Search

The article examines how corporations have shaped the definition of the "political" in the U.S. law and culture, particularly influencing governmental action and market regulation. It discusses he business community's role in dismantling New Deal regulations and the clash between libertarianism and populism in current political discourse. It concludes by analyzing how corporate influence in politics affects constitutional doctrines and government regulatory powers.

This article examines the empire-wide legal professional community that emerged for the first time in Chinese history during the Qing period (1644–1911). By analyzing a wide range of archival records and primary sources, this study provides valuable insights into the dynamic configurations of late imperial China's legal culture and juridical field, as well as the thousands of legal specialists who shaped them. The findings challenge much of the received wisdom about late imperial China, which has too often been assumed as a Confucian society that discouraged the use of law and legal expertise and was therefore unlikely to have witnessed so many Confucian literati becoming legal specialists, both within and outside the judicial system. [ABSTRACT FROM AUTHOR]

The present article is to examine the similarities and differences in the methods for regulating product liability issues within very differing countries, owing different legal culture and located in distant geographical areas, namely USA, Japan and Türkiye. These countries have a decisive economic influence on the world market that is growing with the effect of mass production worldwide. The USA was the cradle of product liability law, and now, it has spread to all countries. As a result of the global development and the national reception or adoption of existing legal solutions, a rich body of sources is available for a comparative analysis, which was the main research method used for preparing this work. This study analyses these above-mentioned adaptation processes. In addition, the analysis of these national regulations or legislative approaches may also provide insights into the future developments. The aim is to examine whether the additions made by the countries concerned to the law of another country can preserve the originality of their national law. Contrasting these product liability national regimes, this study scrutinizes how the chosen countries can maintain the originality of their national law during the adaptation of foreign legal solutions and phenomena. [ABSTRACT FROM AUTHOR]

Copyright of Bulletin of the L.N. Gumilyov Eurasian National University. Law Series is the property of L.N. Gumilyov Eurasian National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The number of policy analyses at the Land level has been rapidly increasing, yet we lack a comprehensive and systematic review of this literature. To close this gap, we have collected the entire population of eighty-five analyses of policy output from the last four decades and evaluated their research designs and findings. This evaluation reveals a gap in cultural and law enforcement policies as well as in comparative analyses across several policy fields. Methodologically, there is a need for policy content to be captured in a way that facilitates statistical analysis over time. We then examine to which extent established theories of policy-making predict variance in policy output. The partisan composition of government is clearly the strongest predictor. Since institutions and public opinion are rarely rejected, they should be included more frequently in future policy analyses. Our findings are of interest for both federalism research and policy analysis in general. [ABSTRACT FROM AUTHOR]

Committees of inquiry, in related literature, are often called as 'sharpest sword' of the opposition. However, this sharpness is highly dependent on how much rights the opposition is effectively provided by the fine details of the procedural rules, and whether these rights are justiciable. According to the German model, the inquiry must be launched if a quarter of the MPs require it, and the opposition enjoys minority rights also during the inquiry. Many countries implemented the first, but not the second element in their parliamentary procedures (Hungary, Kosovo, Albania, Lithuania), which led to ineffective inquiries. The only positive example for a successful transplant of the mandatory minority initiative for launching an inquiry is the neighbouring country, Austria. In most of the other countries, the majority is more effective in conducting inquiries, and, lacking judicial remedies, the opposition cannot put its right to inquiry in practice effectively. It seems that the mandatory minority initiative hardly works properly outside its original home country, Germany, and the only successful transplant country, Austria. Another evidence that legal transplants cannot survive if the legal environment and culture is not fertile and developed enough. [ABSTRACT FROM AUTHOR]

