Between Tradition and Law: The Sociolegal Conditions of Bank Confidentiality in Monaco

2001 ◽  
Vol 10 (1) ◽  
pp. 61-82 ◽  
Author(s):  
Matthew Donaghy
Keyword(s):  
Comparative Study ◽  
Final Section ◽  
Legal Culture ◽  
The State ◽  
Financial Centre ◽  
Banking Market ◽  
The Social ◽  
The Law ◽  
Political Dimensions

This article adopts a sociolegal perspective in analysing the sociological conditions underpinning the emergence of a bank confidentiality law in the 'offshore' financial centre of Monaco. It utilizes three analytical distinctions in approaching the social, legal and political dimensions of the law and moves beyond superficial claims that Monaco's proposed law merely represents a codification of hitherto informal principles and practices. Issues surrounding the globalization of Monaco's banking market and its effects upon the legal culture of confidentiality are explored. However, changes in the legal culture of offshore financial centres should not be equated with an erosion of the state, which is shown to play a constitutive role in sociolegal transformations. In the final section of the article, the implications of the discussion for the sociolegal dimensions of offshore financial centres are drawn out, offering a blueprint for future comparative study on the legal cultures of globalized financial centres.

The social uses of the law at a Soweto garbage dump: Reclaiming the law and the state in the informal economy

2016 ◽  
Vol 65 (2) ◽  
pp. 222-234 ◽  
Author(s):  
Melanie Samson
Keyword(s):  
Informal Economy ◽  
Research Agenda ◽  
Legal Theory ◽  
Social World ◽  
The State ◽  
Informal Workers ◽  
The Social ◽  
Critical Legal Theory ◽  
The Law ◽  
Social Uses

The informal economy is typically understood as being outside the law. However, this article develops the concept ‘social uses of the law’ to interrogate how informal workers understand, engage and deploy the law, facilitating the development of more nuanced theorizations of both the informal economy and the law. The article explores how a legal victory over the Johannesburg Council by reclaimers of reusable and recyclable materials at the Marie Louise landfill in Soweto, South Africa shaped their subjectivities and became bound up in struggles between reclaimers at the dump. Engaging with critical legal theory, the author argues that in a social world where most people do not read, understand, or cite court rulings, the ‘social uses of the law’ can be of greater import than the actual judgement. This does not, however, render the state absent, as the assertion that the court sanctioned particular claims and rights is central to the reclaimers’ social uses of the law. Through the social uses of the law, these reclaimers force us to consider how and why the law, one of the cornerstones of state formation, cannot be separated from the informal ways it is understood and deployed. The article concludes by sketching a research agenda that can assist in developing a more relational understanding of the law and the informal economy.

scholarly journals Social commissioning in the sphere of social services provision

2021 ◽  
Vol 66 ◽  
pp. 113-117
Author(s):  
M.O. Buk
Keyword(s):  
Social Services ◽  
Social Order ◽  
Social Care ◽  
Social Issues ◽  
Public Procurement ◽  
The State ◽  
The Social ◽  
The Law ◽  
Definition Of ◽  
State Regional

This article is dedicated to the analysis of the essential hallmarks of social services procurement. The attention is focused on the absence of the unity of the scientists’ thoughts as for the definition of the term “social procurement”. It has been determined that in the foreign scientific literature the scientists to denote the term “social procurement” use the notions “social contracting”, “social order” and “social commissioning”, and they use these notions with slightly different meanings. Therefore, the notion “social procurement” is defined as: 1) activity of a country; 2) form of the state support; 3) complex of measures; 4) legal mechanism. The article has grounded the expediency of the definition of social procurement in the legal relations of social care as a special legal way to influence the behavior of the parties of the social care legal relations. The publication advocates the idea that social procurement is one of the conditions for the rise of the state and private sectors partnership. The state-private partnership in the legal relations regarding the provision of social services is proposed to be defined as cooperation between Ukraine, AR of Crimea, territorial communities represented by the competent state bodies, self-government bodies (authorized bodies in the sphere of social services provision) and legal entities, but for the state and municipal enterprises and establishments, and organizations (providers of social services) regarding the provision of social services, which is carried out on the basis of an agreement and under the procedure set by the Law of Ukraine “On Social Services” and other legal acts that regulate the social care legal relations. The article substantiates the thesis that the subject of the social procurement is social services and resolution of social issues of the state/regional/local levels in the aspect of the satisfaction of the needs of people/families for social services (state/regional/local programs of social services). It has been determined that the main forms of realization of the social procurement in the social care legal relations are public procurements of social services and financing of the state/regional/local programs of social services. The public procurement of social services is carried out under the procedure set by the Law of Ukraine “On  Public Procurement” taking into account the special features determined by the Law of Ukraine “On Social Services”. The social procurement in the form of financing of the state/regional/local programs of social services is decided upon the results of the tender announced by a client according to the plan for realization of the corresponding target program.

