Getting Schooled: Legal Mobilization as an Educative Process

2017 ◽  
Vol 42 (01) ◽  
pp. 163-194 ◽  
Author(s):  
Mary Gallagher ◽  
Yujeong Yang
Keyword(s):  
Legal System ◽  
Formal Education ◽  
Legal Mobilization ◽  
Legal Knowledge ◽  
Legal Institutions ◽  
Legal Representation ◽  
Positive Effects ◽  
New Knowledge ◽  
Educative Process

This article explores the role of formal education and specific legal knowledge in the process of legal mobilization. Using survey data and in-depth case narratives of workplace disputes in China, we highlight three major findings. First, and uncontroversially, higher levels of formal education are associated with greater propensity to use legal institutions and to find them more effective. Second, informally acquired labor law knowledge can substitute for formal education in bringing people to the legal system and improving their legal experiences. The Chinese state's propagation of legal knowledge has had positive effects on citizens' legal mobilization. Finally, while education and legal knowledge are factors that push people toward the legal system, actual dispute experience leads people away from it, especially among disputants without effective legal representation. The article concludes that the Chinese state's encouragement of individualized legal mobilization produces contradictory outcomes—encouraging citizens to use formal legal institutions, imbuing them with new knowledge and rights awareness, but also breeding disdain for the law in practice.

scholarly journals PLACE AND ROLE OF THE THEORY OF STATE AND LAW IN THE SYSTEM OF LEGAL SCIENCES

2021 ◽  
Vol 38 (2) ◽  
pp. 9-12
Author(s):  
L.B. Gandarova ◽  
Keyword(s):  
Legal System ◽  
Public Life ◽  
Legal Knowledge ◽  
Complex State ◽  
Legal Science

The article examines the place of the theory of state and law in the system of legal sciences, and also emphasizes its fundamental role in the system of legal sciences. To substantiate his position, the author investigated the views of authoritative modern domestic legal scholars on the classification of legal sciences. The article identifies the main thematic blocks, which include all legal disciplines. The problems that hinder the development of the theory of state and law as a basic legal science are identified, its methodological nature is noted. It is concluded that without the assimilation of theoretical and legal knowledge, it is impossible to give a correct assessment of the complex state and legal phenomena of public life, to know their essence and purpose, to get an idea of the legal system as a whole

scholarly journals Müste’min Dealing with the Ottoman Justice: Role and Strategy of the Ambassador

2013 ◽  
Vol 93 (2) ◽  
pp. 477-494 ◽  
Author(s):  
Juliette Dumas
Keyword(s):  
Significant Role ◽  
Legal System ◽  
The Other ◽  
Legal Knowledge ◽  
Economic Aspects ◽  
Legal Advice ◽  
Local Actors ◽  
Special Rights ◽  
Lack Of Knowledge

Abstract Because of their status as foreigners, non-subject of the Empire, müsteʾmin are subject to a system of laws different from the other subjects of the Empire. They also benefit from advantages secured by the granting of imperial orders: the ʿahidnâme also known as the capitulations: these are prescriptions issued by the sultan, directly influenced by political and economic aspects and which may vary from one nation to another. However, it is not a code of law different from others in force in the Empire: except in specific cases prescribed by the capitulations, the müsteʾmin are submitted as other Ottoman subjects to the Ottoman legal system. Nevertheless, the Ottoman legal system is complex: the actors and the practices vary and depend on the individuals involved and cases. Therefore, the question is who are the interlocutors of the müsteʾmin? The documents examined here show that the type of conflicts impacted on the interlocutors that were involved. Each time the case involves, in one way or another, the privileges of the müsteʾmin from a given nation, the imperial divan had to solve the case—then, it usually refers to the local court. But if private, the case was directly submitted to the kadı. The call for submission of cases to the Imperial divan is interesting because it shows that confidence is put in the Imperial divan rather than in the kadı. Perhaps, it also reveals the limits of the legal knowledge of the privileges and the special rights granted to müsteʾmin. In fact, the population concerned by the Capitulations was minor and the affairs affecting them probably rare, as a result, one should not be surprised by the lack of knowledge of the local actors, of their privileges. The role of the embassy and of the ambassador must also be emphasized here. In our documents, it appears that the embassy as a whole played a significant role in supporting its citizens through legal advice, assistance and support. The French embassy even seems to have distinguished itself on this item since the legal support offered was presented by the ambassador.

