Managing the Internal Coordination of the Network: The Role of the Legal Doctrine and the Duty of Loyalty to the Network

2020 ◽  
Keyword(s):  
Legal Doctrine ◽  
Duty Of Loyalty

Consent in the law By Deryck Beyleveld and Roger Brownsword, Oxford: Hart Publishing, 2007. 406pp. ISBN 978-1-84113-679-0 £45.00 hardback

2008 ◽  
Vol 4 (4) ◽  
pp. 419-422
Author(s):  
William Lucy
Keyword(s):  
Valuable Contribution ◽  
Legal Doctrine ◽  
Fundamental Feature ◽  
Normative Power ◽  
The Law ◽  
Narrow Area

Deryck Beyleveld and Roger Brownsword’s new book provides an ambitious and thorough account of the role of consent in the law and, also, as a possible basis for law’s authority. Given only a slight familiarity with the previous work of its authors, the volume’s thoroughness and ambition will come as no surprise. The volume does, however, contain some surprises, two of which are particularly worth noting. One surprise, at least to those of us with our noses to the grindstone of a narrow area of legal doctrine, is the near ubiquity of consent in various areas of legal doctrine. The book serves a useful role just by reminding us of this. A second surprise is the complexity of the notion of consent itself, for Beyleveld and Brownsword are intent on determining the normative power of the notion, including the conditions under which that power can be realised, who can realise it and why it should be thought normatively significant. This, too, is a valuable contribution to our thinking about a fundamental feature of the juristic landscape.

scholarly journals HENRI LÉVY-BRUHL’S DOCTRINE ON LAW AND ON THE FORMATION OF LEGAL SCIENCE OF A NEW TYPE

2017 ◽  
Vol 3 (4) ◽  
pp. 58-66
Author(s):  
Владимир Пужаев ◽  
Vladimir Puzhaev
Keyword(s):  
Scientific Discipline ◽  
Sociology Of Law ◽  
Legal Anthropology ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
True Source ◽  
History Of ◽  
New Type ◽  
History Of Law

The article is devoted to the investigation of legal ideas of Henri Lévy-Bruhl, a French lawyer and sociologist of the XX century, who is considered to be one of the founders of contemporary sociology of law, legal ethnography and legal anthropology. The author of the article analyzes the late articles of Henri Lévy-Bruhl. The author of the article examines the notion “juristique”, introduced by the French professor, and investigates its methodological and substantial peculiarities. As a scientific discipline, “juristique” was supposed to be shaped through the integration of sociology of law, history of law and comparative law into a body. The author also pays special attention to H. Lévy-Bruhl’s theoretical views on the question of law and mechanisms of its formation, on subjects of law-making and sources of law. In particular, the author considers Lévy-Bruhl’s views of collective opinion as the only true source of law, customs’ priority over legislation among all forms of law, judicial practice as the modality of a custom. The key role of Durkheim’s sociology in the shaping of Henri Lévy-Bruhl’s legal views is also highlighted. Henri Lévy-Bruhl’s particular ideas are compared with the doctrine of historical school of law. The final part of the article is devoted to formulating a series of theses which reflect the peculiarities of Henri Lévy-Bruhl’s legal views and his role in contemporary legal doctrine.

Lex PPPs as a source of regulation of cross-border relations in the sphere of public-private partnership and the role of international organizations in formation of Lex PPPs

2021 ◽  
pp. 1-10
Author(s):  
Svetlana Valentinovna Maslova
Keyword(s):  
International Organizations ◽  
Private Investment ◽  
Legal Regulation ◽  
Public Private Partnership ◽  
Legal Doctrine ◽  
Private Partnership ◽  
Cross Border ◽  
State Actors ◽  
The Impact

