scholarly journals Apologies and the Legacy of an Unlawful Application of Terra Nullius in Terra Australis

2021 ◽  
Vol 32 (1) ◽  
pp. 177-190
Author(s):  
Stephen Pitt-Walker
Keyword(s):  
First Nations ◽  
Legal System ◽  
Political System ◽  
Legal Doctrine ◽  
Terra Nullius ◽  
Legal Fiction ◽  
Direct Violence ◽  
British Colonial

The use of the legal fiction, terra nullius, as it was erroneously applied to Terra Australis, Australia, as a legal doctrine, supported the British colonial power’s right to settle that territory. Since then, many unspoken (as well as acknowledged) acts of structural and direct violence have been perpetrated against the First Nations population in Australia via the imposition, and later ‘reception’, of the legal system and laws of England, as well as the dominant socio-political system, that represented the British Crown.

The Legal System in German Popular Culture

2016 ◽  
Author(s):  
Stefan Machura ◽  
Michael Böhnke
Keyword(s):  
Popular Culture ◽  
Legal System ◽  
Popular Fiction ◽  
Third Reich ◽  
Mainstream Media ◽  
Legal Fiction ◽  
The Law ◽  
The Third Reich ◽  
Tv Shows ◽  
Totalitarian Regimes

Legal themes, especially those related to crime, abound in German popular culture. This article covers some of the most politically significant and popular examples from the Weimar Republic period to present times, putting them into their social and media sector context. Due to the country’s experience with totalitarian regimes, one main topic of popular culture is the political abuse of the law. Run-of-the-mill crime stories, of course, are a staple of literature and audiovisual media. Their appeal did not lessen in the age of the Internet. Due to genre and narrative conventions, mainstream media tend to shed a positive light on the institutions and personnel connected with the law. Much of German fiction is heavily influenced by the example of US films and TV series, so far that they misrepresent the German legal system. Other influences shape content as well. Economic pressures rank high among them, while overt censorship was evident during the Third Reich (1933–1945) and after partition in the German Democratic Republic (GDR; 1949–1990). Highly regarded artistic works often focus on the topic of individual guilt, while lesser productions typically draw on the sensational aspects of crime detection. The ordering hand of the judge, putting things right after a tumultuous court hearing, signifies the German TV judge show (the equivalent of Judge Judy). Measured degrees of social criticism are typical for many of the better TV productions. And, despite television’s influence, novels and plays still claim a stake in popular culture. Although US media productions dominate the international market for legal fiction, German TV shows, especially police series, became a success story as well. They project the image of the clean, unbiased, correct, and efficient police inspector. Critical films and programs aim mainly at the domestic market due to their specific issues. Nevertheless, the overall effect of German popular fiction dealing with crime and justice tends to be positive, with trust in the law being supported.

Legal transplants of Roman–Byzantine law in Ancient Rus in the context of Russian legal doctrine formation

2020 ◽  
Vol 7 (2) ◽  
pp. 45-51
Author(s):  
Ivan A. Tarasevich
Keyword(s):  
Legal System ◽  
Constitutional Reform ◽  
Christian Church ◽  
Legal Doctrine ◽  
The Church

The article discusses some aspects of the influence of RomanByzantine law on the legal system of Kievan Rus. Such legal transplants were conducted through the religious sphere of society, namely, through representatives of the clergy and institutions of the Christian church. The author comes to the conclusion that the legal doctrine of Russia had been Christian-centric since the time of the Kievan Rus. The ancient Slavs were not only ready for the adoption of such a legal paradigm, but even demanded it. In particular, this is indicated by the granting to the church court of several greater powers than in Byzantium. According to the author, Christian-centricity is a fundamental element of the legal paradigm of modern Russia, which is proven by the peculiarities of constitutional reform in the country.

Civil disobedience and constituent power

2015 ◽  
Vol 11 (4) ◽  
pp. 462-480
Author(s):  
Richard Nobles ◽  
David Schiff
Keyword(s):  
Legal System ◽  
Political System ◽  
Civil Disobedience ◽  
The Political ◽  
Constituent Power ◽  
Structural Coupling ◽  
Current Configuration ◽  
Law And Politics ◽  
Discretionary Powers ◽  
Legal Right

AbstractThis paper uses the example of civil disobedience to explore Luhmann's description of the constitution as structural coupling between law and politics. Civil disobedience highlights the paradox of constituent and constituted power. The claims made for constituent power provide a basis for challenging the current configuration and expression of constituted power. This paradox is first avoided in the legal system through that system's inability to recognise a legal right to disobey law. In turn, a political system that has, under conditions of modernity, increasingly second coded power as legality, has an ever decreasing capacity to include communications that acknowledge a right to disobey law. Civil disobedience is only able to operate within the political system in the form of protest, and is accommodated through the exercise of discretionary powers. However, juridification of those powers has the capacity to threaten this accommodation.

