The Role of Court and Lawyers in the Change of Legal Culture- The Revitalization of Court-Annexed Civil Mediation -

2014 ◽  
Vol 42 (null) ◽  
pp. 443-475 ◽  
Author(s):  
Youngh Jung
Keyword(s):  
Legal Culture ◽  
Civil Mediation

Scriptural Battlefields: The Old Testament, Legal Culture, and the Polemics of the Spanish New World Empire, 1492–1821

2019 ◽  
Author(s):  
Jorge Cañizares-Esguerra ◽  
Adrian Masters
Keyword(s):  
Old Testament ◽  
Social Order ◽  
New World ◽  
Legal Culture ◽  
Spanish Empire ◽  
Correct Interpretation ◽  
Group Status ◽  
History Of ◽  
New Social Order

Scholars have barely begun to explore the role of the Old Testament in the history of the Spanish New World. And yet this text was central for the Empire’s legal thought, playing a role in its legislation, adjudication, and understandings of group status. Institutions like the Council of the Indies, the Inquisition, and the monarchy itself invited countless parallels to ancient Hebrew justice. Scripture influenced how subjects understood and valued imperial space as well as theories about Paradise or King Solomon’s mines of Ophir. Scripture shaped debates about the nature of the New World past, the legitimacy of the conquest, and the questions of mining, taxation, and other major issues. In the world of privilege and status, conquerors and pessimists could depict the New World and its peoples as the antithesis of Israel and the Israelites, while activists, patriots, and women flipped the script with aplomb. In the readings of Indians, American-born Spaniards, nuns, and others, the correct interpretation of the Old Testament justified a new social order where these groups’ supposed demerits were in reality their virtues. Indeed, vassals and royal officials’ interpretations of the Old Testament are as diverse as the Spanish Empire itself. Scripture even outlasted the Empire. As republicans defeated royalists in the nineteenth century, divergent readings of the book, variously supporting the Israelite monarchy or the Hebrew republic, had their day on the battlefield itself.

THE ROLE OF MASS MEDIA IN INCREASING THE POLITICAL AND LEGAL CULTURE OF YOUTH

2021 ◽  
Author(s):  
Dilshodabonu O‘rolova
Keyword(s):  
Mass Media ◽  
Legal Culture ◽  
The Political

Мазкур тезисда оммавий ахборот воситаларининг ёшлар сиёсий ҳамда ҳуқуқий маданиятини оширишдаги ўрни аниқланган. Ёшлар орасида ижтимоий сўровномалар ўтказилган ва аввалги сўровномалар натижалари билан таққосланган. Масс-медианинг бу борадаги ролини янада кучайтириш борасида таклифлар берилган.

scholarly journals Digital Law and Problems of Gradual Transformation of the Russian Legal System

Lex Russica ◽  
2019 ◽  
Vol 1 (9) ◽  
pp. 9-18
Author(s):  
V. N. Sinyukov
Keyword(s):  
Social Relations ◽  
Legal System ◽  
Legal Culture ◽  
Legal Regulation ◽  
Legal Tradition ◽  
Legal Form ◽  
Culture Development ◽  
Digital Law ◽  
Gradual Transformation

