Journal articles on the topic 'Law and society and socio-legal research'
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1
Arthurs, H. W. "Every Whichway: New Directions for Canadian Socio-Legal Research." Canadian journal of law and society 1 (1986): 1–4. http://dx.doi.org/10.1017/s0829320100000971.
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Barely three years ago, as chairman of the SSHRC's Consultative Group on Research and Education in Law, I released a report entitled Law and Learning. This report — in its diagnosis hardly more than a systematic compilation and empirical verification of “what we knew but could not tell” — contained a series of recommendations for the invigoration of Canadian legal scholarship. Several of these recommendations related to the need to diversify the types of legal research being conducted, to strengthen the research community by the development of networks and centres of activity, and to communicate the results of new research endeavours to relevant professional audiences, as well as to the public. For me, therefore, the establishment of the Canadian Law and Society Association and the publication of the Canadian Journal of Law and Society are events of special significance. I am pleased — indeed flattered — to be involved in these new and important enterprises, albeit in a largely symbolic way. My pleasure is only enhanced by being afforded both a platform for pontification (the Editor has absolved me from the obligation to provide footnotes), and a collective script to which I can add what amounts to a postscript to our report.
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Turlayev, V. A., and Karipbayev B.I. "Legal reality: due and existing in law (socio-philosophical analysis)." Bulletin of the Karaganda university History.Philosophy series 106, no. 2 (June 30, 2022): 301–8. http://dx.doi.org/10.31489/2022hph2/301-308.
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The article demonstrates the reflection problems in the law of due and existing as legal reality components. The justice concept as a legal category is revealed in the moral assessment context in law and legal regulation in the present and the future. The research purpose is to generalize scientific knowledge and theories that reveal the due and existing law as legal reality factors. By using general and special research methods, the analysis and generalization of scientific material are carried out, consideration of various approaches to understanding justice in law and identifying the role of justice in understanding what exists and should be in law. The article illustrates and considers different points of view and scientific positions of scientists-philosophers and theoreticians-jurists in the research field of the correlation problems of “due” and “existing” in the modern society law in the formation context of legal reality. The research result is the consideration of the due and existing in law as phenomena that determine legal reality as legal reality in combination with political reality and social justice, which acts as the main criterion that determines the essence and social law purpose. Justice is considered the main condition for the existence of modern society and the state. The problems of defining the basic legal justice principles as social justice part, designed to ensure the recognition of law and legal regulation as the main values of the modern legal society, are highlighted. Through legal justice, an understanding of the “proper” and “existing” in law is formed, which constitutes legal reality as a philosophical and legal phenomenon.
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Syarhan, Mohamad. "SOCIO-CULTURAL AND LEGAL CHANGES IN INDONESIA." Jurnal Hukum Progresif 9, no. 2 (October 30, 2021): 135–45. http://dx.doi.org/10.14710/jhp.9.2.135-145.
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In terms of its form, the law can be in the form of written law and can also be unwritten law. The purpose of this study is to analyze the influence of socio-cultural aspects on legal changes in Indonesia. The research method used is normative legal research. The results of the study show that talking about legal culture is the same as talking about public legal awareness. These two things are an inseparable unit, because they are closely related to the implementation of law in society. Thus, legal culture and legal awareness are two things that can be developed properly in an integrated manner so that the legal reforms implemented can be accepted by the community as behavioral guidelines that must be followed.
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Herklotz, Tanja. "Law and Society Studies in Context: Suggestions for a Cross-Country Comparison of Socio-Legal Research and Teaching." German Law Journal 21, no. 7 (October 2020): 1332–44. http://dx.doi.org/10.1017/glj.2020.76.
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AbstractCultures of legal and socio-legal scholarship, like legal cultures themselves, are shaped by their respective historical, cultural, economic, and socio-political context. Socio-legal—or law and society—studies are thus pursued and taught differently in different parts of the world. This Article suggests making socio-legal studies the object of comparative research, so as to understand and explain commonalities, differences, and context dependencies in socio-legal scholarship and teaching in different countries. Such comparative endeavors help to translate between different academic languages and to critically reflect upon one’s own research methods and system of legal education. They prove useful for scholars planning research in other parts of the world or engaging in cross-country collaborative research projects, and for research institutions and policymakers involved in reforming research funding and legal education. But how do we go about comparing socio-legal studies? More specifically, why, what, and how do we compare, and what are the challenges that we may face when pursuing such comparative endeavors? This Article gives an overview of potential research questions that a comparison between socio-legal studies may address, the sources that comparativists may draw on, the methods such a comparative endeavor may use to collect and analyze data, and the challenges researchers may face when attempting to compare socio-legal studies in different parts of the world.
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Gurnham, David. "Introduction: marginalisation in law, policy and society." International Journal of Law in Context 18, no. 1 (March 2022): 1–9. http://dx.doi.org/10.1017/s1744552322000027.
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AbstractIntroducing our Special Issue on marginalisation, this paper considers some of the challenges that this topic poses for legal scholars. The paper identifies that these challenges arise principally from the ambivalence of ‘marginalisation’ itself: at once an idea so broad that it arguably underpins the bulk of legal research (and socio-legal research in particular), but at the same time an idea that in practice too often quickly gives way to various other neighbouring ones: disadvantage, discrimination, disempowerment, exclusion, inequality, silencing, stigmatisation, victimisation and so on. This paper considers this ambivalence and traces etymological roots (and routes) by which we understand the margin, the marginalised and marginalisation.
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PIETRZYKOWSKI, TOMASZ. "ANIMAL LAW: ETHICS, SOCIETY AND CONSTITUTIONS." Society Register 3, no. 3 (January 2, 2020): 151–58. http://dx.doi.org/10.14746/sr.2019.3.3.09.
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The paper discusses and criticizes views on various aspects of the situations of animals within human societies offered by authors presenting at the seminar held at the Research Centre for Public Policy and Regulatory Governance. They include legal, ethical as well as socio-psychological problems about animal welfare and the attempts to improve the conditions in which animals are treated. The author hints at the theoretical background as well as implications of some of the ideas that are advocated in the ongoing legal and ethical debates over animal welfare. The discussion aims to shed some light on how the cross-disciplinary studies and exchanges that include biologists, psychologists, sociologists as well as legal researchers may contribute to numerous controversies in the contemporary animal law scholarship.
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Rato, Dominikus. "Realisme Hukum: Peradilan Adat dalam Perspektif Keadilan Sosial." Jurnal Kajian Pembaruan Hukum 1, no. 2 (July 31, 2021): 285. http://dx.doi.org/10.19184/jkph.v1i2.24998.
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Aspects of positivism with its normative approach are often taught in various law schools as a single perspective. The study of law can be based on legal realism. Nevertheless, there is still a debate about legal realism's working pattern and contribution to juridical science. This study that introduced legal realism worked with socio-legal method based on the literature review. It aimed to elaborate on the concept of legal-realism as an epistemology of the socio-legal school, which leads to the conception of customary law and legal anthropology. With a naturalistic approach and supported by theories of customary law and legal anthropology. This study showed that legal realism as a school in philosophy and juridical studies based on empirical studies need to be developed. It referred to legal realism conceptualized in Scandinavia and America that was suitable to Indonesia's legal context, especially customary law as the law that lives in society. Therefore, the law that lives in society is strengthened through verdict and law enforcement officers as symbols of the state. It suggested that legal realism is also taught in law schools at universities, so that legal academics have diverse points of view, both in the legal discipline and as a research method.
