Legal Reality Research Articles

RESULTS OF MEDICAL INTERACTION ANALYSIS EMPLOYEES WITH MASS INFORMATION MEDIA (FROM CLAIMS TO UNDERSTANDING)

The mass media is neither an instrument of destruction nor an instrument of progress. Their positive or negative consequences depend on which social forces are used and for what. The power of mass media is manifested in the ability to create one or another image of a medical organization, which can be destroyed by a small detail that even medical experts do not see.The ability to communicate with the patient is one of the most valuable qualities of any medical worker, it depends on the effectiveness of the treatment and diagnostic process, the patient's satisfaction with the help provided to him and the patient's assessment of the professionalism of medical specialists.The purpose of the study is to analyze the occurrence of conflict situations during the interaction of medical workers with mass media.Materials and methods. The research used methods characteristic of medical science: dialectical, systemic-structural approach and content analysis, which made it possible to analyze the legal reality of the conflict between medical workers and the mass media.Results and discussion. It was established that in case of conflict situations between the doctor and the mass media, it is necessary to follow certain tactics. Dialogue with media representatives is built taking into account medical confidentiality. It is important to inform journalists that the law provides limited opportunities for a doctor to provide information without the patient's consent. If a journalist is interested in a specific patient and a media representative asks to provide information about this patient, then before providing such information, the medical professional must talk to the patient and find out whether he agrees to provide information about his health or other information that known to employees of the medical organization.Conclusion. On the basis of the conducted research, it was established that the conflict in the implementation of medical activity and the coverage of its problems by means of mass information is a dynamic process, and its existence means the need to study the prerequisites for its occurrence in medical activity, the nature of the conflict situation itself and the content of the conflict in order to prevent its likelihood or weaken it possible negative consequences.

Experience of legal regulation of copyright in the European Union: search for ways to harmonize the legislation of Ukraine.

This article reveals the peculiarity of the legal regulation of copyright as a component of intellectual property in the legal system of the European Union, primarily through the prism of the study of the stages of its formation and development.
 Within the framework of this article, the stages of formation and development of the copyright institution from the time of the founding of the European Economic Community to the present time were investigated. Important attention is paid to the study of copyright regulation in the provisions of the founding treaties of the European Union, in particular in the Treaty establishing the European Economic Community, the Treaty on the European Union (Maastricht Treaty), the Treaty of Amsterdam, the Treaty of Nice, the Treaty of Lisbon and the sources of "secondary law" of the European Union, in particular, directives, regulations, decisions of the European Parliament and the Council on the harmonization of intellectual property rights of the member states of the European Union.
 The position is argued, according to which at the initial stages of the formation of the legal system of the European Union in terms of the legal regulation of copyright, an approach was used, according to which the legal acts did not establish direct requirements for its legal regulation and instead established provisions that would contribute to the formation of the functioning of the common market of the European Union. It is noted that parallel to the "primary sources" of the European Union, the sources of "secondary law" were formed. It was noted that a special place in the legal regulation of copyright in the European Union was played by the directives, which, being binding on the member states to which they were addressed, left the freedom of choice of the form and methods of their implementation to the national bodies of the latter.
 In order to achieve the goal, the author used the methods characteristic of legal science. The research was conducted primarily using the historical-legal, comparative-legal, formal-legal method and the dialectical method of learning legal reality.
 On the basis of the conducted research, the author comes to the conclusion that the law of the European Union is characterized by a rather exhaustive list of sources, their hierarchy, as a result of which this law is well organized, systematized and internally agreed. It was established that the formation of European intellectual property rights took place on the one hand under the influence of international law, and on the other hand, the peculiarities of the legal regulation of copyright in the member states.

