scholarly journals Problems and Prospects of Research of Legal Life of a Person and Society

2018 ◽  
Vol 5 (1) ◽  
pp. 96-101
Author(s):  
E A Popov
Keyword(s):  
Social Sciences ◽  
Public Relations ◽  
National Culture ◽  
Legal System ◽  
Essential Elements ◽  
Cultural Development ◽  
Traditional Values ◽  
Legal Norms ◽  
The Relationship

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.

The Role of the Judiciary and Its Relationship to the Convention on the Rights of Persons with Disabilities

2018 ◽  
Author(s):  
Lisa Waddington
Keyword(s):  
Legal System ◽  
Amicus Curiae ◽  
Persons With Disabilities ◽  
Legal Duty ◽  
The Relationship ◽  
Do So

This chapter examines the role of the judiciary with regard to the Convention on the Rights of Persons with Disabilities (CRPD). It considers the relationship which the judiciary have or appear to perceive themselves as having with the CRPD and explores some of the factors seemingly prompting courts to refer to it. The first section reflects on: whether judges are able to choose to refer to the Convention or have a legal duty to do so; the significance of the fact that the CRPD is international law; and whether judges appear to see themselves merely as domestic actors, or as agents or trustees of the CRPD. The second section explores whether judges are referring to the CRPD in response to arguments raised before the court or doing so of their own volition. Also considered are the relevance of amicus curiae interventions; reasons for referral related to the domestic legal system; and the role of particularly engaged individuals.

The International Legal Personality of the Individual

2018 ◽  
Author(s):  
Astrid Kjeldgaard-Pedersen
Keyword(s):  
International Law ◽  
Legal Rights ◽  
Legal Personality ◽  
Legal Norms ◽  
State Of Affairs ◽  
The Individual ◽  
International Legal Personality ◽  
The Relationship ◽  
Second World

This book scrutinizes the relationship between the concept of international legal personality as a theoretical construct and the position of the individual as a matter of positive international law. By testing four main theoretical conceptions of international legal personality against historical and existing international legal norms that govern individuals, the book argues that the common narrative about the development of the role of the individual in international law is flawed. Contrary to conventional wisdom, international law did not apply to States alone until the Second World War, only to transform during the second half of the twentieth century to include individuals as its subjects. Rather, the answer to the question of individual rights and obligations under international law is—and always was—solely contingent upon the interpretation of international legal norms. It follows, of course, that the entities governed by a particular norm tell us nothing about the legal system to which that norm belongs. Instead, the distinction between international and national legal norms turns exclusively on the nature of their respective sources. Against the background of these insights, the book shows how present-day international lawyers continue to allow an idea, which was never more than a scholarly invention of the nineteenth century, to influence the interpretation and application of contemporary international law. This state of affairs has significant real-world ramifications as international legal rights and obligations of individuals (and other non-State entities) are frequently applied more restrictively than interpretation without presumptions regarding ‘personality’ would merit.

Evolving Views of Islamic Law in Turkey

2013 ◽  
Vol 28 (2) ◽  
pp. 467-487 ◽  
Author(s):  
Russell Powell
Keyword(s):  
Islamic Law ◽  
Empirical Studies ◽  
Exceptional Case ◽  
Legal Norms ◽  
Muslim Countries ◽  
Law And Politics ◽  
Legal Opinions ◽  
Turkish Constitution ◽  
The Relationship

The tradition of Kemalist secularism (laiklik) in Turkey is often cited to distinguish Turkey as an exceptional case among predominantly Muslim countries. While it is true that the Turkish Constitution, laws, and legal opinions approach the relationship between the state and religion very differently than those of Iran, Saudi Arabia, Egypt, or even Indonesia, it would be wrong to underestimate the role that religion plays in the formation of Turkish legal norms, including citizen understanding of those norms. There is a wealth of literature describing the nature of Turkish secularism and its evolution. A number of both quantitative and qualitative studies inquire about the preference forShari'aamong Turkish voters. The typical question asks whether respondents favor the establishment of aShari'astate. Over the past fifteen years, these surveys have received response rates ranging between five and twenty-five percent in favor of such a state. However, these results are extremely problematic, because they do not provide any context or meaning for “the establishment of aShari'astate,” either for those who favor it or for those who oppose it. This study begins to unpack the range of possible meanings attributed toShari'awithin Turkey, both among voters and among intellectuals, as a framework for future empirical studies and as a basis for deeper understandings of the role of Islam within Turkish law and politics.

