scholarly journals Jog a középkori Japánban

2017 ◽  
Vol 8 (2016/2) ◽  
Author(s):  
Dániel Hornos
Keyword(s):  
Social Structure ◽  
Legal System ◽  
The State ◽  
Medieval Japan ◽  
The Social ◽  
Kamakura Period ◽  
Penal Law ◽  
The Subject ◽  
Japanese Law ◽  
Historical Periods

Learning about a culture by analysing the legal system of the state coulddeepen our understanding of that country, in the present case, Japan. Thereare already countless researches conducted on the current legal system orconstitution of Japan in Hungary, as well as in other Western countries. However, there is not much information about the legal system of the historicalperiods of Japan. Nevertheless, these historical periods should not be forgotten. For example, in medieval Japan a new legal system was born. It was freefrom foreign influence and bared marks of the social structure and customsof that period. This legal system was called bukehō 武家法, “law of thewarrior families”. The purpose of my research is to present the Kamakura 鎌倉 period’s bukehō, an independent legal system established by the warriorclass. I researched the subject as a scholar student in Japan, principally usingJapanese language materials.In my paper, first I introduce the development of the Kamakura shogunateand its main offices. In the next section, I examine the characteristics of themedieval Japanese law in general. In the last part, I focus on the bukehō ofthe Kamakura period. I look at the various rules and features of several areasof law such as sources of law, civil and penal law, and the types of lawsuits.

scholarly journals Historical evolution of the judicial system of Ancient Russia in the aspect of customary law

2021 ◽  
pp. 126-131
Author(s):  
Nan Gong ◽  
I. I. Fedorov
Keyword(s):  
Coercive Force ◽  
Legal System ◽  
The State ◽  
Judicial System ◽  
Customary Law ◽  
Positive Law ◽  
Feudal Society ◽  
Self Defense ◽  
Primitive Society ◽  
The Social

The formation of the Russian procedural legal system is closely connected with its unique historical evolution. Russian Russian culture According to the Norman theory of the origin of the Russian nation, the Scandinavian culture is the most important source of early Russian culture. During the chaotic period of the tribe at the stage of primitive society, the Norman Varian was invited to Russia to reconcile the tribes of Russia and manage them, and this brought the Germanic custom to regulate the socio-economic and legal relations of various tribes. Since the formation of the ancient state of Russia, the ruling class has constantly strengthened the drafting of new laws and regulations, but customary law still dominates the legal system of the state. At the same time, ordinary norms in the system of customary law as a quasi-legal norm between morality and law have become an integral organic component of social customs and norms at all stages of Russian social development.During the period of Ancient Russia, the common custom of the Slavic people and the Norman Customary Law had a profound impact on the social life of ancient Russia. From the beginning of the 9th to the 17th century, customary law existed as the main legal source for regulating social relations in the late period of the development of Russian primitive society and in the earlier time of feudal society. His coercive force was based on the conviction that was widespread in the social community during this period, that is, "existing customs denote a reasonable basis". With the formation of the East Slavic state, the rulers began to work on drafting new legal norms, but inheritance is still mainly based on customs based on the clan system. As a result, as a rule of conduct recognized and guaranteed by the state, traditional customs gradually acquired a legal nature, and after that, positive law was formed. "Russkaya Pravda" is the most representative legal collection in the early years of the Russian feudal society, "The Truth of Ross", which was compiled according to the customs of the Eastern Slavs, and is the very fi rst positive law of ancient Russia.Before the appearance of formal law, customary law always played a role and coercive force as legislation, but the self-defense and insane methods of revenge obtained from it also caused social unrest. In order to stop personal self-defense and self-arbitrariness, as well as to strengthen ties between different regions, it is necessary to use the power of common law to unite the Principality into a whole. Although the new law does not exclude the original good customary norms, if there are no necessary penalties for violations, it will be destructive for the law. Therefore, it is necessary to give customary law a legal meaning and a compelling force, without changing the existing content of customary law.I must say that the German customs and the traditional customs of the Slavic people are intertwined in the historical codifi cation of Russian procedural law, forming a unique historical path of development of the procedural legal system of ancient Russia. Although national customs were recognized by the state in the form of positive law with the help of " Russian Truth”, and became the norm of justice and social norm on the basis of the guarantee of national coercive force, but this did not change the essence of customary law, but the form of positive law was given to it. As the modernization of the Russian judicial system moves into modern times, generations of legislators and lawyers are focusing on the study of national legal traditions and history, trying to discover the natural laws governing the development of the Russian legal system, and are constantly trying to make progress in the modern and modern process of judicial reform. The harmony of legislation, the borrowing of laws and national customs to a certain extent ensured a reasonable adjustment of national laws and norms of customary law.