Semiotic perspective of evidence of court decisions: administrative and legal characteristics

The article is devoted to the administrative-legal characteristics of the semiotic perspective of eviden- tiary judgments. This topic is relevant for domestic legal science, since legal reality, which is expressed, in particular, through the administration of justice, is a complex system united by numerous social ties, for the study of which it is necessary to use not only legal methods proper, but also interdisciplinary approaches. One of these approaches is semiotic. Thanks to its application, we will be able not only to deepen certain theoretical knowledge necessary for a better understanding of the phenomenon of justice as a way of exercising judicial power, but also to identify areas that need improvement. As a matter of fact, one of these areas is the evidentiary nature of court decisions. Today, we can observe trends towards the convergence of law, as a system that regulates relations in the “man-man” and “man-state” systems, and man. Law is becoming more people-oriented, humanistic. And the court, as an institution called to resolve disputes arising in these systems, must make exclusively legally based, evidence-based decisions. It is thanks to the understanding of the semiotic perspectives of the evidence of court decisions that it becomes possible to clarify the still unresolved philosophical and legal problems of the judiciary, in particular, symbolism as an opportunity to know the legal reality, and then to raise the level of legal awareness. The influence of semiotics on the evidence of court decisions is proposed to be considered in four aspects: 1) a court decision generally acts as a sign or a system of signs; 2) a sign or a system of signs clearly indicates a certain aspect of legal reality (proves or disproves the existence of an offense in the actions of one of the parties to the legal process); 3) influence on a person who makes a court decision as a sign or a system of signs (lawfulness of his behavior relative to the interpretation of signs in a specific legal system); 4) the content that each of the parties to the court process puts into the announced decision (the impact of the court decision on legal awareness).

Legal regulation of budget control as a type of management activity in the budget

The article deals with the problems of legal regulation of budget control in the budget process. The activity of state institutions aimed at establishing the legality of the activities of participants of budget regulation is analyzed. The problem of ambiguity of application of budget control is revealed and its principles are considered. The possibility to establish how efficiently, rationally, economically and legally the budget funds were used, whether all the reserves were used to fill the revenue side of the budgets is analyzed. Meanwhile, despite the fact of misuse of budget funds, the state can reimburse the losses caused to it. At the same time, budget control can prevent violations of budget discipline, irrational and inappropriate use of budget funds. The solution of this problem is entrusted to the Accounting Chamber, the State Treasury, the bodies of the Ministry of Finance. The author substantiates the interpretation of the term "budgetary control" as a term that establishes the legal status of subjects of financial control and defines its system in many legislative and subordinate legal acts.
 It is summarized that budget control as a type of managerial activity of the budget process can be characterized as the activity of authorized entities regulated by the norms of budget law to carry out operations of comparing the indicators of budgetary and legal reality with the established norms of budget law, identifying and eliminating deviations in order to bring the indicators of budgetary activity in line with the established norms of budget law.
 Sustainability, the realization of goals and the effectiveness of state expenditures depend on the effectiveness of budgetary control measures as a special type of regulation of budgetary legal relations.
 The task of this article is the analysis of legal regulation budget control as a type of management activity in the budget process and the study of legal problems in the field of budget control to systematize proposals for improving the current legislation in this area.

Regarding the expediency of introducing mandatory insurance of civil liability of a lawyer

This article is devoted to the disclosure of questions regarding the expediency of introducing into the national legislation a provision on the insurance of the civil liability of the lawyer, in particular, through the prism of voluntariness or obligation to establish it.
 Within the scope of this article, different approaches of domestic and foreign scientists regarding the advantages and disadvantages of the lawyer's civil liability insurance institute were investigated. The points of view of legislators of foreign countries regarding the necessity of voluntary or mandatory nature of its consolidation are also analyzed.
 The position is argued, according to which, first of all, taking into account the fact that for most foreign countries civil liability insurance of lawyers is actually an everyday norm that ensures the proper functioning of the legal profession as a whole, we consider it expedient to enshrine provisions on this type of insurance at the legislative level in Ukraine as well.
 Attention is focused on the fact that the introduction of the lawyer's civil liability insurance institute is directly aimed at protecting his interests, but this institute also plays an important role in defending the interests of the lawyer's clients, who constantly need professional legal assistance in the implementation of their rights and legitimate interests.
 To achieve the goal, the author used methods characteristic of legal science. The research was conducted primarily using the system-structural and comparative-legal method, as well as the dialectical method of learning legal reality.
 Based on the conducted research, the author concludes that the introduction of this institute should establish additional guarantees of providing professional legal assistance by a lawyer at the appropriate level in order to ensure the realization of the rights and legitimate interests of his clients.