KEYWORDS: Customary Law, Socio-Legal, Social Justice, Legal Realism.
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Olga V., Smirnova, and Kononov Alexey A. "The Distinction Between Law qnd Morality in Legal Positivism: Socio-Philosophical Dimension." Humanitarian Vector 16, no. 5 (November 2021): 59–68. http://dx.doi.org/10.21209/1996-7853-2021-16-5-59-68.
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The article deals with the main conceptions of the relationship between law and morality in legal positivism. The research relevance is caused by legal positivism which is influential and dynamically developing in both domestic and foreign science. The purpose of the study is to consider the features that describe the positivist approach to the differentiation between legal and moral regulation in the context of the dialectical interaction of individual and social principles in society. It presupposes the establishment of both general and special in legal positivism’s views regarding the interaction of these social regulators. Special attention is paid to the consideration of not only positive aspects of the proposed concepts but also the difficulty that arise within legal positivism. The research methodology is based on the dialectical method, the method of analysis, comparative and historical methods. These methods allow us to analyze in a historical perspective the development of views on the relationship between law and morality in legal positivism, to analyze specific features in the visions of the most influential philosophers of this doctrine, to identify common ideas that unite the philosophers considered. As a result of the conducted research, it is argued that legal positivism is characterized by the correlation of law and morality as sovereign socio-normative systems that closely interact in the structure of society, but do not have the necessary connection that mutually determines their content. The sovereign nature of legal and moral regulation implies the search for models of their interaction. It is important to determine the demarcation line of the spheres and limits of each social regulator. As a result, it is concluded that there are three possible models of this interaction, and the consequences of their implementation in society. In particular, it is determined that law and morality within the structure of society can be either indifferent to each other or have identical content realized through both regulation forms or be in relation to a contradiction adducing to a social conflict.
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Turlayev, V. A., and B. I. Karipbayev. "Legal culture as a factor of legal reality (socio-philosophical analysis)." Bulletin of the Karaganda university History.Philosophy series 105, no. 1 (March 30, 2022): 181–88. http://dx.doi.org/10.31489/2022hph1/181-188.
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The article examines the defining legal culture problem as one of the main legal reality factors, considered in philosophy and in the law theory. The purpose of the investigation is to generalize scientific knowledge and theories that reveal the relationship between legal culture and legal reality. By applying general and special research methods, analysis and scientific material generalization, consideration of various approaches to legal culture and legal reality to identify these categories relationship of their constituent elements are carried out. The authors analyze and compare the perspectives and scientific positions of philosophers and legal theorists in the researching field of the legal culture development in modern society in the legal reality formation. The categories “legal reality”, “legal validity”, “legal culture” as phenomena of social reality interacting with each other and constituting the broadest philosophical and legal category “legal reality” are considered. The result of the research is the legal culture consideration as a factor that determines legal reality, which includes the entire spectrum of legal phenomena encountered in legal life. The legal culture research and legal reality are considered as the basic modern humanitarian science necessity, which aims to ensure the most complete development of the human personality in harmony with public interests and needs, the most important are mediated through law. We highlight the main problems of the legal culture and legal reality definition, which are due to a wide range of considered categories, a large number of constituent elements, different understanding of a law and legal life. Legal culture defines legal reality as the real existence of legal matter as one of the types of social reality.
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Popov, E. A. "Problems and Prospects of Research of Legal Life of a Person and Society." Russian Journal of Legal Studies 5, no. 1 (March 15, 2018): 96–101. http://dx.doi.org/10.17816/rjls18354.
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The article considers the phenomenon of legal life of man and society. Special attention is paid to the peculiarities of the investigation of this phenomenon in the jurisprudence and social Sciences. The role of legal life in the development of public relations and the overall legal system of the state. Axiological approach to the study of the legal life of man and society combines the efforts of law and social Sciences in the study of this phenomenon. This legal life is seen in a number of other independent phenomena and phenomena and legal reality, the legal mentality and law. These phenomena in scientific discourse as the phenomena relate to: 1) complement each other in meaning;2) showing the dynamics of the formation and consolidation of the society of legal values, based on the preservation of traditional values and norms; 3) constituents of the essential elements of any legal system in any historical time;4) inf luencing the formation of those or other legal norms and rules; 5) defining the nature of the relationship with different entities in law. Identify features of the legal life of man and society has an undeniable value for modern Sciences and knowledge. It is the legal life extends to all human individual and collective existence, affects the traditional values and norms. The article made the following conclusions: 1) the legal life connected with the daily life of a person; 2) legal life based on ancestral values, as well as cultural universals that are present in every national culture; 3) it becomes one of the factors of socio-cultural development of societies and States; 4) has an impact on the legal reality, since it ref lects the legal expectations of individuals; 5) appeals not only to the system of law and legal norms, but also to ethics, morals, principles of social justice and freedom.
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Kriswanto, Kriswanto. "The Urgency of Socio-Legal Studies on the Political Configuration of the Job Creation Act’s Formation." Al-Adalah: Jurnal Hukum dan Politik Islam 7, no. 2 (July 1, 2022): 107–23. http://dx.doi.org/10.35673/ajmpi.v7i2.2595.
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The The formation of laws and regulations in Indonesia must be understood comprehensively as a legal process as well as a political process. The legal process must be based on Law no. 12 of 2011 while the political process is obliged to look at the aspect of community deliberation to minimize the potential for conflict in the community. This study aims to analyze the CK Law and to suggest the urgency of socio-legal research in the formation of laws and regulations in Indonesia. This research is a socio-legal legal research that tries to look at the law internally and externally with the help of non-legal science, namely social science. This study uses primary legal materials in the form of UUCK and secondary legal materials in the form of journals, books, and related websites. Primary legal materials were analyzed using theories and concepts in secondary legal materials. This research uses a conceptual approach and a statutory approach The results of the study confirm that Ralf Dahrendorf's Conflict Theory in the Establishment of the CK Law emphasizes that the drafting and ratification of the CK Act is not optimal in involving quasi-groups or groups with high and low bargaining positions. In addition, the urgency of socio-legal analysis in the formation of laws and regulations in Indonesia is needed because when based on a socio-legal analysis a law does not have sociological validity, the law has the potential to cause conflict in society and even has the potential to be canceled by the Court. Constitution through formal review.
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I. W., Widyarini, and Irma Zaimatuddunia. "Logika Hukum dalam Bidang Kedokteran." COMSERVA Indonesian Jurnal of Community Services and Development 2, no. 11 (March 27, 2023): 2754–59. http://dx.doi.org/10.59141/comserva.v2i11.664.
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Logic is an important aspect of law and must take precedence in legal reasoning. Legal reasoning should be used to analyze and understand legal issues. Medical law is the branch of law that governs the relationship between doctors and patients. The methodology used in this study is socio-legal research that analyzes legal norms and facts that exist in society. The function of law is to protect, maintain order and tranquility, and provide justice and legal certainty. Legal protection of health services is important in maintaining public order and order.
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Chua, Lynette J. "Charting Socio-Legal Scholarship on Southeast Asia: Key Themes and Future Directions." Asian Journal of Comparative Law 9 (January 1, 2014): 5–27. http://dx.doi.org/10.1017/s2194607800000910.
