scholarly journals Social Coordinates and Identification of National Legal System

2016 ◽  
Vol 4 (6) ◽  
pp. 0-0
Author(s):  
Николай Сильченко ◽  
Nikolay Silchenko
Keyword(s):  
Public Relations ◽  
Legal System ◽  
System Development ◽  
Regulatory Element ◽  
Regulatory System ◽  
Social Regulation ◽  
Regulation System ◽  
Legal Systems ◽  
National Legal System ◽  
The Right

Selecting the direction of the national legal system development is a topical scientific and practical issue under the conditions of complex globalization processes and legal systems integration. The course of the national legal system development should be determined through the establishment of its social coordinates and subsequent identification. For this purpose, it is necessary to outline the place of the national legal system within a higher-level system – the system of social regulation — to isolate and characterize the types and elements of the system of social regulation, which can be considered as social coordinates of the national legal system. The issue is studied using dialectical, historical and structural-functional methods of scientific research. Social coordinates of national legal systems are the right-centrist, religious-moral and political-centrist types of social regulation, each of which consists of seven elements: 1) generating element (renewal and renovation) of social regulation – social practices; 2) program-target (ideological) element; 3) information-evaluative element; 4) regulatory element (regulatory system); 5) the element of individual regulation of public relations; 6) element responsible for the preservation and transmission of social regulation; 7) element responsible for the protection of social regulation system and for monitoring its status. The analysis of the identified types and elements of the system of social regulation suggests that the Belarusian legal system is within a coordinate system of political-centrist type and is developing towards the legal system of the East Slavic type.

scholarly journals Anonymous birth versus child's right to identity

Pravni zapisi ◽  
2021 ◽  
Vol 12 (2) ◽  
pp. 443-463
Author(s):  
Tamara Mladenović
Keyword(s):  
Human Rights ◽  
Legal System ◽  
Biological Origin ◽  
Child Rights ◽  
Rights Of The Child ◽  
Anonymous Birth ◽  
European Court ◽  
National Legal System ◽  
Conflicting Interests ◽  
The Right

The right to identity of the child, internationally recognized by the UN Convention on the Rights of the Child, is one of the most important in the corpus of child rights. Its structure is complex since it includes several narrower rights. Nevertheless, the situations where it comes to restriction of the right to identity are not negligible. One of them is the right to anonymous birth, the possibility acknowledged by legislators in a certain number of European countries. Conflicting interests between a mother and a child are inevitable consequence of the anonymous birth. The aim of this article is to compare the right to identity of a child and the mother's right to anonymous birth as insurmountable barrier in determining biological origin. Special attention is paid to the possibility of establishing an adequate balance between their interests, by comparing the importance that national legal system offers to each of them, with appropriate arguments, several different models of motherhood regulations are presented and can be found in European legislations. The analysis also includes the stances of international bodies, especially the European Court of Human Rights.

scholarly journals The Legal Nature of Force-Majeure

2021 ◽  
Vol 07 (11) ◽  
Author(s):  
Kholmurod Ruzievich Isanov ◽  
Keyword(s):  
Legal System ◽  
Use Of Force ◽  
Legal Systems ◽  
Legal Relationship ◽  
Force Majeure ◽  
Legal Nature ◽  
National Legal System ◽  
The Will ◽  
Legal Consequences

This article analyzes the legal nature of the force majeure in the system of legal relations. The will of the parties to a force majeure legal relationship, as a sudden or unavoidable event or situation involving their will, affects the rights and obligations between them and has certain legal consequences, the whole system of legal relations has also been examined as the basis for exemption from liability or exclusion of liability. Approaches have also been explored in distinguishing a situation that led to harm as a risk (risk) or force majeure situation in determining liability for breach of obligation. The conditions for the use of force majeure in the continental and general legal systems are analyzed, and scientific conclusions are drawn on its legal nature and its role in the national legal system.

scholarly journals KONSEP HUKUM MODERN: SUATU PERSPEKTIF KEINDONESIAAN, INTEGRASI SISTEM HUKUM AGAMA DAN SISTEM HUKUM NASIONAL