scholarly journals SOCIAL STRUCTURE OF ANCIENT RUSSIA

2022 ◽  
pp. 25-29
Author(s):  
Алена Владимировна Искрина
Keyword(s):  
Social Structure ◽  
Social Stratification ◽  
Early Stage ◽  
The State ◽  
Historical Period ◽  
Historical Events ◽  
Main Research ◽  
Stage Of Development ◽  
Political Events ◽  
The Social

В статье рассматриваются особенности формирования социальной стратификации Древней Руси на раннем этапе развития, этапы появления различных страт в зависимости от социально-политических событий с X по XII вв. Предметом исследования является процесс образования социальных страт в древнерусском государстве. Цель статьи - рассмотреть социальное устройство Древней Руси, определить и описать стратификацию и взаимодействие страт между собой, историю изучения данного вопроса, политические события, влияющие на данные процессы. Основным вопросом исследования явились исторические события, оказавшие влияние на формирование социальных страт с X по XII вв., появление социальных страт в данный исторический период и формы их взаимодействия. Отвечая на данный вопрос, автор приходит к выводу, что разложение патриархально-общинного строя, формирование феодального вассалитета, принципа майората, княжеской дружины и другие внутриполитические события повлияли на формирование социальных страт государства. В связи с данными историческими событиями удается проследить этапы происхождения социальных слоев населения, их состав, социальные функции в обществе и государстве. The paper examines the features of the social stratification of the Ancient system at an early stage of development, the stages of the emergence of various strata depending on political events from the 10th to the 12th centuries. The subject of this research is the process of the formation of social strata in the ancient European state. The purpose of the publication is to consider the social structure of Ancient Rus, to determine and describe the stratification and interaction of strata with each other, to study this issue, political events that affect these processes. The main research issue was the historical events that influenced the formation of social strata from the 10th to the 12th centuries, the emergence of social strata in a given historical period and the forms of their interaction. Answering this question, the author arrives at the conclusion that the disintegration of the patriarchal-communal system, the formation of a feudal vassalage, the principle of primacy, the princely squad and other internal political events influenced the formation of social strata of the state. In connection with these historical events, it is possible to trace the stages of the origin of social strata of the population, their composition, social functions in society and the state.

scholarly journals Obce przepisy wymuszające swoje zastosowanie. Glosa do wyroku Trybunału Sprawiedliwości Unii Europejskiej z dnia 18 października 2016 r. w sprawie C-135/15 Republika Grecji przeciwko Grigoriosowi Nikiforidisowi

2019 ◽  
Vol 25 ◽  
pp. 91-106
Author(s):  
Arkadiusz Wowerka
Keyword(s):  
Legal System ◽  
The State ◽  
Legal Rules ◽  
Article 9 ◽  
The Subject ◽  
Academic Discussion ◽  
Substantive Law ◽  
Rome I

This commentary examines the judgement of the CJEU of 18 October 2016 in case C-135/15 Republik Griechenland v. Grigorios Nikiforidis. The judgement in question concerns the issue of treatment of foreign overriding mandatory provisions under the Article 9(3) of Regulation No 593/2008. This topic is the subject to a great deal of controversy and academic discussion. The ECJ concluded that the mentioned provision must be interpreted as precluding overriding mandatory provisions other than those of the State of the forum or of the State where the obligations arising out of the contract have to be or have been performed from being applied, as legal rules, by the court of the forum, but as not precluding it from taking such other overriding mandatory provisions into account as matters of fact in so far as this is provided for by the national law that is applicable to the contract pursuant to the Regulation. This interpretation is not affected by the principle of sincere cooperation laid down in Article 4(3) TEU. In this respect the judgement of CJEU brings significant clarification on the question, whether a court of the forum can have regard to foreign overriding mandatory provisions, which do not belong to the legal system of the country of performance of the contract on the level of the applicable substantive law. However, there are still questions arising under Article 9(3) of Rome I Regulation, which need to be clarified.

scholarly journals «Rýhanı dúnıetanym», «rýhanılyq» kategorııalarynyń pedagogıkalyq jáne psıhologııalyq uǵymdary [Pedagogical and Psychological Concepts of the Category “Spiritual Worldview” and “Spirituality”]