scholarly journals Ordering Power under the Party: A Relational Approach to Law and Politics in China

2019 ◽  
Vol 6 (01) ◽  
pp. 1-18 ◽  
Author(s):  
Juan WANG ◽  
Sida LIU
Keyword(s):  
Legal System ◽  
Political Institutions ◽  
Power Relations ◽  
Legal Profession ◽  
Legal Institutions ◽  
Relational Approach ◽  
Chinese Leadership ◽  
Law And Politics ◽  
Iron Triangle

AbstractExisting scholarship of China’s legal institutions has primarily focused on individual institutions, such as the court, the police, or the legal profession. This article proposes a relational approach to the study of political-legal institutions in China. To understand the order and exercise of power by various political-legal institutions, the relational approach emphasizes the spatial positions of actors or institutions (the police, courts, lawyers, etc.) within the broader political-legal system and their mutual interactions. We suggest that the changing ideas of the Chinese leadership about the role of law as an instrument of governance have shaped the relations between various legal and political institutions. The interactions of these political-legal institutions (e.g. the “iron triangle” of the police, the court and the procuracy) further reveal the dynamics of power relations at work.

Validating Vignette Designs with Real-world Data: A Study of Legal Mobilization in Response to Land Grievances in Rural China

2020 ◽  
pp. 1-16
Author(s):  
Susan H. Whiting ◽  
Xiao Ma
Keyword(s):  
Real World ◽  
Rural China ◽  
Legal Mobilization ◽  
Political Connections ◽  
Legal Knowledge ◽  
Real World Data ◽  
Causal Inferences ◽  
The Government ◽  
Original Survey

Abstract How well do vignette designs capture actual behaviour in the real world? This study employs original survey data featuring both hypothetical vignettes and behavioural questions in order to assess the external validity of descriptive and causal inferences in survey experiments. The survey was conducted in a three-province, probability-proportional-to-size sample of 1,897 rural residents in China and focuses on the legal mobilization of citizens in response to grievances involving land rights. In terms of descriptive inference, we find that relative to the behavioural benchmark, hypothetical vignettes significantly over-estimate legal mobilization in response to a grievance, particularly for higher-cost actions like petitioning the government and litigating in court. We find that data from hypothetical vignettes affect causal inference as well, producing significantly different results regarding the effect of political connections and legal knowledge on legal mobilization. The study makes a contribution by identifying conditions under which hypothetical vignettes are less likely to produce valid inference. It engages a rich literature on disputing and legal mobilization in the field of Chinese politics and helps to resolve debates over the role of political connections and legal knowledge.

Lawlessness in Russia? Rethinking the Narratives of Law

2016 ◽  
Author(s):  
Kathryn Hendley
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Legal Institutions ◽  
The Rule Of Law ◽  
The Law ◽  
Fundamental Value ◽  
Soviet Russia ◽  
Willingness To Use ◽  
At Will

This book examines how ordinary Russians experience the law and the legal system. Russia consistently ranks near the bottom of indexes that measure the rule of law, an indication of the country's willingness to use the law as an instrument to punish its enemies. The book considers whether the fact that the Kremlin is able to dictate the outcome of cases seemingly at will—a phenomenon known as “telephone justice”—deprives law of its fundamental value as a touchstone for society. Drawing on the literature on “everyday law,” it argues that the routine behavior of individuals, firms, and institutions can tell us something more about the role of law in Russian life than do sensationalized cases. Rather than focusing on the “supply” of laws, the book concentrates on the “demand” for law. This introduction discusses the perceived lawlessness in Soviet Russia and the dualism that lies at the heart of Russians' attitudes toward law and legal institutions. It also provides an overview of the book's chapters.