2014 ◽  
Vol 22 (1) ◽  
pp. 157
Author(s):  
Nasarudin Umar
Keyword(s):  
Legal System ◽  
Basic Problem ◽  
Legal Systems ◽  
National Legal System

<p class="IIABSBARU">Indonesia is known as a country with a mixed legal system. The current legal system is dominated by three major legal systems, namely Western legal system, customary legal system and Islamic legal system. The mixing of legal system has been emerging problem, because basically each legal system has a different character. The most basic problem is unbalancing in the formation of legal system in consequence of the dominance of Western legal system from customary and religious legal system. This paper try to analyze the concept of integration of religious legal system in the national legal system to make its position can be balanced. Based on the analysis, the concept of Three Pillars of Modern Legal Systems is suitable for modern Indonesian legal system in order to integrate the diversity of cultures, customs and religions.</p><p class="IIABSBARU" align="center">***</p>Indonesia dikenal sebagai negara dengan sistem hukum campuran. Sistem hukum yang saat ini berlaku didominasi oleh tiga sistem hukum besar, yaitu sistem hukum Barat, sistem hukum adat dan sistem hukum Islam. Percampuran sistem hukum ini bukan tak masalah, karena pada hakikatnya setiap sistem hukum memiliki karakter yang berbeda. Problem paling dasar adalah pem­bentukan hukum yang tidak berimbang, yaitu dominasi sistem hukum Barat atas hukum agama dan adat. Tulisan ini mengurai konsep integrasi sistem hukum agama dalam sistem hukum nasional agar kedudukannya dapat berimbang. Berdasarkan hasil analisa, konsep Three Pillars Sistem Hukum Modern yang integratif merupakan konsep hukum yang tepat untuk sistem hukum modern Indonesia dalam rangka mengintegrasikan keanekaragaman budaya, adat istiadat dan agama.

scholarly journals EKSISTENSI HUKUM ISLAM DAN HUKUM ADAT DALAM SISTEM HUKUM NASIONAL

2017 ◽  
Vol 14 (2) ◽  
Author(s):  
Abdurrahman Konoras
Keyword(s):  
Legal System ◽  
Islamic Law ◽  
Customary Law ◽  
Legal Systems ◽  
Left Behind ◽  
National Legal System

Islamic Law and Customary Law is part of the national legal system in addition to some other legal systems that also give meaning and role. But as a system and legal system, Islamic Law and Customary Law show a clear separation.Thus, both are standing alone and independent. The continuing development of both shows which of them can continue to exist and which of them is increasingly left behind or even reduced in terms of role.

scholarly journals A RETROSPECTIVE OF THE DYNAMICS OF THE LEGAL SYSTEMS OF THE IBERIAN PENINSULA

2021 ◽  
Vol 6 (7(57)) ◽  
pp. 26-32
Author(s):  
Olga Nikolaevna Lobanova
Keyword(s):  
Public Relations ◽  
Iberian Peninsula ◽  
Legal System ◽  
Legal Regulation ◽  
The State ◽  
Primary Role ◽  
Legal Systems ◽  
Cultural Groups ◽  
High Degree

The Kingdom of Spain is a multi-ethnic state, which includes too many ethnic and cultural groups. In this regard, the issues of legal regulation of public relations between the ethnic regions of the State play a primary role in maintaining stability and unity. Thus, the study of the prerequisites and the process of development of the legal system in the Iberian Peninsula region have a high degree of significance.

What Makes Socialist Legal Systems Socialist?

2019 ◽  
pp. 131
Author(s):  
WILLIAM ELLIOTT BUTLER
Keyword(s):  
Special Reference ◽  
Legal System ◽  
The Other ◽  
Legal Systems ◽  
Legal Change ◽  
Legal Tradition ◽  
Legal Development ◽  
Legal Studies ◽  
Chinese Characteristics ◽  
National Legal System

