Umkämpftes Recht

2018 ◽  
Author(s):  
Jan Christoph Suntrup
Keyword(s):  
Conceptual Development ◽  
Empirical Studies ◽  
Cultural Conflicts ◽  
Political Struggles ◽  
Legal Thinking ◽  
Cultural Science ◽  
The Law ◽  
And Migration ◽  
Civil Order ◽  
Concept Of Law

According to one of the great narratives of political and legal thinking, law is a peace order that eliminates conflicts or even counters chaos and violence by way of the implementation formations of civil order. Nevertheless, law is not only the scene of numerous social and political struggles and legal conflicts, but sometimes provokes new conflicts through its procedures, norms and categories. The focus of this study is the analysis of cultural conflicts, which - not least due to the dynamics of globalization, Europeanization and migration – are at play inside the law or are ignited by it. The cultural science perspective adopted here is based on the explication of a multi-dimensional concept of law that encompasses norms, validity narratives, forms of organization, epistemic prerequisites and effects as well as symbols and rituals of law. This conceptualization is intended to prevent the assumption that 'law' is a uniform object, since it proves to be plural, controversial and dynamic in terms of its content as well as its form. The supplementation of the theoretical-conceptual development of such a concept of law by empirical studies of various legal-pluralistic constellations and struggles brings to light politically charged as well as subliminal cultural conflicts.

Law and Protestantism in Denmark

2016 ◽  
Vol 102 (1) ◽  
pp. 406-418
Author(s):  
Ditlev Tamm
Keyword(s):  
Criminal Law ◽  
Marriage Law ◽  
The Reformation ◽  
The Law ◽  
The Concept Of Law ◽  
The Church ◽  
Concept Of Law ◽  
Catholic Bishops

Abstract This contribution deals with the influence of the Reformation on the law in Denmark. The Reformation was basically a reform of the church, but it also affected the concept of law and state in general. In 1536, King Christian III dismissed the catholic bishops and withheld the property of the church. The king, as custos duarum tabularum, guardian of both the tablets of law, also took over the legislation for the church. Especially in subjects of morals and criminal law new principles and statutes were enacted. Copenhagen University was reformed into a protestant seminary even though the former faculties were maintained. For that task Johannes Bugenhagen was summoned who also drafted the new church ordinance of 1537. In marriage law protestant principles were introduced. A marriage order was established in 1582.

Introduction: The Guiding Ideas

2018 ◽  
Author(s):  
Philip Pettit
Keyword(s):  
Undergraduate Student ◽  
The Law ◽  
The Concept Of Law ◽  
Scholastic Philosophy ◽  
Concept Of Law

H.L.A. Hart’s (1961) book The Concept of Law already caught my fancy as an undergraduate student in Ireland. It seemed to do more in illumination of its theme than most of the tomes in analytical, continental or scholastic philosophy to which I was introduced in a wonderfully idiosyncratic syllabus. What I attempt here, many years later, is guided by a desire to explore the possibility of providing for ethics and morality the sort of perspective that Hart gave us on the law....

scholarly journals A meta-analysis of the literature on climate change and migration

2021 ◽  
pp. 1-52
Author(s):  
Michel Beine ◽  
Lionel Jeusette
Keyword(s):  
Climate Change ◽  
Climatic Factors ◽  
Human Mobility ◽  
Meta Analysis ◽  
Empirical Studies ◽  
Displacement Effect ◽  
Methodological Choices ◽  
Econometric Methods ◽  
And Migration

Abstract Recent surveys of the literature on climate change and migration emphasize the important diversity of outcomes and approaches of the empirical studies. In this paper, we conduct a meta-analysis in order to investigate the role of the methodological choices of these empirical studies in finding some particular results concerning the role of climatic factors as drivers of human mobility. We code 51 papers representative of the literature in terms of methodological approaches. This results in the coding of more than 85 variables capturing the methodology of the main dimensions of the analysis at the regression level. These dimensions include authors' reputation, type of mobility, measures of mobility, type of data, context of the study, econometric methods, and last but not least measures of the climatic factors. We look at the influence of these characteristics on the probability of finding any effect of climate change, a displacement effect, an increase in immobility, and evidence in favor of a direct vs. an indirect effect. Our results highlight the role of some important methodological choices, such as the frequency of the data on mobility, the level of development, the measures of human mobility and of the climatic factors as well as the econometric methodology.

Book Reviews

2015 ◽  
Vol 53 (4) ◽  
pp. 1033-1036
Keyword(s):  
Cost Benefit Analysis ◽  
Empirical Studies ◽  
Cost Benefit ◽  
Well Being ◽  
Chicago School ◽  
Associate Professor ◽  
Law School ◽  
Hedonic Theory ◽  
The Law ◽  
Institute Of Technology

Matthew D. Adler of Duke University reviews “Happiness and the Law”, by John Bronsteen, Christopher Buccafusco, and Jonathan S. Masur. The Econlit abstract of this book begins: “Assesses how the law affects people's quality of life with a particular focus on criminal punishment and civil lawsuits. Discusses measuring happiness; well-being analysis; well-being analysis versus cost–benefit analysis; happiness and punishment; adaptation, affective forecasting, and civil litigation; some problems with preference theories and objective theories; a hedonic theory of well-being; addressing objections to the hedonic theory; and the future of happiness and the law. Bronsteen is a professor in the Loyola University Chicago School of Law. Buccafusco is an associate professor in the Chicago-Kent School of Law and Codirector of the Center for Empirical Studies of Intellectual Property at the Illinois Institute of Technology. Masur is John P. Wilson Professor of Law in the University of Chicago Law School.”

