Hasil untuk "History of Law"

Igor V. Kolosov

In the contemporary world, where debates about state power, law, justice, and the effectiveness of public administration continue unabated, understanding the origins of these categories is becoming increasingly important. Contemporary American theories have made a significant contribution to elucidating not only the causes of their emergence but also the resulting nature of these categories. Drawing on the fundamental legacy of classical political and legal thought, these authors, substantiate the role of coercion, conflict, and war in catalyzing the emergence of the first state formations and legal systems. Accordingly, a detailed examination of this issue is particularly relevant for legal theory. The purpose of this article is to identify the significance of violent causes in the emergence of the state and law in contemporary American theories. This goal is pursued by analyzing the contributions of individual theories to understanding the historical process of the formation of state and legal institutions, with particular attention to their empirical foundations. The theoretical basis of the study consists of the works of contemporary American representatives of the Chicago School of Economic Analysis of Law, as well as scholars from related social sciences, including political science, sociology, and history, along with game theory as a branch of mathematical analysis applicable to law. The research methodology relies on tools traditional to historical and legal scholarship. General philosophical and scientific methods are employed while among the specific scientific methods, in addition to legal ones, historical methods play an important role, including historical-genetic, historical-comparative, and historical-typological approaches. The study concludes that a high frequency of conflicts and clashes does indeed stimulate the emergence of centralized authority to protect against external and internal threats and, as a consequence, leads to the formation of the state and law as mechanisms for creating public goods through taxation. However, this is not the only factor, and violent causes should be considered alongside other social, economic, and cultural determinants of state and legal development.

Mikhail Yu. Zagirnyak

Sergei (Sergey, Sergius) Hessen, inspired by the ideas of Heinrich Rickert, proposed an axiological interpretation of history as a process of realization of values in the form of material culture. Hessen shows human freedom in the axiological interpretation of Kantian ethics of duty as participation in the realization of values in historical reality. The whole variety of the content of realized values constitutes culture, which is the product not of an individual, but of society as a whole. Hessen’s axiological historism needed to substantiate the individual’s free will as a condition for the possibility of the sociocultural process. Under the influence of Paul Natorp’s social pedagogy, Hessen identified the correlation between individual freedom and societal goals of development. In social pedagogy, Natorp reasoned that society creates and develops culture when the correlation of individual freedom and social development goals is ensured. An understanding of the mutual dependence of the individual and society is provided by the school. The creation and deepening of the content of material culture depends on the creativity of many free people. This study will reveal how Hessen adopts and interprets the ideas of Natorp’s social pedagogy to substantiate the principles of interaction between the individual and society in the process of realization of values - formation of cultural content. It is established that Hessen, following Natorp, interprets education broadly as a process of socialization, and pedagogy as its instrument. Education offers a way to relate the individual and society, teaches that they are interrelated and interdependent in sociocultural development. Hessen overcomes the limitation of approaches to understanding society, focused on the priority of the individual/society, by emphasizing their interaction. Hessen uses this idea of organizing society as a collective social subject consisting of free people not only in pedagogy, but also in socio-political philosophy, forming the doctrine of social law. Hessen views the treatment of society in Natorp’s socio-political works as a development of his ideas of social pedagogy in socio-political philosophy. On this evidence, we can conclude that in his pedagogy, Natorp formed a concept of society that extends beyond pedagogy to his social philosophy as a whole.

Kulneva P.V.