Defendants should not be punished more than they deserve. Sentencing scholars describe this precept against undeserved punishment as a consensus norm in American law and culture. Yet America faces a plague of mass incarceration, and many sanctions seem clearly undeserved, often far exceeding an offender's culpability or the seriousness of an offense. How can a society committed to desert as a limitation on legitimate sanctions allow such undeserved punishments? Critics argue increasingly that our focus on what offenders deserve is itself part of the problem. They claim that the notion of desert is too amorphous, malleable, and arbitrary to limit sentences, and instead operates as a moral license for excess. To avoid overpunishment, they urge us to pay less attention to desert. The problem, however, is not too much attention to desert. The real problem is too little attention to desert as a constraint. Sentencing statutes do not require an explicit determination of the limits of desert. Most regimes instruct judges to select sentences based on both desert and utility as if they were commensurate concerns. This tempts judges to exaggerate or ignore the limits of desert when greater severity would advance utilitarian ends, such as incapacitating the defendant or deterring others. A sentencer's perceptions of what is good for society as a whole can lead to sentences of virtually unchecked brutality. Remarkably, the rich existing literature on desert in sentencing has overlooked how our sentencing procedures thus invite sentencing excess. To prevent undeserved punishment, we must reform the sentencing process. Sentencing should begin with a cap, a specification of the maximum set by desert, prior to any inquiry into possible future benefits that a penalty might achieve. No final sentence should exceed that preset upper limit. Although existing statutory minimum penalties might still require undeservedly severe punishments, this proposed reform would expose their injustice and bolster the case for their repeal. [ABSTRACT FROM AUTHOR]

This article examines the epistemic bias of comparative law scholarship. Comparatists are unable or unwilling to recognise the religious dimensions in Western law as they see religion only in the context of non-Western law. This problem is typical of modern macro-comparative law, which fails to recount the influence of Christianity on Western law and legal culture. The article invites legal scholars to reach beyond the notions of 'religious law' and 'secular law' in terms of classifying the world's legal systems. Firstly, the article explains how comparative law has a problematic relationship with religion; secondly, it shows that, despite Christianity having been deemed a thing of the past, its influence can and should also be charted in modern law. I argue for a need to rethink the manner in which Western law is depicted as a thoroughly secular law as opposed to the religious law of exoticised others. [ABSTRACT FROM AUTHOR]

Little attention has been paid to what the word 'myth' contributes to the concept of rape myths. Rape myths tend to be regarded as widely believed falsehoods that need to be debunked in order to address patriarchal injustices. This account draws upon a long-standing vernacular English association between myth and falsehood which originated in the Enlightenment. But it is not the only possible definition of myth. This article draws upon mythological studies across a range of disciplines to argue that rape myths should be considered authentically mythic; that is, rape 'myths' are culturally significant folk narratives about sexual wrongdoing. This reappraisal enables a shift in our understanding of what rape myths are, what they could be—and what we can do to reduce their pernicious influence on the criminal justice system. It also enables legal scholars to more generally reassess how the concept of 'myth' is used across our discipline(s). [ABSTRACT FROM AUTHOR]

Victims' right to participate in their cases--to hear and be heard--has gained formal recognition in both common law and continental legal cultures over the past two decades. Paradoxically, even as victims' rights are acknowledged, their participation in the judicial process is increasingly circumscribed due to the proliferation of abbreviated and efficiencyoriented judicial procedures. Focusing on this paradox, this Article uncovers and analyzes the level of victims' participation in an era of convergence and transformation of legal cultures and traditions. By exploring new ways to conceptualize the role of victims within contemporary criminal legal systems, this Article explores various and creative paths to enhance victims' participation in an era characterized by the vanishing trial and a multi-door criminal justice system. [ABSTRACT FROM AUTHOR]

In the last 15 years, Uruguay has witnessed a process of judicialization of health care, carried out through litigation by hundreds of plaintiffs demanding access to high-cost medicines (HCMs) and challenging the constitutionality of laws regulating them. The case of Uruguay is interesting and informative because judicialization is occurring in a country with a comparatively robust health system and a traditionally deferential Supreme Court of Justice (SCJ). The study contributes to the literature on legal culture by examining a largely unexplored case, based on an analysis of the role played by the SCJ in reviewing the constitutionality of laws regulating access to HCMs. The systematic study of the Court's conceptions reveals the existence of three stages in terms of the (un)constitutionality of the challenged regulation and the nature of the arguments invoked. These shifts coincide with the frequent changes in the composition of the Court and suggest the coexistence of different legal cultures. [ABSTRACT FROM AUTHOR]