The author re-examines in this article the foundations for the traditional classifications of legal systems in comparative legal studies and suggests the usefulness of a kaleidoscopic perception of legal classifications and change, commencing from the revolutions of 1917 down to the present with special reference to the enduring impact on Asian legal systems. China, Mongolia, Vietnam, and Laos, together with Cuba and Ethiopia, are arguably the surviving systems of the socialist legal tradition – few in number but massive in population. Various perspectives are suggested for classifying legal systems. None are regarded as mutually exclusive; that is, a single national legal system may display features of several familial characteristics. A substantial list of possible characteristics of socialist legal systems is given, as is a lengthy enumeration of possible categories of families of legal systems: socialist/totalitarian, technocratic, formalist, transitional, RomanoGermanic, mixed, Slavic, Eurasian, among others. With respect to Asian socialist legal systems, the article asks whether it is descriptively and analytically more correct to, for example, describe China as a “socialist legal system with Chinese characteristics” or a “Chinese legal system with socialist characteristics”. In either event, or a modification of the juxtaposition, the question remains: what factors make China one or the other? Whatever the answer at any given moment in time, a kaleidoscopic perception of legal change and movement looks less for eternal verities than for constant readjustment, constant re-evaluation of the balance of factors that comprise a legal system, and the development of additional relevant criteria that help identify the forces at work in legal development.

Kofin Al Midat S'dom: Jewish Law's Concept of Abuse of Rights

1980 ◽  
Vol 15 (1) ◽  
pp. 49-78 ◽  
Author(s):  
Shmuel Shilo
Keyword(s):  
Legal System ◽  
Jewish Law ◽  
Legal Systems ◽  
Legal Rules ◽  
The Right To Privacy ◽  
System A ◽  
Legal Principle ◽  
Scope Of Application ◽  
The Right ◽  
Made In

The Jewish legal system's concept ofKofin al midat S'dom(kofin, in this essay) is a rule of equity whose scope of application is almost without parallel in other legal systems. Strict translation of this phrase, which is “one is compelled not to act in the manner of Sodom” is not very helpful. The rule is interpreted to mean that if A has a legal right and the infringement of such right by B will cause no loss to A but will remove some harm from, or bring a benefit to B, then the infringement of A's right will be allowed. Such a concept at once brings to mind the modern view concerning abuse of rights. There is, in fact, much in common between the two principles but they are certainly not the same. According to one legal system a certain given fact situation can have the legal principle of abuse of rights applied to it, while in another legal system a different rule of law would be resorted to. To illustrate: In certain jurisdictions the right to privacy is based on the concept of abuse of rights, while in others, as is the case in Jewish law, such a right is independent of the equivalent abuse of rights—kofin. So with other rights such as the right to light or unfair trade competition. An attempt will be made in this essay to show the range and the limits of thekofinprinciple. We will discuss those problems which are dealt with within the framework ofkofineven if their non-Jewish parallel is one which is far from the concept of abuse of rights. Conversely, we will not examine those questions which, in other legal systems, fall within the ambit of abuse of rights but are not looked upon, in Jewish law, as problems to which the rule ofkofinis to be applied, since they have been solved by other legal rules.

scholarly journals Politicо-legal system: structure, components and functions

2021 ◽  
pp. 489-496
Author(s):  
Vera Yavir
Keyword(s):  
Public Relations ◽  
Political Science ◽  
Legal System ◽  
Negative Impact ◽  
System Structure ◽  
Legal Systems ◽  
Long Time ◽  
The Stability ◽  
Definition Of ◽  
The Impact

Іntroduction. For the first time, based on the study of the interaction of political and legal systems, the politicо-legal system is structured, its structure, components and functions are identified. The politicо-legal system is a methodological tool designed to facilitate the study and understanding of the interdependence of policy and law. The politicо-legal system previously have been studied separately within two sciences - political science and jurisprudence. Both systems turned out to be separated on a theoretical level, although in practice they are interconnected. Paying no attention to this interconnection at the scientific level has a negative impact on the quality and effectiveness of the regulation of public relations. The successful functioning of any state governed by the rule of law is impossible without a harmonious combination, coordinated interaction of politics and law in the management of the state and society. Therefore, the aim of the article is to structure the politicо-legal system and identify its components, to clarify the functions. The study of such multilevel, hierarchical and interconnected phenomena, the connection between which has been ignored for a long time, requires the consideration of these objects as complex systems. With the help of this method the following definition of the politicо-legal system is proposed in article. The politicо-legal system is a complex supersystem in which political and legal systems interact. It is a multilevel, complex, interconnected set of interactions and interrelations of politicо-legal institutions and legal means designed to regulate politicо-legal relations, and politicо-legal phenomena arising from this regulation, which ensures the stability and development of politicо-legal sphere . Conclusions. The study of the structure, components, functions of the politicо-legal system system makes it possible to understand its essence, which is manifested in the interaction of law and politics, the peculiarities of the impact on society, the relationship with the internal and external environment. Prospects for further research in this area are inexhaustible, since the theory of political and legal system is just beginning to get scientific shape within the interdisciplinary science - legal political science.