The Rule of Law

2018 ◽  
Author(s):  
N. W. Barber
Keyword(s):  
Social Context ◽  
Rule Of Law ◽  
The State ◽  
Successful Operation ◽  
The Rule Of Law ◽  
The Social ◽  
The Law

The rule of law requires that law make the differences it purports to make; linking the formal demands of law and the reality of the rules that structure power within a community. The chapter begins by outlining the rule of law. There are two aspects to the principle: first, the rule of law requires that laws be expressed in a way that enable people to obey the law; secondly, the rule of law requires that the social context is such that people are led to obey these rules. The second part of the chapter examines the connection between the rule of law and the state. First, it will be contended that states need to comply—to a degree—with the rule of law in order to exist. Secondly, in societies such as ours, non-state legal orders require the existence of the state, and state legal orders, for their successful operation.

2. Marriage and Civil Partnership

2021 ◽  
pp. 8-96
Author(s):  
Polly Morgan
Keyword(s):  
Legal Status ◽  
Public Perceptions ◽  
The State ◽  
Civil Partnership ◽  
The Social ◽  
The Law ◽  
Over Time

This chapter starts by considering how people get married, tracing the institution of marriage through history. It looks at the evolving popularity of marriage to the present day. The chapter then addresses the social and legal significance of marriage. It asks: Why does the state encourage people to marry? The chapter also looks at other ways in which relationships can be formalised under the law. Finally, the chapter turns to civil partnerships and looks at the changes in legal status to such partnerships over time. It also considers public perceptions of civil partnerships. Finally the chapter asks: Is there a future for marriage?

scholarly journals A Greve e seus sentidos político e jurídico / Strike and its political and Legal senses

2019 ◽  
Vol 47 (1) ◽  
pp. 252-268
Author(s):  
Felipe Cesar Rebêlo
Keyword(s):  
Social Action ◽  
Class Struggle ◽  
Institutional Structure ◽  
The State ◽  
Social Rights ◽  
Political Aspect ◽  
The Social ◽  
The Law ◽  
The Way

A greve é reconhecida como um instituto em constante evolução, representativo dos direitos sociais. Passa por uma evolução constante, de acordo com as demandas que surgem historicamente. Nesse ponto, se averigua como o instituto jurídico é construído, bem como a forma que sua feição política pode desenvolver. A compreensão da doutrina e da jurisprudência se faz necessária, em consonância as determinações legais, bem como ao espírito social que move multidões, em expressão de uma ação social que necessita ser revisitada considerando cânones mais profundos, e do próprio direito e da constituição do Estado, como forma de legitimação da estrutura institucional em que a sociedade pode se formatar. A forma de concretização das demandas sociais, à luz de uma preocupação que se compactue com a luta de classes no ambiente capitalista, em que o direito é analisado como instrumentalização dessa constante social, merece ponderação na análise contemplada.   Abstract: Strike is recognized as a constantly evolving institute, representative of social rights. It goes through a constant evolution, according to the demands that arise historically. At this point, it examines how the legal institute is constructed, as well as the form that its political aspect can develop. Understanding the doctrine and jurisprudence is necessary, in accordance with legal determinations, as well as the social spirit that moves crowds, in expression of a social action that needs to be revisited considering deeper canons, and of the law itself and the constitution of the State, as a way of legitimizing institutional structure in which society can be shaped. The way of concretizing social demands, in the light of a concern that is compacted with the class struggle in the capitalist environment, in which the law is analyzed as an instrumentalization of this social constant, deserves consideration in the analysis.

scholarly journals Czy idea tak zwanej wtórnej legalności się broni?