There was a widespread euphoria in the 1990s that introducing Western-style legal institutions and traditions would play a pivotal role in promoting the rule of law and democratization in post-Soviet societies. Like other post-Soviet states, Uzbekistan has become a 'laboratory' for testing various global (Western) good governance and rule of law initiatives. As a result of these interventions, Uzbekistan's legal system represents a peculiar blend of Western and Soviet legal cultures: Western" from the "law in books" perspective (when we analyze its written laws and regulations) and "Soviet" from the "law in action" perspective (when observing how laws are applied and enacted by state institutions and officials). However, one dormant but highly salient legal order overlooked in the literature on Uzbekistan is the legacy of Islamic legal culture. With this in mind, this article explores the legacy and context of Islamic legal culture in Uzbekistan. I argue that the more the focus moves from state-centered understandings of law to ethnographic analyses of everyday life and micro-level social processes and structures, the more it becomes discernible that Islam serves as a legal order in Uzbekistan. These processes will be explored through the ethnographic study of mahallas (neighborhood communities) in Ferghana, Uzbekistan. [ABSTRACT FROM AUTHOR]

Copyright of Journal of Actual Problems of Jurisprudence / Habaršy. Zan̦ Seriâsy is the property of Al-Farabi Kazakh National University and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

The paper is devoted to the features and advantages of using mediation in civil disputes. First of all, the article discusses the experience of some foreign countries (Germany, Lithuania, Estonia, etc.) in the field of mediation, and then aims to determine whether Georgian mediation is based on the model of any country or whether it differs in any specifics in Georgia. The article discusses the unique and extensive possibilities of mediation in resolving civil disputes. Consideration of the case in court is based on the consideration of legal issues, mediation is not limited to the consideration of legal issues; Non-legal aspects can also be analyzed during mediation. Thus, it is a flexible and informal process that gives the parties maximum freedom to discuss any issue of interest to them and takes into account their interests. The mediation process can be limited only by the interests of the parties and the mediator's creative methods. In this way, the parties have control over the process and results of mediation. The paper confirms that mediation in Georgia is based on a rather narrow model. In fact, the Georgian legislator lays the development of mediation on practice and gives freedom of action to the mediator, although he stipulates that this freedom is limited by the will of the parties. Accordingly, the mediation process should be carried out in compliance with the principle of voluntariness of the parties. Mediation is particularly attractive to businesses because of its benefits. For the parties, the confidentiality of the mediation process, saving time and financial resources, maintaining economic relations between the parties, focusing on positive aspects, and a favorable situation for both parties are important. Mediation is aimed at the self-determination of the parties, which helps to prepare the necessary ground for the settlement of the dispute. In addition, mediation can help prevent future disputes. [ABSTRACT FROM AUTHOR]

The purpose of this research paper is to present a study and analysis of the interaction and discourse between law, individuals, and culture within organizations. It aims to explore the social issues that arise because of this interplay, highlighting their impact on society. The paper investigates how legislation and organizational elements challenge societal norms, values, and the social structure of the community. Our approach is based on the literature and empirical observations accumulated throughout our professional and research experiences. The data we have collected is of a qualitative and exploratory nature, enabling us to have flexibility in the presentation, analysis, and formulation of initial conclusions and observations. [ABSTRACT FROM AUTHOR]

Comparing the disclosure of public information regarding the dissemination and publication to the public of newly enacted rules, setting Indonesia and the Netherlands as parameters is interesting as the legal cultures of both countries are intertwined and legal perspectives are constantly evolving. Despite differences in the rule of law, both countries have similar regulatory frameworks. This research uses a normative juridical writing method with a literature study to analyze the relationship between good governance and public information disclosure, including definitions, indicators, objectives, and important factors that influence the concept. The aim is to serve as a comparison parameter for a more efficient information disclosure mechanism. In Indonesia, the role of DPRDs is closely related to the issue of public information disclosure, as DPRDs have a dominant role in authority. Meanwhile, in the Netherlands, the local government takes the lead in setting regulations. Nonetheless, both countries emphasize the importance of checks and balances through the establishment of RvD and KIP, to oversee and integrate the aspirations of the community. The results of this study suggest that public information disclosure is important in both Indonesia and the Netherlands, as demonstrated by regulations that prioritize transparency, accountability, public participation, responsiveness, and the rule of law in governance. This commitment to openness aims to bridge the gap between public expectations and government actions. And in conclusion, the harmony between the process of forming regulations involving the DPRD as a representative of the people's voice and information disclosure is interrelated in public services towards the achievement of good governance. [ABSTRACT FROM AUTHOR]

The article focuses on the 18th Conference on Translation, Interpreting, LSPs and Cultural Studies held on Obrzycko, Poland held on June 17-17, 2023. It notes that participants of the event were able to analyse and discuss a plethora of aspects concerning hunting LSPs, law and culture and to present their research findings on those subject matters. The French terminology concerning the behaviour of game during hunting with dogs was analyzed in the presentation of Doctor Magdalena Stefaniak.