2020 ◽  
Vol 3 (117) ◽  
pp. 161-174
Author(s):  
B.J. Parıdınova ◽  
Keyword(s):  
Social Structure ◽  
Research Problem ◽  
The State ◽  
Theoretical Understanding ◽  
The Core ◽  
The Social ◽  
Spirituality In Education ◽  
Basic Concepts ◽  
The Individual ◽  
Pedagogical Science

The problem of developing the spiritual worldview and spirituality was the development of society at all stages. The spiritual worldview and spirituality of the individual, teachers in society changed depending on the level of the social structure of the state and its ideology, religious and secular views, the development of pedagogical science. Therefore, the spiritual worldview and spirituality of the whole society is one of the most important characteristics of the pedagogical preparation of the individual. The research problem is relevant in the framework of the program «Rukhani zhangyru». Therefore, we believe that a set of activities under the program is the core of this topic. Spiritual worldview and spirituality is the most important issue in the context of globalization. The purpose of this article is to generalize and systematize this problem, to determine the role and place of the spiritual worldview and spirituality. To achieve the purpose, this study discusses some of the findings of scientists on the problem of spiritual worldview and spirituality in education. The discussed fundamental principles of development and existing scientific works on the problem of spiritual worldview and spirituality. Many actual issues can be considered in the notion of concept since these categories has not yet been studied in science. In this article special attention is paid to spiritual worldview and spirituality and its basic concepts, which is one of the most important problems in pedagogy and psychology. The article the relevance and importance of theoretical understanding of the data category. Presented some theoretical problems of the formation and preservation of spiritual worldview and spirituality. Рухани дүниетанымның даму мәселесі және руханилық қоғам дамуының барлық салаларында өзекті болып саналады. Қоғамдағы тұлғаның, мұғалімнің рухани дүниетанымы мен руханилығы мемлекеттің әлеуметтік құрылысы мен оның идеологиясы, діни және зайырлы көзқарастары, педагогикалық ғылымның дамуы деңгейіне байланысты өзгеріп отырады. Сондықтан барлық қоғам мүшелерінің рухани дүниетанымы мен руханилығы тұлғаның педагогикалық дайындығының маңызды сипаттамалық белгісі болып табылады. Зерттеу мәселесі «Рухани жаңғыру» бағдарламасы аясында өзекті болып саналады. Сол себепті бағдарлама шеңберіндегі шаралар кешені берілген тақырыптың өзегі деп ойлаймыз. Жаһандану шарттарында «Рухани дүниетаным» және «Руханилық» категориялары маңызды мәселе болып табылады. Осы мақаланың мақсаты болып берілген мәселені жинақтау және жүйелеу, рухани дүниетаным мен руханилықтың рөлін, орнын анықтау болып саналады. Мақсатқа жету үшін берілген жұмыста білім берудегі рухани дүниетаным мен руханилық мәселесіне байланысты кейбір қорытындылары қарастырылады. Рухани дүниетаным мен руханилық мәселесіне байланысты дамытудың негізгі қағидалары мен ғылымда бар жұмыстар талқыланады. Өйткені берілген категориялар ғылымда толықтай зерттелмеген және зерттелуі тиіс көптеген өзекті мәселелері жетерлік. Берілген мақалада рухани дүниетаным және руханилықтың, оның педагогикадағы және психологиядағы негізгі түсініктеріне ерекше назар аударылады. Мақалада берілген категорияларды теориялық түсінудің өзектілігі мен маңыздылығы дәйектеледі. Рухани дүниетаным мен руханилықтың қалыптасуы мен сақтаудағы кейбір теориялық мәселелері ұсынылған.

scholarly journals Performativity, Discourse and Communication: Relationship of Concepts

2021 ◽  
pp. 95-104
Author(s):  
Ruslana Bezuhla
Keyword(s):  
Interdisciplinary Approach ◽  
Modern Society ◽  
Subject Field ◽  
Social Sciences And Humanities ◽  
Sociological Approach ◽  
The Social ◽  
General Scientific ◽  
The Subject ◽  
Relationship Of ◽  
Historical Periods