2017 ◽  
Vol 43 ◽  
pp. 401-420
Author(s):  
Jarosław Majewski
Keyword(s):  
Legal Culture ◽  
Social Benefits ◽  
Final Conclusion ◽  
Systematic Analysis ◽  
Legal Norms ◽  
Basic Assumptions ◽  
The Social ◽  
The Law ◽  
The One ◽  
Made In

Is the idea of so-called “secondary legality” defensible?The aim of the study is critical analysis of the idea of so-called “secondary legality” of an act used by some jurists to explain types of behaviour falling into the category of circumstances excluding lawlessness of an act justification, namely to define the relation between such types of behaviour and the legal system as a whole, and the various sanctioned norms that are part of the system. First, the author examines the relation between the assumption that a type of behaviour which falls within the category of circumstances excluding lawlessness of an act constitutes a legal transgression of the sanctioned norm, and the basic assumptions made in the Polish legal culture concerning the process of creation and application of the law as well as its systematic analysis. He demonstrates that consistent use of the secondary legality category would require a considerable remodelling of these assumptions, above all, rejection of the assumption that legal norms are introduced to be met as well as all consequences stemming from this assumption as well as abandonment of the approach to the law as a set of legal norms that is internally cohesive. Next, the author analyses the internal aspects of the idea of secondary legality of an act. He demonstrates that it encompasses contradictory statements: on the one hand that justifi able behaviour constitutes socially harmful, negative and thus a typical attack on legal interest, and on the other hand that the social benefits ultimately outweigh losses in the case of justifiable behaviour. All the above justifies the author’s final conclusion that the category of secondary legality of an act is not useful.

scholarly journals Juridical Analysis of Legal Aid Implementation for Underprivileged Communities: Problems and Challenges

2021 ◽  
Vol 3 (4) ◽  
pp. 481-498
Author(s):  
Alycia Sandra Dinar Andhini
Keyword(s):  
Empirical Research ◽  
Legal Culture ◽  
The State ◽  
Legal Issues ◽  
Access To Justice ◽  
Legal Assistance ◽  
Legal Aid ◽  
The Poor ◽  
The Law ◽  
Gain Access

Legal Aid is organized to help resolve legal issues faced by Legal Aid Recipients. The birth of Law No. 16 of 2011 concerning Legal Aid provides new hope for the poor to gain access to justice and equality before the law. This writing aims to determine the implementation of the provision of legal aid and the obstacles that influence it in its implementation because sometimes the implementation of Law Number 16 of 2011 concerning Legal Aid in Indonesian Courts is not optimal. This research focuses on the application of legal aid to the poor, the challenges and problems they face. The method used in this research is empirical research. This study found that in the application of legal aid in several regions in Indonesia, the main problem faced in addition to the lack of availability of accredited legal aid institutions, was also the issue of the budget provided by the state. In addition, in terms of the legal culture of the community, the implementation of legal aid is not optimal due to the understanding of the community not to have anything to do with the law so that many cases that should receive legal assistance cannot be accompanied.  

scholarly journals Beyond the Veil. A Comparative Study between France and India

2020 ◽  
Vol Varia (Articles) ◽  
Author(s):  
Laurence Lécuyer
Keyword(s):  
Comparative Study ◽  
The Body ◽  
The Self ◽  
North India ◽  
Multiple Dimensions ◽  
The Social ◽  
International Audience ◽  
Political Dimensions ◽  
The Veil ◽  
The Way