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AbstractThis article discusses the state of socio-legal scholarship on Southeast Asia and situates the special journal issue in relation to its key patterns, emerging trends, and future directions. Southeast Asian literature in leading socio-legal journals exhibits an imbalanced geographical coverage and tends to cluster around research on state law’s intersection with Islamic and/or customary norms, women’s equality and legal status, and land and the natural environment. These prevailing patterns lead to uneven attention paid to Southeast Asia. However, growing bodies of work along the major themes of legal pluralism, law and development, and dispute processing show the potential of Southeast Asian research to advance important debates and sub-fields in the scholarship at large. Proposals from a December 2012 workshop initiative further identified research directions that could enrich this field of study as well as understandings of law-society relations in Southeast Asia.
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Fry, Eileen. "Practical Legal Research and the Legal Practice Course." Legal Information Management 5, no. 4 (December 2005): 235–37. http://dx.doi.org/10.1017/s1472669605000976.
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This article by Eileen Fry, Law Society Chief Examiner for Skills and Pervasives, gives an overview of the Practical Legal Research element of the Legal Practice Course, including looking at why the Law Society regard it as important, the course objectives, how it is taught and assessed, and proposals for the future. It should be read in conjunction with the article by Martin Hannibal and Alison Pope which also appears in this issue.
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Trubek, David M., and John Esser. "“Critical Empricism” and American Critical Legal Studies: Paradox, Program, or Pandora's Box?" German Law Journal 12, no. 1 (January 1, 2011): 115–58. http://dx.doi.org/10.1017/s2071832200016771.
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What should we make of Susan Silbey's call for socio-legal scholarship that is both critical and empirical? Do we think the law and society movement can and should develop a critique of the legal order? Can empirical research contribute to such a critique? Does the idea of a “critical sociology of law” make any sense at all?
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Susanto, Anthon F., Hesti Septianita, and Rosa Tedjabuwana. "Social justice in the Curriculum of Legal Education: Quo Vadis?" Journal of Law and Sustainable Development 11, no. 12 (December 7, 2023): e2140. http://dx.doi.org/10.55908/sdgs.v11i12.2140.
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Objective: The purpose of this study is to This writing brings up the study on what is necessary to be included in the conventional curriculum of legal education to be able to produce law graduates who can be agents of change in the social construction of social and justice that is impaired. Method: The research methods used are conceptual approach, socio-legal approach, and hermeneutic to portray and analyze, and also to dissect the problems in curriculum of legal education and social justice education in particular as an attempt to answer the problems of law in the society. Results: Legal education is one of the vehicles to achieve the socially just society through the infusion of values and social justice study in the learning curriculum of law in law schools so that the institutions of legal education can create reliable profiles of graduates in practicing law in a sense that these graduates hold legal and social capacity to construct a socially just society.
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Barzilai, Gad. "Analysis of Israelis [Jews and Arab–Palestinians]: exploring law in society and society in law." International Journal of Law in Context 11, no. 3 (August 6, 2015): 361–78. http://dx.doi.org/10.1017/s1744552315000191.
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AbstractAttributing a great deal of attention to global and local knowledge, this paper is focused on law and society scholarship that has been published by Israelis, both Jewish and Arab-Palestinians. It attempts to unveil and to map some of the major issues that have characterised the scholarly debates and intellectual discourse, primarily critical questions on law and political power, the nation-state, legal rights discourse and equality. More specifically, the paper analyses socio-legal research on various local issues, such as multiculturalism and national rifts on the backdrop of the 1967 military occupation alongside the emergence of a neoliberal capitalist economy. The protracted Arab-Palestinian–Israeli conflict and the fragmentation of the political partisan map in Israel have incited more emphasis on the place of the Israeli Supreme Court, primarily sitting as a High Court of Justice, in public life as an important regulatory institution. This focus on the judicial power of the Court has resulted in an even more frantic controversy on whether the Court has become too engaged in political affairs. In all the law and society debates, local concepts and global knowledge have been intertwined. Hence, the paper enables scholars around the world to closely examine law and society scholarship on the convergence of local and global knowledge.
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Rahman, Irham, and Rizki Yudha Bramantyo. "Legal protection against the existence of "Wetu Telu" traditional society against law number 11/2020 concerning work creation (omnibus law)." International research journal of management, IT and social sciences 8, no. 1 (December 12, 2020): 19–24. http://dx.doi.org/10.21744/irjmis.v8n1.1067.
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The Wetu Telu indigenous people in Bayan, North Lombok have the traditions of their ancestors that have Islamic nuances and their existence is recognized until now. The existence of indigenous peoples has been recognized and respected by the 1945 Constitution. However, the existence of new laws and regulations on indigenous peoples has again encountered problems that threaten their existence. The Omnibus Law which was recently passed is considered to provide a legal loophole that could displace the existence of indigenous peoples. The purpose of this research is to find out the legal problems of the threat to the existence of the Wetu Telu indigenous people and to know the concept of the Work Creation Act (Omnibus Law) in Bayan Village, North Lombok Regency, West Nusa Tenggara. This research uses juridical empirical or socio-legal research, which is a type of sociological legal research or field research that examines applicable legal provisions. The results of this study show that the normative issue of the Omnibus Law can lead to norm conflicts with other laws regarding the recognition of indigenous peoples in Indonesia.
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Sebyar, Muhamad Hasan. "Harmonization of Islamic Legal Institutions and Customary Law in Marriage Dispensation Cases at The Panyabungan Religious Court." MILRev : Metro Islamic Law Review 2, no. 2 (November 12, 2023): 155. http://dx.doi.org/10.32332/milrev.v2i2.7809.
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Harmonization between customary law and Islamic law (fiqh) has long occurred in our homeland. This study aims to illustrate the harmonization between Islamic legal institutions and customary institutions. This research is an empirical legal research, empirical legal research is research whose object of research is the practice of legal events or occurrences. The approach used in this study is a socio-legal approach, that used to analyze the social interactions between the Panyabungan Religious Court and customary institutions in implementing age dispensation. The results of this study show that this harmonization had run well between Islamic legal institutions and customary institutions. There is harmonization of existing norms or rules that apply in society. In substance making Islam more widespread in society and the state, from the understanding of classical jurisprudence to other legal products namely qadla, Islamic Law in substance continued to develop and acquire all regulations towards the rule of Islamic law as a whole. The similarity of certain functions within the customary law system, the Islamic legal system, and the national legal system according to the scope of their duties determines the extent to which harmonization occurs. The method of harmonization between Islamic law and customary law can be achieved in three ways, namely first; Harmonization of understanding, Second; Harmonization is carried out actively,Third; Passive harmonization.
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Hammerslev, Ole, and Mikael Rask Madsen. "The return of sociology in Danish socio-legal studies: a survey of recent trends." International Journal of Law in Context 10, no. 3 (September 2014): 397–415. http://dx.doi.org/10.1017/s1744552314000172.
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AbstractThis paper surveys recent trends in the development of the sociology of law in Denmark. The overall argument of the paper is that, currently, the sociology of law in Denmark is marked by a striking sociological and more specifically institutional and empirical turn. This new direction in scholarship suggests not only a renewed research focus on the institutional dimensions of law but it also – and very differently from work from the 1980s and 1990s – suggests a re-orientation towards sociology more generally. A clear consequence of this return to the sociological core of the sociology of law has been an empirical orientation towards how law is practised, how legal institutions work and, as part of that, how the legal profession takes part in both legal change and transformations of state and society. This new research relies not only on general sociological theory and method but also on the more specific elite sociology, sociology of professions and sociology of knowledge.
