The Role of Law in Communist China

1970 ◽  
Vol 44 ◽  
pp. 66-111 ◽  
Author(s):  
Victor H. Li
Keyword(s):  
Historical Development ◽  
Social Institution ◽  
Legal Systems ◽  
Efficient Manner ◽  
Legal Norms ◽  
Precise Shape ◽  
Communist China ◽  
General Conditions

Law is a social institution designed to help society operate in a harmonious and efficient manner. It fosters orderly relations among individuals and groups by formulating and enforcing some basic rules of conduct, providing mechanisms for the resolution of some major disagreements, and defining the structure and mode of government. The precise shape, content and manner of operation of this institution are determined by the resources, needs, problems, historical development and general conditions of the society in which it functions. As these factors differ from society to society, so also differ the attitudes towards law, the forms of legal systems and the specific legal norms and rules.

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while at the present time differentiation of legal systems with respect to their attitude towards case law is becoming outdated.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.

scholarly journals Place and role of legal doctrine in the system of forms (sources) of law: general-theoretical aspect

2021 ◽  
Vol 7 (1) ◽  
pp. 10-17
Author(s):  
K. A. Orlov
Keyword(s):  
Theoretical Aspect ◽  
Legal Systems ◽  
Legal Doctrine ◽  
Legal Norms ◽  
Russian State ◽  
Legal Nature ◽  
Points Of View ◽  
Characteristic Features ◽  
Source Form

The article deals with the problem of legal nature of the legal doctrine as a source (form) of law. The article substantiates the idea that the legal doctrine has a twofold meaning, since it has an independent meaning in the system of forms of law of various legal systems, as well as is fully a source of law that forms the foundation, methodological basis for the creation, interpretation and application of legal norms in other legal systems, in particular the Russian state. The author draws attention to the characteristic features inherent in the legal doctrine, analyzes its role in various legal systems, where it acts as a form of law. The author compares the positions of various points of view of Russian scientists on the legal nature of legal doctrine as a form of law. The author identifies and describes the characteristic features of legal doctrine as a source of law in the activity of the mechanism of the Russian state in the sphere of legislative and executive implementation.

scholarly journals Religious norms and value orientations in modern legal and political relations

2021 ◽  
Vol 0 (2) ◽  
pp. 21-29
Author(s):  
I.V. Karpenkov
Keyword(s):  
Legal System ◽  
Public Life ◽  
Value Orientations ◽  
Religious Values ◽  
Legal Systems ◽  
Value System ◽  
Legal Norms ◽  
Political Relations ◽  
Religious Factor

The article is devoted to the role of the religious factor, norms, values and value orientations in the formation and development of political and legal systems, legal and socio-political relations. It is shown that religion and the corresponding system of religious values and orientations have always had a significant impact on the development of society, legal and political relations. Religion acted largely as a regulator of public life. Religious norms could merge with moral and legal ones. But even after their separation, religion, if not acting as a direct source of legal norms, had a general impact on the worldview and value system, which, in turn, influenced the formation of the legal system and the development of socio-political relations.

Convergence of Corporate Governance Models

2004 ◽  
pp. 129-140 ◽  
Author(s):  
M. Tretyakov
Keyword(s):  
Corporate Governance ◽  
Institutional Environment ◽  
Driving Forces ◽  
Commodity Markets ◽  
Legal Systems ◽  
National Institutions ◽  
Governance Models ◽  
Changing Role

The article focuses on the analysis of the process of convergence of outsider and insider models of corporate governance. Chief characteristics of basic and intermediate systems of corporate governance as well as the changing role of its main agents are under examination. Globalization of financial and commodity markets, convergence of legal systems, an open exchange of ideas and information are the driving forces of the convergence of basic systems of corporate governance. However the convergence does not imply the unification of institutional environment and national institutions of corporate governance.

Russia’s Market of Mergers and Acquisitions: Stages, Features and Prospects

2009 ◽  
pp. 23-45 ◽  
Author(s):  
A. Radygin
Keyword(s):  
Open Access ◽  
Mergers And Acquisitions ◽  
Corporate Control ◽  
Active Role ◽  
Data Bases ◽  
2008 Financial Crisis ◽  
Legal Norms ◽  
Role Of The State ◽  
Access Data

The article deals with key tendencies in the development of Russia’s market of mergers and acquisitions in the first decade of the 21st century. Quantitative parameters are analyzed by using available in the open access data bases for the years 2003-2008 taking into consideration new tendencies relating to 2008 financial crisis. An active role of the state played in the market of corporate control represents an important factor. Special attention is given to issues of development of Russia’s system of legal norms regulating the market of mergers and acquisitions.

Sports Photography and Historical Development

2018 ◽  
Vol 5 (1) ◽  
pp. 93-115
Author(s):  
Miloš Stamenković
Keyword(s):  
Historical Development ◽  
Emotional Reaction ◽  
Main Role ◽  
Primary Role

SummarySports photography undoubtedly has a significant place in sports press and publicism. It’s main and primary role is to present sports to the readers as art, which it is. Sport is characterized by dynamic and varied movements, and the main role of sports photography is reflected in the fact that it is in this way that sport shows its essence. Having in mind that photography tells more than a thousand words it sends a clear message to the reader as well to people who are informed about events via sports portals. Sports photography is a multidimensional art for many reasons. When we say “multi”, it primarily refers to a wider range that sports photography has to offer, which means sports photography is not only directed at presenting athletes on the move and the main actors who contribute to achieving the results by their engagement – it also has the role of sports “psychophotography” which is an analysis and capture of the emotional reaction of an athlete after winning or losing from the opposing team.

THE ROLE OF LOCAL SOCIAL INSTITUTION IN COMMUNITY EMPOWERMENT IN BANDUNG REGENCY, INDONESIA

2019 ◽  
Vol 3 (1) ◽  
Author(s):  
Helly Ocktilia
Keyword(s):  
Leadership Style ◽  
Social Institution ◽  
Community Empowerment ◽  
Board Members ◽  
Supportive Leadership ◽  
Community Institutions ◽  
The Social ◽  
Descriptive Method

This study aims to gain a deeper understanding of the existence of the local social organization in conducting community empowerment. The experiment was conducted at Community Empowerment Institution (In Indonesia it is referred to as Lembaga Pemberdayaan Masyarakat/LPM). LPM Cibeunying as one of the local social institution in Bandung regency. Aspects reviewed in the study include the style of leadership, processes, and stages of community empowerment, as well as the LPM network. The research method used is a case study with the descriptive method and qualitative approach. Data collection was conducted against five informants consisting of the Chairman and LPM’s Board members, village officials, and community leaders. The results show that the dominant leadership style is participative, in addition to that, a supportive leadership style and directive leadership style are also used in certain situations. The empowerment process carried out per the stages of the empowerment process is identifying and assessing the potential of the region, problems, and opportunities-chances; arranging a participative activity plan; implementing the activity plan; and monitoring and evaluating the process and results of activities. The social networking of LPM leads to a social network of power in which LPM can influence the behavior of communities and community institutions in utilizing and managing community empowerment programs. From the research, it can be concluded that the model of community empowerment implemented by LPM Cibeunying Village is enabling, empowering, and protecting.

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.

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