Concept Of Legal Culture Research Articles

The Chinese View of the Rights of the Child

Abstract This article aims to identify the nature of the interpretation of children’s rights in China. More specifically, it seeks to increase the understanding of the characteristics of the national perspective on children’s rights by examining and analysing the key issues relevant to the Chinese legislation. Using the concept of legal culture, the article offers a hermeneutic analysis of the Law of the People’s Republic of China on the Protection of Minors, in which the Chinese view of the rights of the child is explained in the light of a cultural background. The analysis shows that the Chinese view of the rights of the child is culturally coloured. In particular, the influence of the Confucian conception of family and the corresponding paternalistic social theory can be identified.

Social Legal Consciousness or Legal Culture?

In contemporary legal sociology research, legal culture and legal consciousness are often used as synonymous or closely related, overlapping concepts. The aim of this paper is to elucidate the possibility of separating the two concepts through a more in-depth analysis. The first part of the paper explores the ideological-historical connections between the two concepts and argues that the conceptual confusion between legal culture and legal consciousness that characterises contemporary legal sociology occurred in the 1970s in American legal scholarship. The concept of social legal consciousness is first discussed in the context of conceptual analysis. After a general definition of legal consciousness, the components of individual legal consciousness, the factors and mediating structures linking individual and social legal consciousness, and finally the theoretical issues of conceptualisation are discussed. The second part of the conceptual analysis focuses on the concept of legal culture. The difficulties of defining the concept are taken into account, starting from a review of the academic debate surrounding the work of Lawrence Friedman. The concept of legal culture is constructed on the basis of the criteria for conceptualisation derived from this. The core concept is culture, and the distinguishing feature is a sociological concept of law. Next, it introduces the distinction between lay and professional culture and examines the extent to which the concept of legal culture thus outlined meets the criteria set out above. The paper concludes by summarising the rationale and yields of the conceptual analysis, highlighting the dynamic relationship between legal culture and social legal consciousness.

Settings Legal Culture and empirical research: improving the socio-legal character of the sociology of law

The aim of this special issue is to present empirical research outcomes and theoretical works that use the concept of legal culture to characterize the approach of the sociology of law. The papers presented were called for at the Oñati Workshop on Legal Culture and empirical research, originally planned for May 2020, but actually held in May 2021, on the initiative of the International Institute of Sociology of Law, and the Sociology of Law Section of the Italian Sociological Association. After an intense meeting, papers were submitted for the standard review process of the Iisl series. We considered that including the concept of legal culture into the research design and insisting on this focus for debate, could be a way of improving the socio-legal character of our research and settling the many disputes in a continuous debate. So, we looked for research experiences in which the concept of legal culture was used to configure legal phenomena in a specifically socio-legal way.

Probation in Italy: Legal culture and justice models

Quite recently, Italian Law 67/2014 extended the messa alla prova scheme to adult defendants, albeit not exactly with the same features as for juvenile ones. There are indeed some important differences: first about the types of offences and about Community Service Work, and also about the use of restorative justice practices. This paper suggests some questions, using the concept of legal culture: 1. the involvement of the various players, because they have varying degrees of power, resources and tools; 2. the probation scheme and its purposes, because it could be useful to re-habilitate, or to restore, or something else; 3. the use of restorative justice, which appears less than widely used, and the engagement of the victims of the crimes admitted to messa alla prova programmes. Legal culture is crucial for messa alla prova, as it benefits from the convergent approach of different views and professions.

The concept of legal culture in modern society

The concept of legal culture in modern society

The problem of the absorption of national legal cultures by the emerging national legal anti-culture

The purpose of the research is to show the organizational and legal mechanism of new United States’ not powerful approach to the implementation and simultaneous convergence of its legal culture at the global level. General, general scientific and special methods were used in the research. Theoretical basis of the research are the basic laws of states, international universal and regional treaties, doctrinal works revealing the concept of legal culture, scientific articles of Russian and foreign scholars dealing with the content, preservation and transformation of legal cultures. The result of the research was a comparative presentation of the basic values of national legal cultures and global legal anti-culture; ways of “de-substantiation” of national legal cultures; ways of absorption of national legal cultures by global legal anti-culture. The novelty of the research lies in the fact that the article for the first time shows the organizational and legal mechanism of the not powerful way of replacing the global legal anti-culture with national legal cultures. For this purpose, traditional national legal cultures, as well as the global legal anti-culture, are considered in terms of their basic value content; shows ways to absorb global legal anti-culture through “de-substantiation” collective (public) and individual (personal) identities; highlights the organizational mechanism of global legal anti-culture takeover. This research contributes to the comprehension of the content, processes, and ways of forming a global legal anti-culture, as well as to the convergence of states in the vision of this problem and the search for answers to emerging challenges.