Law and Social Change in the New Nations

1978 ◽  
Vol 20 (1) ◽  
pp. 3-28 ◽  
Author(s):  
Lawrence Rosen
Keyword(s):  
Social Change ◽  
Social Relationships ◽  
Legal System ◽  
Political Life ◽  
Legal Institutions ◽  
Legal Systems ◽  
Direct Control ◽  
Judicial Opinions

It is one of the central paradoxes of any legal system that it should appear at once so central to the imposition of decisive pronouncements aimed at the very structure of social relationships yet remain dependent on forces beyond its direct control for the acceptance and implementation of these strictures. This peculiar status of laws and legal institutions gives rise both to exaggerated claims for its impact on social change and equally unrealistic assertions that all legal systems merely follow and support processes whose fundamental operations are carried out in the broader spheres of social and political life. Like other institutions, a legal system performs distinctive tasks in accord with its own internal history and logic. But in its very design and operation it is deeply influenced by the struggles for control and influence that occur among its own personnel, and between them and other sectors of society. Being neither self-executing nor independently defined, statutory propositions and judicial opinions have impacts which are as difficult to trace in detail as they are wide-ranging and interconnected at large. Even in societies with elaborated and sharply delineated legal institutions, the role of the legal system in shaping or reflecting social and political patterns partakes of this confusion of distinctiveness and derivativeness.

On the Methodology of Cartel agreements analysis

2014 ◽  
pp. 53-64 ◽  
Author(s):  
E. Andreyashchenko ◽  
A. Zazdravnykh
Keyword(s):  
Economic Models ◽  
Social Consequences ◽  
Positive Effects ◽  
Industrial Markets

This article is an attempt of summarizing key economic approaches to cartel agreements analysis, its stability, ways of estimating social consequences of cartel agreements. It is alleged that the traditional way of understanding the cartels’ role as completely negative is not accurate; this type of inter-corporate agreements may also bring positive effects on industrial markets. Typical limits of analytical apparatus, contradictions that appear while interpreting results of specific economic models are also represented in the article, as well as substantiation of a discrete role of pricing factor within the analysis of anti-competitive agreements.

THE ROLE OF EDUCATION ON DISASTER PREPAREDNESS CASE STUDY OF 2012 INDIAN OCEAN EARTHQUAKES ON THAILAND’S

2018 ◽  
Author(s):  
Raya Muttarak ◽  
Wiraporn Pothisiri
Keyword(s):  
Indian Ocean ◽  
Emergency Preparedness ◽  
Disaster Preparedness ◽  
Formal Education ◽  
Disaster Experience ◽  
Individual Household ◽  
The Indian Ocean ◽  
The Individual

In this paper we investigate how well residents of the Andaman coast in Phang Nga province, Thailand, are prepared for earthquakes and tsunami. It is hypothesized that formal education can promote disaster preparedness because education enhances individual cognitive and learning skills, as well as access to information. A survey was conducted of 557 households in the areas that received tsunami warnings following the Indian Ocean earthquakes on 11 April 2012. Interviews were carried out during the period of numerous aftershocks, which put residents in the region on high alert. The respondents were asked what emergency preparedness measures they had taken following the 11 April earthquakes. Using the partial proportional odds model, the paper investigates determinants of personal disaster preparedness measured as the number of preparedness actions taken. Controlling for village effects, we find that formal education, measured at the individual, household, and community levels, has a positive relationship with taking preparedness measures. For the survey group without past disaster experience, the education level of household members is positively related to disaster preparedness. The findings also show that disaster related training is most effective for individuals with high educational attainment. Furthermore, living in a community with a higher proportion of women who have at least a secondary education increases the likelihood of disaster preparedness. In conclusion, we found that formal education can increase disaster preparedness and reduce vulnerability to natural hazards.

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