Cultural Crisis and Danny Reveco: On the Cultural Politics of Crime and Street Art in Chile

The article deals with the content and characteristics of directions of mass media influence on individual’s legal culture. Main directions of legal influence, such as informative-legal education, legal nurturing, legal propaganda are defined by the author. Today there are a lot of problems in Ukraine, which prevent the country from becoming a developed European state. One of these problems is undeveloped legal outlook and legal nihilism of public and local self-governing authorities, and citizens, in particular. Taking into account everything mentioned above, effective legal influence is extremely important, and legal civility and high level of individual’s legal culture will be the results of this influence. The urgency of the issue lies in the fact that mass media influences legal awareness and individual’s legal culture; society’s perception of legal information depends on its operation. The aim of the paper is to distinguish and characterize main directions of mass media influence on individual’s legal culture. The press, TV and radio, as well as electronic mass media are the media that broadcasts spiritual and legal values in mass consciousness, makes powerful influence on individual’s legal awareness. Through legal influence national mass media regularly provides information on national legislation, the activities of the legislative, executive, judicial branches, the state of public order, law violations fighting, especially among minors, law violation prevention, etc.; general and educational television and radio channels, pages, headings and other popular forms of legal information are created. As we know, mass media is an institution of individual’s legal socialization. Legal socialization is the result of positive legal influence of mass media. Some elements that are destructive to an individual may be present in the process of legal socialization. Watching TV programs containing antisocial scenes is closely connected with antisocial behavior. Psychologists call it modelling of mass media acquired behavior, the result of learning through observation, which can also be called nonlegal or unlawful socialization. Among other things, there is a negative aspect of resorting to news and analytical programs which involve the selective supply of legal information on television and radio. Feature films, documentaries and criminal chronicles promote standards of legal behavior, which are incompatible with legal values of Ukrainian society. To sum up, it is possible to identify the following main areas of mass media influence on individual’s legal culture on the basis of the study: a) informative and legal education which forms legal thinking and individual’s legal outlook; b) legal nurturing that determines a positive attitude towards the law and individual’s good behavior, and is implemented through systematic legal influence on a person, development of his focus on socially active good behavior; c) legal propaganda which forms an individual’s conviction that it is necessary to follow rules of law and strengthen positive legal orientations. Mass media legal influence should not be limited only to the distribution of knowledge on legislation to citizens, it is also important to form an individual’s conviction that it is necessary to follow rules of law, create a positive attitude towards the law and have good behavior.

In the last two decades, the Argentine and Chilean states have passed laws and policies targeting Afro-descendant populations. But while Argentine law has institutionalized Afro-descent through a broad notion of African ancestry and African-based culture, the Chilean state has legally defined Afro-descent in relation to a particular history, culture, and identity connected to a long-standing presence in the national territory. In this paper, I examine the role of immigration in explaining how Afro-descendant subjecthood has been legally constructed and institutionalized in each national context. Through archival and interview-based research, I analyze how classification struggles within each Afro-descendant movement and between Afro-descendant activists and the state frame claims and strategies for legal inclusion, ultimately impacting how the boundaries of Afro-descent are defined and institutionalized in each national context. Immigrants’ early participation within the Afro-Argentine movement promoted heterogenous political framings, but feelings of threat drove some Afro-Argentine activists to emphasize nativist claims. This has produced a diversity of legislation and policies that target different populations, including immigrants—what I refer to as a “transnational-racial” model. In Chile, immigrants have not participated prominently in the Afro-descendant movement, but they have been present in the imaginaries of activists and state officials debating legislative and policy measures. Afro-Chileans’ political success requires not being seen as foreigners by state officials, driving them to emphasize their national belonging. Thus, Black subjecthood has been institutionalized targeting Afro-Chileans who share a common history and culture while excluding immigrants—what I refer to as a “national-ethnic” model.

The introductory part of the essay deals with the notion of legal culture and its categories. Later, the author sets forth the characteristics of the common law and the Roman- German legal cultures, including the legal families within them. He also touches upon the tendencies of the development of the German legal and political culture. With respect to the integration of the legal systems into the EU, the author argues as an advocate of convergence. Both basic legal cultures are being modified as, besides statutory law, judicial law becomes significant in the continental legal systems and statutory law complements case law in the common law systems. As to the integration of the Hungarian legal culture into the EU, the essay points to two principal considerations. On the one hand, when working on making our legal culture "euro-conform", we must not forget about maintaining our own legal culture. On the other hand, the Hungarian legal culture can contribute to the development of the legal system of the EU, e. g. with some of the regulations of our statute on the ethnic minorities. At the end, the author shows that the efficacy of the European law is heavily dependant upon the national legal systems.