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Borshevsky, I., and О. Hryn. "Research of legal incentives within modern legal science." Uzhhorod National University Herald. Series: Law 1, no. 78 (August 28, 2023): 9–13. http://dx.doi.org/10.24144/2307-3322.2023.78.1.1.
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In modern general theoretical jurisprudence, the question of the influence of legal understanding on the formation of the legal culture of an individual and society as a whole remains a debatable issue, based on the fact that ideas about law in its internal and external expression are the basis of an individual’s behavior.The article presents the interpretation of legal incentives from the standpoint of a functional approach, in addition, it is noted that the roots of legal incentives are in the distant past, and its objective necessity is due to a person’s constant desire to receive an appropriate reward. Norms of law, which establish permissions, prohibitions and incentives, cannot have the same structure, since they aim to achieve directly opposite goals.Its stimulation plays the most important role in the formation and activation of useful legal behavior. At the same time, the category of legal incentive as a means of such influence should be distinguished from stimulation as a process of influence on the motivation of the behavior of legal subjects. In the most general form, legal incentives are a type of legal means and provide appropriate incentives in certain branches of law, which conditions the study of legal incentives at the sectoral level among scholars, for example, in labor law, family law, and others.It has been established that the problem of legal stimulation of legal activity is one of the most relevant and significant at the current stage of society’s development. It becomes obvious that with the transition to a different worldview, other forms of influence of the subjects of society, it is necessary to change the paradigm of legal thinking from legal interpretation as a coercive force to an understanding of law as a tool for satisfying the interests of members of society. Undoubtedly, quite a lot has been done on this matter in legal science, however, at the level of legal theory, it is necessary to solve the problem of changing the conceptual mechanism of legal support of lawful activity.In general, legal incentives are a type of legal means that ensure the implementation of law, the connection between the goals of legal regulation and its socially beneficial results.
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Gunnarsson, Åsa, and Eva-Maria Svensson. "Gender equality in the Artic and North; socio-legal and geopolitical challenges." Nordic Journal on Law and Society 1, no. 01-02 (September 26, 2017): 6–15. http://dx.doi.org/10.36368/njolas.v1i01-02.23.
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This first issue of the Nordic Journal on Law and Society (NJOLAS) is dedicated to the theme of gender in the Artic. The articles are the result of research carried out by members of a transnational, socio-legal and interdisciplinary network on gender studies on women’s every-day life in Arctic and Northern Regions.
Together, the articles form a socio-legal contribution to fill an identified knowledge gap about gender equality in the Arctic and in the geopolitics of Arctic.
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Radendra Suastama, Ida Bagus. "URGENSI HUKUM BISNIS INDONESIA YANG BERBASIS NILAI-NILAI SOSIAL BUDAYA." Forum Manajemen 19, no. 1 (January 17, 2021): 70–78. http://dx.doi.org/10.61938/fm.v19i1.419.
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This paper objective is to examine the ideas related to the importance of designing and enforcing legal principles and rules that based on the values that live and applied in society, especially in the field of business law. Business Law includes, among others, company law, commercial law, investment law, civil law, intellectual property law, capital market law, banking law, consumer protection law, anti-monopoly law, and others. Some of the contents of the current provisions of business law in Indonesia are based on values that are not native to Indonesia. With the recent trend of free trade which tends to be based on capitalistic and neo-liberalistic thinking, the tendency to adopt uniform values from global relations also seems to be increasing. This paper aims to find out the importance of local / regional socio-cultural values originating from Indonesia as a source of content and regulation of business law in Indonesia.
The approach method in this research is a normative legal research method with a qualitative research approach. This research comes to the conclusion that based on literature research on legal ideas, it is necessary to have an inventory of the values of original Indonesian legal principles related to the design and application of legal principles and principles that take into account the living and applied values in society, and that the original local / regional sociocultural values of Indonesia should be optimized as the source of the content and regulation of business law in Indonesia.
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Sukerti, Ni Nyoman, and I. G. A. A. Ari Krisnawati. "Implementation of Divorce in Bali Society Related to National Marriage Law." Udayana Journal of Social Sciences and Humanities (UJoSSH) 2, no. 2 (August 1, 2018): 81. http://dx.doi.org/10.24843/ujossh.2018.v02.i02.p03.
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This study aims to explore and analyze the implementation of divorce in the Village Pakraman Kubu, Kubu Village, Bangli. This research is socio-legal research, which relies on field data as primary data. Data were extracted by interview, then processed and analyzed qualitatively. The results show that in the last ten years there have been six divorced couples and none of this has been done before the court. Divorce is done customarily for various reasons, because it is very simple, does not understand the Marriage Law, through the court hearing takes a long time and cost more. This is due to the attitude, behavior or legal culture of the people who prefer to deviate from the national marriage law and the lack of socialization from related parties. Thus the Marriage Law has not been influential in the implementation of the divorce. The conclusion is that the divorce remains customary so the marriage law has not reflected any influence on the implementation of the divorce.
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Hakim, Muhammad Helmy. "LEGAL PROTECTION VERSUS LEGAL CONSCIOUSNESS (The changing Perspective in Law and Society Research)." Al-Banjari : Jurnal Ilmiah Ilmu-Ilmu Keislaman 15, no. 1 (May 15, 2016): 57. http://dx.doi.org/10.18592/al-banjari.v15i1.816.
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Considering the important role of historical, cultural, social, and attitudinal aspects in the study of law, there has been a shift from instrumental law to constitutive law. While instrumental law considers law beyond the social and cultural spheres, constitutive law integrally embraces law, politics, ideology, and action. Legal consciousness is an important asset for marginalised people who are at high risk of discriminative treatments in occupational and social life. Not only will they are legally aware of their rights and obligations at works, they will have adequate knowledge of where and how to name, blame, and claim in case mistreatment do occur. Legally proficient will allow them build legal protection which is not adequately provided by the authorized bodies.
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Tsyganovkin, Vladimir A. "THE ROLE OF THE COMPLEMENTARITY PRINCIPLE IN THE THEORY OF LAW." RSUH/RGGU Bulletin. Series Economics. Management. Law, no. 3 (2023): 124–36. http://dx.doi.org/10.28995/2073-6304-2023-3-124-136.
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The article analyzes the features of the application of the general scientific principle of complementarity in social and humanitarian studies from the point of view of the possibility of a more comprehensive description and explanation of law in the framework of its general theory. The purpose is to substantiate the use of that methodological principle in the field of legal research for resolving such epistemological issues of the theory of law and legal science in general as: unlimited relativism of legal understanding; disciplinary isolation and self-sufficiency of legal theory; legitimization of the pluralistic vision of law in legal science, that is, overcoming fundamentalism and onesidedness of legal theories focused only on one aspect of the manifestations of law in the life of society. The necessity of constructing a theory of law taking into account the above methodological basis is demonstrated, which, in particular, would contribute, firstly, to the development of an integrative understanding of law, allowing for a more operational application of that general theoretical concept in specific empirical studies, secondly, closer integration of jurisprudence with other socio-humanitarian sciences, and thirdly, the formation of a more multidimensional socio-cultural image of law in scientific and educational discourses.