Правовая природа Союзного государства России и Беларуси

The paper’s purpose is to determinate the legal nature of the Union State of Russia and Belarus (hereafter — the Union State). Under foreign pressure the form of the integration of Russia and Belarus is a highly relevant topic for research. At the present time the unified position on this issue is not developed in scientific literature: there are opposite views recognizing the existence of confederal or federal attributes in the Union State. The author analyses the texts of the Treaty on the Creation of the Union State and compares its provisions to previously existing model of confederacies: United States of America (until 1788), the German Confederation, the Union of Utrecht, the Swiss Confederacy. As a result of the research the conclusion was made that in existing legal reality the Union State has all essential attributes of confederacy.

Immunities of Foreign Officials for International Crimes: The Dilemmas of Strategic Litigation

Abstract This article analyses the elusive search to restrict immunities for foreign officials accused of international crimes as a form of strategic litigation. It emphasizes how litigation ‘constitutes’ legal reality beyond particular victories. Problematizing ‘success’ in litigation makes it possible to pay attention to unintended effects and even perverse outcomes of certain strategic routes. A proper understanding of success as more than victory is then used to assess three routes that have been used to try and limit, circumvent or oppose functional immunities of former officials. These routes are found not to be of even value for human rights, independently of their legal validity or their odds of success: the idea that international crimes are not committed as part of state functions trivializes the ‘public’ character of most international crimes; the argument that the jus cogens norm that prohibits international crimes trumps immunities either constantly needs to be finessed or sets up too dramatic a showdown; the idea that immunities offend human rights finds some favour as the one that is closest to the heart of human rights, although its tendency to symbolically sanctify the right to prosecutions could also have problematic ripple effects. Offered as a contribution to thinking through the rights implications of litigation, the article insists on the responsibility of human rights lawyers in creating legal worlds of their own making.

Функциональность права как критерий его действительности

The article is devoted to the problem of the operation of law, expressed in its functions as a criterion of its validity. Based on materialistic dialectics, the thesis is substantiated that law is perceived as such only in the context of the social environment in the corresponding dynamics of relations in the context of its functional characteristics. Based on the distinction between legal reality and legal reality, the question is raised about the nature and forms of the relationship between these categories and about the relationship between the categories «real law» and «valid law». The work uses dialectical-materialistic, systemic and logical methods, as well as a socioaxiological approach to understanding law. It is concluded that the socio-axiological approach to law makes it possible to understand and recognize the real law at its value level. At the same time, the most important criterion for the validity of law, which allows you to check its actual quality, is its effectiveness — its functionality. And here the functionality of law determines its value, and the relevance of law as a system of conventional values to the balance of class interests in society is an indicator of the ideal state of its reality.

Социоконструктивистская функция права

In the context of the obvious failure of liberal Westernization, on the one hand, and the obvious change in the legal mentality of Russian society under the influence of Eurocentrism, on the other, it is necessary to answer the question about the causes of the existing dualism. The author connects the answer to this question with the epistemological nature of legal reality (reality) as a segment of social reality (reality). From the point of view of modern epistemology of law, the author highlights the socioconstructivist function of law, which allows, without rejecting materialistic and socio-cultural determinism, to start from the subject of understanding of law, from his legal consciousness and legal thinking conditioned by tradition.

Легитимность права: целевые и ценностные критерии

Purpose: it is noted that today the ratio of legitimacy and legality is the social regulator that determines the main issues in the theory of law, and the legitimation process itself is directly related to the legitimacy of the law-forming will and, as a result, the forms of law. The transformation of approaches to legal understanding has significantly influenced both approaches to the legitimacy of law and the criteria for determining the legitimacy of law. A special role is played by various methods of social and legal discourse, which are presented in a political aspect in a combination of various types of democracies. Issues of legitimacy are considered directly with such legal categories as the validity of law, recognition of law, justice in law. In this regard, it becomes necessary to consider the opinion that legitimacy is a fundamental characteristic of law and public authority. Hence, the recognized legal prescriptions, observed not under compulsion, become a positive regulator, the law is recognized (accepted), and its prescriptions are not perceived by the society as unusual, alien. Despite this, legislation a priori remains the main regulator of social relations (lawmaking is all focused on lawmaking, as a narrower phenomenon of legal reality), therefore the flexibility and pliability of the legislator is one of the important criteria for the legitimacy of law, the source of which is the state will and the form of which then becomes normative. Act. Methodology: general and particular scientific methods: logical, functional, formal-legal, synergetic; used such techniques as description, analysis, generalization, abstraction. Conclusions: the legitimacy of law cannot and should not be reduced to the effectiveness of law alone. The legitimacy of law must be realized through the absolute recognition and voluntary observance of legal norms through a balance of restrictions. Scientific and practical significance: the conducted research allows us to talk about legitimacy, exploring the problems of the validity of the legal norm. Thus, the reality, legitimacy of law in society is considered by the correspondence of the norms of law (emerging legal relations) to real needs and interests. Relations that have actually arisen must comply with legal requirements and be systematically observed, in turn, the requirements themselves must optimally reflect legitimate interests.

