Journal articles on the topic 'Expanding Knowledge in Law and Legal Studies'
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Whalen-Bridge, Helena. "Towards A Comparative Rhetoric of Argument: Using the Concept of “Audience” as a Means of Educating Students about Comparative Argument." Asian Journal of Comparative Law 1 (2006): 1–11. http://dx.doi.org/10.1017/s2194607800000727.
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AbstractAre Asian law schools adequately preparing law students to handle problems raised by cross-border disputes? Preparation has generally been limited to courses in conflicts of law, international law and comparative law, but the successful presentation of a legal position in a foreign legal system arguably requires more than an understanding of legal rules. Studies in legal culture suggest that participants in different legal systems think about the law in radically different ways. Comparative examples from the criminal justice systems of the United States and Japan demonstrate that some knowledge of a comparative rhetoric of argument - which arguments are appropriate in different legal systems - is required. Legal Writing Programmes can play a role in teaching comparative argument by expanding the concept of “audience” to include foreign legal systems.
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Agushi, MSc Arben. "Indemnification of Damage Based on Compulsory and Voluntary Insurance." ILIRIA International Review 5, no. 2 (December 31, 2015): 167. http://dx.doi.org/10.21113/iir.v5i2.87.
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This scientific paper shall review the indemnification of damage, based on compulsory and voluntary insurance in theoretical as well as in practical terms of property material and personal goods, inflicted by case-insured risk. In this scientific paper, it shall be professionally attempted to scrutinize judicial and procedural issues in realization of a claim, as well as lawsuit for indemnification of damage from the insured case.I hope this scientific paper shall be helpful to lawyers, scholars and students of law, in order to create a clearer and more punctual vision over the concepts of indemnification of damage in general, and in particular compulsory and voluntary damage which is regulated by the Law on compulsory motor liability insurance as well as by the Law on Obligational Relationships. It will also help in expanding the knowledge during the implementation in legal daily life, moreover while studies of this type were absent in our legal literature.
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Kakhnych, Volodymyr. "Formation of Legal Education at the University of Melbourne: International Experience for the University of Lviv." Law Review of Kyiv University of Law, no. 4 (December 30, 2020): 57–60. http://dx.doi.org/10.36695/2219-5521.4.2020.08.
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In the article the formation of legal education at the University of Melbourne, its short and successful path to worldwide recognitionis examined. The importance of researching such a successful example for national legal education is shown. Important researchby well-known professors who have worked at the University of Lviv and the University of Melbourne is depicted, and their contributionto the study of legal education in Melbourne is revealed.The author of the article shows that the experience of legal education in one of the oldest law schools in Australia – the Universityof Melbourne, which is now one of the world’s leading universities, as well as 50 best educational institutions in the world, is importantas an example of legal education for Ukrainian universities, in particular Lviv University. Legal education at Lviv University occupiesa significant place in the education of young professionals for crucial government positions.Founded in 1853, the University of Melbourne is the second oldest university in Australia. This is a state research university. Itconsists of 10 colleges located on the main campus and in the surrounding suburbs, which offer academic, cultural and sports programs.The University of Melbourne often ranks first among Australian universities in the world rankings. More than 46 % of his students areforeigners. This school is officially accredited by the Australian Department of Education and Training.The teaching of law, until 1873 at the University of Melbourne, was governed directly by the board and faculty; there was nocouncil or committee in charge of the faculty, and no head or administrator to lead the law course other than faculty and university officials.It was the council that decided on the details of the curriculum and considered students’ complaints about things like absenteeismand lecture venues. Other disciplines were in the same position. Not only in the field of law, but in general, the university did not havefaculties that would be responsible for certain areas of study.The university was so small that in 1872 it had only 134 students, 53 of whom studied law. In the early 1870s, the situation wasfavorable for change. The council committee explored the possibility of expanding the teaching of law by creating more subjects andlecture courses, and at the same time, by creating a new body, a faculty to oversee them.The council committee called this change the creation of a law school, and since then the terms “law school” (“law schools”) and“law faculty” have sometimes been interchangeable. Law classes were called a “school of law” for several months after their foundingin 1872. This term was sometimes used in another sense (as a discipline with honors). Despite the ambiguous terminology, the councilmeant the creation of the faculty and the accompanying reorganization of teaching in 1872–1873.The author of the article argues that building a legal education in Ukraine is impossible without a proper study of the experience,knowledge and practical skills that existed at the University of Melbourne. The opinion is based on the fact that the organization ofwork, cooperation with students and involvement of a large number of foreigners remains a model to follow. This approach to coope -ration and establishing contacts with their structure has made them famous and universally recognized worldwide. We can see thisbecause the University of Melbourne is now one of the world’s leading universities, as well as one of 50 best educational institutionsin the world.
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Khaustova, Maryna. "Innovations as the basis for the modernization of modern society." Law and innovations, no. 1 (37) (April 1, 2022): 7–15. http://dx.doi.org/10.37772/2518-1718-2022-1(37)-1.
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Problem setting. Current events in Ukraine have forced a new look at the concept of “modernization of the legal system” and innovation processes. The process of modernization of the legal system is developed on the initiative and with the support of the state and through legal means of influence on society. This process has long had a great impact on the nature and state of Ukrainian statehood, the role of law in our society, the understanding of law by Ukrainians, their attitude to law and the state. Analysis of resent researches and publications. The analysis of modernization and innovation processes in politics is conditioned by the need to study the problem of political transformations of the Ukrainian state and society, changes in the political system, transformation of political life, search for alternative ways out of crisis situations. Innovative political development takes place in the context of global transformations on a global scale. This means the need to study and apply foreign, international experience in the development and implementation of innovations in political practice, taking into account Ukrainian conditions. Modernization and innovation processes in public and political life are studied in the works of T. Parsons, S. Eisenstadt, D. Lerner, W. Moore, A. Etzioni, W. Rostow, G. Almond, S. Verb, L. Binder, L. Pai, S. Huntington, A. Toynbee, P. Sorokin, K. Jaspers, Palamarchuk M.O., Glibko S.V., Simpson O.E. and others. Target of research. The process of modernization and innovation are of great importance in the life of Ukraine. The idea of modernization and innovation can be considered as an idea that unites Ukraine, as part of the state ideology, as the dominant development of Ukraine. These ideas influenced further progress in economic, scientific, technical, social and other relations. Studying the peculiarities of the processes of modernization of law in Ukraine is not only interesting but also useful from a practical point of view. The concept of innovative modernization is studied, which changes the type of socio-economic development of society and requires the transformation of the existing political system. Article’s main body. Modernization as a global process entails changes, including in the social sphere. These include increasing social mobility and quality of life, forming institutions of social policy and civil society, increasing the value of human capital, the need for constant investment in professional development and staff development, improving education, expanding access to tangible and intangible benefits. Competition and constant development are the main prerequisites for modernization processes. Innovation should be understood as a commitment to think and act in a way that promotes continuous improvement by identifying, disseminating and embracing creative ideas. Innovation should improve public policy, administration and the re-use of existing knowledge, as well as the creation and application of new knowledge. In a broad sense, innovations are the latest data that are implemented regardless of the scope; it is usually a product of intellectual activity of the actors who implement them. Conclusions and prospects for the development. Thus, innovation is an innovation that radically transforms social reality. Today the country needs innovative modernization, which changes the socio-economic development of society and requires the transformation of the existing political system. Innovative modernization is a significant increase in the ability of the political system to stably and successfully adapt to new patterns of socio-political goals and create new types of relationships, institutions, practices based on innovation in economic, social, regional, international policy and other spheres of life.
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Girolimetto, Luiza Schiavon, and Monica Cameron Lavor Francischini. "Justiça Além dos Autos: uma Análise Acerca dos Métodos Alternativos de Solução de Conflitos nas Demandas Previdenciárias." Revista de Ciências Jurídicas e Empresariais 22, no. 2 (December 14, 2021): 65–74. http://dx.doi.org/10.17921/2448-2129.2021v22n2p65-74.