The article focuses on the 70th anniversary of the Federal Constitutional Court (BVerfG) and its renewed attention, exploring the court's role, history, and the impact of its jurisprudence on the constitution and legal culture. Topics include an analysis of the court's potential conservatism, examining its historical grounding, and evaluating its role in shaping constitutional principles.

Rooted in medieval juridical thinking, early modern legal culture saw community's law as the expression of an underlying order of things, something defined not by the willing agreement of the parts that constituted the community, but rather by nature and nurture. For the Iberian world, this belief was expressed in the idea of the 'señorío natural', which according to legal doctrine was a bond that linked subjects to the land where they were born and subjected them to a common jurisdiction (Hespanha, Uncommon Laws). Communities and all kinds of corporate bodies thus also had a natural origin, which points to an intertwinement, and not a contradiction, between nature and different kinds of collective bodies. These bodies--corporations, guilds, communities, families, and so on--were the basis for the assignment of rights, obligations, privileges, and duties, but also for the distribution of access to land. This article seeks to reframe ownership and property within this framework as a way of rethinking the ways in which communities defined their relations to land. [ABSTRACT FROM AUTHOR]

The author comments on the 24th Annual Grotius Lecture given by Judge Hilary Charlesworth of the International Court of Justice at the Annual Meeting of the American Society of International Law on April 6, 2022. Topics include the author's appreciation of the lecture for focusing on the intersection of art and international law and how images and the visual sphere affect the law discipline, and her thoughts on the interplay of international law and culture from a cultural rights perspective.

This paper develops a methodological framework to understand criminal laws as cultural artefacts—as manifestations of structures, processes and struggles which are part of the broader social (re)production of meanings, values and affects. The first section sets out the groundwork for a cultural examination of criminal law, deploying insights from cultural theory to understand criminal law's function in securing civil order. The paper then maps and critically analyses the cultural structure of the law of joint enterprise, which it argues is conditioned by a danger formation centred on the racialised and hostile construction of the image of the urban gang. The third section investigates the implications of this danger formation to the possibility of legal change through a cultural reading of the UK Supreme Court decision in R v Jogee. The paper concludes by reflecting on the value of a cultural understanding of criminal law. [ABSTRACT FROM AUTHOR]

This article explores the process of circulation of normative models and legal theories between Europe and Latin America. It analyzes the circulation of the German possessory model in the Argentinian legal experience between the enactment of the Civil Code of 1869 and the Civil Code Draft of 1936. We argue that the prominence of possession in nineteenth-century local legal culture and practices both conditioned and encouraged the reception of this model. The criticisms that arose at the beginning of the twentieth century regarding the liberal property law of the Civil Code were channelled, in the Civil Code Draft of 1936, through an expansion of the protection of possession to situations not previously contemplated, such as rural and urban leaseholds. German law, which served among other things, as the basis for this legal innovation, was adapted to specific legal traditions operating in provincial regulations. [ABSTRACT FROM AUTHOR]

Despite its traditionally "tight" social and legal culture, Singapore recently loosened its personal bankruptcy rules significantly. This reform paralleled quite similar moves in the West in recent decades, but it represents a watershed in Asian regulation of the challenges of rising personal debt. Singapore's impressively deft navigation of a sudden wave of personal overindebtedness between 1995 and 2015 is highly instructive of what a "persuasive "Asian" or tight strategy for similar moves might look like as neighboring countries in South and East Asia undertake similar reform efforts in the aftermath of the COVID-19 pandemic and the world's slow recovery from its economic ravages. [ABSTRACT FROM AUTHOR]

The economic recession, COVID-19 pandemic, growing indebtedness of the consumers, and enhancement of credit borrowings such as credit cards, personal and household loans have led to the growing numbers of the credit default, and the subsequent surge of the debt collection practices in the World and Georgia is no exception. Even though private debt collection is necessary on the market, it usually involves abusive or unfair practices towards the debtors in the debt recovery process. This Article identifies an existing regulatory gap in the field of private debt collection and analyzes traditional branches of Georgian law to answer the question of whether they can tackle and prevent abusive and unfair debt recovery practices. It also gives an overview of the selected regulatory responses - Anglo-Saxon systems (the United States and the United Kingdom) possessing the most developed system. The specific focus rests on the building blocks of an efficient regulatory system touching upon the private debt collection activities with the idea that will follow the best practice and fill the regulatory gap. [ABSTRACT FROM AUTHOR]