Influence of migration processes in Europe on law and legal culture of information society

The relevance of research: The relevance of the problem under study is evidenced, first, by an active scientific discourse among lawyers on the impact of migration flows on modern law, and, second, by the necessity to elaborate the integral concept of legal culture in the information society. The research objective is to analyze the legal effects of migration on legal culture of European countries and to distinguish new features of legal culture that have appeared in the digital era. Research methods: The main approaches to investigation into the problem were the analysis, modeling and comparative linguistics, as well as the content analysis of the key scientific theories on legislation. To study the topic, the authors applied comparative and structural-logical approaches that allow considering the law in terms of the influence of virtual environment, where the set of new component parts is observed. Results of the research: the paper traces the process of formation of new characteristics of component parts of legal culture in the society in the age of digital economy. The authors conclude that despite a number of contradictions observed in the process of law development in European countries, new features have appeared in law and legal culture of modern Europe in the context of digital economy. According to the authors, these features are the following: the increased influence of religious views on emotional-and-figurative and logical-and-statutory aspects of legal awareness; development of antagonistic relations between native Europeans and people belonging to different religious denominations; strong discontent of those natives who want to preserve their identity, which surely affects their legal behavior. The number of administrative offences and crimes has significantly increased. All these factors negatively affect the state of legal culture of the society. The paper analyzes the key problems related to implementation of the principle of the religious right provided to refugees, and some common violations of religious and legal regulations. Practical importance: The proceedings provided in this paper may be relevant when fulfilling scientific and educational tasks on legal theory and constitutional law.

Concept Legal Culture of the Volkgeist-Based Customary Land Rights Conflict Resolution of the Dayak Tomun Community in Central Kalimantan Indonesia

The doctrine of the rule of law provides an opportunity for business actors to exploit the natural resources of the customary forest ecosystem or land of the Dayak Tomun indigenous peoples in Central Kalimantan. The clash between das sollen (supposedly) and das sein (reality) shows how the law is always the instrument of power by the authorities. This study aims to explore the concept of legal culture in resolving volkgeist-based Dayak Tomun customary land rights conflicts sourced from the human nature, which is always interpreted as a correlation between ratio (mindset), behavior, value and rule of law implemented over generations in people's lives. This study uses a mixed research method consisting of normative, empirical, and legal anthropological approaches. The constructive offer of the concept of legal culture has a way of life in the form of norms of rules in terms of customary land rights conflict resolution originating from beliefs, ideas, and thoughts. The concept of legal culture in Halang Lintang is to preserve the legal inheritance, which is used as a cultural foundation and local wisdom to have a legal system, legal process, and the substance of implementing the law as a social control.

Теоретичні аспекти формування правової культури студентів закладів вищої освіти в Україні

Розглянуто поняття правової культури, суть правової культури студентів закладів вищої освіти, її зміст, критерії та значення у формуванні громадянського суспільства. Проаналізовано останні дослідження з питань правової культури студентської молоді. Визначено основні завдання, цілі та засоби правового виховання як умови підвищення рівня правосвідомості студентів.

Is there a modern legal culture?

The following essay aims to delineate the concept of legal culture and explore the idea of a legal culture in modern law, i.e. that of our times, in the tradition of the Law and Society movement. Part of the tradition involves studying the role legal systems play in society, with this “in” reflecting a particular point of view, or a particular means of observing how law and legal systems do, in fact, function; what they do and how they do it. Our aim is to provide explanations, exploring their very essence, not so much by means of a prescriptive or dogmatic perspective, but rather based on observation.

EVALUATION OF FORMATION OF LEGAL CULTURE IN THE EDUCATIONAL ENVIRONMENT BOARDING SCHOOL

The article deals with the problem of organization of the process aimed at the education of orphans to the culture of law in the space of boarding school. The results presented in this article - theoretical analysis and study of scientific approaches of teachers and scientists evaluation indicators of legal culture, development and scientific justification of criteria to measure the components of legal culture in orphans and children left without parental care. The methodological basis consists of system, personal, cultural, activity, polysubject (dialogical) approaches to the study of social and pedagogical phenomena; pedagogical ideas of humanization of education. As research methods used, empirical-observation, individual and group conversations, interviews, questionnaires, testing, study of school documentation (personal files of students, class journals, minutes of meetings, meetings) and pedagogical experiment; theoretical - analysis of philosophical and pedagogical literature. To determine the level of legal culture, the optional legal culture of the individual was introduced. Activity approach to the study of the concept of legal culture allowed to develop evaluation and criteria tools of levels of formation of legal culture of orphans and children left without parental care. Taking into account the analysis of the main approaches to the study of levels, indicators and criteria at the theoretical level, the article also presents the author's approach to the method of determining the criteria, indicators and levels of formation of legal culture in the educational space of the institution for orphans and children left without legal culture at the practical level. Criteria, indicators of formation of legal culture which are introduced and tested in educational process of boarding school are scientifically proved and developed. The proposed criteria and indicators can be used in various types of educational institutions to assess the level of education of legal culture of young people.