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Baranova, Marina, Sergey Belyasov, Arturas Valentonis, Nadezhda Biyushkina, and Olga Kuptsova. "Genesis and transformation of sources (forms) of law: dominants and legal and cultural foundations." LAPLAGE EM REVISTA 7, no. 3A (August 31, 2021): 78–84. http://dx.doi.org/10.24115/s2446-6220202173a1368p.78-84.
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The work aims to study the genesis and transformation of the sources (forms) of law in the aspect of identifying the main dominants of their development and socio-cultural foundations. The main research methods – dialectical, historical-political, formal-legal, comparative-legal. As a result of the conducted research, the following conclusions can be formulated. The sources (forms) of law are determined by the forms of the culture in which law exists, therefore, they reflect the features of the modified concept of the legal culture of society, which is based on the revival of several traditions, the active introduction of axiological innovations in the emerging post-industrial society in the context of the digitalization of public relations. The legal and cultural foundations of the sources (forms) of law determine the processes of their harmonization, the constant change of priorities in this area, and the search for a balance between traditional and modern forms of law. These processes are carried out based on several dominates, which should include two aspects: tradition and modernization.
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Vilks, Andrejs, and Aldona Kipāne. "Sustainable Development of Society in the Context of the Transformation of the Legal Framework." European Journal of Sustainable Development 9, no. 4 (October 1, 2020): 181. http://dx.doi.org/10.14207/ejsd.2020.v9n4p181.
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The socio-economic processes in the world and in Europe are highly dynamic and are aimed at a sustainable development of society. The sustainable and balanced development of society determines the need for the development of coherent and objectively justified elements of the legal system, including the creation of a new legal framework, the permanent reform of law enforcement authorities, and the use of national and international legal practices in socio-economic activities. At present the sustainable development of society is affected by a new socially unfavourable phenomenon COVID-19 that has a global impact on all regions of the world and almost all spheres of life. International organizations and national institutions must be responsible, courageous and determined in tackling the challenges of the crisis and in building a new generation. The global crisis can be a unique opportunity not only to successfully overcome its consequences, but also to ensure a transition to a fair, climate-neutral and digital sustainable Europe. In this context innovative thinking, successful use of modern technologies, transition to new models of social, economic, political and legal governance are needed. In general, this will contribute to the development of the sustainable society based on a full legal framework. Research aim: to identify the current state of the sustainable development of society, including the impact of COVID-19, by modelling the potential development of it, in accordance with the perspective of transnational socio-economic development. Research methods: study of legal literature and literary sources, the Internet resources, method of modelling, as well as descriptive and analytical methods.
Keywords: COVID-19, sustainable development, crisis, society, the legal framework
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Grbić, Ana, and Mirjana Tankosić. "Socio-legal aspects and ethics of parenthood in the Republic of Serbia." Megatrend revija 19, no. 1 (2022): 67–84. http://dx.doi.org/10.5937/megrev2201067g.
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Faced with the fact that natural increase in the Republic of Serbia is in continuous decline, fulfillment in the role of parents is undoubtedly of great importance, both for individuals who takes one of the most responsible roles during life, and for specific society and future generations. Parental law as a system of duties arising from it, form a wide range of social and legal determinants of the future of parents and are correlated with the rights of the child. In this paper, using the method of survey research of a sample of parents, we have presented the most important social conditions whose satisfaction is the norm for the child birth and child upbringing. As the natural increase has significant deviations according to the regions, individual activities at the level of the most endangered local self-government units are the only way for the society to invest in the development of offspring and timely preservation of parental rights, primarily caring for the child's personality. Child birth and parenthood are not only a private matter of an individual, but it is in the interest of society to conduct population policy in accordance with the needs of a particular society. In this way, the chain of human social reproduction is maintained, which is always subject to normative regulation (both legal and moral).
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Destuliadi, Desstuliadi. "Larangan Perkawinan Sesuku dalam Masyarakat Minangkabau Ditinjau dari Hukum Adat dan Hukum Islam." IJOCE: Indonesia Journal of Civic Education 3, no. 1 (December 31, 2022): 27–34. http://dx.doi.org/10.31539/ijoce.v3i1.6632.
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The purpose of this research is to find out how customary law and Islamic law view the prohibition of same-ethnic marriage in Minangkabau society. This research uses a socio-legal approach and is supported by a descriptive analysis approach. This legal approach is qualitative. The results of the study show that there is no conflict between Islamic law and customary law. If same-ethnic marriage occurs, Islamic law does not prohibit it, but Islamic law allows it. Islamic law prohibits marriage, this includes the ban on marrying forever and the ban on marrying for a certain time or temporarily. Violators of tribal marriages usually receive sanctions such as fines and exile. The conclusion of this study found that same-ethnic marriage in Minangkabau society in the village is abstinence marriage because it can damage the Minangkabau customary law system. Same-sex marriage violators will be fined and banished.
Keywords: Marriage, Customs and Tribes
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Reichman, Amnon. "The 'Social', the 'Legal' and Law-and-Society Research." International Sociology 23, no. 2 (March 2008): 181–93. http://dx.doi.org/10.1177/0268580907086373.
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Gunarto, Gunarto, Yenny Ika Putri Hardiyani Wati, and Anis Masdurohatun. "Reconstruction of the Law on Legality of Post-Marriage Agreements Based on Justice Values." Scholars International Journal of Law, Crime and Justice 6, no. 05 (May 31, 2023): 317–22. http://dx.doi.org/10.36348/sijlcj.2023.v06i05.007.
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This study aims to analyze and find the current implementation of post-nuptial marriage agreements, to analyze and find the legal standing of marriage agreements made after marriage to third parties (Post-Decision of the Constitutional Court Number. 69/PUU-XIII/2015), to find reconstruction the validity of the marriage agreement after marriage. This research is included in the socio-legal research tradition. Socio-legal research examines the application of legal principles or norms by using legal and social science approaches. Weaknesses in the implementation of the post-nuptial agreement at this time are the weakness in the absence of post-nuptial agreement arrangements, the weakness that there are opportunities for misuse of the situation by the parties in the post-wedding agreement; as well as the weakness in the form of a culture of society that only realizes the importance of the marriage agreement after the marriage takes place. The reconstruction carried out is to add Article 185A of the Civil Code which states that the provisions referred to in Article 155 to Article 185 also apply to marriage agreements made after and in marriage.
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Ristić, Milica. "Ctio familiae erciscundae in the Gortyn law Code and the Law of the Twelve Tables." Glasnik Advokatske komore Vojvodine 95, no. 2 (2023): 532–74. http://dx.doi.org/10.5937/gakv95-41438.