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ResumoO presente artigo tem como intuito analisar os aspectos concernentes acerca dos métodos alternativos de solução de conflitos e sua aplicação no Direito Previdenciário, relacionando de forma específica às demandas dos benefícios previdenciários e assistenciais frente ao INSS. Pretende-se atingir, com esta pesquisa, resultados e possíveis soluções a este conjunto de questões, através da realização de métodos investigativos e por meio de estudos de caso, doutrinas e de jurisprudências. Além disso, objetiva-se analisar o presente tema em toda a sua extensão, bem como seus efeitos no universo da Previdência Social. Serão levantadas hipóteses sobre os fundamentos, estruturas, justificativas, agentes e operadores em relação às principais insuficiências e limitações, bem como dos desafios que o efetivo acesso à Justiça enfrenta no tocante à resolução de conflitos previdenciários. Em conjunto, espera-se edificar uma nova visão jurídica, retratando, caracterizando e detalhando quais são os maiores desafios para o Direito Previdenciário na resolução alternativa de conflitos, buscando apresentar e desenvolver o raciocínio sobre possíveis normas e alternativas, que tenham como finalidade regulamentar da melhor forma a questão do acesso à Justiça e o cumprimento efetivo do Princípio da Dignidade Humana. Outrossim, pretende-se conscientizar e difundir esta problemática, ampliando o conhecimento sobre seu conceito, sua ação, seus efeitos e consequências. Por fim, o artigo busca atrair atenção para esta importante temática, com o objetivo de proporcionar soluções que possam amenizar, auxiliar e resgatar a efetividade do acesso à Justiça nas soluções alternativas de conflitos. Palavras-chave: Acesso à Justiça. Direitos Fundamentais. Previdência Social. Abstract This article aims to analyze the aspects concerning alternative methods of conflict resolution and their application in Social Security Law, specifically relating to the demands for social security and assistance benefits against the INSS. It is intended to reach, with this research, results and possible solutions to this set of questions, through the accomplishment of investigative methods and case studies, doctrines, and jurisprudence. In addition, the objective is to analyze the present theme to its full extent, as well as its effects on the universe of Social Security. Hypotheses will be raised about the fundamentals, structures, justifications, agents, and operators about the main weaknesses and limitations, as well as the challenges that effective access to Justice faces regarding the resolution of social security conflicts. Together, it is expected to build a new legal vision, portraying, characterizing, and detailing what are the biggest challenges for Social Security Law in alternative conflict resolution, seeking to present and develop the reasoning on possible norms and alternatives, which have the regulatory purpose of the better the question of access to justice and the effective fulfillment of the Principle of Human Dignity. Furthermore, it is intended to raise awareness and spread this issue, expanding knowledge about its concept, action, effects, and consequences. Finally, the article seeks to draw attention to this important issue, to provide solutions that can ease, assist and restore the effectiveness of access to justice in alternative conflict solutions. Keywords: Access to Justice. Fundamental Rights. Conciliation.
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Whittle, Steven. "Finding Law in the 21st Century: An Introduction to the SOSIG Law Gateway." International Journal of Legal Information 29, no. 2 (2001): 360–82. http://dx.doi.org/10.1017/s0731126500009471.
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This paper provides an introduction to the SOSIG (Social Science Information Gateway) Law Gateway a web based descriptive database of high quality legal information resources on the Internet (www.sosig.ac.uk/law). The Law Gateway is a new research support service being developed by the Institute of Advanced Legal Studies (University of London) in partnership with the University of Bristol as part of the UK's Resource Discovery Network initiative. The project seeks to provide access to the expanding range of global legal materials now being delivered over the Internet. In effect, the Law Gateway aims to offer the UK and international legal communities appropriate new ways to find, assess and access law in the new century.
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Sargent, Neil. "The Possibilities and Perils of Legal Studies." Canadian journal of law and society 6 (1991): 1–26. http://dx.doi.org/10.1017/s0829320100001897.
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AbstractThe paper explores the possibilities and perils of an interdisciplinary approach to legal studies emerging as an alternative intellectual paradigm to the doctrinal tradition within legal scholarship. The privileged status accorded to the doctrinal tradition within the legal academy is sustained by its continued importance in providing a link between law as a field of intellectual inquiry and law as a field of professional practice. Despite the promise of a more pluralistic intellectual climate within the legal academy, it seems unlikely that an interdisciplinary approach to legal studies will succeed in challenging the preeminence of legal doctrine as the primary source of professional-knowledge claims about law. At the same time, however, any attempt to claim legal studies as a separate field of intellectual inquiry outside the legal academy confronts many of the same doubts about the nature of law as a unitary object of knowledge as the doctrinal tradition from which it seeks to distance itself. The paradox of the legal studies project is that whenever it tries to free itself from the embrace of the doctrinal tradition, it confronts epistemological doubts about the conditions for its own existence. It appears, therefore, that the legal studies project is destined to continue its labours in the shadow of the law.
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Pavlich, George. "Legal Judgment and Cape Colonial Law." Law, Culture and the Humanities 8, no. 2 (November 25, 2010): 207–18. http://dx.doi.org/10.1177/1743872110378707.
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Judgment is a complex matter, with particular nuances in the context of juridical decision-making. The following commentary explores legal judgment at a particular juncture via a Cape colonial case in 1798 and through Foucault’s often overlooked essay, “Truth and Juridical Forms.” Noting the legacy of the test and the inquiry as knowledge formations that have significantly influenced judgment in European and colonial law, this discussion highlights how legal judgment might usefully be viewed as a shifting product of local and wider power-knowledge formations. Viewing a Cape record at some historical distance enables one to see colonial legal judgment as a process of its time and place. It also enables a more general, if admittedly exploratory, comment on judgment as an authorized, violent process that cuts and countersigns itself through complex transcriptions. As well, a performative contradiction attaches indecision to the heart of legal decisions, thereby disabling apodictic judgments and intimating a potential escape from totalitarian judgmental systems.
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Zmierczak, Maria. "Political and legal doctrines as a teaching subject at legal studies in the Third Polish Republic." Czasopismo Prawno-Historyczne 72, no. 2 (January 2, 2021): 173–97. http://dx.doi.org/10.14746/cph.2020.2.9.
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The article presents a historical analysis of the content of one subject offered since 1956 to the Polish students of law, namely the “History of political and legal doctrines.” Until the 1989 this subject was treated as an introduction and presentation of only false, non-scientific ideas, confronted with the only true Marxist theory of law and state. After 1990 the subject called “Political and legal doctrines” or “Political and legal ideas” was steadily developing, it gave the broad knowledge of different political ideas like liberalism, conservatism, socialism as well as knowledge of different understanding of law, beginning with natural law, positivism and so on. At the same time the subject was depreciated and treated as a second rank, the score for students steadily diminished or the subject became non-obligatory. The article describes the long discussion of researchers and academic teachers of “Political and legal doctrines” at the faculties of law, focusing on the content of subject, the scope of coursebooks, the methodology of research and the methods of teaching. But the most important argument is, that “political and legal doctrines” became actually – together with history of law – almost the only subject, giving the students understanding and knowledge about the connection between philosophy, social science and law. The vast horizons seem necessary for lawyers, if they don’t want to be excessive positivist and dogmatic practitioners of statutes. The knowledge of different doctrines should allow them in future to have critical and broaden attitude to statutes. The conclusion is, that without the studying of “Political and legal doctrines” the studies of law change into simple dogmatic legal training.
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Pisulińska, Julia. "LINGUISTICS IN LEGAL COMMUNICATION: LANGUAGE, COMMUNICATION, TEXT, LAW." Journal of International Legal Communication 2 (September 25, 2021): 110–17. http://dx.doi.org/10.32612/uw.27201643.2021.2.pp.110-117.
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The paper encompasses such fields as language, communication, text, law in terms of legal communication. According to language, I try to define the language itself as well as the linguistic focusing mainly on accomplishments of De Saussure. Secondly, it was introduced the subject of communication and its history while taking into consideration the purpose of the paper: legal communication. Legal communication is based on juridical language and legal language. I discussed them and emphasised distinctions between them. This part of the paper, which I can describe as an introduction part, ends with an indication of the research on the field of legal communication. The second part deals in general with communication and problems concerning this matter. I paid attention to the problem of communicativeness, because this matter is not as easy to be provided in legal communication as it seems to be. I moved on to the text as a part of legal communication, its main assumptions which by scholars are perceived as unable to be fulfilled and levels of interpretation this kind of text. This topic is followed by the issue of terminology which is the key to understand the text relating to law. Then I come back to the language, however, this time I point out the command of Polish language, its culture and the language of law stressing aspects regarding correctness. I decided also to include the subject of legal translation which apart from the issues mentioned above needs the specialised knowledge. The final part presents the main thoughts and my conclusions noticing the mutual influence between presented areas as well as the general need of expanding knowledge specifically in relation to language and law.
