law, the approach offered here provides other benefits. For example, it offers a more comprehensive account of the uses and limits of “modularity” in the law—namely, using the terminology of Henry Smith, the use of legal “boundaries” (be they spatial or intangible) that “economize on information costs” by “hiding” classes of information “behind” those boundaries. In general, much of the “work” performed by the legal system is to reduce legal entropy by delineating, interpreting, and applying the law, a process that can in principle be quantified.

scholarly journals Transfer of Ownership in fiducia and Trust – Preliminary Considerations on the Possibilty of Application of the Hague Convention on the Law Applicable to Trusts and on their Recognition

2018 ◽  
Vol 55 (3) ◽  
pp. 579-605
Author(s):  
Tomislav Karlović
Keyword(s):  
Legal System ◽  
Hague Convention ◽  
Roman Law ◽  
Real Property ◽  
Legal Rules ◽  
Significant Difference ◽  
The Hague ◽  
The Law ◽  
Definition Of ◽  
The Hague Convention

Considering the main characteristics of fiducia in Roman law, as well as its functions and place within the real property law and the law of obligations, two features that are also prominent in the definition of anglosaxon trust stand out. These are the fiduciary nature of the relationship between the interested parties, as fides (trust) formed the initial basis of both institutes in the period before they were legally recognized, and the transfer of ownership made for specific purpose, different from the regular enjoyment of the object by the owner. However, there is a significant difference between the two (fiducia and trust) becuase of the duality between common law and equity in English legal system. While the mutual interests of the parties to fiducia in Roman law were protected only by personal actions (actiones in personam), parties’ proprietary interests in English trust were (and still are) recognized with the parallel existence of legal and equitable title. In contemporary Croatian law of real property the closest thing to the division of titles exists with regard to the conditionally transferred ownership as regulated in Art. 34 of Ownership and Other Proprietary Rights Act, entaling the division on prior and posterior ownership, both of which can be entered into Land registry and other registries. In the article it is analysed how this division and the following registration of both titles could allow for the effects to be given to trusts, in case it would be pondered on the benefits of accession of Croatia to the Hague Convention on the Law Applicable to Trusts and on their Recognition. Accordingly, after the exposition of Croatian law, it is given a short overview of English trust with emphasis on trusts of land and, subsequently, of the rules of the Hague Convention on the Law Applicable to Trusts and on their Recognition. In the conclusion it is argued that perceived incompatibility of trust with civilian legal system can be overcome in Croatia with the help of extant legal rules regarding conditionally transferred ownership. Also, this incompatibility has already been refuted in several European continental countries from which examples lessons should be studied and learned, what would be the next step in the deliberations on the accession to the Hague Convention on the Law Applicable to Trusts and on their Recognition.

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 OVERCOMING LEGAL NIGILISM, RESOLUTION OF LEGAL CONFLICTS AND RESTRICTION OF LAW ABUSING- VALIDITY BASIS OF LAW FORMATION

2020 ◽  
Keyword(s):  
Civil Society ◽  
Legal System ◽  
Legal Status ◽  
Legal Culture ◽  
Exclusion Zone ◽  
Legal Norms ◽  
Legal Principles ◽  
The Law ◽  
Real Assets ◽  
Abuse Of Law

The aim of the article is to investigate the reasons of legal nihilism and abuse of law origin, to find the optimal ways of overcoming these negative legal phenomena and, as a result, to solve legal conflicts in the activity of state authorities and local self-government, their officials, providing recommendations on introducing liability for law abusing. The process of establishing respect to the law is primarily connected with overcoming legal nihilism, legal conflicts and abuse of law limitation. Legal nihilism retards the decent development of the legal system, encumbers the access of society members to legal values and becomes a serious obstacle on the way of the formation of civil society. Specificity of any legal conflict lays in the fact that is its features and peculiarities are shown, seen and characterized from the position of law, specific legal norms and their requirements, decrees, orders to be perceived and evaluated differently by subjects of law A sense of respect together with legal awareness allows a person logically, reasonably, rationally evaluate and find the most suitable way of behavior and legitimate actions. When manifesting real respect here operates one of the important legal principles of civil society - respect for the rights and freedoms of others as their own. This principle is based on the necessity to keep away from any actions (inaction) so directly or indirectly worsening social or legal status of an individual. We mean here exclusion of not only unlawful actions, but also the facts of rude misuse of law. Factors of rude misuse of law are real assets of law practice, therefore, when understanding problems related to the establishment and development of legal awareness, legal culture, and respect for the law, it is necessary to consider the fact that legislation doesn`t forbid to do evil and is the abuse of law in its purest form. And it cannot be avoided, since law shouldn`t be ubiquitous, otherwise a person would be completely deprived of freedom. However, a civil society, betaking spiritual and moral potential capabilities, can create a certain exclusion zone for people challenging law abusing.