International audience The ghunghat is a veiling practice of North India. Its peculiarity holds in the fact that it is not linked to a religion. It reveals the social and family organisation in India, is tightly linked with marriage practices and mirrors the representations of the self and of the body. An anthropological analysis of this practice reveals its multiple dimensions, especially a social, aesthetic and sacred dimension. A comparative study between the way the veil is conceived both in India and in France will allow to rethink the veil beyond the religious and political dimensions in which it is crystalized in the French context. Le ghunghat est un voile du Nord  de  l’Inde. Il a pour particularité d’être non confessionnel. Son lien est étroit avec les systèmes de parenté, d’alliance, d’organisation familiale d’Inde du Nord, et reflète les systèmes de représentations et de constructions du corps. Une analyse anthropologique de ce voile fait ressortir ses dimensions sociales, esthétiques, et son lien au sacré. Le voile en tant qu’objet polysémique doit être repensé selon une perspective comparative qui permet de sortir des cristallisations autour des seules dimensions religieuses et politiques dans lesquelles le voile a été enfermé dans le contexte socio-politique français.

Introduction

2020 ◽  
pp. 1-20
Author(s):  
Conor McCarthy
Keyword(s):  
State Power ◽  
The State ◽  
State Of Exception ◽  
Homo Sacer ◽  
The Social ◽  
Historical Phenomenon ◽  
The Law ◽  
Two Bodies

While exclusion from law is often assumed to be an historical phenomenon, the discussion here argues that it is an enduring and important tactic of state power. Such exclusion can occur in two directions – exclusion above the law (as where the state licenses itself or its agents to act with impunity) or exclusion below the law (as where the state excludes an individual or group from the law's protection). This book concerns itself with both, and in doing so, offers readings from two bodies of literature in English not normally read in tandem – the literature of outlawry, and the literature of espionage. This Introduction briefly surveys some influential previous work in this area – in particular Eric Hobsbawm’s notion of the ‘social bandit’ and Giorgio Agamben’s idea of the homo sacer and his related study of the ‘state of exception’ – and sets out the argument to follow.

LEGAL SUPPORT OF DEVELOPMENT OF PUBLIC RELATIONS IN THE FIELD OF LABOR

2017 ◽  
Author(s):  
Liudmyla Mashkovska ◽  
◽  
Iryna Kovalenko -Chukina ◽  
Keyword(s):  
Labor Relations ◽  
Labor Law ◽  
Labor Policy ◽  
The State ◽  
Entire System ◽  
The Social ◽  
Modern Business ◽  
Legitimate Interests ◽  
Business Conditions ◽  
The Law

The article analyzes the issues of regularity of development of social relations in the field of labor, and its legal support, highlights the law to work as a subjective right of a person, which creates, first of all, a mechanism for implementing, protecting and protecting the entire system of workers' rights. Freedom of labor should include the possibility for a person to engage in or not to engage in work, and if engaged, to choose freely. Attention is paid to ensuring that everyone enters into labor relations without discrimination to realize their abilities, and regardless of the grounds of labor relations, the state is obliged to create effective organizational and legal mechanisms for labor relations at the level of law, and the absence of such mechanisms employee freedoms. All labor relations should be based on the principles of social protection and equality for all enterprises, institutions, organizations, regardless of ownership, type of activity and industry affiliation, as well as persons working under an employment contract, which, in particular, should be reflected in establishing an exhaustive list of conditions. and the grounds for termination of such relations. Since we are talking about the law to work as a subjective law, as well as legitimate interests arising from this law, the object of protection are subjective laws and legitimate interests enshrined in labor law, which reflect the diversity of labor activities of the parties to the employment relationship. This, in turn, creates a mechanism for the implementation, protection and defense of the entire system of laws of both employees and employers. It is their combination is the main content of the entire system of labor protection in the process of employment, in the process of employment and its termination. Modern conditions in which the state is recognized as social and democratic require that the social approach in law, including labor law, gradually become decisive. The personality of the employee in modern business conditions should play a significant role, relations in the field of hired labor should be reoriented in the social direction, in favor of the employee. Emphasis is placed on the fact that labor policy should be aimed at the active use of legal standards and their further development, taking into account the accumulated legal experience and modern business conditions, which, above all, should be focused on decent work and adequate pay.

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