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Krupiy, Tetyana (Tanya). "Law and media ecology at a tea party: Engaging with the invisibilities within the law." Explorations in Media Ecology 21, no. 4 (December 1, 2022): 333–55. http://dx.doi.org/10.1386/eme_00140_1.
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The present work advances knowledge by placing law and media ecology in a dialogue. It demonstrates that using the theoretical framework of media ecology creates new insights. Its use enables legal scholars to identify and analyse invisibilities in the law. By engaging with such invisibilities, legal scholars can become more self-reflective about how they engage with the law. They can gain a different perspective on legal issues and reframe how they understand these issues. As a result, the legal community becomes better positioned to propose new approaches to tackling legal problems. The article uses numerous case studies. Two case studies involve law and emotion scholarship. The third case study focuses on scholarship, which examines the sensory dimension of law.
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Hinghofer-Szalkay, Stephan G. "Empirical Legal Studies, Comparative Constitutional Law and Legal Doctrine: Bridging the Gaps." Review of Central and East European Law 43, no. 4 (November 17, 2018): 383–410. http://dx.doi.org/10.1163/15730352-04304002.
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This article looks into the viability of approaches to engaging in empirical comparative constitutional legal analysis. Quantifying the words contained in constitutions, while by no means irrelevant, can only be an element in this. Their actual importance according to case law and other empirical data highlights the need for caution in drawing far-ranging comparative conclusions from such quantifications for constitutional legal systems. It is argued that the key phenomenon driving these systems can be found elsewhere: In the paradigmatic concepts of a particular system of legal scholarship, other epistemic communities, or society at large. However, while this phenomenon can be empirically studied, any meaningful study necessitates intimate knowledge of legal scholarship as the meaning of communicative symbols involved can strongly diverge from the paradigmatic concepts of (other) social sciences. Central and East European (cee) constitutional legal systems can be of special interest in this regard due to both close similarities and considerable variations of both positive law and the paradigms of legal scholarship and political thought. Ultimately, an empirical analysis requires a holistic and systematic approach to understanding constitutional systems, including positive law and the paradigms driving it analyzed with quantitative as well as qualitative tools. Otherwise, the push for empirical comparative constitutional legal research may thwart its goal of accurately depicting the observable world, and, in the case of quantitative analyses, can run counter to the goal pursued.
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Conklin, William E. "Derrida’s Kafka and the Imagined Boundary of Legal Knowledge." Law, Culture and the Humanities 15, no. 2 (July 31, 2016): 540–66. http://dx.doi.org/10.1177/1743872116660778.
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This article raises the critical issue as to why there has been assumed to be a boundary to legal knowledge. In response to such an issue I focus upon the works of Jacques Derrida who, amongst other things, was concerned with the boundary of the disciplines of Literature, Philosophy and Law. The article argues that the boundary delimits the law as if the inside of a boundary to territorial-like legal space in legal consciousness. Such a space is not possible without the boundary. Derrida’s most insightful essay in this regard is his study of Franz Kafka’s untitled parable in The Trial. The parable represents a man who waits for an invitation to enter the Law until he nears his end. Derrida responds to the parable in his essay, “Before the Law.” This article uses the parable and Derrida’s response to it as a starting-off point for a reconsideration of the boundary of legal knowledge. In this context, Derrida asks this question: “why is Kafka’s parable categorized as Literature or Law?” Such an issue depends upon the boundary of a discipline, according to Derrida. And that focus, in turn, asks whether the boundary pre-exists any text which is represented as “Literature” or “Law” or “Philosophy.” This article claims, however, that Derrida’s theory presupposes that law, as a discipline, encloses a territorial-like space in legal consciousness. Each discipline possesses such a space. So too does the state and the university. Inside this bounded space, officials of the Law are free to consciously deliberate, reflect, and render decisions about the context of the Law. Analytically and phenomenologically before the boundary is taken for granted in an academic discipline, however, there is an unbounded non-law. The aporia of Derrida’s theory of the boundary of the Law is that the official or expert knower of the official language inside the boundary cannot assume the imagined boundary of legal knowledge without implicitly claiming to know the exteriority to the boundary. And yet, officials and expert knowers cannot know such an exterior extra-legality because, by virtue of the boundary as encircling a territorial-like space, knowledge is considered legal only when it exists inside the boundary. “The Law” is the consequence of the imagination of the expert knowers of the language as well as of the non-expert who believes in the bounded territorial-like space.
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Kudin, Serhii, Vasyl Topchii, Andrii Novytskyi, Mark Voronov, and Yuliia Hradova. "Interpretation of human legal value in the natural concept of understanding law." Cuestiones Políticas 40, no. 74 (October 25, 2022): 764–78. http://dx.doi.org/10.46398/cuestpol.4074.42.
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The aim of the article was to identify the essence of the legal value of man within the natural concept of law. The article used methods and perspectives, such as: philosophical dialectics, analysis, synthesis, systemic, functional, historical, axiological and special-legal. It is substantiated that the knowledge of the value of a person within the natural-legal type of understanding is important for determining the criteria of normativity in the protection of human and civil rights and freedoms. The essence of the objectivist variety of the theory of natural law is that the image of law is associated with legal consciousness and is reflected in the active and creative human activity, based on the principles of freedom inherent in man from birth. It is concluded that, within the framework of the modern theory of natural law, the points of iusnaturalistic and legal are combined with the historical and sociological study of legal ideals, which leads to expanding the list of natural rights and including, in addition, not only inalienable human rights, but also, human rights of social, economic and political nature, which contribute, to the strengthening of human activity to realize and protect their needs and interests.
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Candioti, Magdalena. "Free Womb Law, Legal Asynchronies, and Migrations." Americas 77, no. 1 (January 2020): 73–99. http://dx.doi.org/10.1017/tam.2019.109.
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AbstractThis article analyzes in depth the history of Petrona, an enslaved woman sold in Santa Fe (Argentina), sent to Buenos Aires and later possibly to Montevideo (Uruguay). By reconstructing her case, the article demonstrates how the legal status of enslaved persons was affected by the redefinitions of jurisdictions and by the forced or voluntary crossings between political units. This study also shows the circulation and uses of the Free Womb law in Argentina and Uruguay and traces legal experts’ debates over its meaning. At the same time, it reflects on the knowledge enslaved people had of those abolitionist norms and how they used them to resist forced relocations, attempt favorable migrations, or achieve full freedom. The article crosses analytical dimensions and historiographies—legal, social, and political— and articulates them by reflecting more broadly on these factors: the impact of the revolution of independence on enslaved persons’ lives, the scarce circulation of abolitionist public discourse in Río de la Plata, the gendered bias of the process, and the central yet untold uses of antislavery rhetoric in the national narratives.
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Cotterrell, Roger. "Leon Petrażycki and contemporary socio-legal studies." International Journal of Law in Context 11, no. 1 (March 2015): 1–16. http://dx.doi.org/10.1017/s1744552314000330.
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AbstractThe work of the Polish–Russian scholar Leon Petrażycki from the early decades of the twentieth century holds a strikingly paradoxical position in the literature of juristic and socio-legal scholarship: on the one hand, lauded as a supremely valuable contribution to knowledge about the nature of law and, on the other, widely neglected and little known. This paper asks how far Petrażycki's theories, expressed in writings by and about him available to an international readership, can provide insight for contemporary socio-legal studies – not as historical background but as living ideas. How far can his work speak to current issues and inform current debates? What obstacles stand in the way of this? Why have few international scholars engaged with his theories despite their rigour and originality? The paper starts from this last issue before addressing the others. It argues that Petrażycki's radical legal theory offers strikingly distinctive resources for rethinking issues about the role of law in multicultural societies, the nature of developing transnational law, and the significance of law as an aspect or expression of culture.
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CHERNOGOR, Nikolai, Alexander EMELYANOV, and Maksim ZALOILO. "In Search of a New Methodology of Social Regulation and of Knowledge of Law: About Convergent Technologies and Aesthetics of Law." WISDOM 23, no. 3 (September 25, 2022): 234–41. http://dx.doi.org/10.24234/wisdom.v23i3.631.