The article is devoted to the analysis of the perception of difficult historical experience in bilateral relations by China and Japan, which dates back to the middle of the 19th century when both countries faced strong pressure from the Western world. The chronological framework of the study thus covers the period starting from the “Opium Wars” in China and the Meiji Restoration in Japan, makes a focus on the war of 1937–1945, which is viewed as the culmination of the crisis in bilateral relations, and ends with the current situation, when both countries are still trying to comprehend this difficult period of their history. The purpose of the study is to identify the role of the Western component in the mutual perception of recent historical experience by China and Japan, examining this perception through the prism of the West-East opposition. The first part of the article describes the process of Japan and China, searching for their national identities after facing with the growing pressure from the West in the second half of the 19th – early 20th century. The second part sheds light on the role of the Western component in the formation of historical memory in Japan and China, related to the recent war between them. The study demonstrates significance of the Western factor for understanding the origins of the crisis in Sino-Japanese relations and the assessment of its consequences for each country. It should be definitely taken into consideration for better understanding the current state of Sino-Japanese relations as well as the interpretation of historical past in both countries.

L. N. Goncharenko, E. B. Avakova

This article examines the question of the existence of specific historical (general sociological) laws that operate throughout all stages of human history and differ from other laws of social existence. The authors have attempted to formulate the most obvious basic historical laws based on the available scientific developments, methodological approaches and ideas of researchers from both the distant and very recent past. The authors define the following list of historical laws: the law of cyclicity; the law of civilizational, event-based and personal uniqueness of the historical process; the law of balance and struggle of personal, group, corporate, state and civilizational interests; the law of cause-and-effect relationships; the law of unrealized alternatives; the law of unintended consequences. They reflect in the most concentrated form the current level of knowledge about the world historical process. They relate to the entire array of the past of human society. They are synthetic, complex, multidimensional and all encompassing. They manifest themselves in all periods of human history without exception. Therefore, they open up the possibility of a more conscious perception of the present and the formation of general scientific ideas about the deep mechanisms of the future development of society.

M. Metghalchi, J. Keck

Laurie Tetaert, Corinne Gomez-Le Chevanton, Vincent Gourdon et al.

This article reexamines the first legalization of divorce in France through the lens of women’s and family history, building on the work begun at the time of the Bicentenary of the Revolution and that of Suzanne Desan on revolutionary family law and its broad social and political effects. The move towards a secular conception of marriage, as well as its definition as a contract in the Constitution of 1791, in practice opened up the possibility of terminating a marriage. Going beyond divorce statistics, the present study investigates how the law on divorce gave women an opportunity to play a central role in revolutionary events. The study of women's petitions shows concretely how women received and perceived the new legislation, while shedding light on individual situations that were often complex. It also shows that some women managed, in specific circumstances as well as discussing the situation of women in general, to influence the making of the law, bringing the often-abstract legislative text back to down-to-earth considerations.

P. N. Burmakin

The author argues that today the legal education system needs to be upgraded in line with socio-economic and socio-legal realities of society. This requires modernization of the legal education system, which combines practice-oriented and student-customized methods and techniques that will enhance the process of positive development of the legal socialization of the individual. The main outcome of the legal education of the individual systems are supposed to be legal awareness, values and attitudes, which can make up the legal sphere of the individual and ultimately form positive socialization of the legal person. The author supposes that in order to become entitled to life factor, a measure of real-legal behavior of the subjects, it should be as close as possible to them, so that the citizens know, appreciate and respect the laws. Only under these social and legal conditions of the legal education the system can be an effective tool in the construction of a positive level of legal socialization of the individual, i.e., when the acquired legal knowledge, values, patterns and standards turn into personal beliefs of a subject and strict adherence to legal regulations and, consequently, to the internal demand and the habit of following the rule of law.

Vyacheslav Khodus, Ani Bagdasaryan

The article analyzes Tennessee Williams' dramatic and journalistic texts as well as his memoirs regarded in correlation with the language of A. P. Chekhov's plays and the semiotics of his works; it provides an examination of peculiarities of Chekhov's works and their impact on Williams' idiostyle. The main hypothesis is based on the statement that the linguistic structures of T. Williams' dramas show structural-semantic originality of A. P. Chekhov's plays. Williams' innovation, being analysed from the position of novelties in the language of plays, theatre and cinema, correlates with the semiotics of Chekhov's theatrical language, reflected in the language of his plays. The key community and succession in the drama language is detected through the intentions of linguistic expression of approaching of theatre to the life, linguistic expression of including of everyday situations in a wider socio-historical and philosophical context. As a result, symbolism is becoming semiotically meaningful and in this category everyday life is regarded as a symbolic sign. The analysis of Chekhov's influence on structural-semantic organisation of Williams' drama is conducted both in the plays and in the autodescriptive texts proving the above stated hypothesis.