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In this paper, the author examines the relationship between Greek and Roman legal traditions through the analysis of actio familiae erciscundae - a Roman legal action seeking the partition of inheritance (division of family property), which can be found both in the Gortyn Law Code and the Law of the Twelve Tables. Several scientific research methods were used in the paper, with the comparative legal research method being the most represented one, due to the nature of the subject at hand. Using comparative legal research, the author will try to answer the question of whether the actio familiae erciscundae legal action can be marked as a kind of legal transplant and whether it is possible to come to some more general conclusions about the degree of legal transplantation between the two great ancient legal systems from this relationship. To provide the most comprehensive answer to this question, the historical method (historical approach to legal research) was also used in the paper to better understand the socio-political context of the given time, along with the linguistic method to correctly interpret the true sense and meaning of the actio familiae erciscundae action. Although, at first glance, the existence of this particular legal action in these two large ancient legal systems indicates certain similarities, a deeper analysis of the nature of family union and property in Roman and Greek society reveals some key differences presented in the paper, based on which the author concludes that the degree of Greek influence on Roman law is somewhat overrated and overemphasized
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Chernyshova, Evgeniia L., Dmitry V. Ivanov, and Ekaterina I. Roschupkina. "Socio-psychological research of value orientations of students." Vestnik of Samara State Technical University Psychological and Pedagogical Sciences 19, no. 1 (January 15, 2022): 125–40. http://dx.doi.org/10.17673/vsgtu-pps.2022.1.9.
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The analysis of philosophical, sociological, pedagogical and psychological literature let us make a conclusion that the fundamental basis of the legal consciousness of each person is the degree of his spiritual perfection and maturity. Value and spiritual and moral prerequisites, in turn, are the basis of law, making the behavior of an individual in society expedient. The authors of the paper focus their attention on the frequent cases of delinquent behavior among young students. There is a new form of delinquent behavior, that is deviant socio-political activity. The authors of the paper see the problem of contradiction between the real state of legal consciousness of students and the lack of knowledge of the relationship of legal consciousness with individual psychological characteristics and value orientations of students. The desire to find ways to resolve this contradiction determined the purpose of the research conducted to investigate the relationship of legal consciousness with individual psychological characteristics and value orientations of Samara students who took part in unauthorized protest actions in January 2021. The paper presents the results of an empirical study of individual psychological characteristics and value orientations of students who took part in unauthorized protest actions. The results received, it was found that the subjects of the sample are really prone to delinquent behavior, they have a low level of volitional control of the affective sphere, a pronounced tendency to aggression and violence against the background of negative attitudes towards social norms and rules, the level of legal awareness is low, a positive attitude to law is not formed, and higher, spiritual values are rejected. Among the preferred values are the values of the hedonistic and gloric vector.
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Chodak, Paweł, Krzysztof Krassowski, and Tomasz Wierzchowski. "Hybrid Threats – Means of Destabilization of Law and Order in Modern Democratics Societes. Idea and Methodology of Proposed Research." Teka Komisji Prawniczej PAN Oddział w Lublinie 14, no. 2 (July 19, 2022): 91–100. http://dx.doi.org/10.32084/tekapr.2021.14.2-8.
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Threats are one of the most serious threats to the legal order of a democratic state. Their non-linear, asymmetric nature makes them more dangerous than other threats to the legal order. The use of multifaceted measures as a weapon disrupts, above all, the legal order of the state. Hybrid threats rely heavily on non-military domains. Civilian populations are central to the hybrid threat scenarios as sources for potential socio-political vulnerabilities and as targets for non-military threats and attacks, not least disinformation campaigns. A significant part of the hybrid threat phenomena is psychological. Actors targeting communities/societies to exacerbate weaknesses do not necessarily create social vulnerabilities themselves but make use of divisions that already exist in civil society. Using disinformation, populations are targeted and used as potential weapons within the state/society in question. This paper shows a concrete scientific approach to the study to of this issue.
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Li, Xingan. "Gift-Giving in Society, Marriage and Its Nature in Law Enforcement in China." Comunitania. Revista Internacional de Trabajo Social y Ciencias Sociales, no. 14 (February 9, 2018): 9. http://dx.doi.org/10.5944/comunitania.14.1.
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Gift-giving is a prevalent human activity existing in different temporal and different spatial dimensions. Main issues discussed in this article are about gift exchange in socio-legal context, particularly in pertinent to marriage and divorce, as well as law enforcement against offence of bribery in China. The research identifies different modes of gift giving, including gift exchange and unilateral gift-giving. The research further explores into giftgiving by parents before marriage and during family life of their children, with special regard to real estate as a gift. The research also discusses gift as distinguished from and as identified as offence of bribery under Chinese law.La donación es una actividad humana predominante que existe en diferentes dimensiones espaciales temporales y diferentes. Los principales temas discutidos en este artículo son los siguientes: el intercambio de obsequios en el contexto socio-legal, particularmente en lo referente al matrimonio y el divorcio, así como la aplicación de la ley contra el delito de soborno en China. La investigación identifica diferentes modos de donación, incluyendo el intercambio de regalos y donaciones unilaterales. La investigación explora más a fondo la donación de los padres antes del matrimonio y durante la vida familiar de sus hijos, con especial atención a los bienes raíces como un regalo. La investigación también discute el regalo como distinto de y como identificado con el delito de soborno bajo la ley china.
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O., Makeieva. "The role of legal communication in ensuring human rights." Almanac of law: The role of legal doctrine in ensuring of human rights 11, no. 11 (August 2020): 146–50. http://dx.doi.org/10.33663/2524-017x-2020-11-26.
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The article examines the role of legal communication in ensuring human rights. It is noted that the study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. Legal communication acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. According to recent research, the doctrine of human rights is developing on the basis of an interdisciplinary approach to such sciences as philosophy, theory and history of state and law, political science, linguistics, information theory and more. The introduction of information and communication technologies in all spheres of society presupposes the study of the communicative properties of law, in particular legal communication. Given the increased attention to the problems of the effectiveness of law, the definition of its functional purpose, there is a need to study the role of legal communication in ensuring human rights. Human rights are a common value of civil society and the state, they determine their relationship, and ensuring the implementation and protection of human rights is their common task. A manifestation of such interaction is the legal communication between the state and civil society. The study of legal communication in the modern information space forms a modern postclassical legal understanding, which is focused on ensuring the rights, freedoms and legitimate interests of citizens. The renewal of legal relations, first of all between the state and society, requires scientific substantiation and introduction of new forms of communication. Legal communication in this case acts as a means of ensuring dialogue between the state and citizens, as a regulatory and socio-constructive factor of social development. At the stage of transition to the information and legal society, the relationship between legal communication and legal regulation changes. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. Іt is proved that legal communication contributes to the formation of legal values in the modern information space, a positive perception of law, the formation of the legal consciousness of the subjects of communication, the improvement of the legal mechanism for the protection of human rights. Legal communication acquires an independent meaning in relation to legal regulation, which itself becomes a system, a derivative element of legal communication. The effectiveness of legal communication in ensuring human rights is ensured by observance of the principles of the rule of law, legality, publicity, democracy, and universality. Keywords: human rights, legal communication, information society, information security.
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Hammouri, Jafar Ali Ahmad. "SOCIO-ECONOMIC ASPECTS OF MEASURING THE SECURITY OF CRIMINAL LAW IN THE CONTEXT OF ENSURING JUSTICE IN JORDAN." Financial and credit activity problems of theory and practice 3, no. 50 (June 30, 2023): 419–31. http://dx.doi.org/10.55643/fcaptp.3.50.2023.4077.