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Modern law falls into an “aesthetic” crisis, which must be considered as an expression of the structural crisis of law at the moment of its transformation from the state of a self-regulating system to a self-developing system. Postmodern law needs new legal patterns, which would allow returning the ease of perception of law and the beauty of the formulation of its prescriptions. In this regard, a revision of the methodology of social regulation and of knowledge of the law is required. The starting point is an appeal to the aesthetics of law. The final result is determined by the technological level. The objectives of the study are to establish the possibility of expanding the methodology of cognition of law through the methods of aesthetics and convergent (NBICS) technologies, as well as to determine the nature and extent of their influence on the methodology of social regulation. The introduction of aesthetic methods in the context of the development and implementation of NBICS technologies will allow us to establish the regularities of the genesis of law and the legal order, which will determine the main directions of overcoming the modern structural crisis in law.
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Mikheeva, Tsybik Ts. "The Formation of Russian Legal Studies as a Science." History of state and law 4 (April 29, 2021): 65–69. http://dx.doi.org/10.18572/1812-3805-2021-4-65-69.
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In the context of understanding legal science as a system of knowledge about law, a social institution, cognitive activity in the field of law, the author considered the issue of the formation the jurisprudence in Russia. The chronological framework of this article covers the period from the beginning of the 18th century, from the formation of Russian jurisprudence, to the beginning of the 20th century, when independent legal scientific schools have been formed in Russia.
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Finnane, Mark. "Law as Politics: Chinese Litigants in Australian Colonial Courts." Journal of Chinese Overseas 9, no. 2 (2013): 193–211. http://dx.doi.org/10.1163/17932548-12341259.
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Abstract The recent historiography of Chinese in Australia has emphasised their vigorous formation of a local identity and community even in the face of recurrent and expanding threats of exclusion from colonial life. In their ready embrace of legal remedies to redress what they saw as discrimination or other harms, the Chinese were exemplar colonial settlers who looked to the law to protect them. In colonial appeal courts, Chinese litigants challenged migration controls, contested convictions under opium restriction and gambling laws, sought equitable outcomes in property inheritance and challenged exclusionary regulation under the Factory Acts. In contrast to another kind of history of the Chinese in Australian law, as defendants in criminal prosecution, this article draws attention to the Chinese engagement in legal remedies as an assertion of their entitlement to recognition and fair play.
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Acuyo-Verdejo, Maria Del Carmen. "Textual Knowledge in Legal Translation." HERMES - Journal of Language and Communication in Business 17, no. 32 (March 7, 2017): 167. http://dx.doi.org/10.7146/hjlcb.v17i32.25766.
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In this paper, we discuss the importance of textual knowledge for the translator in different cultures. By knowing the superstructure of the different text types, the translator will have less difficulties in his/her decision-making process. The more familiar the translator is with the different types of texts within a given culture and their super structures, the better the reception of the translated text in the target culture. To this purpose, we have taken as our material texts from industrial property law. Most of the times, the main problem translators encounter derives not only from the subject field of a document, where we deal with a very specialised terminology, but also from the text type itself. Recent research in Translation Studies has underlined the importance of this aspect, and specifically in the field of legal translation (Borja, 1998, 2000). This paper is intended to show the specific textual conventions that characterise some of the most commonly translated documents regarding the registration of a trade mark. The documents considered in this paper make specially reference to those we find both in the Spanish and the British legal systems.
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Davis, Donald R. "Law and “Law Books” in the Hindu Tradition." German Law Journal 9, no. 3 (March 1, 2008): 309–25. http://dx.doi.org/10.1017/s2071832200006441.
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It is by now common knowledge that British colonialism in India transformed or invented many Indian institutions and traditions. Questions of how the transformation occurred, of the extent of Indians’ participation in the changes, and of how to measure the scope of the transformation are all still very much in scholarly debate. The area of law has recently become a productive intellectual site for historians interested in describing the transformative effects of colonial governance. Few of these studies, however, are informed by more than a superficial knowledge of classical and medieval legal traditions in India.
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Pavlichenko, Evgenia, and Mariyana Golynska. "FORMATION OF COMPARATIVE LAW AND COMPARATIVE-LEGAL METHODOLOGY." Law Journal of Donbass 66, no. 1 (2019): 18–24. http://dx.doi.org/10.32366/2523-4269-2019-66-1-18-24.
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The article deals with the theoretical research aimed at studying the development of comparative law and comparative legal methodology, discloses the stages of the development of comparative methods in the framework of scientific legal systems, and establishes key ideas for the development of the modern jurisprudence. In the process of conducting the research, the specifics of the methodology and cognizance of comparative legal trends were established and the distinctive features of the development of the national comparative law were shown. The main issues relating to the existing methodology of comparative jurisprudence were revealed and the ways of solving them were presented. It was shown that further development of legal comparative studies as a relatively independent branch of the legal science would make it possible to have a positive influence on the entire system of jurisprudence, the development of professional knowledge and the skills of lawyers. The recommendations proposed would contribute to the expansion and strengthening of the socially fair society governed by law. It was established that scientists doing comparative studies pay attention to the research of national and international law from the comparative point of view thus enriching the legal science with new knowledge. The necessity of unity between the classical theory of jurisprudence and specific areas of law was proved, which would significantly expand the formation of the new approach to the development of legal comparative studies. It was shown that the need to solve the above problems is justified by the processes of the legal comparative studies. It was noted that the use of the comparative analysis would ensure the interaction of science and practice, the unity of science with the interests of society and the values thereof.
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van Wichelen, Sonja, and Marc de Leeuw. "Biolegality: How Biology and Law Redefine Sociality." Annual Review of Anthropology 51, no. 1 (October 24, 2022): 383–99. http://dx.doi.org/10.1146/annurev-anthro-041520-102305.
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As an empirical concept, biolegality emerged at the height of biotechnological advances in Euro-American societies when rapid changes in the life sciences (including molecular biology, immunology, and the neurosciences) and their attendant techniques (including reproductive technologies and gene editing) started to challenge ethical norms, legal decisions, and legal forms. As a theoretical concept, biolegality deepens the Foucauldian notion of biopolitics with an operation of legality that emphasizes how biology and its attendant technologies alter legal form, knowledge, practice, and experience. These empirical and theoretical developments affect how we understand sociality. While public discourse remains preoccupied with the call for more regulation—thereby underscoring law's lag in its dealings with technology—the social science scholarship describes instead how bioscience and biotechnology are fragmenting and rearranging legal knowledge about property, personhood, parenthood, and collective identity. As it opens broader anthropological debates around exchange, self, kinship, and community, the study of biolegality brings a novel currency to the discipline, addressing how biology and law inform new ways of relating and knowing.
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Holthoefer, Anne. "Constructing International Crime: Lawyers, States, and the Origin of International Criminal Prosecution in the Interwar Period." Law & Social Inquiry 42, no. 03 (2017): 711–43. http://dx.doi.org/10.1111/lsi.12258.
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This article explains the development of international crime as a legal category. I argue that states' pursuit of political rights claims empowers international lawyers to develop new legal categories to grant states new tools to pursue their interests. At the same time, lawyers have a stake in defending the autonomy of law from politics, thus pushing for the development of legal norms and institutions that go beyond the original state intent. States' turn to law thus begets more law, expanding the legal and institutional tools to solve international problems while simultaneously enforcing a commitment to principles of legality. To demonstrate the plausibility of the theory, the article studies the construction of the concept of an international crime in the interwar period (1919–1939). In response to the Allies' attempt to prosecute the German Emperor, international lawyers sought the codification of international criminal law and drafted enforcement mechanisms. The interwar legal debate not only introduced international crime into the legal and political vocabulary, it also legitimized a new set of institutional responses to violations of international law, namely, international criminal prosecution.
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Prasetyo, Yogi, and Absori Absori. "Convergence Epistemologies of Legal Studies Perspectives of Islamic Philosophy." Millati: Journal of Islamic Studies and Humanities 3, no. 1 (September 26, 2018): 1. http://dx.doi.org/10.18326/mlt.v3i1.1-28.