scholarly journals THE ORDER OF PROCEEDING PROCEDURAL ACTIONS AT THE STAGE OF EXCITING A CRIMINAL CASE REQUIRES IMPROVEMENT

Issues of Law ◽  
2020 ◽  
Vol 20 (4) ◽  
pp. 75-79
Author(s):  
S.M. Darovskikh ◽  
◽  
Z.V. Makarova ◽  
Keyword(s):  
Law Enforcement ◽  
Criminal Case ◽  
Forensic Examination ◽  
Legal Thinking ◽  
The Law

The article discusses some issues of imperfection of the criminal procedural legislation regulating the procedure for performing procedural actions at the stage of initiating a criminal case. The authors point out that in certain cases the imperfection of legislation does not affect law enforcement, and in others it creates uncertainty in legal thinking. The question of the possibility of carrying out such an investigative action as seizure at the stage of initiating a criminal case is being investigated, attention is drawn to the absence of the possibility, enshrined in the law, of issuing a decision on the appointment of a forensic examination at the stage of initiating a criminal case. It is proposed to introduce into the text of the law the conditions that determine the expediency of appointing a forensic examination at this stage

scholarly journals The role of legal intellection in the lawmaking mechanism

2020 ◽  
Vol 6 (3) ◽  
pp. 67-73
Author(s):  
Ekaterina A. Petrova
Keyword(s):  
Special Kind ◽  
Thinking Style ◽  
Legal Traditions ◽  
Methods And Techniques ◽  
Legal Thinking ◽  
The Law ◽  
Legal Understanding ◽  
Law Making

The article gives the authors interpretation of legal intellection as a special kind of professional thinking. It is underlined that legal intellection is directly connected with lawmaking, since the law is a result of both of these processes. The main directions of its influence on the elements of the lawmaking mechanism are considered. The author interprets lawmaking mechanism as a set of interrelated and interdependent technical and legal elements that support law creation. These elements include the law-makers; law-making methods and techniques; the rules of claw; forms (sources) of law. It is noted that the lawyers belonging to a particular type of legal understanding determines the understanding of lawmaking process. The author analyzes the influence of legal thinking style, determined by legal traditions of various legal families, on application of various forms of law as a result of lawmaking. The examples from Russian and American legal reality are given. The problem of legal intellection level of lawmakers is discussed, because of its influence on the quality of sources of law. It is concluded that legal intellection as a special kind of professional thinking permeates all types of legal activities and, first of all, directly affects the specifics of the lawmaking mechanism, determining the content of its main elements: the law-makers are the holders of legal intellection; methods, techniques of law-making are determined by the stylistic features of legal thinking; the quality of the forms of law created in the lawmaking process directly depends on the legal thinking level of their creators.

scholarly journals LOOKING FOR QUALITY: THE EMPIRICAL DEBATE IN ACCESS TO JUSTICE RESEARCH

2013 ◽  
Vol 31 (2) ◽  
pp. 229 ◽  
Author(s):  
Jennifer A Leitch
Keyword(s):  
Empirical Studies ◽  
Law And Society ◽  
Access To Justice ◽  
Justice Research ◽  
Conceptual Debate ◽  
Il Y A ◽  
The Law ◽  
The Impact

Access to Justice remains one of the most contested issues on the law-and-society agenda.  There has been continuing conceptual debate over its meaning, its objectives, and its success.  Of late, attention has turned to efforts to measure the impact and efficacy of different initiatives aimed at improving individuals’ access to justice.  Along with a broader turn toward empirical studies in law, there have been renewed efforts within the access to justice field to develop a more compelling and convincing methodology by which to assess and evaluate these different initiatives. L’accès à la justice demeure l’une des questions les plus contestées à l’ordre du jour « droit et société ». Il y a un débat conceptuel continu au sujet de son sens, de ses objectifs et de son succès. Récemment, l’attention s’est tournée vers les efforts visant à mesurer l’impact et l’efficacité de différentes initiatives ayant pour but d’améliorer l’accès à la justice des particuliers. Outre une tendance plus générale vers des études empiriques en droit, il y a eu, dans le domaine de l’accès à la justice, des efforts renouvelés visant à élaborer une méthodologie plus contraignante et convaincante pour évaluer ces différentes initiatives.

scholarly journals Law, Responsibility, and the Sciences of the Brain/Mind

2017 ◽  
Author(s):  
Stephen J. Morse
Keyword(s):  
Policy And Practice ◽  
Behavioural Genetics ◽  
The Future ◽  
Legal Thinking ◽  
The Law ◽  
The Brain

This chapter considers whether the new sciences of the brain/mind, especially neuroscience and behavioural genetics, are likely to transform the law’s traditional concepts of the person, agency, and responsibility. The chapter begins with a brief speculation about why so many people think these sciences will transform the law. It reviews the law’s concepts of the person, agency and responsibility, misguided challenges to these concepts, and the achievements of the new sciences. It then confronts the claim that the brain/mind sciences prove that we are not agents who can guide our conduct by reason and thus cannot be responsible. It argues that this claim cannot be supported empirically or conceptually, and that no revolution in legal thinking is foreseeable. The chapter concludes by suggesting that the new sciences have little to offer the law at present, but in the future, they may contribute modestly to reforming doctrine, policy, and practice.

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