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Socioeconomic development is a complex process that requires significant resources and measures. The development of criminal law is built on a unique system designed to do justice within the legal framework. At the same time, the social and economic aspects of measuring the security of the situation in society should be taken into account. The main purpose is to form a model for improving criminal law, taking into account the socio-economic aspects of the security environment. The main scientific task is: to define and substantiate the socioeconomic aspects of the security environment; to substantiate the relationship between criminal law and the security environment; to determine directions for the development of criminal law and improvement of the justice system, taking into account the socioeconomic aspects of increasing security in society. The object of research is the system of criminal law. The research methodology is based on the method of structural modeling of the development of criminal law through the prism of security. The result of the article is a model for measuring criminal law in the framework of ensuring justice, taking into account the socio-economic aspects of the development of society. The innovativeness of the results obtained is presented in the form of a proposed methodological approach to ensuring the development of criminal law, taking into account the socio-economic aspects of security. The article provides for further research on the socio-economic aspects of the development of criminal law, which should be further analyzed and improved within the framework of this topic.
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Guibentif, Pierre. "Law in the semi-periphery: revisiting an ambitious theory in the light of recent Portuguese socio-legal research." International Journal of Law in Context 10, no. 4 (December 2014): 538–58. http://dx.doi.org/10.1017/s1744552314000305.
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AbstractThere is currently no mechanism – no journal, no learned society – somehow integrating Portuguese sociology of law, despite a considerable academic production. In an attempt to appreciate globally and substantially this production, this paper takes as a starting point the theory of semi-periphery formulated by Boaventura de Sousa Santos in the 1980s, and revisits the findings of socio-legal research carried out in Portugal over the recent decades in the light of that theory. The conclusion that can be drawn from this exercise is that the theory of semi-periphery – provided it is upgraded in order to better take into account features of recent processes of globalisation – still supplies a valuable framework for the reflection on the social, economic and political conditions that favour uses of the law as a tool for human groupings to govern themselves.
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Yuliartini, Ni Putu Rai, Dewa Gede Sudika Mangku, and Ni Ketut Sari Adnyani. "RECOGNITION OF SOCIETY RIGHTS IN TRADITION SPECIALLY IN TOURISM REGULATION BASED ON ARTICLE 18B PARAGRAPH (2) OF THE 1945 CONSTITUTION OF THE REPUBLIC INDONESIA." Journal Equity of Law and Governance 1, no. 1 (April 23, 2021): 25–36. http://dx.doi.org/10.55637/elg.1.1.3242.25-36.
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This research is focused on the normative problem of the vacuum of recognition norms by customary law communities which causes injustice in tourism development. This research is a normative legal research with a socio legal approach. This research approach uses a statutory approach, a legal approach with a policy orientation. The absence of norms at the level of the Law, plus contradictory interpretations regarding the conditions in Article 18B paragraph (2). At the local government level, the province of Bali has actually made a number of legal products that recognize indigenous peoples in the tourism sector. It is not sufficient to prove the recognition of indigenous peoples in one area. East Java Provincial Regulation as a comparative study. The results show that the recognition of customary law communities is still included in the product of tourism regulations. It affects ± 60% minimum operational funds, ± 15% low sharing funds, ± 10% local government contributions, and ± 5% sourced from sponsors. Regarding this fact, the alternative solution is through the reconstruction of the ideal legal model for the recognition of customary law communities in the tourism sector as a legal input for drafters.
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Zainuddin, Asriadi, Abdul Jamil, and Dedi Sumanto. "Marriage Registration Law Reformulation in Indonesia (Studi of Law and Regulations on Marriage)." SASI 28, no. 3 (October 13, 2022): 492. http://dx.doi.org/10.47268/sasi.v28i3.1033.
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Introduction: Marriage registration serves to create order in the administration of marriage in society as well as to ensure the upholding of the rights and obligations of husband and wife. This is a preventive state law policy to coordinate the community for the realization of order and order in the system of life, including in marital problems which are believed to be inseparable from various irregularities and disputes between husband and wife. Therefore, the involvement of the authorities/state in regulating marriage in the form of registration is a must.Purposes of the Research: The purpose of this study is to examine and analyze the formulation of legal substance regulation of marriage registration in Indonesia and to analyze and formulate the ideal concept of reformulation of marriage registration law in Indonesia.Methods of the Research: This research is a type of qualitative study that starts from the constructivism paradigm. The approach method used in this study is the socio-legal approach method (socio legal study). A study that examines law as a social fact that can be seen in the realm of experience as a pattern of behavior in the form of social institutions.Results of the Research: The reformulation concept offered by the author is to revise the sound of Article 2 paragraphs 1 and 2 which requires registration of marriages and contains criminal sanctions in it with the aim of providing a deterrent effect for perpetrators of underhand marriages. in the sense that this criminal sanction is used if the previous related sanctions are no longer powerless in the sense that this criminal sanction is a criminal sanction that is used after civil or administrative sanctions are applied.
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Rowe, Gerard C., and Rob Brian. "Meeting the Needs of Comparative and International Legal Research in Australia: A Library Project—A Report and Proposal*." International Journal of Legal Information 20, no. 3 (1992): 238–64. http://dx.doi.org/10.1017/s0731126500007939.
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Common Law systems have always practiced a fairly consistent comparative legal research and scholarship. Initially through the mere exportation of rules and principles from England this was a somewhat centripetal comparative law but it has passed through various modes of radial, circumferential, centrifugal and ultimately polycentric comparisons and cross-fertilizations. Nevertheless, this exercise in comparative law, also in Australia, has remained largely within the boundaries of the Common Law world. It is no longer possible for legal research to be conducted wholly within the boundaries of a single legal system, even that of the enlarged Common Law. Legal researchers need to look beyond the borders of their own jurisdictions. Hardly any legal system today is capable of operating without international interactions requiring a knowledge of foreign legal systems, and many legal problems, or socio-economic problems which law must help to solve, may find useful models elsewhere. In Australia there are needs for reform in fields such as intellectual property, banking or consumer law, and for providing qualified advice including predictions of developments in foreign legal systems to ensure that foreign commerce and trade is fully informed of potential benefits and disadvantages to be found under foreign law. Australia must also be able to take its proper place in fields such as international environmental protection, and to take advantage of potentially beneficial developments in dispute resolution techniques. All of these situations are ones in which, by looking outside their national and even Common Law framework, Australian legal researchers will be better placed to provide concrete benefits to Australian society.
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Griffiths, Anne. "Remembering Sally Engle Merry: Her scholarship and her legacy." Oñati Socio-Legal Series 11, no. 6 (December 1, 2021): 1250–59. http://dx.doi.org/10.35295/osls.iisl/0000-0000-0000-1234.
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This article reviews the scholarship and legacy of Sally Engle Merry who died on 8th September, 2020. If focuses on a number of research fields and themes that are central to her work and collaborative engagement with other scholars, primarily across the disciplines of anthropology, law, sociology and socio-legal studies. These research domains include neighbourhood justice and mediation, law and colonialism, human rights and transnational governance, gender violence, the quantification of knowledge globally, and the relationship between law, society and power.
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Shroff, Kersi B. "Comparative Law in a Civil Society." International Journal of Legal Information 24, no. 3 (1996): 263–69. http://dx.doi.org/10.1017/s0731126500000366.
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The main research responsibility of the Law Library of Congress is to serve as the research arm of the United States Congress for the study of the legal systems of other countries. The studies, reports, and briefings its specialists prepare provide a worldwide perspective to the Congress on particular legal issues. This type of work can generally be described as comparative law research.