Pedro Abib Hecktheuer, Maria Cláudia da Silva Antunes de Souza

Esta investigación tiene como objetivo evaluar si las narrativas de que la implementación de Centrales Hidroeléctricas son el mejor camino para el desarrollo y una fuente de energía limpia y sostenible representa una estrategia para la imposición de un nuevo ciclo de explotación de la región amazónica, caracterizado por imponer altos costos socioambientales para la región. Con este fin, se discute la resignificación otorgada a los ríos y a la región amazónica en los planes del gobierno brasileño, especialmente a partir de la Operación Amazonia, desde la década de 1960. La Amazonia recibió especial atención del gobierno brasileño en la expansión de las fuentes hidroeléctricas en el sector energético brasileño, sin que hubiera ninguna preocupación con relación a los impactos socioambientales de tales proyectos. Las narrativas y documentos oficiales, sin demostrar veracidad, impusieron la expansión hidroeléctrica como la única forma para el desarrollo del país, lo que hizo posible la construcción de varias centrales hidroeléctricas en la Amazonia, con resultados trágicos para los pueblos y comunidades tradicionales. Para obtener tales consideraciones, se realizó una investigación bibliográfica y documental.

A. Rahman

DI/TII movement, which lasted for approximately 15 years in South Sulawesi, targeted the inland areas identical to forests. This fact certainly made it difficult for TNI (Indonesian National Armed Forces) to trace the presence of Kahar Muzakkar's troops. Benteng Alla which was located in the interior part of Enrekang also became a target. The village, which was directly adjacent to Tana Toraja, then transformed into a pathway used by DI/TII to expand its territory to Tana Toraja without going through the main road. This area was then completely controlled by DI/TII, in which the Islamic laws enforced there. Islamic law enforcement around Benteng Alla caused the neglect of Aluk Todolo teachings previously adopted by the community. Moreover, DI/TII also implemented economic engineering in Benteng Alla by utilizing zakat. One of the objectives of the economic engineering implementation was to prevent the community from visiting the city while still paying attention to the education of Benteng Alla communities who had become part of their movement. However, the communities then became the target of Indonesian National Armed Forces operations that came from Toraja. As a result, Benteng Alla was emptied for several years. This article is made by applying four methods in writing history with the aim of analyzing the significance of Benteng Alla's position during the DI/TII period and to pave the pathways passed by DI/TII so that this movement spread to Southeast Sulawesi.

Achmad Darojat Jumadil Kubro, Nyarminingsih Nyarminingsih, Isti Faizah

Sunnis and Shiites place the Hadith as a source of law, but both have different methods of examining Hadith.  The most prominent difference is how both of them accept the Prophet companions as a hadith narrator. Sunnis believe that all companions were just. But this examination was rejected by the Shiites. The second difference is the reception about the ma’sum. Sunnis reject the concept of ma'sum other than the Prophet, while Shiites believe imams of ahlu al-bait are ma’sum. The implication of these differences is the different narratives of Islamic history, which are based on the hadith. In this issue is the case of the Islam of Abu Thalibwhich is narrated from each different tradition. Therefore, this research is trying to examine the validity of their narrations and its historicity. The result of this paper is that al-Musayyab bin Hazn, the Prophet companion who narrate the hadith about the death of Abu Thalib, is judged differently by each traditions. Sunnis judged him with Siqah, while Shiites said that he only became Islam after fathu makkah and he was not at the scene when Abu Thalib died.