Inconsistencies in the use of legal culture in comparative legal studies

This paper is devoted to the discussion and critical analysis of the various uses of the term ‘legal culture’ in recent comparative legal studies. It submits that the application of the concept of legal culture has had no consensually shared approach in comparative law; instead, numerous different ways exist. The main approaches of legal culture in comparative studies have been the use of this concept as (i) background, (ii) interactions around law, and (iii) a sum of attitudes towards law. In addition, the use of this term is even more complicated as certain typical inconsistencies may also be identified. Examples show (i) the confusion of different understandings of legal culture found within the same study; and that (ii) the under-theorisation and (iii) over-theorisation of legal culture can both be regarded as such typical inconsistencies. In conclusion, the paper calls attention to a more restricted, self-reflective and critical application of this term as the prerequisite of an efficient scholarly use.

The Making of Global Legal Culture and International Criminal Law

AbstractIt is commonly agreed that international criminal law (ICL) is a ‘hybrid’ legal culture, which mixes the legal traditions of the common law and civil law. However, the precise nature of this legal culture remains a contentious legal and theoretical issue. The paper identifies the two dominant models of ICL within these debates as either a clash of cultures or asui generissystem, and shows how neither satisfactorily engages with the concept of legal culture itself. To address this problem, the paper develops a new account of ICL as a global legal culture. The paper first identifies the distinctive ‘cultural logic’ of ICL, drawing on the example of recent developments in sexual violence offences. It then examines how ICL takes a global legal form, which ‘globalizes’ liberal legal culture. Finally, the paper shows how this process of making the legal culture of ICL ‘global’ creates its cultural contradictions, but also enables the possibility of making a new legal culture at the international level.

Adversarial Legalism and the Emergence of a New European Legality: A Comparative Perspective

This essay explores two interrelated questions. First, what are the sources of the current legal culture in the United States and Europe, and second, what, anything, can be said about how European legal culture could change in the face of increasing conflict between citizens and the state over the definition and content of social rights? The essay begins by refining the concept of legal culture employed in the analysis. While accepting the conventional accounts offered by scholars like Lawrence M. Friedman, James L. Gibson and Gregory A. Caldeira, it adopts a more expansive definition which employs Erhard Blankenburg’s methodology, which gives equal weight to legal rules and institutions as to legal consciousness, that is, social attitudes towards the law. Next, the essay explores the ways in which the contrasting legal consciousnesses found in the United States and Europe have informed the public/private distinction in the two legal cultures. In particular, the chapter emphasizes the degree to which in the United States elite legal consciousness moved between the two opposing poles of instrumentalism and formalism, while in Europe legal culture has been dominated until quite recently by a dogmatic tradition that views law as independent of politics. The essay investigates the degree to which adversarial legalism is the legal culture of the United States and observes that adversarial legalism has produced more political gains in private rights such as tort and contract than in public rights, such as the right to welfare or healthcare. Conversely, as some such as Mark Osiel has observed, European legal culture has produced a sphere of private right in which law is seen as marginal to political contestation but where social rights have been successfully secured through politics, and not legal intervention. The essay concludes by considering whether, as conflict over social right become more intense in Europe (due to the contraction of the economic basis of the welfare state), European citizens will look to legal tools made available through the European Union to press their claims in law as opposed to politics. It further asks, whether, if this were to occur, that the turn to law would necessarily mean a change in legal culture and an increase in legal adversarialism in Europe.

Statecraft, the Market State and the Development of European Legal Culture

We consider whether the theory of the market-state can explain the features of a common European legal culture. Our thesis is that there is an extant EU legal culture, one which developed through the Europeanisation of law. The distinct European feature of this legal culture is the enforcement of market-state features in EU law. The concept of legal culture needs to be untied from a communitarian view by which culture “provides this group with its identity by establishing internal coherence and external difference, as well as relative consistency over time”. Culture hence needs to be viewed through a decentralized lens. We will prove our thesis on assorted examples from EU administrative, contract, and competition law. As a nation-state heritage, EU law has developed a legal culture which does not follow purely market-state rationales, but rather balances these rationales against nation-state features such as human rights.

THE CONCEPT OF LEGAL CULTURE With Particular Attention to the Turkish Case

This article describes the concept of legal culture. After taking up a discussion on whether law can be transferable or not, which is seen as a product of the culture of a given society, the concept of legal culture and its different perceptions by various scholars constitutes the subject of the paper. Since there has not been much done in the field of legal culture in Turkey up to now except for a few studies, this is a crucial area for exploration and will be accomplished by scrutinizing the sociological, economical, and political implications of Turkish law. OZET

THE CONCEPT OF LEGAL CULTURE With Particular Attention to the Turkish Case

This article describes the concept of legal culture. After taking up a discussion on whether law can be transferable or not, which is seen as a product of the culture of a given society, the concept of legal culture and its different perceptions by various scholars constitutes the subject of the paper. Since there has not been much done in the field of legal culture in Turkey up to now except for a few studies, this is a crucial area for exploration and will be accomplished by scrutinizing the sociological, economical, and political implications of Turkish law. OZET