The relevance of the topic of the balance between the system of law and processes of digitalization of legal regulation is preconditioned by fundamental changes that are taking place in the legal system of Russia due to current technological challenges. The author qualifies changes under consideration as the processes of gradual transformation of law and its system. The article explores the dynamics of evolution of the legal understanding of the world due to technical progress. The author concludes that the new technological lifestyle pattern changes not only the usual lifestyle of people, but also the nature of legal regulation. The problem of consistent legal interpretation of the technological revolution is presented. It is concluded that the preservation of the systemic unity of the legal form is possible on the basis of the step-by-step revision of foundations of macroorganization of law. The paper demonstrates the difference between the current period of development of law and the classical epoch that proves the fact that the legal culture is about to include the virtual world into its subject matter. A sectoral approach based on monodimensional or complex subjects and methods of legal regulation can no longer provide for the comprehensive understanding of the nature of law. The paper depicts the evolution of notions of the norm and institute of law on the basis of symbiosis of deontic and behavioral elements that characterize the concept of legal technology. The conclusion about normativity of technological processes is made. The article substantiates the place and role of digital law in the process of gradual transformation of the legal system. The article justifies the provision that digital law performs the function of restructuring the legal system. The article reveals the subjects and methods of digital law as a source of law having impact on social relations. The author suggests the concepts of digital environment that creates a new type of lawyerism, namely: digital and analog law, and describes the correlation between them. The author puts forward the hypothesis of fundamental and applied law, describes their subject areas. On the basis of the analysis of the structural evolution of the legal system in the context of technological changes, the author provides for the forecast of parameters of the future legal order. It is concluded that conflicts of virtual and classical legal orders can be resolved under norms of digital law that eliminate the contrasting sides of legal permits and prohibitions. The author poses the issues regarding subjects of digital legal culture development, the new legal language, the role of analog law in restructuring the legal system, the balance between digital law and national legal tradition. The hypothesis of national models of digitalization of legal culture is put forward.

scholarly journals DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

2021 ◽  
Author(s):  
Nataliia Onishchenko
Keyword(s):  
Civil Society ◽  
Civic Education ◽  
Legal Culture ◽  
The State ◽  
Legal Consciousness ◽  
Legal Science ◽  
Law Making

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

THE ROLE OF MASS MEDIA AND SOCIAL NETWORKS IN THE FORMATION OF LEGAL AWARENESS OF YOUNG PEOPLE

2021 ◽  
Vol 74 (2) ◽  
pp. 123-128
Author(s):  
M. Zhumagulov ◽  
Keyword(s):  
Social Networks ◽  
Young People ◽  
Mass Media ◽  
Legal Education ◽  
Legal Culture ◽  
Educational Work ◽  
Main Requirement ◽  
The Media ◽  
The Mass Media

In the proposed article, the author describes the content and directions of the forms of influence of mass media and social networks on the legal culture of young people. Due to the fact that the media and social networks are carriers of modern information, scientific works and their own expert approaches were presented in determining their role in the dissemination of legal knowledge, legal education, legal propaganda. The mass media actively act as a means of conducting legal education among young people. The mass media and the Internet, which inform young people about illegal actions and conduct propaganda on the way to raising the level of legal culture as the main factor in preventing it, are an important tool for combating lawlessness. Conducting legal educational work among young people through the media is the main requirement for the creation of a rule of law State and civil society.

The Ambivalent Role of Experiential Learning in American Legal Education and the Problem of Legal Culture

2009 ◽  
Vol 10 (6-7) ◽  
pp. 815-822 ◽  
Author(s):  
David M. Siegel
Keyword(s):  
Experiential Learning ◽  
Adjunct Faculty ◽  
Legal Education ◽  
Legal Culture ◽  
Theory And Practice ◽  
Skills Development ◽  
Recent Criticism ◽  
Full Time ◽  
Experiential Techniques

Recent criticism of American legal education has focused on its being theory-driven rather than practice driven, which either produces or reinforces a divide or gap between theory and practice. Yet two features of American legal education expressly draw upon experiential learning, one directly by sending students into experiential learning situations (legal clinics) and the other indirectly by bringing instructors who are engaged full-time in active practice into the classroom (i.e. adjunct faculty). If skills development is a feature of American legal education, to what degree can, or should, this be transplanted to other systems of legal education? Are American experiential techniques of legal education meaningful elsewhere?