Anne Eriksen

Can grain crops be increased? The issue was heatedly debated in 18th century Denmark-Norway, both for patriotic and economic reasons. The historian Gerhard Schøning (1722-80) answered affirmatively. Chopping down much of the forests that covered Norway would change the climate radically for the better. As a consequence of the warmer weather, the fertility of the soil would improve. Crops would increase, and new and even more delicate types of plants could be introduced. Schøning's argument was nearly entirely built on examples from Greek and Roman history, cited to demonstrate that since classical times, this kind of changes had already taken place in other parts of Europe. Climate interested a number of 18th century writers. It was not only a part of geotheory, but also included in theories about the history of society, law and culture as well as in medical thought. Ideas about a human-made climate change similar to Schøning's can be found in texts by e.g. Hume and Buffon. The argument relied on a quantity of examples, as well as on the uncontested exemplarity of classical literature itself. Schøning's examples represent both series and ideals. The cases he cites are numerous (serial) instantiations of the same general mechanism: The effect of human interventions in nature. Yet at the same time they are models to follow, even if it will take some effort. Norway will never be as warm and fertile as southern countries, but Schøning exhorts his compatriots to "take courage and start!" History consisted of examples to learn from and models to follow.

Maria Lewandowicz

The Code of Private Law in the Canton of Zurich (Privatrechtliches Gesetzbuch für den Kanton Zürich – PGB) is described as the perfect model for the Swiss Civil Code in the literature devoted to the subject matter of codification of private law in the Swiss Confederation. It was the first modern civil code in Switzerland which was imbued with German tradition and legal culture. At the same time, it represented a high level of scientific sophistication. The Code of Private Law in the Canton of Zurich proved the vitality of German law in Switzerland. Moreover, its stable foundations in the national spirit resulted in a high level of social acceptance for the legal solutions included within. However, the question remains to what extent one can determine the influence of the Code of Private Law in the Canton of Zurich on the project and on the final shape of the Swiss Civil Code (ZGB). Also the question is to what extent one should treat these codes as independent works, even though they were created on the basis of the same initial assumptions. The influence of The Code of Private Law in the Canton of Zurich on the Swiss Civil Code most completely depicts the inheritance law. Firstly, it directly interferes with the personal sphere of a citizen’s life and, consequently, it has to be rooted in the national culture and tradition in order to be effective. Secondly, it is the part of law which was the most diversified regulatory area in Switzerland in the period prior to the unification. The description of the Code of Private Law in the Canton of Zurich as “the perfect model” for the Swiss Civil Code is accurate. However, it is the author’s opinion that this statement is an exaggeration. The basic connection between the Code of Private Law in the Canton of Zurich and the Swiss Civil Code is expressed in the method of conducting the preparatory work for the codification work. It is also expressed by the adopted method of selection of the source material which was to serve as demonstrative material in the unification work. However, there is no evidence which would attest that the Swiss Civil Code’s contents were based on the regulations found in the Code of Private Law in the Canton of Zurich. The close relationship of both laws is expressed not in the contents but rather in the ideological assumptions of the conducted codification works.

Michael Stolleis

The text gives a short survey of the history of recent legal history in Germany since around 1980, followed by some information about the personal situation and the central methodological questions. The text concludes with a comparison of the actual situation in France and Germany.