Digital Technology at the Edge of Capitalism

2021 ◽  
Vol 28 (3) ◽  
pp. 1-39
Author(s):  
Débora De Castro Leal ◽  
Max Krüger ◽  
Vanessa Teles E. Teles ◽  
Carlos Antônio Teles E. Teles ◽  
Denise Machado Cardoso ◽  
...  
Keyword(s):  
New Technology ◽  
Economic Life ◽  
Global Capitalism ◽  
Traditional Values ◽  
Brazilian Amazon Region ◽  
Specific Material ◽  
Culture And Development ◽  
Global Systems ◽  
The Relationship

It is sometimes argued that there is hardly a place in the world in the 21st century left untouched by global capitalism [111, 112]. Even so, some places remain at the periphery, participating in this system without being fully absorbed by it. In this article, we take a detailed look at the economic life of such a “pericapitalist” [161] community in the Brazilian Amazon region. We detail how the community increasingly participates in global systems and supply chains, yet also organizes economic life around local and traditional values. We pay special attention to the role of digital technologies in the community, including mobile phones and internet. The contribution of the article is as follows: firstly, it provides a detailed analysis of the material practices of a community at the edge . Secondly, it draws attention to the heterogeneous nature of responses to global capitalism, formed from the relationship between specific material practices, new technology, and elements of cultural identity. Thirdly, it argues for an increased sensibility towards these different relations to capitalism when considering design implications. We argue that close attention to material practice goes some way towards resolving those tensions and, further, provides for an appeal to a more pluralistic views of culture and development [61].

Natural resource and post-resource relations: the hierarchy of branches and the ratio of subjects

2021 ◽  
Vol 12 (3) ◽  
Author(s):  
Deineha Maryna ◽  
◽  
Marinich Volodymyr ◽  
Keyword(s):  
Public Relations ◽  
Natural Resources ◽  
Natural Resource ◽  
Social Relations ◽  
Legal System ◽  
Legal Regulation ◽  
Human Needs ◽  
Forest Law ◽  
Environmentally Sound ◽  
The Relationship

The article examines the place of Natural Resource Law and post-resource branches of law in the legal system, proposes a hierarchy of these branches and outlines the relationship between the subjects of natural resource and post-resource relations. The subject of legal regulation of Natural Resource Law is defined as qualitatively homogeneous natural resource relations, consisting of the use and reproduction of natural resources – a legally defined part of the environment that have signs of natural origin and are in ecological relationship with the environment and with each other, can be used as a source of meeting human needs. All natural resources, as well as the relationship to their use and reproduction, are closely linked. This connection will always be inseparable and reciprocal. It is established that in the system of Natural Resource Law public relations regarding the use and reproduction of certain natural resources are in fact its subsectors and provide a differentiated approach to the environmentally sound use of each of the relevant natural resources. Natural Resource Law is not a conglomeration of land, water, forest and subsoil law, but their qualitative unity based on a single nature, factors of development and the internal structure of social relations. It is concluded that neither the long history of legislation, nor a significant amount of regulations that are sources of post-resource industries, are grounds for denying the inseparable and mutual connection of post-resource branches of law with each other and with Natural Resource Law and the objective need for separation independent branch of Natural Resource Law. Keywords: Natural Resource Law, land law, water law, forest law, subsoil law, faunal law, floristic law, natural resource relations, post-resource relations, legal system, branch of law

Zur Frage der doktrinellen Auslegung des Artikels 61 Pkt. 3 der Verfassung der Republik Kasachstan

