legal attitudes
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2021 ◽  
Vol 27 ◽  
pp. 255-274
Author(s):  
Ewa Kabza

The rising number of people “just living together”, people who are neither married nor in registered partnerships, clearly demonstrates that non-marital unions can no longer be ignored. To obtain an accurate picture of the situation of non-marital partners it was essential to conduct comparative research of multiple legal orders. This analysis threw a new light (at least from the Polish standpoint) on possible solutions to the problem of the regulation of legal aspects of “living together”. It appears that three different legal attitudes towards non-marital cohabitation may be distinguished in Europe. Firstly, there are legal orders in which by virtue of an explicit reference by the legislator – the regulations on marriage are applied to cohabitation (quasi-marriage cohabitation). Secondly, there also exist countries in which a law was adopted regulating selected aspects of actual cohabitation (implied model of cohabitation). And thirdly, there are legal orders in which any cohabitant-oriented legal regime exists.


Author(s):  
Olga Fedoseeva

The article presents a psychological analysis of changes in the legal consciousness structure, including cognitive, emotional-evaluative, regulatory (operational) and reflexive components; establishes the main forms characteristics in legal consciousness deformation: legal infantilism, legal idealism, legal conformism, legal nihilism and legal egocentrism. The author comes to the conclusion that the prevention of the individual legal consciousness deformation and the formation of legal attitudes are provided by the retrospective, situational and perspective reflection.


2021 ◽  
Vol 7 (Extra-C) ◽  
pp. 259-272
Author(s):  
Ksenia Michailovna Belikova ◽  
Maryam Abdurakhmanovna Akhmadova

This article aims at outlining the approaches of the international community, the BRICS countries, and other countries that have achieved noticeable results in the development and use of artificial intelligence in the military sphere to answer the questions about the applicability of the existing international humanitarian law in a military conflict using Lethal Autonomous Weapon Systems, and the extent of this applicability. Based on analytical reflections on information drawn from referenced sources, the authors analyze the provisions of national and international approaches, legislative instruments, and documents that create patterns for developing lethal autonomous weapon systems and the potential for the use thereof from the standpoint of legal attitudes. The authors’ results are presented in a set of approaches of national legal systems and doctrine provisions found in the current law in the field of research, including from the standpoint of a contribution to the further improvement of the concept of lethal autonomous weapon systems.


Author(s):  
G. N. Andreeva

The constitutions of the majority of the existing states reflect a negative attitude towards secession: from the establishment of a number of constitutional principles (the unity of the nation, the integrity of the state, etc.), which are interpreted by the bodies of constitutional control as directly or indirectly hindering the implementation of secession, to its direct prohibition. Only a small group of constitutions contain provisions allowing secession. Along with this, in the international legal field, wherein the states operate and declare the recognition of the principles thereof, there is a principle of recognition of the right of nations to self-determination. Within the framework of national law the secession, which was a precondition for the existence of the significant number of the contemporary states and, as such, served as the basis for the proclamation and approval of their independence, is considered at the official level as an important and significant event. It is celebrated as official holidays, anniversaries of independence, also states may support customs and traditions that are associated with the secession. The article shows that this “double standards”, applied by a significant part of modern states to past and future secessions is caused by, on the one hand, state obvious interest to preserve integrity, and, on the other hand, the traditions rooted in the past. The doctrine that justifies the strictly negative state attitude towards secession is not ideal, contradictory, based on the currently transforming concepts and theories; thus counter-arguments were developed based on fundamental constitutional theories and research. The diversity and inconsistency of the doctrine forces the contemporary state to either seek a balance between conflicting theories and approaches, or to adhere to one of them — usually not the most actual one. The necessary combination, synchronization of international legal and constitutional legal attitudes towards the regulation of secession can be ensured, first of all, if such regulation is based on the principle of the priority of human rights. At the same time, in contrast to the principle of the sovereign right to dispose of their territories by the states based on the model of property rights, which has feudal roots (which is also being modernized and transformed in the context of globalization), the humanitarian approach to ensure the right of people to self-determination is designed to guarantee the possibility of a free and rational choice of the form of their state existence by regional and local communities.