The article analyzes approaches to the study of phenomena and concepts of performativity, discourse and communication, and makes it possible to trace how various types of communication are interconnected in the structure of artistic culture. It has been established that in modern society, performativity, discourse and communication provide a higher level of generalization and prevalence than in previous historical periods, which leads to an expansion of the subject field for the study of these phenomena. The aim of the work is to research and systematize existing theories conceptualizing performativity, communication and discourse in the mode of humanitarian knowledge. This approach will contribute to solving the scientific problem of clarifying the conceptual and categorical apparatus of modern cultural studies and art history. Methodology of work. The theoretical and methodological basis of the study were philosophical and general scientific approaches, principles and methods that made it possible to analyze the phenomena of performativity, discourse and communication from different-vector positions: the method of generalization, made it possible to determine the place of performativity, discourse and communication in the worldview paradigm due to the analysis of ambiguous formulations and statements about the phenomena, which were presented in various sources; an interdisciplinary approach ensured the use of the latest theoretical developments in the social sciences and humanities; the sociological approach made it possible to consider the phenomena of performativity, discourse and communication at the macrosocial and microsocial levels.

scholarly journals Home Finance - The Source of Improving Wellness of the Population

2019 ◽  
Vol 8 (9S2) ◽  
pp. 706-708
Keyword(s):  
Qualitative Analysis ◽  
Social Structure ◽  
Financial System ◽  
Modern Society ◽  
The State ◽  
Public Authorities ◽  
Public Finances ◽  
State Economy ◽  
The Social ◽  
Commodity Money

For a qualitative analysis of the state of modern society and financial relations prevailing in the financial system of our country, it is especially important to study issues related to attracting public finances to the state economy. The long process of developing commodity-money relations has radically changed the content of finance. If earlier in these relations the main and fundamental role was played by the monarchs, the state, as the owners of all property, then in the XX century. The main owners of valuables, including enterprises and firms, are citizens, and the state represented by public authorities acts as an intermediary and a consumer of redistributed wealth. Confirming this thesis, P. Drucker expressed that the main impetus of progress now comes not from the social structure, but from an individual, and the present time requires every person to take effective actions to transform not only society, but above all himself [1 ].

scholarly journals POSTRZEGANIE ZWYCZAJÓW ODNOSZĄCYCH SIĘ DO OBOWIĄZKU ZACHOWANIA POUFNOŚCI W ARBITRAŻU. ANALIZA WYNIKÓW ANKIETY PRZEPROWADZONEJ PRZEZ SĄD ARBITRAŻOWY LEWIATAN WŚRÓD POLSKICH PRAKTYKÓW ARBITRAŻOWYCH

2016 ◽  
Vol 13 (3) ◽  
pp. 89
Author(s):  
Beata Gessel-Kalinowska vel Kalisz
Keyword(s):  
Public Opinion ◽  
Legal System ◽  
Uniform Norm ◽  
Professional Group ◽  
Controversial Issues ◽  
The Social ◽  
The Subject ◽  
The Right ◽  
Confidentiality And Privacy

THE PERCEPTION OF THE PRACTICE OF CONFIDENTIALITY IN ARBITRATION. AN ANALYSIS OF THE RESULTS OF A SURVEY CARRIED OUT BY THE LEWIATAN COURT OF ARBITRATION AMONG POLISH ARBITRATION PRACTITIONERS Summary As with numerous other systems of law, such as Norwegian, Swedish or Australian law, the Polish legal system does not have a clear and uniform norm of law governing confidentiality and privacy in arbitration. Public opinion frequently refers to the role of custom as the source of the obligation to preserve confidentiality, although usually it does so without a detailed analysis of the subject and object of this obligation. This fact provided the inspiration for a survey carried out among Polish arbitration practitioners. The results of the survey present an interesting picture of what is subjectively perceived by arbitration practitioners as forming part of the confidentiality canons in arbitration proceedings. In principle, they reflect the worldwide trends, i.e. as far as the object of the confidentiality obligation is concerned – in camera sessions and the confidentiality of awards, and as regards its subject – the confidentiality obligation imposed on arbitrators and arbitration institutions. In addition, the customary practice of keeping confidential any information obtained in the course of proceedings is perceived as the right conduct as far as the object of the obligation is concerned. One of the very controversial issues is the matter of parties’ responsibilities, which leads to further questions as to individual arbitrators’ membership of the social (professional) group known as “arbitration practitioners”.