Antes de que la ley indígena de 1993 reconociera la existencia del pluralismo cultural en el territorio nacional y sentara las bases de la participación de las «etnias chilenas» en las políticas aplicadas por el Estado, los pueblos autóctonos eran meros objetos del derecho. En efecto, la política indígena implementada por el Estado chileno desde su independencia fue fundamentalmente caracterizada por la voluntad de asimilar a los autóctonos. En este artículo analizamos la naturaleza de las relaciones que la Nación chilena (imaginada como homogénea y europea) y el Estado (centralista y en busca de unidad territorial) establecieron con los mapuches, uno de los pueblos indígenas más numerosos de América Latina.

In the early nineteenth century Chilean elites centralized political power and forged a national state independent of Spain. The new government’s main goals were to expand Chile’s national territory as far south as Cape Horn, a region that included the frontier zone known as Araucanía (between the Bío-Bío and Toltén Rivers), and assimilate Araucanía’s inhabitants, the “barbaric” Mapuche Indians- several ethnic groups that shared a language and cultural traditions- into Chilean society. Some Mapuche groups such as the Trapatrapa Pehuenches and the Abajinos became ardent supporters of the state’s territorial ambitions. They allied with the Chilean government and fought against a common enemy that included a few remaining Spanish officers, soldiers, and other Mapuche groups such as the Arribanos and Pehuenches of Chillán. This article will analyze the Pehuenches of Chillán and the Arribanos. The Pehuenches of Chillán resisted the Chilean government’s efforts at territorial expansion on to their lands. The Arribanos initially resisted with the Pehuenches of Chillán, but in the mid-1820s switched sides and became a supporter of the Chilean state. This article will address why these two groups were divided and the actions each group undertook to achieve its desired outcome. Ultimately it took most of the nineteenth century for the Chilean state to acquire national territory that extended as far south as Cape Horn, and those that lost the most were the Mapuches.

The article examines the moral and legal state of modern Russian society based on a secondary analysis of sociological research data, through the prism of the problem of the balance of morality and law, as well as pub-lic and state moral and legal regulation in the context of cultural policy. The author substantiates that the crisis of legal awareness and legal culture is accompanied by a decline in the moral consciousness and moral cul-ture of Russian society. On the one hand, research shows that in modern Russia there is a sufficient level of development of ethical consciousness and there are prerequisites for its successful development in the present and the future. On the other hand, scientists record the crisis of modern legal awareness, which disrupts the balance between morality and law, moral and legal cultures, and creates conditions for abuse of power by po-litical elites in the processes of politicization and legitimization of the moral sphere. Among the negative factors that historically determine the low level of legal awareness of Russians and have become part of the cultural and civilizational code of Russia, legal nihilism and distrust of government should be noted due to the lack of confidence in ensuring the principle of equality of all before the law and fair law enforcement.

Milton in China

In this article we have tried to analyze the negative factors that affect the development of legal and political cultures and are common to them. Any negative factors that exist in civil society are also reflected in the legal and political cultures. One of these factors, in our view, is corruption. In general, corruption is in he rent in any state and any society because it is connected with the human nature, greed and in ability to deny it self and stop in time, therefore, in our view, corruption as well as crime in general can not be over come – they can be substantially reduced. Level but not eradicate. Ukraine today declares its political and legal path to wards Europe, its values ​​and humanistic ideas. The persistent corruption crisis, which has been going on for quite sometime in our country, requires deep social reforms that must first and fore most affect people's consciousness and their social standard of living. It is no better in the political sphere, because today we do not even have a legal definition of the concept of "political corruption"; Today's society is characterized by some ambivalence, we have the same problem in the political sphere as in the legal sphere, namely, on the one hand citizens "cry" about the need to fight corruption, on the other – by all means "help" its prosperity by finding all the time for it self justification, fearing "reprisals", simply be having marginally. Thus, we lose one of the main elements of political consciousness - motivation. Another serious negative factor affecting the development of legal and political cultures is nihilism. Since nihilism is itself a rejection of values, in our case legal, it is quite understandable that languages, not only about the high, but at least satisfactory, state of legal culture cannot be. The spread of legal nihilism in our society has become possible not only because of an unsatisfactory level of lawmaking and enforcement, but also through appropriate political decisions that precede it. In this context, we can say that legal nihilism is characteristic not only of ordinary citizens, but in most of our politicians, top officials who constantly broadcast to the general public their disrespect for the Law. As a result, in the political sphere, this leads to a total distrust of the people in the political establishment of Ukraine, marginal behavior, the pursuit of screen leaders, and as a result of deformation of political consciousness and a decrease in the level of political culture as a whole. As a result of this study, it becomes clear that legal and political culture have common factors that depend on both the speed of their development and the qualitative component.