The topic concerns the legal features of refusing to accept an inheritance. The prototype of rejection of inheritance originates from ancient times. Roman law occupies a special place among the ancient legal systems, which belongs to the strong values of the legal culture, emphasizing its enormous importance for the legal development of both European and other states. According to the legislation in force in Georgia, the law regulates relations related to the refusal to accept an inheritance. The heir has the right to refuse to receive the inheritance by law and by will from the circle of heirs. Refusal to accept inheritance is irreversible and requires special attention. In its content, it is clearly different from the avoidance of inheritance. It is not allowed to refuse to receive the inheritance partially, for a period or with any reservation. If the heir refuses to accept the inheritance, he must altogether refuse it within the time limits defined by the law. An inheritance that passes to a decedent's heirs is considered the total of all assets and liabilities of the decedent. Legal norms related to inheritance relations need to be adjusted. The central part of the legal norms regulating inheritance has not changed after the adoption of the Civil Code of Georgia. Georgian legislation and practice in this area are not without flaws, and problematic issues have accumulated that need to be understood in a new way. The work is a legal study, the purpose of which is to review the legal features of the refusal to accept the inheritance, the shortcomings, the legal norms used, and judicial and notary practices based on the comparative legal analysis of the legal literature of foreign countries, related to the refusal to accept the inheritance and the avoidance (non-acceptance) of the inheritance. Also, the work aims to present the problems, which will allow us to develop conclusions and recommendations to determine how to regulate this relationship. [ABSTRACT FROM AUTHOR]

The normal functioning of the justice system existing in the state, which should ensure the satisfaction of the private interests of the subjects of law, should be evaluated as an expression of public and private interests. After all, the well-being of the subjects of law is significantly determined by the existence of a flexible dispute resolution system and mechanisms, the correct formation and implementation of which guarantees the stability of the civil turnover and the satisfaction of the interests of legal subjects. Despite the importance of the issue, ensuring that the legal subjects are offered fast and affordable forms of dispute resolution, remains to be a challenge. Achieving the mentioned goal becomes more difficult, when the dispute is loaded with international private law elements, is characterized by complexity in this way and its resolution is connected with a number of peculiarities. That is why, on the one hand, it is considered important to make changes in the law of Georgia "On Private International Law", which will eliminate the risks of its misinterpretation. On the other hand, it is important to emphasize the role and importance of mediation in the process of resolving international private law disputes. Accordingly, following the legislative amendments, it is also considered important to raise public awareness in this direction and improve legal culture. The above-mentioned, significantly helps the formation of a chain of effective means of dispute resolution, where, on the other hand, an important place shall be given to the form of remote proceedings. [ABSTRACT FROM AUTHOR]

This essay aims to reveal the relationship between sophistry and law in a twofold direction: on one side, how the development of ancient Greek law influenced sophistry's production, and on the other, how and to what extent the knowledge and skills developed by sophists contributed to the development of legal expertise in classical Athens. The essay will initially focus on the historiographical category of the sophists to identify a line that connects these intellectuals to the new vision of society, the democratic polis, and the community that presides over legal and judicial life. This section will show that we can indeed speak of a "sophistic movement" in light of the structuring role of antilogies (antilogiae, or antithetical arguments) in forensic rhetoric. The rest of the essay will examine, from a theoretical point of view, sophistic methods of argument that contributed to the development of ancient Greek law. Touching on the issues of opposition, the debate, the reductio ad absurdum, and the principle of non-contradiction, the essay will highlight the relevance of sophistic thought to the judicial field and, more generally, the legal arena, in ancient Athens, so much so that one can think of the sophists as advocates of a particular legal culture. [ABSTRACT FROM AUTHOR]

Copyright of Revista de Historia del Derecho is the property of Instituto de Investigaciones de Historia del Derecho and its content may not be copied or emailed to multiple sites or posted to a listserv without the copyright holder's express written permission. However, users may print, download, or email articles for individual use. This abstract may be abridged. No warranty is given about the accuracy of the copy. Users should refer to the original published version of the material for the full abstract. (Copyright applies to all Abstracts.)