Prejudice, Discrimination, and Alienation in Educational Environments

2020 ◽  
pp. 35-60
Author(s):  
Didem Çelik Yılmaz ◽  
Türkan Argon
Keyword(s):  
Social Structure ◽  
School Administrators ◽  
Human Values ◽  
Educational Organizations ◽  
Educational Environments ◽  
Raising Awareness ◽  
The Social ◽  
Students First ◽  
The Subject ◽  
Negative Impacts

In today's societies where cultural singularity is almost destroyed, diversity can be an important richness, thanks to individuals displaying peace-based approaches. Schools are affected by this diversity and will continue to be cultivated as small but highly effective stakeholders of the social structure. It can be said that it is important for educational organizations to gain human values before teaching theoretical lessons to their students and that the necessary studies should be carried out both for school administrators and teachers and for students. First of all, raising awareness on this issue is a great need during the construction of the peace society. Therefore, in addition to contributing to the literature with this study, it is aimed to present different and diverse perspectives of prejudice, discrimination, and alienation of students and teachers, giving examples of cause and effect relationships. It is also aimed to make suggestions to reduce negative impacts and thus to raise awareness on the subject.

Crown Land and Royal Patronage in Mid-Sixteenth Century England

1980 ◽  
Vol 19 (2) ◽  
pp. 18-34 ◽  
Author(s):  
Katherine S.H. Wyndham
Keyword(s):  
Sixteenth Century ◽  
Social Control ◽  
Social Structure ◽  
Royal Patronage ◽  
Regular Source ◽  
Accurate Picture ◽  
The Social ◽  
The Subject ◽  
Mary Tudor ◽  
Localized Knowledge

Yf you thincke yt to be suche lande as I maye geve wythe my honor, I shall thincke yt verye well bestowyd, for that he is one that hathe well desarvyd yt and hathe had no kynde of recompence.So wrote Mary Tudor to the Marquis of Winchester in 1554. The subject of the Queen's approval was Sir Edmund Peckham, one of her most trusted councilors. The result of that approval was an outright gift of land worth nearly one hundred pounds a year.Land, the basis of the social structure of the age, was one of the crucial instruments of patronage. The crown estate not only had its financial function as a regular source of income and an emergency source of realizable capital, but one directly relevant to social control and to government. It was a means by which past services to the prince could be rewarded and future services perhaps anticipated. The way land was used for this purpose and whether the frequency and extent of its usage can throw any light on problems and methods of government are questions meriting close consideration. The period taken here—the late 1530s to the early 1570s—spans several very different phases of government: how far did policy towards patronage vary from phase to phase? And how far did these variations reflect the needs of each successive government?To acquire an accurate picture of the use of the crown's estate, some localized knowledge is essential.

scholarly journals Hegel's Guilty Conscience: Three Forms of Schuld in the Phenomenology of Spirit

PhaenEx ◽  
2008 ◽  
Vol 3 (1) ◽  
pp. 32-55
Author(s):  
MATTHEW LYONS CONGDON
Keyword(s):  
Social Structure ◽  
French Revolution ◽  
A Priori ◽  
The Other ◽  
Ethical Code ◽  
Negative Consequences ◽  
Phenomenology Of Spirit ◽  
The Social ◽  
Moral System ◽  
The Subject

In what we might call its particularly Christian manifestation, “guilt” denotes the feeling or fact of having offended, the failure to uphold an ethical code. Under such terms, “guilt” connotes negative consequences: shame, punishment, and estrangement. Yet, penetrating further into its meaning and value, one finds that guilt extends beyond this narrow classification, playing a productive, necessary, and ineluctable role for recognitive sociality. This paper examines guilt as it appears in Hegel’s thinking. I find that Hegel’s understanding of Schuld (guilt) in the Phenomenology, undergoes a crucial development over the course of the chapter titled, “Spirit,” culminating in a robust understanding of guilt that represents not a hopelessly broken bond, but a bond that awaits its fulfillment, its very incompleteness exerting a palpable pull upon the guilty party towards its fulfillment. I examine three key moments in “Spirit”: Hegel’s treatments of Antigone, the French Revolution, and the confession and forgiveness of evil. By comparing these moments, I distinguish between “abstract guilt,” guilt that only brings about shame and punishment, and what we might call “determinate guilt”: guilt that brings about action, reminds one of her/his indebtedness to the other. Understanding the development of guilt from the beginning to end of “Spirit” provides an entryway into a discussion of the social and political relevance of Hegel’s conception of the subject as—in a certain sense—always already guilty. I go on to argue that guilt as indebtedness and responsibility only exists as embedded within an already recognitive social structure. Re-thinking guilt as responsibility is not, therefore, a call to a new objective a priori moral system. Rather, it invites us to think through our recognitive being-together in a way that shakes off its metaphysical fetters. Such an ethics of recognitive intersubjectivity is an infinite task—not in the futile sense of the “unhappy consciousness”—but in the sense that we are responsible for constantly understanding, critiquing, and reforming ethical commitments that can only be (understood as) ours.

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