Laura Costello

A Review of: Tynan, M. & McCarney, E. (2014). “Click here to order this book”: A case study of print and electronic patron-driven acquisition in University College Dublin. New Review of Academic Librarianship, 20(2), 233-250. http://dx.doi.org/10.1080/13614533.2014.906352 Abstract Objective – To evaluate the effectiveness of the first patron-driven acquisitions program in the Republic of Ireland and determine the effects of this acquisitions strategy on circulation, budget, and collection development. Design – Case study. Setting – A large university on two campuses in the Republic of Ireland with a total of over 25,000 students. Subjects – Patron-driven acquisitions including 1,128 electronic monographs and 1,044 print monographs. Methods – The authors evaluated titles purchased during a five-month patron-driven acquisitions trial conducted in 2013. Patron-selected titles were compared to traditionally acquired (faculty and librarian-selected) titles acquired during the same time period based on subject area and circulation data. Results from the trial were also compared to a literature review of patron-driven acquisitions trials conducted at other institutions. Information on selectors was examined for patron-driven print acquisitions. Main Results – The most frequently acquired subject areas included business, politics, English, drama and film, medicine, psychology, history, and law. These frequently acquired subject areas were consistent across print and electronic patron-driven acquisitions, traditionally acquired titles at the institution, and data from the patron-driven acquisitions trials of other institutions. Patron-selected titles in art history and architecture subjects showed a significant print preference over electronic. Patron-selected electronic titles were used 8.45 times compared to 3.27 uses for traditionally selected electronic titles. Patron-selected print titles circulated 1.32 times compared to 1.04 circulations for faculty-selected titles and 0.63 circulations for librarian-selected titles. For patron-driven print acquisitions, 63% of selectors were students and 37% were faculty and staff. Conclusion – The trial was considered successful in circulation and subject area diversity. Subject breakdown for patron-selected titles was consistent with expectations and mirrored traditional acquisitions strategies and expected demand. Patron-selected titles showed a circulation advantage over traditionally selected titles, though this advantage was more significant for electronic titles. The library intends to continue with patron-driven acquisitions. Considerations for future trials, including higher quality and more selective discovery records for print titles, more informative marketing, and better timing, could improve results.

R. Ferrière, J. Bronstein, S. Rinaldi et al.

S. Gould

E A Sorokina

When the study of English legal history began, scholars have sought to measure of influence of the Roman law on the common law tradition. Legal historians, first of all, have started to attend how Roman law was studied and used. As a result became conventional that Roman law was introduced into England by Master, Magister Vacarius and he was one of significant figures in the twelfth-century history. At the same time, on pages of domestic researches we will not find separate works devoted to his biography, activity and oeuvre. This article turns basically to one disputable question connected with the locus of Vacarius's law teaching in England, particular in Oxford.

Sergei Evgenievich Strakhov

<p>In today's world, a crucial role is played by the judiciary. In the period lasting judicial reform, it is important to explore this institution not only at the present stage, but also to trace the history of its development, including - through analysis and synthesis of existing studies of the judiciary and judicial reforms.</p><p>The purpose of this study - to explore the historiography of general, special and regional studies of judicial reform of1864 inRussia, to classify research on history and on the subject of the study.</p><p>Scientific, theoretical and practical significance of the work lies in the fact that the study of this topic will summarize the significant weight of the studies of the judicial reform of 1864 and classified by facilitating orientation interested in individuals in the study subjects.</p><p>The author uses historical, comparative, hermeneutical, mathematical methods, as well as general methods of scientific research.</p><p>The author analyzes the historiography of general, special and regional studies of the judicial reform of1864 inRussia, introducing a classification of such studies in chronological order (pre-revolutionary, Soviet and modern stages) and subject matter (common - affecting all aspects of judicial reform, special - dedicated to a particular aspect (legal agencies, prosecutors, legal, etc.) and regional - dedicated to judicial reform, or some aspects of it in some regions of Russia).</p>The results of this study are scientific and practical value, because they can be useful for teaching students - in industry disciplines "judiciary", "advocacy", "notary public", "public prosecutor's supervision" and general theoretical "History of State and Law," "History of the fatherland" ; in science - by picking up information about the historiography of the judicial reform, and in practice - said work can serve as a guide to research judicial reform, which may be useful to practitioners of judicial and investigative bodies, as well as - prosecutors, lawyers and notaries.

P. Rozin, C. Nemeroff, M. Wane et al.