Conclusion

2018 ◽  
pp. 280-322
Author(s):  
Ahmad S. Dallal
Keyword(s):  
Eighteenth Century ◽  
Primary Site ◽  
Legal Tradition ◽  
Political Crises ◽  
The Social ◽  
Religious Law ◽  
The Law ◽  
Historical Writings

Whether through a deliberate and conscious reconfiguring of choice juristic symbols and idioms, or through an academic attempt to order and classify the cumulative outcomes of a gradually emerging legal tradition, the legal writings of eighteenth century reformers were also historical writings that reflected on the historical contexts in which the law was articulated, and commented on the social and political crises of their times. As such, the legal writings of eighteenth-century reformers were sites in which traditional notions of authority were assessed, contested and restructured. This Chapter focuses on this aspect of eighteenth century legacy. It underscores the fact that the primary site of eighteenth century reform was in the fields of usul (theoretical principles). It also outlines the systematic arguments generated in the eighteenth century that limited the scope of religious law rather than extending it endlessly through legal analogy.

Monarchy

2014 ◽  
Author(s):  
Joël Félix
Keyword(s):  
Eighteenth Century ◽  
Public Opinion ◽  
Modern World ◽  
Reform Initiatives ◽  
Old Regime ◽  
Political Crises ◽  
The Social ◽  
Major Reform ◽  
Louis Xvi ◽  
Louis Xv

This chapter examines the social and political structures of the absolute monarchy. It explores the extent to which tensions and conflicts in the mid-eighteenth century, in particular disputes between government and parlements, divided the elites over reform and policy, and opened up the realm of politics to public opinion. Reviewing the fate of major reform initiatives through the reigns of both Louis XV and his grandson Louis XVI, it argues that political crises paralysed the ability of royal institutions to enforce authority and generate consensus, thus making the transition from the old regime to the modern world necessary and inevitable.

scholarly journals The “Lower Branches” of the Legal Profession: A London Society of Attorneys and Solicitors of the 1730s and its “Moots”

1990 ◽  
Vol 49 (3) ◽  
pp. 461-490 ◽  
Author(s):  
Henry Horwitz ◽  
Lloyd Bonfield
Keyword(s):  
Eighteenth Century ◽  
Geographical Distribution ◽  
Legal Profession ◽  
Social Origins ◽  
The West ◽  
The Social ◽  
The Law

The history in the eighteenth century of attorneys and solicitors—those who “practiced the forms or ‘mechanics’ of the law”—was first investigated in depth in Robert Robson's monograph of 1959. More recently, and following upon Geoffrey Holmes's suggestive survey of the lawyers in Augustan England, articles by M. Miles and A. Aylett have enlarged our knowledge of the social origins and geographical distribution of attorneys over the century as a whole and offered detailed analyses of attorneys' business in the West Riding and Cheshire during the latter half of the century.

scholarly journals The Importance of the Convergence of Legal Cultures for Modern Trends of Integration

2015 ◽  
Vol 1 (1) ◽  
pp. 110
Author(s):  
Hanna Duszka Jakimko
Keyword(s):  
Legal Culture ◽  
Moral Pluralism ◽  
Legal Tradition ◽  
General Terms ◽  
The Social ◽  
Legal Thinking ◽  
The Law ◽  
Constitutional Tradition ◽  
Political Economic ◽  
The Impact

Reflections on the importance of cultural convergence and integration in the European countries of the region are still present in the social, economic and legal discourse. Converging trends, in most general terms, mean strengthening, consolidation and merging international political, economic and cultural cooperation. A contribution to this is given by processes widely discussed in the literature like globalization, economic liberalization and political, ideological and moral pluralism. The phenomenon of convergence applies to law as such. The above mentioned factors are fostering the convergence of law. However, one can indicate conditions shaping legal integration in a specific way. An adhesive joining the European legal culture tends to be a common legal tradition of states of the relevant cultural area, constitutional tradition, ethical values - humanity, freedom, justice and equality - defining the legal thinking and interpretation of the law. These considerations aim to illustrate the importance of the convergence of legal cultures to seek answers about the role and importance of law and changes in the way of understanding of the law within globalization and integration processes. For this purpose, the concept of globalization will be reconstructed as well as the idea of integration, culture and legal culture, and then described the impact of converging trends on the processes of creation, interpretation and application of the law.

Lord Dacre and the Politics of the Scottish Enlightenment

2005 ◽  
Vol 84 (2) ◽  
pp. 202-220 ◽  
Author(s):  
Colin Kidd
Keyword(s):  
Political Economy ◽  
Eighteenth Century ◽  
Cultural History ◽  
Economic Transformation ◽  
Scottish Enlightenment ◽  
North East ◽  
The Social ◽  
Romantic Movement ◽  
Scottish History

