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Leadership ◽  
2021 ◽  
pp. 174271502110636
Author(s):  
Edward Gosling

Leadership is fundamentally a social phenomenon, and a leader’s legitimacy in personal and social terms is determined partly by how effectively they incorporate the prototypical leader identity. Using the historical British officers’ mess as a case study, this article presents a conceptual examination of the function place can perform in the construction of collective leader identities and the interconnected influence shared history, materiality and social interaction can have in encouraging inclusivity in leadership. Leadership identity is an integral feature of military life which has historically drawn on complex cultural and legal traditions to underwrite the individual’s right to command. This article will argue that social places such as the officers’ mess have been utilised as a means of cultivating cohesion in the past and that they may have an application in furthering inclusive collective leader identities in the future.


2021 ◽  
Vol 9 (4) ◽  
pp. 16-20
Author(s):  
Usman Hamidullin

The article discusses the issue of the formation and development of patrimonial law of the Bashkirs before the accession of Bashkiria to the Russian state. Guided by the pluralism of approaches to legal thinking, the author made an attempt to reconstruct the historical genesis of the patrimonial law of the Bashkirs, as well as the sources of this law in the Golden Horde and post-Horde periods. Based on the analysis of general historical sources, Bashkir legends and chronicles, as well as the corresponding Horde legal monuments, the following conclusions are substantiated: firstly, starting from about the middle of the XIV century on the territory of Bashkiria, those social and political conditions that determined the content of the customary legal norms of the patrimonial law of the Bashkirs began to take shape; secondly, due to the influence of the political and legal ideology of "chingizism", the Bashkirs form a legal myth that the tribal law has its source in the establishment of Chinggis Khan; thirdly, in the legal system of the Golden Horde and in the post-Horde Chingizid khanates, which largely inherited the legal traditions of the first, there were no external forms of expression of law, with the help of which direct state sanctioning of the customs of the Bashkirs associated with clan land tenure was carried out. At the same time, it seems that, by the nature of the prescriptions, the khan's shert and tarkhan labels could indirectly sanction the patrimonial law of the Bashkirs.


Lex Russica ◽  
2021 ◽  
pp. 134-148
Author(s):  
M. Yu. Savranskiy ◽  
M. E. Popova

The COVID-19 coronavirus pandemic forced most arbitration centers in countries with a wide variety of legal traditions to switch to mass arbitration hearings in video conferencing mode in the spring of 2020. It turned out that hearings with remote participation of representatives of the parties, and sometimes arbitrators, have a number of advantages compared to regular hearings. A number of new possibilities arises and thus compensates the loss of certain possibilities adherent in physical presence of arbitration participants at hearings. The authors argue that most of the obstacles and shortcomings of the new format as a whole can be overcome with modern regulatory development, law enforcement, software, and hardware tools. The paper examines, among other things, the experience of the Arbitration Center at the Russian Union of Industrialists and Entrepreneurs, whose software and hardware complex and previously modernized arbitration rules made it possible to safely switch to a new mode of operation. New documents of international origin in this area are also being considered, indicating the need to ensure a balance between the effectiveness of arbitration proceedings on the one hand and the right of the parties to due process and fair treatment on the other.The authors conclude that there will not be a complete return to the previous practice with the end of the pandemic. However, a certain part of the meetings, taking into account the circumstances of the disputes, will return offline, the popularity of various mixed (hybrid) options will increase, which will not be difficult to put into practice due to the flexibility of the arbitration procedure. The flexibility of arbitration and the delegation to arbitrators of a number of issues related to the organization and conduct of arbitration proceedings, which require that opinions of the parties should be requested and considered in order to solve the dispute, makes it possible to ensure the optimal “format” of the arbitration procedure given the specific circumstances of the dispute. This procedure provides its participants, among other things, a reasonable and sufficient opportunity to present their positions, ensuring equal treatment of the parties and adversarial while ensuring the real effectiveness of the arbitration procedure, which allows in modern conditions to properly implement the principles on which arbitration is based.