On the Limits of Law in the Methodological Context of the Relationship between Anthropological and Culturological Approaches

A variant of concretization of the application of the culturological approach to the study of law in relation to other normative systems regulating the life (functioning) of society is proposed. The culturological approach (as a set of methods that take into account and use the categories of culture) allows, from the author’s point of view, to discover and describe the fundamentals of law as a phenomenon that can manifest itself not only in theform of formalized legal norms and procedures. As a methodological problem, this approach is interpreted as interconnected with the anthropological approach, but qualitatively different from it in appeal to the human, which fundamentally distinguishes the person from other creatures.First of all, it is moral and intellectual in their unity (Reason in the ancient understanding, which developed as a tradition dating back to Solon and Socrates). The relevance and heuristic value of this approach is demonstrated by its application as a way of considering the state of legal reality in post-Soviet states, primarily in Ukraine. The established semantic content of the predicate “post” as predominantly chronological (not chronotopic) allows us to proposea version of the interpretation of legal and social processes in general, which allows us to reveal the destructive role in the erosion of law (primarily in its modern understanding as human rights) not only of Marxism As conclusions the author offers provisions requiring: 1) understanding of such situation;2) using the culturological approach as an expert tool to substantiate this understanding; 3) accentuation of practical actions in the implementation of the principle of the rule of law. In general, this can contribute to the establishment of the limits of law in its modern understanding, primarily as human rights without burdening with the rudiments of the past.

LAW ENFORCEMENT AS A SPECIFIC LEGAL TECHNOLOGY

Modern technologies used in law enforcement activities are designed to ensure a rapid and effective process of legal regulation of public relations and optimization of legal reality. Purpose: to study the features of law enforcement as a specific legal activity having certain goals, stages, forms and methods, which allows characterizing it as a specific type of legal technology. Methods: in the process of work, such methods of cognition are applied, as logical - when substantiating the main directions of the research, formal-legal - when revealing the features of the application of law as a specific type of legal technologies, presentation - when summing up this study. Results: law enforcement is a special type of legal activity aimed at making an act ofapplication of the law, the creation of subjective rights, obligations or measures of state coercion of specific subjects of law. Taking into accountthe features of legal technology as a phenomenon and the specifics of law enforcement activity, law enforcement can be interpreted as a specific typeof legal technology within the national legal system and legal regulation of social relations.

Policy on The Implementation of Restrictions on Community Activities (PPKM) Based On Inclusive Law

The Covid-19 pandemic that has hit the world has impacted the crisis in all aspects of human life. The Covid-19 pandemic, which was initially a health crisis, quickly transformed into an economic, social, political, and even environmental crisis. The Indonesian government is trying to control the spread of Covid-19 by issuing various policies, one of which is the Implementation of Community Activity Restrictions (PPKM). However, PPKM has attracted a lot of controversies because it is felt that it has made it difficult for many people in the context of mobility and seems to violate personal rights. This study aims to analyze ppkm policy with an inclusive legal approach. As part of the social order, in addition to norms of decency, decency, and religion, inclusive law protects and integrates the interests of members of society. This research method is normative juridical with a statute and conceptual approach. The data obtained are analyzed qualitatively and presented descriptively. The results showed that the PPKM policy is an effort to overcome the decline of society due to the pandemic and follows the concept of inclusive law. Between inclusive law and legal reality, there is a commonality in seeing the various interests of members of society that will create order in life. This makes people able to live with certainty, to create an order. The Indonesian government chose to seek an orderly situation by imposing a ban on mobility through PPKM

Правовая реальность в контексте социальной реальности: философско-правовой аспект