Government Rulemaking as a Brake on Perestroika

1990 ◽  
Vol 15 (03) ◽  
pp. 419-432 ◽  
Author(s):  
Eugene Huskey
Keyword(s):  
Soviet Union ◽  
Communist Party ◽  
Economic Reform ◽  
Legal System ◽  
Political System ◽  
Executive Branch ◽  
The Soviet Union ◽  
The Government

The Soviet political system is made up of three major institutions: the Communist Party, the parliament, and the government. Whereas the first two have changed dramatically under perestroika, the government has continued to function in more traditional ways. Most worrying to reformists, the government–the Soviet Union's “executive branch”–has used its broad rulemaking authority to impede the transformation of Soviet politics and society. This essay examines the role of governmental rules in the Soviet political and legal system. It concludes, following the lead of Soviet reformists, that without a fundamental restructuring of government making authority, legal, political, and economic reform in the Soviet Union cannot be institutionalized.

scholarly journals Survival, Resistance, and the Canadian State: The Transformation of New Brunswick’s Native Economy, 1867-1930

2006 ◽  
Vol 13 (1) ◽  
pp. 49-71 ◽  
Author(s):  
Bill Parenteau ◽  
James Kenny
Keyword(s):  
New Brunswick ◽  
First Nations ◽  
Economic Life ◽  
Economic Activities ◽  
Wage Labour ◽  
British Colonial

Abstract Between Confederation and 1930, the economic life of the Mi'kmaq and Maliseet First Nations of New Brunswick underwent a broad transformation, as hunting, fishing and trapping were progressively supplanted by agriculture, the production of handicrafts and, especially, wage labour. The First Nations of the province experienced this transformation as a dual struggle of survival and resistance. They may have integrated, mostly out of necessity, into the larger provincial economy, but they also persisted in long-established patterns of fish and game harvesting, often in defiance of federal and provincial regulations. Moreover, the maintenance of hunting, fishing, and trapping as important economic activities was underscored by a consistent assertion that Native rights to the forest, fish, and game resources of the province were vested in treaties negotiated with British colonial authorities.

scholarly journals General features of anti-corruption policy in Ukraine

Legal Ukraine ◽  
2020 ◽  
pp. 18-23
Author(s):  
Keyword(s):  
Soviet Union ◽  
Legal System ◽  
General System ◽  
Legal Framework ◽  
Institutional Framework ◽  
Legal Analysis ◽  
National Agency ◽  
Legal Doctrine ◽  
Soviet Government ◽  
The Soviet Union

The article examines the history of anti-corruption policy in Ukraine and the current state of the legislative framework. Various approaches to legal regulations and the etymology of anti-corruption law are considered. Great emphasis is placed on the study of the institutional framework of our state, namely, the study of the functioning of such state structures as the National Anti-Corruption Bureau of Ukraine, the National Agency for the Prevention of Corruption, the Specialized Anti-Corruption Prosecutor’s Office, Supreme Anti-Corruption Court. The analysis of the historical retrospective, taking into account political events for a better legal analysis. Based on the recommended amount of work, the state of anti-corruption policy is considered fragmentarily. In order to systematize the analysis of the work, the anti-corruption system of Ukraine was divided into 3 historical stages: the Soviet effect, the neoliberal tendency and the general system. The initial stages of the Ukrainian legal system are characterized by the dominance of the Soviet Union. It was during this period that corruption, as a phenomenon, is gaining new dimensions. Among the main methods of fighting corruption, the Soviet Union used methods of cruel punishment. In the USSR, the death penalty was introduced in 1950 for the theft of socialist property. Soon it was not possible to control power, and during the Brezhnev era, an alternative economy appeared due to which bribery increased. Soviet leaders often used corruption for political ends to eliminate their direct political rivals. The Soviet government tried to ignore corruption and not regulate crime within the legal framework. The period of independent Ukraine was characterized by the country’s movement choice. The national doctrine boiled down to neutrality between Europe and the post-Soviet countries, which created a common legal system. The key moment was Ukraine’s accession to the Parliamentary Assembly of the Council of Europe in 1996. The liberalization of legislation to the European model soon began. Revolutionary changes were adopted, and in 2014 the construction of anti-corruption bodies began. . Key words: normative legal act, anti-corruption legislation, legal doctrine, institutional framework.