This essay is an outcome of the pandemic, which in 2020 pushed me to reorient a sabbatical to studies of German legal culture. It combines an autobiographical background in Germany in the 1950s and 1960s with a longstanding interest in legal history, legal pluralism, legal culture, and gender and law. These fields are addressed from different angles, which demonstrate considerable changes of political and legal systems and cultures in German (speaking) areas. Within the last half century, a culture of silence and shame has attempted to come to terms with a patriarchal past, while also combining political cultures and economies from two parts of Germany, which merged a generation ago, and are still very diverse.

The thesis deals with the concept of legal culture and its characteristics in the population of adult citizens of the Republic of Croatia. Although we are dealing with one of the key topics in the sociology of law, popularized since the early 1970s, when Lawrence Friedman coined the concept, in the Croatian scientific community, it is assessed only from the field of legal scholarship. It is often used as a synonym for concepts such as legal system or legal tradition, while its social determinants remain unknown. At the same time, in international scholarship, the concept of legal culture does not have a homogeneous meaning. Critical approaches problematize its definition, constitutive elements, and legal culture levels, which lead to the lack of the concept's explanatory power. Hence, in order to fulfill the primary goal of this thesis – to determine the characteristics of legal culture in Croatia – I developed a theoreticalconceptual framework of the subject of the analysis. Following the general assumptions of the socio-legal approach, the concept of legal culture has been built using the sociological perspective as a stepping stone for empirical research. Similar to Almond and Verba's concept of political culture, the theoretical basis was built on Talcott Parsons' theories of structural functionalism. By using the system theory and the AGIL model, legal culture has been defined as a part of the legal system that fulfills the function of its legitimization. Additionally, by the theory of social action, legal culture has been described as a set of orientations that determine the interaction of citizens with the legal system, which are mediated by common value standards. In the analytical sense, legal culture is based on three types of motivational orientations paired with value orientations that shape the legal system and, at the same time, are standards of orientations of individuals towards the legal system. Cognitive orientation is represented by the expectations from the legal system based on its actual and potential functions. Cathectic orientation describes the perception of the legal system based on its actions and expectation-fulfillment. Evaluative orientation, which is the key aspect of the legal culture, is defined by the behavior of citizens in relation to the legal system. Through the analysis of legal principles, the rule of law, justice, and legitimacy have been defined as value components that shape these orientations. In the end, legal culture has been defined as a set of expectations from legal system based on the rule of law, perception of the justice of the legal system, and the behavior in relation with the legal system that determines its legitimacy. Based on this theoretical-conceptual framework, the qualitative part of the research, semi-structured interviews with law experts were conducted. Through the thematic analysis, indicators of the three types of legal culture orientations were determined and then used to construct the instrument for measuring legal culture composed of the three orientation scales. The second, quantitative part of the research survey was conducted on a representative sample of adult citizens of Croatia, by which the characteristics of legal culture were determined, and the theoretical assumptions about the connection between orientations were examined. The legal culture in Croatia is determined by the high level of expectation that the legal system operates by the rule of law, a pronounced perception of its injustice and division in behavior towards the legal system, with somewhat stronger emphasis on behaviors that give legitimacy to the legal system. Amongst the sociodemographic variables, the region has the strongest impact on variations in all segments of legal culture. In addition to sociodemographic variables, differences in orientations towards the legal system are determined by personal and close person experiences with the legal system and attitudes on media presentation of the legal system. Analysis showed that from all the independent variables included, expectations from the legal system and perceptions of the legal system most strongly shape behavior towards the legal system. However, the overall variances in behavior towards the legal system remain largely unexplained.