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Epistemology of knowledge, also epistemology of legal studies, which is derived from the senses, rationality, and inner voices, has their own analysis methods to attain truths; inductive reasoning to seek validity of empirical knowledge, deductive reasoning for knowledge based on reason or rationality, and intuition for that derived from inner voices. The three analysis methods often lead to debate and contradicting claims creating a conflicting truth in epistemology.This conflicting claims of truth results in stagnancy, deviation, and distortion, in which the truth attained during the process may be misused for certain parties, since in the field of law, truth may be established to accommodate one’s needs. Therefore, it is crucial to create a concept which reconciles various epistemologies in knowledge, as well in legal studies, which is through a convergence of epistemology in legal studies through the perspective of Islamic philosophy. Through Islamic philosophy which is based on Quran, a conflicting knowledge derived through the senses, rationality, and inner voices will reconcile in one central point.Islamic philosophy which is based on Quran is the basis for epistemological truth derived from the senses, rationality, and inner voices, to simultaneously and jointly understand and complement each others’ strengths and weaknesses through a circular triadic process in order to reach reconciliation.
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Fischer-Lescano, Andreas. "Sociological Aesthetics of Law." Law, Culture and the Humanities 16, no. 2 (July 1, 2016): 268–93. http://dx.doi.org/10.1177/1743872116656777.
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Aesthetic theory has the potential to develop a sensorium for the rational and arational forces of law. But the aesthetic knowledge of law is underdeveloped. That is why this article proposes a self-reflective sociological aesthetics of law that is capable of acknowledging human and social forces. The article unfolds its argument in three steps: first, it outlines the main approaches in the field of “law and aesthetics”; second, it connects these approaches in legal aesthetics with sociological and philosophical discussions on aesthetics; and, third, it suggests what distinctive contributions such a connection could make to jurisprudence and legal practice.
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Yusin, Jennifer. "On Making a Knowledge of Body." TSQ: Transgender Studies Quarterly 9, no. 2 (May 1, 2022): 211–21. http://dx.doi.org/10.1215/23289252-9612865.
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Abstract This essay explores some of the ways relations between body and law shape intersex and trans experiences. It draws on the work of Dean Spade, Suzanne Kessler, and Audre Lorde to help show how intersex and trans experiences imply a certain link between justice and joy. The essay considers how this link consists in opening new epistemological horizons of body that compel us to account for how there exists a knowledge that is not reducible to an objective. To help develop these points, this essay focuses on medical and legal demands to make gender normal. It proceeds by interpreting how the word normal functions as a metaphor expressing a subjective body of knowledge that concerns everyone. Accounting for this knowledge helps demonstrate how intersex and trans experiences confront the impossible of the law in all of its severities with courage and patience.
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McPherson, Rachel. "Legal change and legal inertia: understanding and contextualising Scottish cases in which women kill their abusers." Journal of Gender-Based Violence 5, no. 2 (June 1, 2021): 289–306. http://dx.doi.org/10.1332/239868021x16099485271900.
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Significant legal and policy change related to domestic abuse has been evident in Scotland over the last 40 years. Despite this, no change has occurred in relation to cases in which women kill their abusers. This article maps the significant changes which have occurred in Scotland in relation to domestic abuse, linking these to the development of the Scottish women’s movement and related feminist activism. This landscape is contrasted with the inertia which has become apparent in relation to cases in which women kill their abusers. A detailed examination of the Scottish landscape is presented which includes in-depth qualitative analysis of 62 cases of this type.Although the problems inherent to effecting change for women who kill their abusers are recognised, this article proposes several practical changes which could be implemented to bridge the knowledge gap which has emerged in Scotland. This call to action comes at the time when the Scottish Law Commission are considering homicide and defences to murder, making it a crucial time to consider the Scottish landscape in relation to this aspect of domestic abuse.
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Ivanskiy, Valeriy P., and Sergey I. Kovalev. "THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART I)." RUDN Journal of Law 23, no. 1 (December 15, 2019): 48–61. http://dx.doi.org/10.22363/2313-2337-2019-23-1-48-61.
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The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as «classical», «non-classical» or «post-non-classical» science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of "scientific rationality" and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools: 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of "types and models of legal rationality" into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.
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Ivanskiy, Valeriy P., and Sergey I. Kovalev. "THE ROLE OF RATIONALITY PHILOSOPHY IN LEGAL STUDIES (PART II)." RUDN Journal of Law 23, no. 2 (December 15, 2019): 184–99. http://dx.doi.org/10.22363/2313-2337-2019-23-2-184-199.
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The relevance of the article, which consists of two parts, is that the various theories of rationality presented only in philosophical works are considered. Meanwhile, it should be noted that in recent decades in scientific works on jurisprudence there is a clear trend of borrowing such terms from philosophy as “classical”, “non-classical” or “post-non-classical” science in the description of a concept of law. Nevertheless, in legal studies there is still no concept of rationality, the criteria for its classification, allowing to describe the diversity of manifestations of legal reality. The purpose of the study is: 1) to find new non-classical foundations for the development of legal knowledge; 2) to substantiate the point of view that the category of “scientific rationality” and its typology used in philosophy, it is necessary to introduce into scientific use of legal science, which will push the boundaries of knowledge of legal reality; 3) to describe the features of understanding of the term "scientific rationality" in law in the context of its classification into the following two groups: classical and neoclassical (post-classical), as well as non-classical and post-classical. In the process of studying the philosophy of rationality in legal studies used a diverse set of methodological tools : 1) General philosophical methods (dialectical and idealistic); 2) General scientific methods - analysis and synthesis, deduction and induction, analogy, comparison; 3) and private (special) - logical, comparative-legal, formal-legal, normative-dogmatic; 4) method of interpretation, including the method of problem-theoretical reconstruction. The main results of achieving the goal of the study were proposals on: 1) introduction of the concept of “types and models of legal rationality” into the scientific circulation of jurisprudence; 2) classification of legal rationality into classical and non - classical types and corresponding models-neoclassical (post-classical) and post-non-classical. It should be noted that the post-classical and post-non-classical styles of legal thinking are evolved versions, respectively, of the classical and non-classical types of legal rationality. The basis for the classification of types of scientific rationality in legal science was the anthropological factor-consciousness homo juridicus and methodological tools with which legal consciousness is known. The novelty of the study is that the above classification of epistemological paradigms allows us to look at the law as a multilevel reality, which is simultaneously inherent in the two mechanisms of its Constitution - external and internal. Moreover, the presented criteria-based classification of legal rationality is the basis for the development of legal knowledge.
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Romaniv, Khrystyna. "Information and communication technologies as a means to increase the professional skills of law students." Law and innovations, no. 4 (32) (December 15, 2020): 55–61. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-8.
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Problem definition. Modern legal activities are inextricably linked with ICT, and therefore information culture as acomponent of professional legal consciousness of a law student is no less relevant, since new generation of legalprofessionals must efficiently apply the acquired knowledge, influence development of democratic, rule-of-law state andcivil society.ICT contributes to formation of a unified European educational space and professional growth of future lawyers. Inaddition, accelerating the pace of information creation and dissemination allows a law student to expand their intellectualpotential. After all, a lawyer faces processing of large amounts of legal information in the professional activity, which isassociated with various legal facts, offenses and their overcoming, various legal relations and law and order. To resolvequickly legal situations, a lawyer has to use ICT aiming at assistance in systematization and provision of quick access tolegal information. Accordingly, it is today important to teach a law student not only basic legal knowledge, but also theability to respond quickly and find solutions to various legal situations. Analysis of the last researches and publications. The issue of professional skills formation in law students usingICT has not been elaborated in scientific literature. However, some authors are close to the topic we have chosen bydisclosing such issues as: ICT use in education and legal in particular. Such researchers include: B. Hershunskyi,R. Hurevych, V. Zelinska, M. Kademiia, М. Kozer, V. Lusha, N. Lohinova, S. Netiosova, N. Rusina, І. Savchenko,О. Fedorchuk, М. Sherman, S. Shyika, О. Shmyrov et al. Article objective. Elaboration of ICT importance as a tool for learning the law through establishment of stages oflaw student’s professional skills formation. Article’s main body. Professionalism is formed primarily through education, therefore a professional lawyer is aself-establishment in the field of law through knowledge and skills. The literature analysis showed that the importance ofinformation and communication technologies as a law knowledge tool can be revealed by establishing the stages of formationof professional skills of law student, in particular: 1) preparation, receipt, collection and exchange of legal informationduring learning; 2) expanding the range of cognitive activity; 3) formation of legal knowledge, their preservation;4) formation of legal thinking in a law student; 5) formation of moral and legal ideals of the future lawyer; 6) emergenceof research and practical skills.It is revealed that the emergence of research and practical skills is evidence of information and legal competence,which is the basis of professional skills of the future lawyer. Legal competency means a set of professional knowledge related to legal information, a variety of application software skills and information skills to use the ICT to solve differentprofessional problems. Conclusions and prospects for the development. It is proved that the ICT in the preparation of law students helpsto increase the professional capacity of a young specialist to perform future legal activities and leads to enrichment ofpedagogical and organizational activity of higher educational institutions with the following opportunities: extension ofthe information component of the professional skills of the law student, which is possible through the computer use andis manifested in the following: timeliness in obtaining complete and reliable information, minimizing time when seekinglegal information; ability to process significant volumes of legal information, ability to use different types of legalinformation source, ability to create their own databases of legal information; improvement of practical skills throughmodeling of different legal situations or their computer visualization, which may arise in professional activity; expansionof orientation skills, which is the speed of responding to changes and additions in the current legislation, ability to finduseful legal information in the short term; improvement of analytical skills through continuous monitoring of legalinformation and speeding up the transfer of legal experience.