scholarly journals Koncepcja polityczności Chantal Mouffe a poststrukturalizm w filozofii interpretacji prawniczej

2021 ◽  
Vol 43 (2) ◽  
pp. 273-279
Author(s):  
Jakub Łakomy
Keyword(s):  
Political Philosophy ◽  
Political Theory ◽  
Legal System ◽  
Political System ◽  
The Political ◽  
Legal Interpretation ◽  
The Third ◽  
Stanley Fish ◽  
Agonistic Democracy ◽  
Definition Of

The present article deals with the political nature of the interpretation theory, using poststructuralism as a source of reflection. The analysis is conducted by using poststructuralist epistemology and poststructuralist political theory. The thesis of this article, which is metatheoretical in nature, is that the poststructuralist concepts of legal interpretation can be used only after simultaneously adopting the assumptions of the political philosophy which originated in poststructuralism. Chantal Mouffe’s concept of the political is very much tied to considerations about agonistic democracy and agonistic pluralism, which gives us original answers to the questions of how society, the political system, and the legal system can help us prevent the emergence and flourishing of authoritarianism. The first part of the text presents the poststructuralist definition of the political and politics as well as shows its importance for the analysis of the contemporary legal interpretation concepts. In the next part, the author discusses the topic of poststructuralism in jurisprudence and its most important features for a change in the discourse of philosophy of interpretation. The third part of the article examines poststructuralist anti-essentialism using the example of one from among the most famous neopragmatist and poststructuralist philosophers — Stanley Fish. In the fourth and last part of the considerations, the thesis about the necessity of joint use of poststructuralist epistemology and political theory for research on legal interpretation is verified and metatheoretical conclusions are drawn from it.

scholarly journals AN OVERVIEW OF FINANCIAL LAW AS AN INDEPENDENT BRANCH OF THE LEGAL SYSTEM OF THE REPUBLIC OF BULGARIA

2019 ◽  
Vol 8 (1) ◽  
pp. 1
Author(s):  
Savina Mihaylova Goleminova
Keyword(s):  
Legal System ◽  
Point Of View ◽  
Legal Doctrine ◽  
Legal Traditions ◽  
Eu Membership ◽  
Current Trends ◽  
The Republic ◽  
Functional Point ◽  
Independent Branch ◽  
The Eu

<p class="Otherdata">The present article aims to provide an overview of financial law as an independent branch of the legal system of the Republic of Bulgaria from a both historical and functional point of view, in the context of its traditions and current trends, which reflect the financial and legal system of the EU. The EU membership of Bulgaria holds numerous challenges and requires the mobilisation of the intellectual and physical potential of all stakeholders involved. Financial law is one of the most dynamic fields of legislation and case-law. The financial legal doctrine addresses the new challenges, building on constitutional, financial and administrative legal traditions and practices in the field of administrative justice in Bulgaria following the Tarnovo Constitution.</p>

scholarly journals The Ukrainian Judiciary under 21st-Century Challenges

2020 ◽  
Vol 3 (2-3) ◽  
pp. 78-99
Keyword(s):  
Legal System ◽  
Legal Regulation ◽  
International Strategy ◽  
Access To Justice ◽  
Legal Doctrine ◽  
Association Agreement ◽  
Administration Of Justice ◽  
Historical Past ◽  
Normative Foundations ◽  
The Eu

managed to modernize its legal system to a level of proper efficiency. This is largely due to the dichotomy of the previous international strategy of our state between the two vectors of development, the old eastern and the new western one, which actually retarded the movement forward. The contradiction between these views on the prospects of Ukraine’s development of the younger generation and the generation that continued to carry the memory of its historical past, was no less significant. Corruption is deeply rooted in the system of public administration and was purposefully supported by internal and external opponents of Ukraine’s independence and overcoming these relics is a fundamental task in asserting sovereignty. Remnants of the post-Soviet legal doctrine, which preserve the defining categories of judicial law in an ossified form, such as ‘court’, ‘judiciary’, ‘justice’, have become a serious obstacle to the formation of the new state and its legal system. This significantly limits the ability to ensure effective legal regulation of relations connected with the administration of justice in the state. An overview of the theoretical and normative foundations that underlie the Ukrainian judiciary and the justice system points to obvious gaps and inconsistencies. It is indisputable that the modernization of the legal system of Ukraine, in particular, in the sphere of the organization of the judiciary, requires a renewed scientific vision based on the doctrine of judicial law and which should attempt to combine Ukrainian traditions and the Western European viewpoint. Key words: access to justice, rule of law, court, judiciary, judicial law, the EU-Ukraine Association Agreement, COVID-19 pandemic, justice under COVID-19.

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