2021 ◽  
pp. 143-160
Author(s):  
Catherine Valcke

2021 ◽  
pp. 105-141
Author(s):  
Mario C. D. Paganini

This chapter focuses on the legal status and the financing of the gymnasia of Egypt. In the Greek poleis of Egypt, the gymnasium may have at first been run privately but subsequently controlled by civic magistrates; in the villages, the gymnasium always remained a private institution, organized and financed directly by their members, although it was more and more strongly embedded in the public life of its communities. A possible Macedonian model is suggested, on the basis of the evidence of the so-called gymnasiarchic law of Beroea and the later ephebarchic law from Amphipolis. The chapter also provides comparison with gymnasia in some selected areas of the Ptolemaic Empire (Cyrene, Thera, and Cyprus) and in the lands of the Seleucid Kingdom, in order to show how different legal traditions and statuses coexisted in the gymnasia of the Hellenistic world.


2021 ◽  
Vol 31 (7) ◽  
pp. 146-152
Author(s):  
Jack Tomlin ◽  
Birgit Völlm

This paper provides an overview of some of the key features of forensic mental health systems around Europe. Forensic mental health systems share in common the aim to assist in the rehabilitation of people diagnosed with a mental disorder and reduce reoffending or risk of harm. How these aims are pursued varies across the continent. We suggest that best practices can be learnt from observing different countries’ approaches. This paper has six foci: legal traditions in Europe, the concept of criminal responsibility, patient pathways through forensic systems, epidemiological studies of forensic patients, training programmes in forensic mental health, and recent developments in the field across Europe. Readers should reflect on these topics in the context of their own country and how these diverge/converge from the countries described in this paper.


Author(s):  
Jason García Portilla

AbstractThis chapter characterises the relations between religion, institutions, and the transparency–prosperity nexus. It explains how economic prosperity, democracy, and transparency are part of a feedback loop that constitutes a single phenomenon. More importantly, this chapter deepens the institutional analysis by concentrating on the particular historical influence of religion on the different legal traditions in Europe and the Americas. It is the cornerstone of Part 3 and, as such, of the entire book.The Reformation brought forth a wide range of modern institutions. Among these, education and democracy are the most crucial ones for ensuring prosperity/transparency outcomes. Likewise, Protestantism has impacted the secularisation of the state in Protestant countries (and also in Roman Catholics, albeit to a lesser, more indirect extent). Protestantism fosters horizontal power relations and secular-rational attitudes towards authority. Thus, such egalitarian and secular attitudes are linked to greater transparency and prosperity.The Lutheran German Revolution formed the basis of the various later Protestant, dissenting revolutions and legal traditions (i.e. British and American). Some of its concepts (e.g. separation of state functions from the church; state-sponsored education) permeate all modern legal systems to this day and ended the monopoly of Roman canon law.Regardless of the advances made by Roman Catholicism in the Second Vatican Council (Vatican II: 1962–1965), corporatist ideologies remain prevalent, mostly in Latin America. But while Roman Catholic discourse has shifted, the institutional inertia persists and maintains the hierarchical status quo and longstanding feudal structures.


wisdom ◽  
2021 ◽  
Vol 1 (1) ◽  
pp. 138-146
Author(s):  
Alexei MALINOVSKY ◽  
Pavel DOBROTVORSKY

This article analyses the philosophical foundations of the Law and Development doctrine, which has been used as a practical tool since the 1950s in many countries in an attempt to improve their socio-economic conditions. Since the adoption of the UN Resolution on Sustainable Development Goals in 2015, most countries have been making efforts to achieve it. We emphasize two philosophical-legal traditions in Law and Development under consideration, which in many respects display antagonistic attitudes to each other: liberal legalism and the ideas of postmodernism philosophy, in particular, the ideas of post-development. The dialectics of this contradiction is revealed in an attempt by liberal legalism to spread itself beyond the western legal systems. Postmodernism, which has been influenced by left-wing political and legal doctrines (neo-Marxism), is aimed at taking into account the interests of local cultures and more equitable distribution of global public goods as a development priority. Following the logic of G. F. Hegel, the evolution of Law and Development can be presented as the spiral reflecting the interaction of law and development theories that began to unwind in the second half of the XX century and continues its upward movement to the present moment.


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