2021 ◽  
Vol 67 (2) ◽  
pp. 133-144
Author(s):  
Ermek B. Abdrasulov
Keyword(s):  
Public Relations ◽  
Social Relations ◽  
Legal Regulation ◽  
Legislative Process ◽  
Legal Norms ◽  
The Law ◽  
The Republic ◽  
Definition Of ◽  
The Relationship ◽  
National Business

This article examines the issues of differentiation of legislative and subordinate regulation of public relations. It is noted that in the process of law-making activities, including the legislative process, practical questions often arise about the competence of various state bodies to establish various legal norms and rules. These issues are related to the need to establish a clear legal meaning of the constitutional norms devoted to the definition of the subject of regulation of laws. In particular, there is a need to clarify the provisions of paragraph 3 of Article 61 of the Constitution of the Republic of Kazakhstan in terms of the concepts "the most important public relations", "all other relations", "subsidiary legislation", as well as to establish the relationship between these concepts. Interpretation is also required by the provisions of p. 4 of Article 61 of the Constitution in terms of clarifying the question of whether the conclusion follows from mentioned provisions that all possible social relations in the Republic of Kazakhstan are subject to legal regulation, including those that are subject to other social and technical regulators (morality, national, business and professional traditions and customs, religion, standards, technical regulations, etc.). Answering the questions raised, the author emphasizes that the law and bylaws, as a rule, constitute a single system of legislation, performing the functions of primary and secondary acts. However, the secondary nature of subsidiary legislation does not mean that they regulate "unimportant" public relations. The law is essentially aimed at regulating all important social relations.

scholarly journals The Study of Music Teaching in Universities and the Inheritance of National Music Culture

2019 ◽  
Vol 3 (2) ◽  
pp. 159
Author(s):  
Xuenan Yang
Keyword(s):  
Education Reform ◽  
National Culture ◽  
Education System ◽  
Positive Impact ◽  
Music Teaching ◽  
Music Culture ◽  
Music Literacy ◽  
National Music ◽  
The Relationship

<p>With the development of the society and the progress of the time, the pace of China's education reform is more and more steady. The development of the education system is gradually perfect. Music teaching is an indispensable part of the teaching system of colleges and universities, which has a positive impact on the improvement of students' music literacy. However, due to the interference of various factors, the national music culture has not been well inherited and developed, leading to the increasingly westernized development of music in China. This paper analyzes and discusses the relationship between university music teaching and national culture in detail, and puts forward a series of strategies and programs that are conducive to the inheritance of national music culture, which plays a role of reference and reference for university music teaching.</p>

scholarly journals THE ROLE OF JUDICIAL PRACTICE IN THE LEGAL SYSTEM: RUSSIAN EXPERIENCE IN THE WORLD CONTEXT

2017 ◽  
pp. 40-49 ◽  
Author(s):  
Виктор Момотов ◽  
Viktor Momotov
Keyword(s):  
Legal System ◽  
Negative Attitude ◽  
Case Law ◽  
Legal Framework ◽  
Legal Systems ◽  
Legal Norms ◽  
Judicial Practice ◽  
The Usa ◽  
Anglo American

In Russian legal science there is a wide-spread belief according to which legal precedents are not sources of Russian law, because Russian legal system forms a part of continental legal system. Various researchers believe that judicial practice does not contain legal norms and consequently case law is not a component of Russian legal framework. The present paper contains the theoretical and historical legal research of the place and role of case law in Anglo-American and continental legal systems. It’s shown that for long historical periods legal precedents were recognized as sources of law not only in Great Britain and the USA, but also in major European legal systems, while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated. Furthermore, based on the research of various legal scholars’ traditions (principally of the positivistic and the sociological traditions) this article demonstrates that negative attitude towards case law is largely determined by the formalistic and obsolete understanding of the term ”source of law”, coming from the misinterpretation of positivism. The paper also presents the current development trends of case law as a source of law. In particular the article outlines the proactive interpretations of new statutory provisions issued by the Plenum of the Supreme Court of the Russian Federation, the global uniqueness of such interpretations and the influence of scientific–technological progress and public needs on the highest court’s interpretations. The mutual interference of case law and statutory law is shown.