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Romaniv, Khrystyna. "Information and communication technologies as a means to increase the professional skills of law students." Law and innovations, no. 4 (32) (December 15, 2020): 55–61. http://dx.doi.org/10.37772/2518-1718-2020-4(32)-8.
Full textAbstract:
Problem definition. Modern legal activities are inextricably linked with ICT, and therefore information culture as acomponent of professional legal consciousness of a law student is no less relevant, since new generation of legalprofessionals must efficiently apply the acquired knowledge, influence development of democratic, rule-of-law state andcivil society.ICT contributes to formation of a unified European educational space and professional growth of future lawyers. Inaddition, accelerating the pace of information creation and dissemination allows a law student to expand their intellectualpotential. After all, a lawyer faces processing of large amounts of legal information in the professional activity, which isassociated with various legal facts, offenses and their overcoming, various legal relations and law and order. To resolvequickly legal situations, a lawyer has to use ICT aiming at assistance in systematization and provision of quick access tolegal information. Accordingly, it is today important to teach a law student not only basic legal knowledge, but also theability to respond quickly and find solutions to various legal situations. Analysis of the last researches and publications. The issue of professional skills formation in law students usingICT has not been elaborated in scientific literature. However, some authors are close to the topic we have chosen bydisclosing such issues as: ICT use in education and legal in particular. Such researchers include: B. Hershunskyi,R. Hurevych, V. Zelinska, M. Kademiia, М. Kozer, V. Lusha, N. Lohinova, S. Netiosova, N. Rusina, І. Savchenko,О. Fedorchuk, М. Sherman, S. Shyika, О. Shmyrov et al. Article objective. Elaboration of ICT importance as a tool for learning the law through establishment of stages oflaw student’s professional skills formation. Article’s main body. Professionalism is formed primarily through education, therefore a professional lawyer is aself-establishment in the field of law through knowledge and skills. The literature analysis showed that the importance ofinformation and communication technologies as a law knowledge tool can be revealed by establishing the stages of formationof professional skills of law student, in particular: 1) preparation, receipt, collection and exchange of legal informationduring learning; 2) expanding the range of cognitive activity; 3) formation of legal knowledge, their preservation;4) formation of legal thinking in a law student; 5) formation of moral and legal ideals of the future lawyer; 6) emergenceof research and practical skills.It is revealed that the emergence of research and practical skills is evidence of information and legal competence,which is the basis of professional skills of the future lawyer. Legal competency means a set of professional knowledge related to legal information, a variety of application software skills and information skills to use the ICT to solve differentprofessional problems. Conclusions and prospects for the development. It is proved that the ICT in the preparation of law students helpsto increase the professional capacity of a young specialist to perform future legal activities and leads to enrichment ofpedagogical and organizational activity of higher educational institutions with the following opportunities: extension ofthe information component of the professional skills of the law student, which is possible through the computer use andis manifested in the following: timeliness in obtaining complete and reliable information, minimizing time when seekinglegal information; ability to process significant volumes of legal information, ability to use different types of legalinformation source, ability to create their own databases of legal information; improvement of practical skills throughmodeling of different legal situations or their computer visualization, which may arise in professional activity; expansionof orientation skills, which is the speed of responding to changes and additions in the current legislation, ability to finduseful legal information in the short term; improvement of analytical skills through continuous monitoring of legalinformation and speeding up the transfer of legal experience.
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Wiewiorowski, Jacek. "Universality of the Rhodian maritime law." Gdańskie Studia Prawnicze, no. 3(43)/2019 (November 4, 2019): 217–30. http://dx.doi.org/10.26881/gsp.2019.3.17.
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The article is devoted to the Rhodian maritime law (i.e. lex Rhodia de iactu [rhodian law about jettison]), which is considered to be a primary source of knowledge about the terms of jettison and other risks associated with navigation in maritime law. First, the Author presents general information concerning the issue and the impact of law in legal history. Then, he draws on the findings of sciences with regard to the roots of the sense of justice among humans and points out their correspondences with solutions adopted in Rhodian law about jettison. In conclusion, the Author advocates the need to resort to the achievements of evolutionary psychology in studies devoted to Roman law and modern legal studies as well. In his opinion, this would serve to verify and support the thesis that certain solutions developed by Roman law are universal as well as to promote the idea of returning to the unity of knowledge (consilience).
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Simon, Jonathan. "Between Power and Knowledge: Habermas, Foucault, and the Future of Legal Studies: Comment." Law & Society Review 28, no. 4 (1994): 947. http://dx.doi.org/10.2307/3054004.
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Israël, Liora. "Legalise it! The rising place of law in French sociology." International Journal of Law in Context 9, no. 2 (June 2013): 262–78. http://dx.doi.org/10.1017/s1744552313000013.
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AbstractBy highlighting a large number of recent studies mainly based on empirical methods, the aim of this paper is to emphasise and illustrate the rising influence of legal sociology in France today, and the interesting results produced. More generally, it is noteworthy to emphasise the growing importance of law and legal domains as a topic of great interest in French social sciences in general. It remains an open question whether this trend is linked to the ‘judicialisation’ of French politics and society and its influence over the academic field, or, alternatively, to the growing capacity of social scientists to resist the monopolistic claim of French academic lawyers on the analysis of legal subjects and to develop their own. Nevertheless, those trends converge towards a better knowledge of French legality, relevant from a national perspective, as well as to assess its contribution to socio-legal knowledge in general.
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Anderson, Jane. "The Making of Indigenous Knowledge in Intellectual Property Law in Australia." International Journal of Cultural Property 12, no. 3 (August 2005): 347–73. http://dx.doi.org/10.1017/s0940739105050174.
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The challenge of how to stop the unauthorized use of Indigenous knowledge has been firmly constituted as a problem to be solved by and managed through the legal domain. In this paper, my questions are directed to the way Indigenous knowledge has been made into a category of intellectual property law and consequently how law has sought to define and manage the boundaries of Indigenous knowledge.
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GOÑI RODRÍGUEZ DE ALMEIDA, MARÍA, and SILVIA MESEGUER VELASCO. "Renewal of teaching methodologies in Law Degree studies." Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no. 2 (July 1, 2010): 135–48. http://dx.doi.org/10.24310/rejie.2010.v0i2.7936.
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European convergency criteria regarding education mean a challenge for the whole university system that will lead to significant changes related to the progressive implementation of new teaching methodologiesTherefore, the professor will have to adapt to the innovative teaching tendencies, and will become a teacher-tutor, just like in the Anglo-Saxon systems. Right now, the professor, without forgetting the knowledge of the subject, will have to update the traditional systems of teaching, and will have to set out the matter stating the cross-cutting skills and specific ones that the student must acquire, in order to give expression in the course description. The teacher will have to choose the necessary tools to set up the subject and preparing the necessary teaching materials.Among the new tools that the teacher will use, we would like to highlight the "magistral lesson", nowadays "expositive lesson", that should be combined with alternative tools at the lecture hall. Likewise, drawing up legal texts, analyzing jurisprudence and making the investigation work, as well as teaching through practica cases methodology, are traditional tools that gain a new importance.Besides, there are innovative tools such as the study of legal systems comparison, trial's simulation (included international ones) and of course the use of Information and Communication Technologies and virtual environment of learning.