Author(s):  
Nailia Khairulina ◽  
◽  
Hanna Dubova ◽  

The article considers the semiotic nature of gender and law culture, focuses on the synthetic nature of this term, and provides alternative definitions of such concepts as «gender» and «culture». Highlighting the essence of the proposed word from a semiotic perspective, the authors of the article give examples of the main elements that form the paradigm of gender and law culture. The practical part of the article is devoted to analyzing the proposed phenomenon as a psychological and pedagogical problem. Taking into account that modern conditions of social development are associated with changing social and economic, and criminal complications, as a result of which society is interested in the effectiveness of law enforcement agencies operating based on legality, humanism, transparency, the presumption of innocence, resilience, the subject matter of the research is viewed as undeniably topical today. The analysis of the scientific literature in gender and law made it possible to specify the concept of «gender and law culture of future law enforcement professionals», which, in particular, refers to the issues of forming a gender culture of future law enforcement professionals. It is considered to be an integral quality of personality determined by the specifics of law enforcement, reflecting comprehensive knowledge of the nature and legal regulation of gender aspects in current Ukrainian legislation and readiness to ensure further functioning of gender-sensitive practices and principles of non-discrimination in law enforcement activities based on legal attitudes and compliance with official duties.


2020 ◽  
Vol 6 (2) ◽  
Author(s):  
Adi Israfil Fahrurrahman

The purpose of this study was to determine and analyze the legal awareness of the community in the registration of customary land rights, with location points in two villages, namely Desa Doridungga and Desa O'O in Donggo District, Bima-NTB Regency, in the perspective of Land law and and analyzing the obstacles faced by communities in registering customary land rights at the Bima District Land Office. The research method used is a Socio-legal research that is oriented to a value approach (value-oriented approach). Empirical / sociological research is used to find out what and how public awareness in registering customary land rights is related to the implementation of land registration in the Land Agency Office of Bima-NTB Regency. The results of the research conducted were the level of community legal awareness in the context of registering customary land rights in Bima Regency, generally and in particular, Donggo District. This is due to the lack of several aspects, namely, lack of legal knowledge, legal understanding, legal attitudes, and community behavior patterns. The obstacle faced by the people of O’O Villagers and Desa Doridungga in registering customary land rights is the lack of socialization from the local government regarding proper procedures for registering customary land rights. As well as the level of legal awareness of the villagers of O'O and Desa Doridungga to carry out sporadic land registration as a result of the wrong mindset about the importance of land registration


2020 ◽  
pp. 1-24
Author(s):  
William M. Reisinger ◽  
Marina Zaloznaya ◽  
Vicki L. Hesli Claypool

2020 ◽  
Vol 1 (2) ◽  
pp. 133-138
Author(s):  
I Putu Wina Wirawan ◽  
I NYOMAN PUTU BUDIARTHA ◽  
NI MADE PUSPASUTARI UJIANTI

Marriage is a sacred bond because in that marriage bond there are not only physical and mental bonds but also spiritual bonds based on God Almighty. A lawsuit divorce is the breaking of the husband and wife ties, in which case the wife is the one who filed a divorce suit against the husband. This study aims to determine why religious differences can be used as an excuse for a legal divorce in the Badung religious court and to find out the judges' considerations in cases at the Badung religious court. The type of research used in this research is Empirical Legal Research, which is taken based on facts that occur in the field, which are obtained through explanations from informants and studied with real legal attitudes or in accordance with life in society. The result of this research is that religious differences are used as the reason for a legal divorce in the Badung religious court in fact the marriage law and its implementing regulations do not regulate religious conversion (murtad) as the reason for breaking up a marriage because the State of Indonesia adheres to the principle of religious freedom. However, the KHI in Article 116 letter (k) states one of the reasons for divorce, namely when one of the parties leaves the religion (murtad). 2) The considerations of the panel of judges in a sue divorce case at the Badung religious court already have strong considerations and reasons to be used as a basis for making a decision, such as in the case decision Number 0166 / Pdt.G / 2017 / PA.Bdg. So it can be concluded that Divorce is only said to be valid after a court decision has permanent legal force, and the Panel of Judges in adjudicating a proposed divorce case must know clearly the facts that cause religious conversion.


2020 ◽  
Vol 21 (2) ◽  
pp. 156-174
Author(s):  
Wahyudi Setiyawan ◽  
Absori Absori ◽  
Kelik Wardiono

The research aimed to describe the public legal awareness about meat distribution and legal protection for the beef consumers through law enforcement efforts at Boyolali District based on a qualitative non-doctrinal approach. Therefore, this focused more on primary data collected by interviews and observations and supported by secondary data collected by library research. The data then were processed for further qualitative analysis. Based on the results of the study it was found that legal protection related to the distribution of healthy and safe meat did not run well as this was influenced by the community legal, namely the knowledge and understanding of law, although it had been supported by good legal attitudes and behavioral factors.


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