Stages of the formation of the Islamic concept of international law in the medieval and modern time

2021 ◽  
Author(s):  
Marina Okladnaya ◽  
Olena Hurenko
Keyword(s):  
International Law ◽  
Middle Ages ◽  
Significant Influence ◽  
Main Body ◽  
Traditional Values ◽  
Legal Norms ◽  
The World ◽  
Relationship Of ◽  
The Relationship ◽  
The Middle Ages

Problem setting. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity. Analysis of recent researches and publications. The Islamic science of international law is in the process of development, during which its representatives try to combine the traditional values of Islam with the basic principles of modern international law. Among the scientists who made a significant contribution to the study of the Islamic concept of international law, its historical development and the modern situation, one can distinguish such as A. Butkevich, L. Sukiyainen, Al-Shaybani, Muhammad ibn al-Hasan, V. Knapp, M. Sana, Sardar Ali S., Hilmli M. Zavati, A. Merezhko, B. Feldman and others. Target of research. Study of the Islamic concept of international law, analysis and comparison of content, significance of Islamic international law in the Middle Ages and modern times. Article’s main body. The article is devoted to the main stages of the formation of one of the most important systems of international law – Islamic, which is a collection of unique traditional values, legal norms and customs of Islam. The stages of development in the Middle Ages and the connection with modernity were investigated, the main features in the Middle Ages were determined. Conclusions and prospects for the development. Islamic international law is a set of Islamic norms and customs that govern the relationship of Muslim States and Muslims with non-Muslim States, as well as with Muslim individuals within and outside the world of Islam. Islam has come a long and difficult way from the emergence of religion in modern ideology. It is considered one of the leading religions of the world and has a significant influence on a large number of people and states, so it is advisable to study one of the outstanding stages of the formation of the Islamic system in the field of international law, namely the Middle Ages and find out its connection with modernity.

The role of volunteering in finding a job from the perspective of employers

2021 ◽  
Vol 36 (4) ◽  
pp. 119-140
Author(s):  
Paulina Tetwejer
Keyword(s):  
Social Sciences ◽  
Labour Market ◽  
Communication Skills ◽  
Interpersonal Skills ◽  
Effective Communication ◽  
Research Results ◽  
Knowledge And Attitudes ◽  
Group Cooperation ◽  
The Relationship

The article is a presentation of a part of the results of research conducted during work on the dissertation. In the introduction, theoretical references to understanding volunteering from various perspectives were indicated. It also emphasizes the understanding of volunteering as an opportunity to develop professional competences of a volunteer. Consequently, the next part of the article is an argument on the relationship between volunteering and professional competences. The author indicates specific skills, knowledge and attitudes that, according to the literature, can be acquired during volunteering. Subsequently employers’ expectations towards the characteristics of future employees, as well as their attitude to volunteering are described. This part is based on research conducted, among others, by the Warsaw School of Economics. Then, the author presents the results of her own research conducted among employers of social sciences students and their perception of volunteering and the opportunities it creates for the development of competences. The analysis of the research results allows us to believe that volunteers, during their activity, gain mainly practical and industry knowledge. Among the skills indicated were group cooperation, interpersonal skills and effective communication. The attitudes that volunteers acquire thanks to their actions are: resourcefulness, responsibility, sensitivity and empathy. At the end, the results of the author’s research on competences acquired by volunteers were compared with the competences desired by employers and the existing competency gap. The analysis of all answers confirms that communication skills, openness, teamwork and industry knowledge are competences that are desirable in an ideal graduate, who most often has a competency gap in this area. At the same time, these are competences that can be acquired through volunteering. The research results may suggest that people entering the labour market, but also employers, are interested in volunteering as a way to increase their chances on the labour market.

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