Civil Law and Civil Society

2012 ◽  
Keyword(s):  
Civil Society ◽  
Civil Law

The Voluntarist Path towards a Permissive Legal Environment for Organized Civil Society

2018 ◽  
pp. 233-251
Author(s):  
Nicole Bolleyer
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Legal Framework ◽  
Legal Regulation ◽  
Voluntary Sector ◽  
Voluntary Organizations ◽  
Legal Environment ◽  
Social Democratic ◽  
Depth Analysis ◽  
Benefit Allocation

In the last part of the study, ideal-typical representatives of three ‘sufficient paths’ identified by the QCA analysis were chosen for in-depth analysis. After explaining the case selection, this chapter analyses the evolution of the legal framework in Sweden representing the ‘voluntarist’ path towards a permissive environment for voluntary organizations. Despite various initiatives towards the adoption of legal regulation of voluntary organizations, reforms were usually considered not sufficiently beneficial for the organizations targeted, or legislation was considered unsuitable as an instrument to address the problem at hand, tendencies rooted in the informality of historically grown relations between the state and organizations in this social democratic voluntary sector regime. If legislation was adopted, it echoed characteristics of Scandinavian civil law by tending towards broad principles that impose few direct constraints on the organizations targeted, leaving plenty of room for interpretation, while putting an emphasis on benefit allocation.

The Principle of Solidarity in the Civil Law of Russia

2016 ◽  
Vol 4 (11) ◽  
pp. 0-0
Author(s):  
Дмитрий Богданов ◽  
Dmitriy Bogdanov ◽  
Евгений Богданов ◽  
Evgeniy Bogdanov ◽  
Елена Богданова ◽  
...  
Keyword(s):  
Civil Society ◽  
Formation Process ◽  
Social System ◽  
Civil Law ◽  
Atomic Unit ◽  
Centrifugal Forces ◽  
Balance Of Interests ◽  
Entire Society ◽  
Centripetal Forces

The present work reveals the content of the principle of solidarity in civil relations. The principle of solidarity reflects interests of society and an individual as a single social system that allows one to form relationships between the members of society based on solidarity and not on individualism, when pursuing profit making and own interests the interests of both society and the contract partners are ignored. In case there are individualism and selfishness in society centrifugal forces operate, what pulls apart society into some (atomic) unit. But if there are the interests of solidarity then centripetal forces operate, that unites society, integrates the interests of the members of society and of the entire society. It allows reaching not only the balance of interests between the partners in the agreement, but also equilibrium and stability in society. Therefore, the principle of solidarity is of particular importance for the formation process of civil society.

Civil Law and Civil Society

2010 ◽  
pp. 166-170
Author(s):  
Raquel Campos Franco ◽  
Lili Wang ◽  
Pauric O’Rourke ◽  
Beth Breeze ◽  
Jan Künzl ◽  
...  
Keyword(s):  
Civil Society ◽  
Civil Law

The Description of Formative Judaism: The Social Perspective of the Mishnah's System of Civil Law and Government

AJS Review ◽  
1980 ◽  
Vol 5 ◽  
pp. 63-79
Author(s):  
Jacob Neusner
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Status Quo ◽  
Systematic Account ◽  
The Social ◽  
The Status ◽  
The Subject ◽  
The Stability ◽  
Definition Of ◽  
The Temple

Mishnah's division of Damages presents a complete and systematic account of a theory of Israelite civil law and government. While drawing on diverse materials of earlier ages, beginning, of course, with the diverse Mosaic codes themselves, Mishnah's system came to closure after the Bar Kokhba War. Like its account of the Temple and its cult, Mishnah here speaks of nonexistent institutions and prohibited activities. There being no Israelite government, Mishnah's legislation for a high priest and Temple, a king and an army, speaks of a world which may have been in times past (this is dubious) but did not exist at the time of the Mishnaic discourse on the subject. The division of damages is composed of two subsystems which fit together logically, one on the conduct of civil society—commerce, trade, real estate, the other on the institutions of civil society—courts, administration. The main point of the former subsystem is that the task of society is to maintain perfect stasis, to preserve the status quo, and to secure the stability of all transactions. In the interchange of buying and selling, giving and taking, torts and damages, there must be an essential equality of exchange. No one should come out with more than he had at the outset. There should be no sizable shift in fortune or circumstance. The stable and unchanging economy of society must be preserved. The aim of the law is to restore the antecedent status of a person who has been injured. When we ask whose perspective is represented in a system of such a character and such emphases, we turn to examine the recurrent subject-matter of the division's cases. The subject of all predicates, in fact, is the householder, the small landholder. The definition of the problems for Mishnah's attention accords with the matters of concrete concern to the proprietary class: responsible, undercapitalized, overextended, committed to a barter economy (in a world of specie and currency), above all, aching for a stable and reliable world in which to do its work.