scholarly journals Problemas para el Reconocimiento del Pluralismo Legał en America Latina

2004 ◽  
Vol 24 ◽  
pp. 55-66
Author(s):  
Wolfgand Gabbert
Keyword(s):  
Latin America ◽  
Legal System ◽  
Indigenous Communities ◽  
Short Description ◽  
Legal Systems ◽  
Legal Traditions ◽  
National Legal System ◽  
Two Systems ◽  
America Latina

Short description: The article is dedicated to the problem of traditional legal systems in the indigenous communities of Latin America, for example those in the Highlands of Mexico. These legal systems do not always originate from the pre-Hispanic period and on many occasions are more recent than national laws. They frequently cover same issues as the national legal system, which brings about the problem of overlapping legal traditions. The author explores if and how these two systems can co-exist together. Short description written by Michal Gilewski

scholarly journals Intrusion of international law into the national legal system

2021 ◽  
Vol 5 (1) ◽  
pp. 40-57
Author(s):  
V. F. Anisimov ◽  
Yu. V. Truntsevskiy
Keyword(s):  
Law Enforcement ◽  
International Law ◽  
Legal System ◽  
The State ◽  
Point Of View ◽  
Legal Systems ◽  
Foreign Law ◽  
National Legal System ◽  
International Obligations ◽  
The Law

The subject of the research is the peculiarities of the implementation of international law in national legal systems, the law enforcement practice of the implementation of international legal obligations of the state, doctrinal approaches to the interaction of the norms of international and domestic law. The purpose of the article is to confirm or disprove the hypothesis that the limits, forms and methods of the ex-ante intrusion of international law into the national legal system are determined not only as a result of the agreed will of States, but also against such will, under the influence of the interests of individual States or their political blocs that occupy a dominant position in an international organization. Methodology. The authors use such general theoretical and specific scientific methods as comparative analysis, generalization, interpretation and classification as well as systemic analysis and formal logical methods. The main results. The forms and methods of intrusion of international law into the legal systems are diversified. International law is not limited to interstate relations. Global processes require the development of new scientific approaches to understanding the processes of intrusion of international law into the legal systems of States. These processes require the study of the forms and methods of the impact of international law and international institutions on the national legal order. States are sometimes forced to implement measures developed in the international implementation mechanism (due to the need for international financial assistance as well as the inability to single-handedly defeat internal corruption, create a favorable international image, etc.). The international legal invasion exist already ex – post through the decisions of international judicial bodies or the assertive recommendations of international organizations. Their demands are made not just to comply with international obligations, but to change national legislation. The implementation of the norms of international law in national legal systems should be carried out at the domestic level just as much as it is necessary to fulfill these international obligations. The law enforcement practice in the state is based solely on national principles of law, and it is unacceptable to comply with the requirements from the outside to change them from the point of view of the independence of the state. It is the exclusive right of each State to determine the content of acts of interpretation of international bodies in relation to the decisions and actions of specific States from the point of view of their national interests. We prove that every state has the important right to determine the limits of the invasion of international law in their national legal system: the contents of implementing legislation; the completeness of implementation of the decisions and recommendations of international bodies and courts; the recognition of the extraterritorial validity of foreign law and forms of its implementation. Conclusions. The fundamental principle of international law- pacta sunt servanda – is transforming into a practical imperative – national legislation must change. This is due to the recognition of the jurisdiction of international judicial bodies. This is due to the extraterritorial effect of foreign law; it is connected with the transnational character of the law of international integration entities. This is due to the inability of individual States to resist exponential corruption. The continuous nature of the intrusion of international law into national legal systems is reflected in the various methods of such interference. The article proves the importance of each state having the right to independently determine the limits of the intrusion of international law into their national legal system.

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