scholarly journals Legitimacy of Law: Design and Measurement

2018 ◽  
Vol 5 (2) ◽  
pp. 9-15 ◽  
Author(s):  
I L Chestnov
Keyword(s):  
Legal System ◽  
Social World ◽  
Legal Institutions ◽  
Social Construct ◽  
Government Measure

Legitimacy is the ground of society. However today in all world founded crisis of society confidence. It connected with social world uncertainty. Problem of legitimacy of law is very actual in jury science. Legitimacy like recognition is the essential basis of the rights. Legitimacy of law is social construct, produced by government. Measure of legitimacy of law possible only by illegitimacy of legal relations, legal institutions, legal system indicator.

scholarly journals Institutionalization of Constitutional Norms in the Dynamics of the Subject Matter of the Legal Regulation

2020 ◽  
Vol 15 (3) ◽  
pp. 17-25
Author(s):  
N. E. Taeva
Keyword(s):  
Legal System ◽  
Subject Matter ◽  
Natural Law ◽  
Constitutional Law ◽  
Legal Regulation ◽  
Legal Institutions ◽  
Present Stage ◽  
The Subject

In the paper based on conceptual provisions put forward by Prof. Kozlova, the author sets the objective to identify tendencies that manifest themselves in the development of constitutional and legal institutions at the present stage taking into account the dynamics of the subject of legal regulation, as well as the ongoing transformation of the Russian legal system. In this regard, the author has examined the problem of expanding the field of relations regulated under constitutional law. The author has concluded about the blurring of boundaries between institutions of constitutional law, which entails the problem of attribution of norms to a particular institution. The paper has analyzed the issue of emergence of intersectoral institutions that can be characterized as neither public nor private, as neither substantive nor procedural. This leads to the need to change the very approach to the concept of “institution of law.” It is concluded that constitutional law institutions can contain unwritten legal regulators that can include both rules of natural law and rules of conduct developed directly in the society.

A culture of disputing: how did Cairenes use the legal system?

2017 ◽  
Author(s):  
James E. Baldwin
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Institutions ◽  
System P

Chapter 6 examines how Cairene litigants navigated the multiplicity of forums and practices with overlapping jurisdictions that constituted Cairo’s legal system. Moving away from the state-centric orientation of much Ottoman historiography, this chapter adopts the perspective of the legal consumer in order to discover how legal institutions were used, rather that the role the state intended them to play. The chapter emphasizes the lack of formal hierarchies or defined relationships between the different legal forums, and argues that this jurisdictional imprecision offered litigants opportunities to manipulate the system’s pluralism to their own advantage.

scholarly journals Burning the Rechtsstaat: legal institutions and protection of the rule of law

2020 ◽  
Vol 17 (1) ◽  
pp. 105-131
Author(s):  
Christopher A. Hartwell ◽  
Mateusz Urban
Keyword(s):  
Rule Of Law ◽  
Legal System ◽  
Political Institutions ◽  
Institutional Context ◽  
Economic Outcomes ◽  
Legal Institutions ◽  
Economic Literature ◽  
The Rule Of Law ◽  
The Past

AbstractThe economic literature is clear that transparent and impartial rule of law is crucial for successful economic outcomes. However, how does one guarantee rule of law? This paper uses the idea of ‘self-reinforcing’ institutions to show how political institutions may derail rule of law if associated judicial institutions are not self-reinforcing. We illustrate this using the contrasting examples of Estonia and Poland to frame the importance of institutional context in determining both rule of law and the path of legal institutions. Although starting tabula rasa for a legal system is difficult, it worked well for rule of law in Estonia in the post-communist transition. Alternately, Poland pursued a much more gradualist strategy of reform of formal legal institutions; this approach meant that justice institutions, slow to shed their legacy and connection with the past, were relatively weak and susceptible to attack from more powerful (political) ones. We conclude that legal institutions can protect the rule of law but only if they are in line with political institutions, using their self-reinforcing nature as a shield from political whims of the day.

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 Legal Reform: China's Law-Stability Paradox

Daedalus ◽  
2014 ◽  
Vol 143 (2) ◽  
pp. 96-109 ◽  
Author(s):  
Benjamin L. Liebman
Keyword(s):  
Legal System ◽  
Social Transformation ◽  
Legal Reform ◽  
Legal Institutions ◽  
Rule Based ◽  
Regime Legitimacy ◽  
Citizen Complaints ◽  
The Law ◽  
Party State

In the 1980s and 1990s, China devoted extensive resources to constructing a legal system, in part in the belief that legal institutions would enhance both stability and regime legitimacy. Why, then, did China's leadership retreat from using law when faced with perceived increases in protests, citizen complaints, and social discontent in the 2000s? This law-stability paradox suggests that party-state leaders do not trust legal institutions to play primary roles in addressing many of the most complex issues resulting from China's rapid social transformation. This signifies a retreat not only from legal reform, but also from the rule-based model of authoritarian governance that has contributed much to the resilience of the Chinese system. The law-stability paradox also highlights the difficulties facing efforts by China's new leadership to reinvigorate legal reform.