Hugh Trevor-Roper (Lord Dacre) made several iconoclastic interventions in the field of Scottish history. These earned him a notoriety in Scottish circles which, while not undeserved, has led to the reductive dismissal of Trevor-Roper's ideas, particularly his controversial interpretation of the Scottish Enlightenment, as the product of Scotophobia. In their indignation Scottish historians have missed the wider issues which prompted Trevor-Roper's investigation of the Scottish Enlightenment as a fascinating case study in European cultural history. Notably, Trevor-Roper used the example of Scotland to challenge Weberian-inspired notions of Puritan progressivism, arguing instead that the Arminian culture of north-east Scotland had played a disproportionate role in the rise of the Scottish Enlightenment. Indeed, working on the assumption that the essence of Enlightenment was its assault on clerical bigotry, Trevor-Roper sought the roots of the Scottish Enlightenment in Jacobitism, the counter-cultural alternative to post-1690 Scotland's Calvinist Kirk establishment. Though easily misconstrued as a dogmatic conservative, Trevor-Roper flirted with Marxisant sociology, not least in his account of the social underpinnings of the Scottish Enlightenment. Trevor-Roper argued that it was the rapidity of eighteenth-century Scotland's social and economic transformation which had produced in one generation a remarkable body of political economy conceptualising social change, and in the next a romantic movement whose powers of nostalgic enchantment were felt across the breadth of Europe.

SOCIAL RESPONSIBILITY OF THE COURT AS A PREREQUISITE FOR THE LEGAL RESPONSIBILITY OF A JUDGE

2017 ◽  
Author(s):  
Yaroslav Skoromnyy ◽  
Keyword(s):  
Social Responsibility ◽  
Legal Responsibility ◽  
Court Cases ◽  
Council Of Europe ◽  
The Public ◽  
The Social ◽  
Modern System ◽  
The Status ◽  
The Law ◽  
Conceptual Foundations

The article reveals the conceptual foundations of the social responsibility of the court as an important prerequisite for the legal responsibility of a judge. It has been established that the problem of court and judge liability is regulated by the following international and Ukrainian documents, such as: 1) European Charter on the Law «On the Status of Judges» adopted by the Council of Europe; 2) The Law of Ukraine «On the Judicial System and the Status of Judges»; 3) the Constitution of Ukraine; 4) The Code of Judicial Ethics, approved by the Decision of the XI (regular) Congress of Judges of Ukraine; 5) Recommendation CM/Rec (2010) 12 of the Cabinet of Ministers of the Council of Europe to member states regarding judges: independence, efficiency and responsibilities; 6) Bangalore Principles of Judicial Conduct. The results of a survey conducted by the Democratic Initiatives Foundation and the Razumkov Center, the Council of Judges of Ukraine and the Center for Judicial Studios with the support of the Swiss Agency for Development and Cooperation based on the «Monitoring of the State of Independence of Judges in Ukraine – 2012» as part of the study of the level of trust in the modern system were considered and analyzed, justice, judges and courts. It is determined that a judge has both a legal and a moral duty to impartially, independently, in a timely manner and comprehensively consider court cases and make fair judicial decisions, administering justice on the basis of legislative norms. Based on the study of the practice of litigation, it has been proven that judges must skillfully operate with various instruments of protection from public influence. It has been established that in order to ensure the protection of judges from the public, it is necessary to create special units that will function as part of judicial self-government bodies. It was proposed that the Council of Judges of Ukraine, which acts as the highest body of judicial self- government in our state (in Ukraine), legislate the provision on ensuring the protection of the procedural independence of judges.

LEGAL ESSENCE OF ANCIENT PROVERBS AND SAYS AND THEIR SOCIAL SIGNIFICANCE

2020 ◽  
Author(s):  
Angela Dranishnikova ◽  
Ivan Semenov
Keyword(s):  
Public Sphere ◽  
Rule Of Law ◽  
Social Significance ◽  
The Rule Of Law ◽  
The Public ◽  
Moral Standards ◽  
The Social ◽  
The Law ◽  
The Public Sphere ◽  
Status Position

The national legal system is determined by traditional elements characterizing the culture and customs that exist in the social environment in the form of moral standards and the law. However, the attitude of the population to the letter of the law, as a rule, initially contains negative properties in order to preserve personal freedom, status, position. Therefore, to solve pressing problems of rooting in the minds of society of the elementary foundations of the initial order, and then the rule of law in the public sphere, proverbs and sayings were developed that in essence contained legal educational criteria.

The Laws of Hammurabi

2020 ◽  
Author(s):  
Pamela Barmash
Keyword(s):  
Eighteenth Century ◽  
Roman Law ◽  
Intellectual Culture ◽  
Biblical Law ◽  
Intellectual Tradition ◽  
Legal Principles ◽  
Copernican Revolution ◽  
The Subject ◽  
The Law

The Laws of Hammurabi is one of the earliest law codes, dating from the eighteenth century BCE Mesopotamia (ancient Iraq). It is the culmination of a tradition in which scribes would demonstrate their legal flair by composing statutes on a repertoire of traditional cases, articulating what they deemed just and fair. The book describes how the scribe of the Laws of Hammurabi advanced beyond earlier scribes in composing statutes that manifest systematization and implicit legal principles. The scribe inserted the statutes into the structure of a royal inscription, skillfully reshaping the genre. This approach allowed the king to use the law code to demonstrate that Hammurabi had fulfilled the mandate to guarantee justice enjoined upon him by the gods, affirming his authority as king. This tradition of scribal improvisation on a set of traditional cases continued outside of Mesopotamia, influencing biblical law and the law of the Hittite Empire and perhaps shaping Greek and Roman law. The Laws of Hammurabi is also a witness to the start of another stream of intellectual tradition. It became a classic text and the subject of formal commentaries, marking a Copernican revolution in intellectual culture.

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