The Article is devoted to justification of the fact that the federalism has a number of features, which are common with the characteristics of liberal democracy. The author proves that both of these phenomena represent the political forms of the organization of society developed by the Western Euro-pean and North American political and legal cultures. The interrelation between federalism and democ-racy is traced in the western legal and political cultures at the conceptual, structural and functional lev-els, these phenomena are caused by typological specifics of the western societies. That means that the diffusion of the public power, competition of social groups, development of institutes of civil society are internally immanent to western political and legal cultures. The integrating elements of federalism are provided with its consideration in three main aspects - as the structurally functional principle characterizing society and the public power, as the way of the political and territorial organization of the state assuming a combination of elements of centralization and decentralization and as a process, characterizing society in aspect of its democratization. Representatives of the American and European political and legal science of the second half of the 20 century came to a conclusion that formation of the democratic state and realization of the princi-ples of federalism are impossible in societies where ideological opposition, lack of uniform political and legal culture, differentiation of society on religious, ethnic, social and to other principles takes place. In their aspiration to solve a problem of theoretical justification of a possibility of implementation of the principles of liberal democracy and federalism in any society, in any cultural and historical condi-tions, the ideologists of liberal democracy go for modification of their concepts. As an example the idea of consociation democracy is considered as some kind of «social dimension of federalism». However, despite such attempts, it is necessary to recognize that in the societies where the political power was in-stitutionalized in others, than in Europe and North America, historical conditions, where in a basis of relationship between the individual, societies and the state lie other principles, where liberalism and lib-eral democracy as concepts weren't a product of the society, and have been introduced from the outside, the principles of federalism in their western, liberal and democratic understanding are inapplicable because of lack of objective social, economic, political, ideological and cultural prerequisites to their real-ization.

Legal change in post-communist states: Contradictions and explanations. Introduction

Worldly Men and Pious Women: The Rise of a Double Standard in Colonial Connecticut Kathleen M. Brown (bio) Cornelia Hughes Dayton. Women Before the Bar: Gender, Law, and Society in Connecticut, 1639–1789. Chapel Hill: University of North Carolina Press, 1995. xviii + 382 pp. Figures, maps, appendixes, notes, bibliography, and index. $49.95. In 1763, twenty-four-year-old Ephraim Keith, Jr. sought the counsel of lawyer Robert Treat Paine about a paternity suit being brought against him. Keith, a Harvard graduate and student of the law, was the son of a justice of the peace and a member of a prominent family. By eighteenth-century standards, he was a young man with bright prospects. Finding himself charged with paternity, however, Keith appears to have seriously considered jettisoning both his studies and his ties with family and friends to escape legal trouble until persuaded by Paine to settle the suit out of court. In addition to offering sage advice and legal counsel, Paine agreed to smooth the way with Ephraim’s father, urging the son to make apology and a pledge of “repentance and future good Behavior” to the elder Keith (p. 227). Describing Ephraim’s tragic flaw as that of being “too handsome,” Paine explained the son’s moral lapse to the father as the victimization of “a poor inoffensive inexperienced Youth,” who, like Joseph of Old Testament fame, risked being ruined at the hands of a cunning seductress. Thanking Paine, Ephraim sounded less like a chastened prodigal than a worldly wise rake amused by the parochialism of his lover and her community. “It is needless for me to Describe the Perplexities and Embarrassments I laboured under with a Brace of Bailiffs at my Heels and all merely for the Peccadillo of begetting my own Likeness” (p. 228). At first glance, Keith’s “Embarrassments” appear tangential to Cornelia Hughes Dayton’s Women Before the Bar: Gender, Law, and Society in Connecticut, 1639–1789. Keith was living in Massachusetts when he became the target of a paternity suit, whereas Dayton concerns herself mainly with the jurisdiction of New Haven Colony (later New Haven County) and the colony of Connecticut. The documents generated about Keith’s legal trouble, moreover, contain very little information about the young woman pregnant with his child [End Page 37] whereas Dayton’s focus is upon “the many women who entered early Connecticut courtrooms: women suing and being sued over debt and slander, women petitioning for divorce, women prosecuted for sexual transgressions, women advancing rape charges” (p. 2). Yet the contending interests represented by Keith, his lover, and his lawyer, if not the precise details of the incident, create the dynamic tension that pervades Dayton’s history of law and society in colonial Connecticut. Arguing that an expanding commercial economy, a growing conformity with English common law, and the bourgeois sensibilities of the colony’s rising merchant and professional classes contributed to erode the Puritan legal ethos of the seventeenth century, Dayton traces the emergence of the legal culture that replaced it. She identifies several trends that framed the choices open to Keith, his lawyer, and his anonymous lover: the increasing ability of young men to avoid public trials and punishments for sexual misconduct that would have been de rigeur during the seventeenth century; the growing likelihood that mothers of illegitimate children, particularly if they were Indian, African, or of the lower classes, would come to shoulder the entire burden of public punishment; and the rise of a predominantly male legal culture, based on knowledge of technical legal maneuvers and with strong ties to English common law traditions, which supplanted the Puritan courtroom’s emphasis on confession and morality. Dayton contends that the calculated choices made by individual women and men were not simply acted out against a distant backdrop of legal constraint, however, but rather were integral to the process through which eighteenth-century legal culture was created. Her insistence that women as well as men engaged in dynamic interactions with the law (and with each other through the law) to produce this legal culture enlivens her account of changing litigation patterns and standards of evidence. Eschewing the sampling techniques that provide only truncated glimpses of...