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Stagl, Jakob Fortunat. "Roman Law and Legal Knowledge. Studies in Memory of Henryk Kupiszewski, hg. von Tomasz Giaro." Zeitschrift der Savigny-Stiftung für Rechtsgeschichte. Romanistische Abteilung 131, no. 1 (August 1, 2014): 559–61. http://dx.doi.org/10.7767/zrgra-2014-0144.
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Petrenko, Sergiy, Andriy Kyrychenko, Dmytro Bilan, Anhelina Babyak, and Yuliya Kostyuk. "Gender equality as a value of law." Naukovyy Visnyk Dnipropetrovs'kogo Derzhavnogo Universytetu Vnutrishnikh Sprav 5, no. 5 (December 30, 2020): 73–79. http://dx.doi.org/10.31733/2078-3566-2020-5-73-79.
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The description of gender equality as the value of law in discourse of anthropological tendency is given in the article. Considered right to differences in the aspect of gender mainstreaming in law. The main components of gender equality are characterized. The article studies the regulatory foundation of the implementation and promotion of gender equality in Ukraine. Determination of the effectiveness of legal mechanisms aimed at its regulating, is based on the analysis of relevant legal acts. Based on the comparison of state programs, deficiencies and failures in this area, the direction of further improvement of legal regulation of gender equality in Ukraine, is determined. Awareness of the logical chain "human capital - human rights - gender equality - sustainable development - the progress and quality of life" dictates the importance of avoiding gender inequalities in the process of development. Gender equality is both the development objective and reasonable approach to economic politics, because development is seen as a process of expanding freedoms equally for every individual - for all women and men. The topicality of the question is primarily due to the fact that gender equality is important in itself, and also due to understanding that the emancipation of womens human development has a strong impact on work performance. That in its turn leads to increased economic efficiency, which is a condition for achieving other key development goals.
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Yilmaz, Ihsan. "Use of Civilisational Populist Informal Law by Authoritarian Incumbents to Prolong Their Rule." Religions 13, no. 10 (October 12, 2022): 960. http://dx.doi.org/10.3390/rel13100960.
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Once voted into office, populist governments have often found undemocratic means to prolong their stay. The literature on populists in power is evolving and expanding. However, it has mainly focused on how the populists in power attack institutions such as the judiciary, rule erosion, and dirty institutionalism. How populists make use of the law and the judiciary to prolong their authoritarian rule remains an area that is under-researched. The populists’ use of informal institutions such as the unofficial law when in power has not been studied either. This paper addresses these gaps in the populism literature by studying Turkey’s Islamist populist ruling party’s use of informal law in prolonging its authoritarian rule. The paper argues that the Islamist civilisational populist AKP has been using informal Islamist law for both the legitimation of its rule and the repression of the opposition. It shows how the AKP officials, the state’s Directorate of Religious Affairs (Diyanet), the pro-AKP Sharia scholars, and other informal religious authorities employ the civilisational populist Islamist legal narrative to argue that according to Sharia it is obligatory to choose the side of the God that is represented by the AKP and to vote against the infidel opposition that is an existential danger to the pure Muslim people of Turkey and their religion. The paper combines and contributes to two theoretical strands. The first is civilisational populism, and the second is the informal institutions, with a focus on informal law and legal pluralism.
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Tkachenko, Oleksandr, and Anastasiia Saparova. "COMPARATIVISTIC DISCOURSE OF THE UNIVERSALITY OF LAW." Baltic Journal of Legal and Social Sciences, no. 2 (April 4, 2022): 150–57. http://dx.doi.org/10.30525/2592-8813-2021-2-19.
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The most influential and representative dimension of comparative legal studies is the attempt to substantiate the universal nature of law. The basis of self-identification of comparative law as an independent legal science is the provision of legal knowledge of generally accepted scientific content, formed by natural science Modern time. Universal and invariant content of law should be equivalent to laws of nature. Supranational and non-national universality is established within the two main paradigms of universality of law. The first is the paradigm of causal universality, which explains the identity of the content of law by influencing the law of the same non-legal factors. The second is the paradigm of teleological universality, which considers the universal content of law as one formed by jurisprudence itself. The dialectic of the paradigm is the content of the comparative discourse on the nature of legal universals.
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Zahoor, Rashida, Naureen Akhtar, and Rao Imran Habib. "Clinical Legal Education and its Implication on Legal Education System in Pakistan: Challenges and Prospects." Responsible Education, Learning and Teaching in Emerging Economies 3, no. 1 (June 30, 2021): 15–26. http://dx.doi.org/10.26710/relate.v3i1.1757.
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Purpose: To improve the standard of legal education, legal clinic is one of the modern techniques. Legal profession is a noble profession as it is considered to uphold the justice in a society. A law student may be taught in a such manner that he must be well equipped with professional skills.
Methodology: Previous studies have been discussed with the help of current data for thorough review of challenges in Pakistan.
Findings: In Pakistan, legal education system needs many reforms in order to produce good lawyers. Without professional skills and practical knowledge; a law graduate is unable to utilize his degree in a proper manner. To attain such professional skills; legal clinics are good approach. Where students may be able to seek practical knowledge and also helping the deserving people. LL. B degree awarding institutions shall make it possible to provide clinical legal education. Law clinics must be installed in law faculties where the experts may be available to educate students.
Implications: In this paper, the importance of law clinic is discussed and certain issues are highlighted which are prevailing in current legal education system of Pakistan. Study can help out policy makers to identify challenges and to overcome these issues they can formulate different strategies.
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CERRATO GURI, ELISABET, and ANA GIMÉNEZ COSTA. "The usefulness of introductory training complements in postgraduate studies: analysis of good teaching practice." Revista Jurídica de Investigación e Innovación Educativa (REJIE Nueva Época), no. 10 (July 1, 2014): 161–70. http://dx.doi.org/10.24310/rejie.2014.v0i10.7723.
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In order for the students to follow successfully the courses of the Master Degree of Business Law and Contracts, an introductory course was designed. It is aimed at covering the knowledge gaps that some students may present, which are basically a lack of legal training or a lack of knowledge of the Spanish Law. This methodological innovation has improved the results obtained by these students, and has even avoiding potential dropouts.
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Admiral, Rosemary. "Living Islamic Law: Women and Legal Culture in Marinid Morocco." Islamic Law and Society 25, no. 3 (May 15, 2018): 212–34. http://dx.doi.org/10.1163/15685195-00253p02.
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Historical studies of Islamic legal systems have focused primarily on courts and prominent muftīs. My research shifts the focus to the community level, with particular attention to women and their relationships with male family members, drawing on cases from Fez and its environs under the Marinid dynasty from the mid-seventh/thirteenth to the mid-ninth/fifteenth century. I argue that people actively engaged with Islamic law in their daily lives and relationships, and that women had access to informal legal spaces that allowed them to influence the legal process, making interpretive decisions on issues where the Mālikī school accepted multiple opinions. Through an analysis of fatwās issued by Marinid jurists, I explore how communities and legal officials resolved contentious disputes, and how women used legal knowledge to participate in the legal process.
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Kozhevnikov, Vladimir Valentinovich. "About General Philosophical Methods of Knowledge of Legal Phenomena and Processes." Polit Journal: Scientific Journal of Politics 2, no. 4 (October 18, 2022): 197–206. http://dx.doi.org/10.33258/polit.v2i4.774.
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In this scientific article, emphasizing the special importance in the studies of law of general philosophical methods that determine the content of the methodology as a whole, the method of existentialism is considered as one of them, which is analyzed in great detail from the standpoint of its supporters, and is also critically evaluated by modern scientists.
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Tolstykh, V. L. "Сovid-19 and International Law: General Issues." Moscow Journal of International Law, no. 3 (October 9, 2021): 45–62. http://dx.doi.org/10.24833/08690049-2021-3-45-62.