Within the rich literature on the International Criminal Court (ICC), across international criminal law scholarship, transitional justice and international relations, the study of 'law and culture' has a lengthy pedigree. After the ICC came into operation on 1 July 2002, several years followed before the first monographs on the Court's law and culture were published, notably Sarah Nouwen's Complementarity in the Line of Fire (2013) and Phil Clark's Distant Justice (2018). This delay reflected the years of field-based research necessary for empirically minded scholars to usefully comment on the Court. The writing of these scholars was informed by long periods spent in the field in ICC situation countries, enabling them to bring a meaningful understanding of the lives of affected communities to their analysis of the Court's impact. Clark's book, for instance, was the culmination of eleven years of research and fieldwork in ICC situation countries (Clark, 2018). These extensive periods of contact with victims and survivors have brought fresh perspectives on the ICC to those of us whose work is, necessarily, focused on proceedings in The Hague and who are, inevitably, unable to claim genuine long-term familiarity with the local meaning of the Court's proceedings for those whose lives we believe or hope we are (positively) impacting. Well-executed field-based research has so much to offer because it can be at once intellectually distanced from court proceedings in The Hague, while intellectually proximate to the locus delicti of international criminal justice in affected communities. [ABSTRACT FROM AUTHOR]

The article discusses the significance of Latin legal rules (regulae iuris, maximae iuris, dicta) for European legal culture. One of the areas explored by the authors is the relationship between the content of these rules and the language in which they were written down, i.e. Latin. Section one provides an overview of the origin, sources, and techniques of formulating legal rules by the jurisprudence of the ancient Roman state, with particular focus on the history of development of ius Romanum. After the dissolution of the Western Roman Empire (476 AD), the Church became the custodian of the values embedded in Roman law in Western Europe. Not only did she treasure precious scrolls containing ancient legal wisdom for the future generations but also implemented many Roman regulations in her internal legal system, as expressed in the paroemia Ecclesia vivit lege romana. This issue is addressed in section two. An important vehicle of disseminating the Roman legal thought, including its paroemias, was the Latin language. The ancient Romans contributed to its increasing circulation through rapid political expansion. Over time, Latin also elevated to the rank of the language of the Western Church. Because of that, it continued to prevail, also as a durable carrier of legal knowledge. This phenomenon is discussed in section three. The last section covers some facets of the use, application, and impact of Latin legal rules on modern legal science. [ABSTRACT FROM AUTHOR]

This article presents an example of law and literature movement applicability as a phenomenon in legal sciences. It shows the links between law and literature based on the example of the features that are characteristic of literature and, at the same time, are important in the reflection of the philosophy of law and in current law-making practice. This approach is inspired by a cultural approach to legal theory and philosophy (cultural studies of law). The law and literature movement deals with diverse issues in the field of the integration of legal sciences with linguistics and literary theory. The law and literature movement is not novel in the Anglo-Saxon legal culture, as opposed to Polish law science where it is rather new and has recently been gaining in popularity. In this paper, I will try to answer the question of how the law and literature movement and research perspectives originating from this trend could be an inspiration for further use in legal philosophy. This reflection is inspired by some works in the science fiction (S-F) genre. [ABSTRACT FROM AUTHOR]

The article summarizes the research undertaken for my PhD thesis, currently being prepared for publication. More specifically, it attempts to show how the resulting findings can offer a valid contribution to international historiographical debate, with a particular focus on the Italian and German contexts. The research covers various issues: firstly, the participation of Italian iudices in the „Konsensuale Herrschaft" at the Hohenstaufen court and – from a broader perspective – their contribution to the „Staatlichkeit" of the medieval Empire. Secondly, their role within the political space of the Italian cities during the phase in which communal institutions originated and developed. Finally, it tackles aspects related to the evolution of legal culture in the context of the European development of Ius commune. Taking into consideration the currently most debated scholarly achievements in the respective fields, it is shown that the presence of Italian iudices at the service of the Hohenstaufen Empire is a transversal historiographical phenomenon that offers multiple avenues of investigation. [ABSTRACT FROM AUTHOR]