Modern international and cross-border relations in the sphere of public-private partnership (PPP) undergo transformations caused by globalization processes, which leads to the amendments in their legal regulation. The impact of non-state actors increases. Although the toolset for influencing cross-border relations in the sphere of PPP retains its legal core, it is being extended by the rules established by non-state actors outside the international and national legal systems, and carry no legal weight. For PPP as a form of interaction between the state and private investment and business structures, such transformations are particularly noticeable and require precise legal qualification. The scientific novelty of this research consists in providing definition in the international legal doctrine to Lex PPPs as the regulator of cross-border relations in the sphere of public-private partnership. Based on the dialectical, logical, and formal-legal methods, assessment is given to the role of international organizations in the formation of Lex PPPs. In conclusion, the author clarifies the role of Lex PPPs within the system of regulators of public-private partnership, namely that it should not expel the legal regulation of cross-border relations in the sphere of public-private partnership; as well as offers to seek for the new forms of correlation between international law and Lex PPPs and their consolidation through the international legal regulation of public-private partnership.

Social Movements and the Legal Field: Becoming-Constituent

2019 ◽  
Vol 22 (1) ◽  
pp. 376-393 ◽  
Author(s):  
Xenia Chiaramonte
Keyword(s):  
Social Movements ◽  
Social Movement ◽  
Legal Theory ◽  
Constitutional Change ◽  
Legal Doctrine ◽  
Theoretical Understanding ◽  
Cause Lawyering ◽  
Legal Understanding ◽  
The Relationship

The relationship between social movements and the legal field is controversial and complex. This paper begins by recognizing that the concept of social movement does not belong to legal doctrine and then synthetically reconstruct the relevance of it for a legal understanding. In fact, even if this concept is not formally taken into account by constitutions or by legal codes, a socio-legal approach underscores the need for the comprehension and inclusion of collective phenomena into legal theory. First, the paper explores the way in which ‘social movement’ has been taken up and translated in the legal field through the concept of social change and constitutional change. Second, this research goes through various cases in which social movements use law strategically, from the phenomenon of cause lawyering to the litigation strategy. Finally, it stands for a theoretical understanding of the role of social movements in legal theory as a lively expression of ‘becoming-constituent’.

scholarly journals Applying International Experience in Engaging Civil Society Institutions in Anti-Corruption Processes

2019 ◽  
pp. 322-330
Author(s):  
Bogdana ZAYATS
Keyword(s):  
Civil Society ◽  
System Analysis ◽  
Political Stability ◽  
International Experience ◽  
Professional Activity ◽  
Legal Doctrine ◽  
Existing Problems ◽  
State And Local ◽  
Corruption Prevention

The article states that the existing changes in the Ukrainian society, both in economic and political spheres, influence the algorithm of formation of new relations between the state, its institutions and civil society. It is underlined that the day-to-day interaction of the authorities and the society plays the role of the key to the political stability and development of each state since the existing problems of the development of the Ukraine cannot be solved without the support of the civil society. Displayed obstacle also applies to civil society institutions. A system analysis of the role of civil society institutions in the process of preventing corruption in state and local self-government bodies has been carried out with the help of a number of doctrinal, theoretical and specific practical problems resolving. It is pointed out that the expediency of the problem of assimilation of civil society institutions in the realm of the subjects of corruption prevention is substantiated by a number of factors, the main among which is the low effectiveness of the modern methods of corruption offenses counteraction, evidenced by the persistent increase in the number of corruption episodes. This task is impossible without actualization of the national legal system. It is noted that the current condition of the legal doctrine, in the context of the study of determinants that cause inappropriate level of effectiveness of day-to-day activity of civil society institutions, is characterized by considerable invariance and, at times, contradictory concepts. It has been found that in order to form a systematic and effective mechanism for implementation of progressive international experience in the professional activity of civil society institutions there is a need to structure the existing concepts in the administrative-legal dimension of the organization of their activity that will provide actual methods to outline ways of solving these tasks in the format that have already been tried by the international community.

scholarly journals Praktyka precedensowa w porządku prawa stanowionego. Podstawowe czynniki warunkujące

2017 ◽  
Vol 110 ◽  
pp. 159-175
Author(s):  
Leszek Leszczyński
Keyword(s):  
Political System ◽  
Social Acceptance ◽  
Active Role ◽  
Legal Doctrine ◽  
Judicial Practice ◽  
Division Of Powers ◽  
Operational Interpretation ◽  
Democratic System ◽  
The Common