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Asmara, Teddy, and Muhammad Dzikirullah H. Noho. "Religion and Cosmopolitan Society: Religious Conflict Settlement based on Legal Culture." Cosmopolitan Civil Societies: An Interdisciplinary Journal 14, no. 3 (December 15, 2022): 46–60. http://dx.doi.org/10.5130/ccs.v14.i3.8166.
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Conflicts occur when people believe that they are different from others and conflict in religion is no different. Religious conflicts in Poso and conflicts between Sunnis and Shiites in East Java have the effects of conflict, including protracted social friction, which prevents the development of a cohesive community. This research uses a socio-legal approach, where the study of law combines the approach of legal and social sciences. Establishing a way to settle religious conflicts is done by drawing up a legal basis for a settlement that accommodates human rights and democracy, emphasizing horizontal relations between religious communities. The existence of a legal culture becomes a meeting point for religious views, namely, prioritizing human rights. So, in the future, resolving conflicts based on legal culture in a cosmopolitan society is recommended.
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Islamiyati, Islamiyati, Ahmad Rofiq, Ro’fah Setyowati, and Dewi Padusi Daengmuri. "THE LEGAL REFORM OF THE WAQF LAW RESOLUTION BASED ON PANCASILA." Diponegoro Law Review 4, no. 2 (October 1, 2019): 226. http://dx.doi.org/10.14710/dilrev.4.2.2019.226-243.
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Nowadays, there are still some shortages in the rule of law of the waqf disputes resolution, therefore a lot of waqf disputes have not be solved, and moreover it has no justice value since it does not protect the rights of disputing parties. Why the legal renewal of waqf disputes resolution based on Pancasila is important? The urgency is as the media for the enforcement and the law enactment of the waqf dispute resolution based on Pancasila. This research is field research, and the approach method is juridical empirical. The result of the research is to explain that the legal reform of waqf dispute resolution is important because the waqf disputes always develope based on the socio-cultural development of the society. Besides, it also saves the waqf assets, gives the values of justice and certainty,makes the rule of the law not rigid and closed, can finish the waqf disputes, and makes waqf meaningful in the society. The legal reform of waqf disputes resolution which is based on Pancasila means making the policy that includes determining and deciding the rules of waqf dispute resolution, hence it will be suitable with the direction of national development based on Pancasila.
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Varga, Csaba. "Theory of law. Legal ethnography, or the theoretical fruits of inquiries into folkways." SOCIOLOGIA DEL DIRITTO, no. 1 (July 2010): 81–101. http://dx.doi.org/10.3280/sd2010-001004.
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Encounters - Disciplines -The lawyerly interest - Law and/or laws - Conclusion. Rechtliche Volkskunde is distinguished from legal anthropology, and the latter from both legal ethnology and legal pluralism, as well as from research on aboriginal law, claiming the first three to be law-related parts of non-legal disciplines, in contrast to Ethnologischer Jurisprudenz and anthropology of law, taken as directions within the field of jurisprudence. For the time being, none of the first has erected its own theories, nor has socio-ethnography interfered with legal theorising. Since Ehrlich and Weber realised that laws may prevail independently of the states' "Westphalian duo", a number of attempts at both extending and narrowing the law's usual remit has been tested. Considering the pendulum movement between monism and pluralism in a historical perspective, renaming what is at stake by altering the terminology is not and should not be a primary issue. As formulated by the author a quarter of a century ago, "Law is (1) a global phenomenon embracing society as a whole, (2) able to settle conflicts of inter- ests that emerge in social practice as fundamental, while (3) prevailing as the supreme controlling factor in society".
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S. K. Zhetpisov and A. S. Beksultanov. ""A MODEL OF PROFESSIONAL - DEONTOLOGICAL CULTURE OF OFFICIALS THE PROSECUTORS’S OFFICE IN THE REPUBLIC KAZAKHSTAN"." Bulletin of Toraigyrov University. Law series, no. 4,2022 (November 14, 2022): 59–76. http://dx.doi.org/10.48081/oafb7880.
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"The professional deontological culture is a systematic complex socio-legal phenomenon that affects the quality of work of the Prosecutor’s Office officials. Under the conditions of socio-economic reform of society, the moral foundations of public service, the moral characteristics of public servants acquire special importance. Practically, the leading regulator that determines a person’s specific behavior becomes its moral orientation. The relevance of research on the problem is determined by the following reasons: - the strengthening demand for better social protection has led to an increase in the level of social claims to the authority, professionally engaged in the supervision over the state of law in the country; - frequent cases of neglect of prosecutors to the law, the rights of citizens, the other legal values, and at the same time, increasing numbers of violations of the law by using official power. The aim of the research is to present a model of professional deontological culture formation in officials of the Prosecutor’s office of the Republic of Kazakhstan and a complex of conditions for its effective functioning Keywords: deontological foundations, prosecutors, ethics, legal conscience, legal culture, morality."
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MANUKYAN, Yeranuhi, Ani STEPANYAN, and Marina ILYUSHINA. "Methodological Foundations of Socio-Philosophical and Legal Analysis of Corruption." WISDOM 26, no. 2 (June 25, 2023): 212–22. http://dx.doi.org/10.24234/wisdom.v26i2.1023.
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Corruption remains a pervasive global issue with far-reaching consequences for societies, economies, and the rule of law. To effectively understand and combat this complex phenomenon, a robust methodological foundation is essential for socio-philosophical and legal analysis. This article explores the key aspects of corruption analysis, highlighting the multidimensional nature of the problem. It emphasizes the need to examine systemic factors such as institutional weaknesses and transparency deficits, alongside understanding the individual and collective motivations that drive corrupt behavior. The article advocates for a multidisciplinary approach that integrates empirical research, theoretical frameworks, and ethical considerations to unravel the intricate dynamics of corruption. By delving into the economic, social, and political impacts of corruption, this analysis contributes to a comprehensive understanding of corruption’s roots and consequences. The insights derived from this methodological exploration can inform the development of effective strategies to combat corruption and strengthen the foundations of a just and accountable society.
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Said, Muhammad Fachri. "PERLINDUNGAN HUKUM TERHADAP ANAK DALAM PERSPEKTIF HAK ASASI MANUSIA." JCH (Jurnal Cendekia Hukum) 4, no. 1 (September 28, 2018): 141. http://dx.doi.org/10.33760/jch.v4i1.97.
Full textAbstract:
This study aims to analyze the problem of legal protection for children in the perspective of human rights. The type of this research is socio-juridical or including descriptive research with a non-doctrinal approach, which views law as a socio-empirical symptom observed in experience. The research method used is descriptive research with the type of incorporation of normative legal research with sociological legal research related to the implementation of legal protection for children in the perspective of human rights. The results of the study show that the results of this study are the legal protection of children in the perspective of human rights in essence is an effort made by parents, government and society to fulfill and guarantee all children's rights that have been guaranteed in the convention of children's rights and laws Number 35 of 2014 concerning Child Protection. Legal protection for children in the perspective of human rights is less implemented because the government has not implemented its obligations in fulfilling children's rights so that there are still legal violations of children. The recommendation of this research is to implement legal protection for children in the perspective of human rights, parents should be fully responsible for the behavior of children and the government establishes policies that are in line with the wishes of the community, so that the common perception between parents, government and society is realized in fulfilling the rights child.