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INTRODUCTION. In December 2019, an outbreak of coronavirus infection (SARS-CoV-2) transmitted by airborne droplets was recorded in Wuhan, China. In mid-January, the virus was detected in Thailand and Japan; in March, the center of the pandemic moved to Europe; in early April, the United States came out on top in terms of the number of infections. To combat the virus, many states have introduced emergency measures, including lockdowns, social distance requirements, mass testing, etc. The pandemic has affected all spheres of public life, including international relations and international law.MATERIALS AND METHODS. The article analyzes the response to the pandemic on the part of states, organizations and the doctrine of international law; examines the international legal aspects of the pandemic: application of the International Health Regulations 2005, possible responsibility of China and other states, impact of the pandemic on human rights. The problems of legal regulation in connection with the pandemic are defined and the ways of their solution are determined. The subject of analysis is the materials of foreign legal press, first of all, posts and articles on the Internet. In addition to the data of international law, scientific categories of philosophy, economics and political science are used.RESEARCH RESULTS. Major UN bodies have reacted to the pandemic with general statements. WHO positioned itself as an international center for the fight against the virus and made recommendations that, however, were not implemented by states which adopted more restrictive measures. The main document that guided WHO is the International Health Regulations 2005 (IHR). Some states and the media accused China of a belated reaction and withholding information. As a result, the doctrine has discussed the issue of bringing a claim against China to the International Court of Justice. The legal basis for this claim could be the provisions of the IHR, the WHO Constitution and a number of duediligence obligations. The jurisdictional basis for applying to the ICJ could be Art. 75 of the WHO Constitution, and to an arbitration Art. 56 IHR. In response to the pandemic, many states have limited human rights; references have been made to the possibility of a temporary derogation from human rights obligations in an emergency and the possibility of limiting human rights in the interests of national security, health and the protection of the rights of others.DISCUSSION AND CONCLUSIONS. The foreign doctrine notes an nsufficient response frominternational organizations and makes proposals aimed at expanding the powers of the UN Security Council in combating the pandemic and at reforming the WHO. In addition, there are shortcomings of the IHR that hinder their effective use. The possibility of holding China accountable is questioned: there is nsufficient evidence of the violation; the threshold for breach of duediligence obligations is very high; China is unlikely to agree to participate in the lawsuit against it. Nevertheless, several lessons can be learned for the law of responsibility (the possibility of deviating from the principle of full compensation, etc.).The procedure for derogating from human rights obligations during a pandemic also needs clarification. In general, the international legal doctrine coped with the task of understanding of the pandemic phenomenon: it systematized and qualified the facts, discovered and formulated legal problems, both private and public, and suggested means to solve them. Few questioned the advisability of such a harsh global reaction and formulated a radical criticism; instead, the shortcomings of individual measures were noted and proposals were made to improve their effectiveness.
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Galdia, Marcus. "Conceptual Origins of Legal Linguistics." Comparative Legilinguistics 47, no. 1 (September 1, 2021): 17–56. http://dx.doi.org/10.2478/cl-2021-0011.
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Abstract This essay is a survey of methods applied and topics scrutinized in legal-linguistic studies. It starts with the elucidation of the epistemic interest that led to the emergence and to the subsequent expansion of the mainstream legal-linguistic knowledge that we dispose of today. Thus, the essay focuses upon the development of problem awareness in the emerging legal-linguistic studies as well as upon the results of research that might be perceived as the state of the art in the mainstream legal linguistics. Meanwhile, some methodologically innovative tilts and twists that enrich and inspire contemporary legal linguistics are considered as well. Essentially, this essay traces the conceptual landscape in which the paradigms of legal-linguistic studies came about. This conceptual landscape extends from the research into the isolated words of law and the style used by jurists to the scrutiny of legal texts and legal discourses in all their socio-linguistic complexity. Within this broad frame of reference, many achievements in legal-linguistic studies are mentioned in order to sketch the consequences of processes in which legal-linguistic paradigms take shape. The author concludes upon a vision of legal linguistics called pragmatic legal linguistics as the newest stage in the intellectual enterprise that aims to pierce the language of the law and by so doing to understand law better.
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DORON, ISRAEL, and PERLA WERNER. "Facts on Law and Ageing Quiz: older people's knowledge of their legal rights." Ageing and Society 28, no. 8 (November 2008): 1159–74. http://dx.doi.org/10.1017/s0144686x0800754x.
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ABSTRACTUntil now, no attempt has been made to develop a research tool to provide a broad descriptive picture of the actual knowledge that older people have of their legal rights. This article will describe a first attempt, conducted in Israel, to create such a tool, known as the Facts on Law and Ageing Quiz (FoLAQ). This quiz was developed to provide a short and standardised tool for assessing older people's knowledge of their legal rights in Israel. It is also intended to serve as a research platform for similar studies in other countries worldwide. The research was designed using a quantitative approach. The research population consisted of adult Jews, aged 50 or more years, living in the community in Israel. Using a computer-assisted telephone interview (CATI), a randomly chosen sample of 227 persons aged 50 and over was asked 20 multiple-choice questions on central legal issues, and 13 closed questions on their socio-demographic background. The findings revealed that, in general, the majority of older persons in Israel know little about their legal rights. Specifically, the most vulnerable groups in this context were the less educated, the poor, the older-old, and women. Finally, the findings also showed that knowledge gaps were particularly obvious with regard to (1) national legal schemes covering social security in old age, and (2) the rights of older people regarding Israel's national health insurance scheme.
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Song, Oh-Sik. "Searching for and suggesting the direction of law school education." Institute for Legal Studies Chonnam National University 42, no. 4 (November 30, 2022): 1–40. http://dx.doi.org/10.38133/cnulawreview.2022.42.4.1.
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Though it has been for fourteen years since law school started as a part of judicial reform, it has raised many concerns about the content and direction of education. Due to the excessive difficulty of passing the bar exam without becoming the qualification test of the bar exam, the specialization, internationalization, professionalization planned for originally have been retreated and its education is being provided with curriculum and educational contents centered on the bar exam. However, as a university affiliated institution, the law school has the responsibility to not only predict the future legal market and train lawyers, but also develop the jurisprudence. The legal market in the digital global era will demand the critical thinking and creative problem-solving skills rather than simple and repetitive tasks because of the development of legal technology such as AI and the easy access to the law information. One of the achievements since the establishment of the law school is the advance of the diversity of the legal profession. It is noteworthy that the number of corporate lawyers continues to grow, they have been expanding their scope. In complex legal disputes, deficiencies and gaps in the statutory law have been supplemented by precedents, which are ‘living laws’, for rational and valid dispute resolution in specific cases that cannot be resolved with mere legal text alone. This development of case theory raises the necessity of the case method in law education as well. It is not valid to point out that the socratic method is not appropriate in the educational one because it is a written law of Korean legal system, so it is suggested that the purpose of this method is thinking like a lawyer, that is, improving problemsolving ability through critical thinking. Law school should prepare improvement plans for improvement plans for practical curriculum, educational content, and educational methods responding to legal needs actively. Law schools demand for the lecture encompassing legal principles and legal theory as legal knowledge as well as even the arguments of precedents. Now that it is the law school's responsibility to prevent the retreat of the rule of law in Korean society and meet the demands of the legal service market, law schools should make an effort to establish it as an advanced system for nurturing lawyers through the reform of law school education.
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Rosadi, Otong, and Awaludin Marwan. "Transformation of Legal Education in Indonesia Based on Social Justice." Journal of Politics and Law 13, no. 1 (February 29, 2020): 143. http://dx.doi.org/10.5539/jpl.v13n1p143.
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The transformation of legal education in Indonesia has become the study and anxiety of many legal experts in Indonesia. Legal education is seen as only producing law graduates who are no more legal craftsmen. Legal education ignores the ideologization of social justice values. Therefore, the transformation of higher legal education in Indonesia absolutely must be done by first carrying out an inventory of the main problems in the legal education system in Indonesia. This article attempts to perform an analysis of the description of the main problems in the legal education system and the steps that should be taken to hasten the transformation of higher legal education in Indonesia. Changes in the Legal Studies Curriculum and the transformation of the learning process that is more oriented towards humanizing lecturers and students have become an urgent need. One of the short-term offers is to make Legal Clinical Education as a compulsory subject in the Legal Studies Program. Whereas the other offer is transformation the Legal Studies Curriculum, Legal Learning Methods and Processes that are oriented in mastering the legal knowledge, legal skills, and law students' alignments on issues of law and justice.