The philosophical and legal analysis of the category “legal reality” is presented in relation to the problems of the correlation of this legal phenomenon with the category “social reality”. The author declares and proposes to study the special relationship between the concepts of “social reality” and “legal reality” outside the framework of the general theory of law. Taking into account the connection of these concepts, it seems that “legal reality” as a philosophical and legal category is closest to interpretation as a “layer”/a “slice” or, in essence, a separate manifestation of “social reality”. Special attention is paid to the formulation of the problem of different understanding of social phenomena in relation to legal and social reality, the issues of possible interpretation of the facts of social life in absolutely different ways in “legal reality” and “social reality”. Differences, on the other hand, do not act as contradictions, but represent, to a certain extent, a variety of forms of social life. If there are points of contact, there is room for interpretation of various manifestations of “legal reality”. As examples of the contact between “social reality” and “legal reality”, the author refers to the social and legal aspects of such a legal category as “thing”, as well as the importance of language for the formation of “legal reality”.

ПОЛИТИЧЕСКАЯ КОНЪЮНКТУРНОСТЬ ПРАВА КАК ПРОБЛЕМА УГОЛОВНОЙ ПОЛИТИКИ

The study aims to identify the connection between politics and law and the effect of such connection on social and legal reality, including the state and efficacy of criminal policy. The author aims at updating theoretical provisions about the state and law and concepts of legal understanding to determine the discourse of political and legal reality that provides certain properties of law and law enforcement in the battle against crime. The author expands upon this connection using general scientific (analysis, synthesis, comparison) and specific scientific (axiological, historical, sociological, and special legal) methods of scientific knowledge, which allow examining the general and special value content of law and politics. The influence of politics on law can affect the fundamental principles of the law nature. It may lead to a number of unfavorable consequences in the battle against crime, starting from the ineffectiveness of special criminal and criminal legal measures that control the criminalization of society to a state threatening society, which can be defined as the “disbandment” of law. The main issue of modern domestic criminal policy is political opportunism of the law, which is characterized by legislative instability and multidirectional vectors in crime-fighting strategy and tactics. Thus, it endangers the well-being and security of citizens, society, and the state. Legal and political ideas must have a common value content that links law and politics with dialectical unity. In a democratic state governed by the rule of law, law, in its integrative understanding, should be the basis for politics in general and criminal policy in particular.

ART AND LAW IN THEIR INTERACTION IN THE STRUCTURE OF BEING

The modern doctrine of legal policy, justifying independent directions of strategies for the development of law and the state, among others (law-making, law enforcement, human rights and other directions of legal policy), focuses on the systemic vision and understanding of the political and legal reality that determines positive legal and cultural processes in the field of legal enlightenment, education, formation of legal culture and legal consciousness corresponding to the ideals and standards of law as a socio-cultural phenomenon.

НАУКОВІ ДИСКУСІЇ УЧАСНИКІВ ВСЕУКРАЇНСЬКОЇ НАУКОВО-ПРАКТИЧНОЇ КОНФЕРЕНЦІЇ "ПРАВОВІ ПРОБЛЕМИ РАЦІОНАЛЬНОГО ПРИРОДОКОРИСТУВАННЯ, ОХОРОНИ ПРИРОДИ ТА БЕЗПЕЧНОГО ДОВКІЛЛЯ В УКРАЇНІ", ПРИСВЯЧЕНОЇ 100-РІЧЧЮ ВІД ДНЯ НАРОДЖЕННЯ ПРОФЕСОРА В. Л. МУНТЯНА