scholarly journals Theoretical Research on the Principle of Equality in Civil Law from the Perspective of Civil Society

2019 ◽  
Vol 15 (10) ◽  
pp. 141
Author(s):  
Ruyuan Guo
Keyword(s):  
Civil Society ◽  
Social Practice ◽  
Civil Law ◽  
The Other ◽  
Theoretical Research ◽  
Private Law ◽  
Negative Implication ◽  
The Times

The assertion of equality of rights and abilities in the equality principle of civil law is incompatible with social practice. This kind of realistic contradiction forces the study of the essence of the equality principle of civil law to change a new path from “what is the principle of equality of civil law” to “what is not”. Based on this, the “essence” of the equality principle of civil law is to highlight the “principle” attribute of “equality” by excluding regularity assertion, and guarantee the qualification equality of social subjects in the field of private law by expanding rather than limiting the boundaries of interpretation space. The “essential” argument of the equality principle of civil law makes the interpretation of negative and positive implications logically possible. Civil law is based on the principle of equality. The negative implication of the equality principle derives the principle of freedom. The positive implication gives rise to the principle of honesty and credit and the principle of fairness and justice, which are the guarantees of the principle of freedom. Civil law establishes communication with the times through the dynamic and synchronic nature of the binary meaning of the equality principle，and equalizes the governance of civil law through the negative and positive implications of "one goes up and the other goes down".

The Civil Code of Ukraine – A Reliable Regulator of Civil Relations in Civil Society

2021 ◽  
Vol 10 (1-2) ◽  
pp. 5-15
Author(s):  
Nataliia S. Kuznietsova ◽  
Oleksandr V. Petryshyn ◽  
Denys S. Pylypenko
Keyword(s):  
Civil Society ◽  
Civil Law ◽  
Scientific Research ◽  
Civil Code ◽  
European Countries ◽  
Private Law ◽  
History Of ◽  
Object Composition ◽  
Main Regulator ◽  
Conceptual Foundations

Abstract This article is a study of the Civil Code of Ukraine as the main regulator of civil relations in civil society. The history of adoption of the Civil Code of Ukraine and its conceptual foundations were reviewed. Particular attention is paid to the problem of dualism of private law in Ukraine. The structure and content of the Civil Code of Ukraine were analysed. Attention is also paid to the main novelties of the Civil Code of Ukraine. The principal rules for the regulation of legal entities were analysed. Novelties in defining the object composition of civil legal relations are considered. Particular attention is paid to the main directions of modern scientific research in the field of the civil law of Ukraine. The study confirms the urgent need for a thorough recodification of the Ukrainian civil law, with mandatory consideration of the experience of the implementation of modern recodifications in many European countries.

Access to Justice in Sweden from a Comparative Perspective

2019 ◽  
pp. 118-135
Author(s):  
Laura Carlson
Keyword(s):  
Civil Society ◽  
Historical Development ◽  
Civil Law ◽  
Comparative Perspective ◽  
Government Agencies ◽  
Access To Justice ◽  
Eu Law ◽  
Anglo American ◽  
Concept Of Law

This chapter explores reasons for why discrimination legislation is not successful in Sweden, despite Sweden having legislated all the requirements of EU law. The chapter first focuses briefly on the Anglo-American historical development of the concept of access to justice and then examines how access to justice has been addressed in Sweden. Though the differences of approach are often explained as simply that of common and civil law, this chapter demonstrates that they are instead anchored in the interplay between civil society, government agencies, courts, and law-makers, as well as a concept of law (regardless of whether judge-made or statutory) as individually enforceable or simply policy declarations.

scholarly journals The Development of New Clinical Legal Education Courses at the Faculty of Law, Hasanuddin University, Makassar- Indonesia: Challenges and Prospects

2015 ◽  
Vol 1 (3) ◽  
pp. 391
Author(s):  
Maskun Maskun
Keyword(s):  
Civil Society ◽  
Criminal Law ◽  
Environmental Law ◽  
Legal Education ◽  
Civil Law ◽  
Civil Society Organizations ◽  
District Courts ◽  
Quality Programming ◽  
Education Courses ◽  
Formal Justice

Clinical subjects are a new model in Faculty of Law Hasanuddin University’s curriculum. It currently is implementing four legal clinics: (1) a civil law clinic; (2) a criminal law clinic; (3) an anti-corruption law clinic; and (4) an environmental law clinic. All of these clinics have been adopted in FH-UNHAS’s curriculum. This paper will focus on those subjects as new clinics and the students as new clinicians. It also discusses many challenges we face in managing the clinics and ensuring that all clinic students are able to engage in quality programming while working with our partners (local civil society organizations [CSOs] and formal justice institutions, such as District Courts and Provincial Prosecutor Offices).

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