Judges' legal culture is a factor that has been regarded as an important explanation of judicial behavior. As a concept, however, it has been difficult to operationalize and measure and, therefore, frequently dismissed. In this piece, I bridge three different literatures, tackling the lack of theorization in judicial politics' ideational accounts when dealing with the concept of judges' legal culture. Then, I use an original survey with federal judges in intermediate courts in Mexico and conduct a factor analysis to identify judges' legal culture and determine to what extent judges hold a positivist or a constitutionalist legal culture. [ABSTRACT FROM AUTHOR]

Efficiency often carries a positive connotation. To be efficient, especially in a job, is to get things done quickly and with little wasted effort. As such, it makes sense that lawyers and judges see efficiency, especially in the form of plea bargaining, as a normative good, particularly since it can be used in individual cases to achieve fair results in an often unfair system. But this view of efficiency masks the darker side of the efficient administration of justice, which has contributed to some of the underlying causes of mass incarceration. To combat mass incarceration, reformers must think seriously about how to break lawyers and judges of their efficiency mindset. Legal culture change in criminal courts is unlikely to be driven by legislation, court action, or lawyers and judges themselves. Instead, this Essay suggests other sources of power that may break the efficiency mindset. By examining these sources of power—both inside and outside of the legal culture—the Essay hopes to offer some ideas for how legal actors might start to, or be forced to, re-envision their role in mass incarceration. [ABSTRACT FROM AUTHOR]

Judges' legal culture is a factor that has been regarded as an important explanation of judicial behavior. As a concept, however, it has been difficult to operationalize and measure and, therefore, frequently dismissed. In this piece, I bridge three different literatures, tackling the lack of theorization in judicial politics' ideational accounts when dealing with the concept of judges' legal culture. Then, I use an original survey with federal judges in intermediate courts in Mexico and conduct a factor analysis to identify judges' legal culture and determine to what extent judges hold a positivist or a constitutionalist legal culture. [ABSTRACT FROM AUTHOR]

The Ministry of Higher Education of Cuba goes through a process of updating and improving its training system. The members of the Project: Strengthening the Sciences of Education at the University of Sancti Spíritus "José Martí Pérez», have detected difficulties in legal advice in the agricultural environment, since the articulation of Information Technologies and Communication to the training of the Law Degree. The objective of this presentation is to present a didactic strategy for the formation of the Law Degree in the agricultural environment applying technology. The general method used is the Census Criterion. The model used is the case study since a specific sample of Law Degree from the Group specialized in Agrarian Law of the Provincial Company of Legal Services of Sancti Spíritus is analyzed. This is an investigation based on the analysis of qualitative and quantitative data. The qualitative ones in the form of participatory observations, and the quantitative ones obtained from structured interviews with the Law Graduates of the Group specialized in Agrarian Law, their study and description of the documentation. The main theoretical result is the structuring of a didactic strategy and the main practical result is the development achieved by Law graduates in learning the contents of Agrarian Law. [ABSTRACT FROM AUTHOR]

The article focuses on reasons for law and economics succeeded at influencing doctrinal legal thought in an era when legal Anthropology has largely failed in this regard. It mentions legal transplants denotes concepts moved across cultural, communal, national or systemic borders, conceptual transplants transcend academic disciplines. It also mentions part of a continuity rather than discontinuity with contemporary Western legal culture.

Family violence within Aboriginal communities continues to attract considerable scholarly, governmental and public attention in Australia. While rates of victimization are significantly higher than non-Aboriginal rates, Aboriginal women remain suspicious of the 'carceral feminism' remedy, arguing that family violence is a legacy of colonialism, systemic racism, and the intergenerational impacts of trauma, requiring its own distinctive suite of responses, 'uncoupled' from the dominant feminist narrative of gender inequality, coercive control and patriarchy. We conclude that achieving meaningful reductions in family violence hinges on a decolonising process that shifts power from settler to Aboriginal structures. Aboriginal peoples are increasingly advocating for strengths-based and community-led solutions that are culturally safe, involve Aboriginal justice models, and recognises the salience of Aboriginal Law and Culture. This paper is based on qualitative research in six locations in northern Australia where traditional patterns of Aboriginal Law and Culture are robust. Employing a decolonising methodology, we explore the views of Elders in these communities regarding the existing role of Law and Culture, their criticisms of settler law, and their ambitions for a greater degree of partnership between mainstream and Aboriginal law. The paper advances a number of ideas, based on these discussions, that might facilitate a paradigm shift in theory and practice regarding intervention in family violence. [ABSTRACT FROM AUTHOR]