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.

Hukum dan Kearifan Lokal Dalam Penyelesaian Perselisihan Hubungan Industrial

2021 ◽  
Vol 13 (1) ◽  
pp. 115-138
Author(s):  
Ashadi L. Diab ◽  
Iskandar Iskandar
Keyword(s):  
Legal System ◽  
Industrial Relations ◽  
District Court ◽  
Legal Institutions ◽  
Legal Change ◽  
Legal Certainty ◽  
Department Of Labor ◽  
Difference Of Opinion

This study discusses how is the implementation of industrial relations resolution through the industrial relations court in the Kendari District Court? Is the local wisdom-based approach capable of providing legal certainty to both parties? To what extent is the District Court's efforts to resolve disputes through a local wisdom approach?In this study, the author uses the theory of legal change and the legal system and the theory of conflict. The results of the study indicate that the settlement of industrial relations disputes is a difference of opinion which results in conflicts between employers or a combination of employers and workers / laborers.                 In order to resolve industrial relations disputes, it can be done in two ways. First, through the pathway outside the industrial relations court, which includes mediation, conciliation, bipatrite and arbitration based on local wisdom. The second is through the industrial relations court.             The local wisdom-based approach is very able to provide legal certainty through out-of-court channels, but the place to process through local wisdom is not yet adequate or there is no proper Regional Regulation that regulates it, especially in Kendari, Southeast Sulawesi. So that if there is a Regional Regulation, it is easier for the Department of Labor to process based on the applicable rules that are compounds with local wisdom. The efforts of the District Court in resolving disputes through a local wisdom approach. A number of facts show that cases handled by legal institutions before the birth of Law No. 13 of 2003 and Law No. 2 of 2004, not fully resolved. With the birth of the two laws mentioned above, most of the shortcomings as previously happened can be overcome

REVIEW ON: NEVSKAYA, T.A., ZVEREVA, K.A. THE DEVELOPMENT OF THE DEMOCRATIC INSTITUTIONS ON THE NORTH CAUCASUS IN THE 18TH – THE FIRST QUARTER OF THE 20TH CENTURY: FROM THE TRADITIONAL SELF-RULE TILL THE SOVIET LEGAL SYSTEM. STAVROPOL: NORTH CAUCASIAN FEDERAL UNIVERSITY, 2019. 184 P.

2020 ◽  
Author(s):  
Е.В. Калинина
Keyword(s):  
20Th Century ◽  
Legal System ◽  
Common Law ◽  
Legal Institutions ◽  
Democratic Institutions ◽  
North Caucasus ◽  
The North ◽  
The Common ◽  
Self Rule ◽  
Administrative Structures

Дан анализ содержания монографии, в которой рассматривается эволюция демократических институтов у славянского населения Северного Кавказа. В рецензии приведена характеристика положений и выводов авторов монографии относительно развития традиционного самоуправления, организации выборов в различные органы власти и административные структуры. Положительной оценки заслуживает то, что подняты вопросы обычного права крестьян и казаков, а также показана специфика дворянского самоуправления на Северном Кавказе. На конкретных примерах рассмотрен процесс внедрения советской правовой системы, вытеснившей традиционные правовые институты. Приведены также замечания относительно содержания монографии. The content of the monograph is analyzed, which examines the evolution of democratic institutions among the Slavic population of the North Caucasus. The review provides a description of the presumptions and conclusions of the authors of the monograph regarding the development of traditional self-government, the organization of elections to various authorities and administrative structures. The fact, that the questions of the common law of peasants and Cossacks are raised in the research, deserves positive appraisal, the specifics of the noble self-government in the North Caucasus are also shown. The process of introducing the Soviet legal system, which supplanted traditional legal institutions, was examined via relevant examples. The contents of the monograph are commented in the review.

Have Ferguson and Its Companions Contaminated Black Support for Legal Institutions?

2018 ◽  
Author(s):  
James L. Gibson ◽  
Michael J. Nelson
Keyword(s):  
African Americans ◽  
Supreme Court ◽  
Legal System ◽  
Police Officers ◽  
Representative Sample ◽  
Institutional Support ◽  
Legal Institutions ◽  
Nationally Representative ◽  
High Bench ◽  
The U.S

Given that African Americans have been victimized by the abuses of individual police officers as well as by discriminatory public policies such as “stop-and-frisk,” it is no surprise that considerable alienation seems to characterize the contemporary relationship between African Americans and the legal institutions that govern them. But have those attitudes poisoned more general views of legal institutions such as the U.S. Supreme Court? Using a nationally-representative sample of African Americans, we assess whether blacks generalize from their experiences with local authorities to perceptions of legal system fairness, and further to institutional support for the high bench. While we find that perceptions of legal system fairness have not undermined Supreme Court legitimacy, all of the relationships we consider are found to be conditional upon the nature of group attachments.

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