Background. The article reviews the speeches of the participants of the All-Ukrainian scientific and practical conference, dedicated to the 100th anniversary of the birthday of Doctor of Law, Professor Vasyl Luk'yanovych Muntyan, on the topic "Legal problems of rational nature use, nature protection and a safe environment in Ukraine." The event was organized and held jointly by the Department of Land and Agrarian Law and the Department of Environmental Law of the Educational and Scientific Law School of Taras Shevchenko National University of Kyiv, October 21, 2022. The purpose of the article is analysis of scientific heritage of Professor Vasyl Luk'yanovych Muntyan, to highlight scientific-theoretical and legal approaches to the further development of environmental, land and agrarian legal research in the context of national environmental as well as land and agrarian policy, taking into account the proposals made by the participants of the conference from the standpoint of current legislation as far as the participation of our state in international and European integration processes is considered. Methods. The methodological basis of the research was the general scientific dialectical method of learning social phenomena in their interrelationship and development, as well as scientific methods of analysis and synthesis, interpretation of legal norms, formal and legal, historical, comparative and legal, prognostic methods etc. Results. The participants of the conference paid attention to the current problems of the development of agrarian, land and environmental law in the context of overcoming the consequences of large-scale russian aggression on the territory of Ukraine and the transition to peaceful development in the future. Proposals were given for improvement of environmental, land, agrarian and natural resources legislation and law enforcement practice, as well as for the development of environmental, land and agrarian legal science in Ukraine through the prism of generational inheritance and scientific heritage of Prof. V. L. Muntyan. In the scientist's research, the concept of rational nature management is embedded as a fundamental principle of environmental law, science and state management. The idea of legal provision of rational nature use meets modern requirements for reforming ecological and legal reality, harmonizing relations between man and nature on the basis of sustainable development and economical use of natural resources, development of Ukraine as a European, legal, social and ecological state, implementation of the constitutional principles of the Ukrainian people's property on land. More than 60 years ago, Prof. V. L. Muntyan actualized the need to solve the problems of wind and water erosion of soils, the negative impact of deforestation on the condition of agricultural lands and careless management; he pointed out the need to adopt the Law on Soil Protection. Conclusions. The need to eliminate fragmentation in further studies of problems of the methodology of development of environmental, land and agrarian law in order to form a system of guarantees of the effectiveness of the law, to determine ways of improving the legislation in the sources of national environmental, land and agrarian policy has been determined. The study and generalization of law enforcement practice will make it possible to evaluate the positive and negative results of the introduction of the principles of sustainable development, the elimination of corruption in the process of land reform, reforms in mining, forestry, water, agriculture, industry and other sectors of economy, ensuring environmental safety, observing and protecting rights human, prevention of negative climate changes. During the martial law and in the reconstruction period – after overcoming the Russian military aggression against our country – the entire legal system should be aimed at building Ukraine as a European, legal, social and ecological state.

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The article deals with the analysis of the views of constitutional state by the Ukrainian diaspora scientists in law in interwar period made basing on their scientific and theoretical heritage. The author reviews the diversity of these scientists� general and academic scientific outlook on constitutional state and shows the essence of legal organization, state making ideas and ways of their implementation in the future sovereign Ukraine build-up. The article also reveals the contents and characteristic features of their doctrines of the state build-up, in particular the views of the constitutional legislature�s role in it as well as such basic constitutional and legal institutions as the parliament, the government, courts and the body of constitutional control. A particular attention is paid to the constitutional and legal status of a man and a citizen, national minorities, the Ukrainian people as the only source of power in their state. Considering Ukraine�s state and legal reality it seems especially interesting and topical to have been traced the basic nature of unicameral and bicameral legislature, their distinctive features and political and legal efficacy as well as emphasizing the Prime Minister�s independence and the determination of the judges� specific status. Key words: constitutional state, Ukrainian diaspora, legal conceptions, branches of power, state system.

K. N. Leontiev’s early legal aesthetics and its problematic relation to the Russian conservatism

The following article is concerned with the aesthetical view on legal reality which was formed by K. N. Leontiev in his early philosophy. It is argued that especially in legal sphere there was a fundamental distinction between philosopher’s aesthetical and religious axiology and abstract axiology of the Russian conservativism. The research helped to articulate conclusively that due to his aesthetical problematization of themes, which are common to the philosophical discourse on conservatism in Russia, Leontiev could become hostile even to the proponents of conservation. The article was based upon historical-doctrinal method used in legal studies of political teachings. Its results can help to expand the possibilities of using new approaches to Leontiev’s legacy.

Non-textual Elements in Judicial Opinions: Overview

The objective of the article is to present the practice of using non-textual elements in judicial opinions, as well as to explain the need for a new term and the way in which it was created. In order to do so, several questions have been addressed. First, the elements actually used in judicial opinions are specified. Next, the reasons why terms such as image or visual material cannot adequately describe the phenomenon in question are presented and reasons are offered for the creation of a new term. What the elements have in common is then outlined and the concept of non-textual elements in judicial opinions is introduced. An examination of whether distinguishing this category means that these elements can be treated as a homogeneous group is then presented. Finally, whether the presence of such elements in judicial opinions is new in legal reality is considered and, if so, what their significance is to the functioning of judicial opinions.