With this book, Karin Rosemblatt presents a gendered history of the politics and political compromise that emerged in Chile during the 1930s and 1940s, when reformist popular-front coalitions held power. While other scholars have focused on the economic realignments and novel political pacts that characterized Chilean politics during this era, Rosemblatt explores how gender helped shape Chile's evolving national identity. Rosemblatt examines how and why the aims of feminists, socialists, labor activists, social workers, physicians, and political leaders converged around a shared gender ideology. Tracing the complex negotiations surrounding the implementation of new labor, health, and welfare policies, she shows that professionals in health and welfare agencies sought to regulate gender and sexuality within the working class and to consolidate the male-led nuclear family as the basis of societal stability. Leftists collaborated in these efforts because they felt that strong family bonds would generate a sense of class belonging and help unify the Left, while feminists perceived male familial responsibility as beneficial for women. Diverse actors within civil society thus reworked the norms of masculinity and femininity developed by state agencies and political leaders--even as others challenged those ideals. |Karin Rosemblatt examines how and why the aims of feminists, socialists, labor activists, social workers, physicians, and political leaders converged around a shared gender ideology in 1930s and 40s Chile under a reformist popular-front government. She shows how these ideas of traditional gender roles became entrenched during this period and helped to shape Chile's evolving national identity.

Other| November 01 2009 Contributors Hispanic American Historical Review (2009) 89 (4): v. https://doi.org/10.1215/00182168-89-4-v Cite Icon Cite Share Icon Share Twitter Permissions Search Site Citation Contributors. Hispanic American Historical Review 1 November 2009; 89 (4): v. doi: https://doi.org/10.1215/00182168-89-4-v Download citation file: Zotero Reference Manager EasyBib Bookends Mendeley Papers EndNote RefWorks BibTex toolbar search Search Dropdown Menu nav search search input Search input auto suggest search filter Books & JournalsAll JournalsHispanic American Historical Review Search Advanced Search maría del carmen baerga-santini is Professor of History at the University of Puerto Rico, Río Piedras campus. Her most recent publications include “Cuerpos calificados / cuerpos negociados: Sexo, ilegitimidad y racialización en el Puerto Rico decimonónico” (forthcoming article) and “Cuando el amor no basta: Matrimonio y racialización en el Puerto Rico del siglo XIX,” Revista del Centro de Investigaciones Históricas (2007). Currently, she is finishing a book-length manuscript on racial dynamics in nineteenth-century Puerto Rico.karin alejandra rosemblatt is Associate Professor at the University of Maryland, College Park. She is author of Gendered Compromises: Political Cultures and the State in Chile, 1920 – 1950 (Chapel Hill: University of North Carolina Press, 2000) and coeditor (with Nancy Appelbaum and Anne Macpherson) of Race and Nation in Modern Latin America (Chapel Hill: University of North Carolina Press, 2003). She is currently at work on a book that traces the movement of ideas... Issue Section: Contributors You do not currently have access to this content.