European Legal Culture and WTO Dispute Settlement: Thirty Years of Socio-Legal Transplants from Brussels to Geneva

2020 ◽  
Vol 19 (1) ◽  
pp. 107-133
Author(s):  
Tommaso Soave
Keyword(s):  
Significant Contribution ◽  
Dispute Settlement ◽  
Legal Culture ◽  
The Self ◽  
Political Environment ◽  
Appellate Body ◽  
Wto Dispute Settlement ◽  
The Social ◽  
Trade Measures

Abstract This article argues that the legal culture of EC/EU institutions has made a significant contribution to the ethos, the style, and the tone of WTO dispute settlement bodies. Areas of alignment between the two regimes include the self-perceived role of adjudicators vis-à-vis their political environment and the jurisprudence on the ‘necessity’ of non-trade measures. Based on these premises, the article traces some of the social and professional pathways through which European sensibilities and perspectives have found their way from Brussels (and Luxembourg) to Geneva. In particular, it describes the convergent trajectories of the EC/EU and the GATT/WTO professional communities. The goal of the analysis is to provide a fresh outlook on the ongoing diplomatic stalemate surrounding the future of the Appellate Body and WTO dispute settlement at large.

Consequences of changing expectations to law and its institutions

2015 ◽  
Vol 83 (3-4) ◽  
pp. 461-486
Author(s):  
Sören Koch
Keyword(s):  
19Th Century ◽  
Crucial Role ◽  
Historical Perspective ◽  
State Power ◽  
Legal Culture ◽  
Legal Order ◽  
Appellate Courts ◽  
Close Relationship ◽  
The 19Th Century

The paper focuses on the reasons for and effects of the establishment of appellate courts in Norway. Based on the assumption that the introduction of an appellate system was caused by – and at the same time produced – expectations of law, the author reconstructs central features of the Norwegian legal order and its surrounding legal culture. By especially looking at the crucial role of the legal office of the lawman (lagmann), both in the development of the judicature in general and especially in the courts of appeal, the legacy of the medieval popular assembly (þing / ting) is traced back to its historical roots. The author identifies a close relationship between the increasing influence of state power, the demand for an effective judiciary and prevailing ideals of justice. The result was a not always intended but continuous professionalisation of the judges until the 19th century. The introduction of a jury – consisting of lay judges – appears on this background as aberration. However, as expectations on law had changed, the participation of lay judges had become a political desire in Norway from approximately 1830. To support this political claim the judiciary was restructured by applying a deeply unhistorical perception of the judiciary’s historical roots. Due to contradicting political tendencies it took about 60 years to finally establish the jury-system. Despite the fact that the institution of the jury was constantly criticized by legal scientists and legal practitioners alike and despite losing its political backing already decades ago, it still continues to exist. Obviously, the romantic notion of folks-courts still has not lost its attraction jet. The paper demonstrates that this notion is – seen from a historical perspective – unsustainable.


scholarly journals International Trade and Development Law: A Legal Cultural Critique

2011 ◽  
Vol 4 (2) ◽  
Author(s):  
Colin Picker
Keyword(s):  
International Trade ◽  
International Law ◽  
International Development ◽  
Effective Interaction ◽  
Legal Culture ◽  
Cultural Critique ◽  
Legal Systems ◽  
Legal Traditions ◽  
The World

To the extent that international trade and development policy employs legal methods, institutions and participants, there is a need to take into account the role of legal culture. There are many different legal cultures in the world, including the widely found common and civil law traditions, as well as the many non-western legal traditions and sub-traditions found within the hundreds of different legal systems spread across the globe. International law has, however, traditionally eschewed consideration of legal culture—arguing that international law is unique, is sui generis, and as such domestic legal traditions were not relevant. Yet, the humans involved in creating and nurturing international legal fields and institutions will themselves reflect the legal culture of their home states, and will often import aspects of those legal cultures into international law. The same must be true of international development law. In addition, international legal fields, such as international development law, must often work within domestic legal systems, and as such they will directly interact with the domestic legal traditions. It is thus important to understand the interaction between the legal cultures reflected in the relevant part of that international law and in that of the domestic legal system. Such an understanding can be useful in ensuring the effective interaction of the two systems. This paper explores these themes, continuing the author’s past and ongoing consideration of the role of legal culture in international law, including its role within institutions such as the World Trade Organization.

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