PRECEDENTIAL PRACTICE IN THE STATUTORY LEGAL ORDER.BASIC DETERMINING FACTORSThe purpose of the paper deals with the consideration of the several basic factors determining the development of the precedential practice in the statutory legal order. Such practice might be defined at the using the previous judicial decisions in the actual decisional process in the validation or derivative aspects of the operational interpretation of law, with potential adaptation of some so­lutions from the common law order. Among the favorable factors for the shaping of this practice one might find the maturity and the positive attitude of the judiciary, features of the specific decision-making process, the attitude of the legal doctrine, social acceptance of the active role of the judiciary bringing potentially ethical correction to the legislative regulations, the technical and informational skill in identification of the needed decisions, the reliable evaluation of the candidate for the position of judge, as well as the functioning of the principles of division of powers, rule of law and independence of judiciary, being elements of the democratic political system. On the contrary, the autocratic political system keeps the position of the strongest counter­-favorable factor to the precedential practice. One of the reasons deals with lack of the control of such practice from the center of political power, what brings the instruments that through the de­gradation of the above mentioned principles of democratic system, restrict the precedential judicial practice.

scholarly journals The Surprising Resilience of the Patent System

2016 ◽  
Author(s):  
Mark Lemley
Keyword(s):  
Patent Law ◽  
Patent System ◽  
Legal Doctrine ◽  
Legislative Reform ◽  
System P ◽  
Patent Rights ◽  
Legal Challenges ◽  
New Business ◽  
Patent Applications

The patent system seems in the midst of truly dramatic change. The lasttwenty years have seen the rise of a new business model – the patent troll– that grew to become a majority of all patent lawsuits. They have seen asignificant expansion in the number of patents granted and a fundamentalchange in the industries in which those patents are filed. They have seenthe passage of the most important legislative reform in the last sixtyyears, a law that reoriented legal challenges to patents away from courtsand toward the Patent and Trademark Office (PTO). And they have seenremarkable changes in nearly every important legal doctrine, from patenteligibility to obviousness to infringement to remedies.These changes have prompted alarm in a number of quarters. From the 1990sto the 2000s, as the number of patents and patent troll suits skyrocketed,technology companies and academics worried about the “crisis” in the patentsystem – a crisis of overprotection that might interfere with rather thanpromote innovation. By 2015, as patent reform took effect and the SupremeCourt undid many of the Federal Circuit’s expansions of patent rights, itwas patent owners who were speaking of a crisis in the patent system – acrisis of underprotection that might leave innovators without adequateprotection. Depending on one’s perspective, then, the sky seems to havebeen falling on the patent system for some time.Despite the undeniable significance of these changes in both directions,something curious has happened to the fundamental characteristics of thepatent ecosystem during this period: very little. Whether we look at thenumber of patent applications filed, the number of patents issued, thenumber of lawsuits filed, the patentee win rate in those lawsuits, or themarket for patent licenses, the data show very little evidence that patentowners and challengers are behaving differently because of changes in thelaw. The patent system, then, seems surprisingly resilient to changes inthe law. This is a puzzle. In this article, I document this phenomenon andgive some thought to why the fundamental characteristics of the patentsystem seem resistant to even major changes in patent law and procedure.The results pose some profound questions not only for efforts at patentreform but for the role of the patent system in society as a whole.

scholarly journals An Accidental Revolution: The ILO and the Opening Up of International Law

2020 ◽  
pp. 123-140
Author(s):  
Jan Klabbers
Keyword(s):  
International Law ◽  
International Organization ◽  
Labour Law ◽  
Legal Doctrine ◽  
The Creation ◽  
Opening Up ◽  
Do So

Abstract This article discusses the pioneering role of the ILO not in terms of its contribution to labour law, but in terms of its epistemic relevance: it was the first international organization which cut through the classic borderline between national law and international law. In order to do so, the article sketches pre-ILO legal doctrine, and discusses the creation and particular structure of the ILO at some length: why even create an organization to address labour issues, instead of concluding a convention? This is followed by outlining just how relevant the role of the ILO has been.

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 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. 

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