scholarly journals APPRAISING THE LAW OF WILLS IN A CONTRACT

2019 ◽  
Vol 3 (1) ◽  
pp. 46
Author(s):  
Emad Mohammad Al Amaren ◽  
Rachma Indriyani
Keyword(s):  
International Trade ◽  
International Law ◽  
Legal System ◽  
Critical Issue ◽  
High Stakes ◽  
Economic Exchanges ◽  
The Will ◽  
The Law ◽  
Definition Of

<p>Contracts play a significant role in both economic and commercial transactions, whether internal contract within a national legal system of a State or contract with international nature due to there is more than one legal system would be involved. As a tool that runs international trade and a means of economic exchanges across the border, it can not be denied that many practitioners have high stakes and interest through a contract. The internationality of the contract may impose its subordination to a law other than the law of the judge, and may be subjected to the international substantive rules represented in the most common rules of international law or common principles of international trade rules. Therefore, the definition of the concept of an international contract is a critical issue for the consequences of this limitation. Therefore, the appraisal between domestic and international contract is crucial to do as well as the role of the will in internationalizing the contract.</p>

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.

scholarly journals The Dispute Settlement Model of Regional Head Election Perspective Theory of Legal System in Indonesia

2017 ◽  
Vol 5 (1) ◽  
pp. 97-106 ◽  
Author(s):  
Dedi Mulyadi ◽  
Tanti Kirana Utami
Keyword(s):  
Law Enforcement ◽  
Legal System ◽  
Dispute Settlement ◽  
Descriptive Analysis ◽  
Legal Culture ◽  
Law System ◽  
Perspective Theory ◽  
The Law ◽  
The Moment ◽  
Electoral Law

The effectiveness of law enforcement depends on three law aspects; those are the structure of law, the substance of the law, and legal culture. Law structure is about the law enforcers, law substance is about the legislative means, and law culture is about a living law adopted by society. This study defines the background of simultaneous regional head elections in Indonesia, the problems of the simultaneous regional head elections in Indonesia, and the implementation of legal system theory to solve the simultaneous regional head election problems in Indonesia. The research method used is normative juridical with the specification of descriptive analysis research. The result of the research is needed permanent law structures that cover (Election Police, Election Prosecutor, Election lawyer, and Election Jury), the law substance through the issuing of general regulations (lex general) which can integrate the Laws of Legislative, Presidential, and Regional Head Elections (lex specialist) and the legal culture of society as human behavior (including the legal culture of law enforcement officers) on the electoral law and law system that are in force at the moment.

scholarly journals PERSEPSI PELAKU KEKERASAN DALAM RUMAH TANGGA TERHADAP UU PKDRT NO 23 TAHUN 2004

2014 ◽  
Vol 6 (2) ◽  
Author(s):  
Jamilah Jamilah ◽  
Akmal Adicahya
Keyword(s):  
Domestic Violence ◽  
Legal System ◽  
Legal Culture ◽  
Public Acceptance ◽  
Psychological Condition ◽  
The Law

The Domestic Violence Act of Indonesia has been applied for 10 years. However, it seems this act does not reduce significantly the practice of domestic violence. Lawrence Friedman emphasizes that there is legal culture that influences legal system. It means that the acceptance of citizen influences the quality of legal system. This research shows that the offenders of domestic violence accept the regulation. Moreover, they consider this regulation as good act to implement. However, there are several factors that make them still practice violence toward their family. Less knowledge, public acceptance and psychological condition contribute to the level of obedience before the law. Therefore, citizens need a good and massive socialization from government about this regulation.

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