Legal Scholars Research Articles

The Horizontal Effect: Conceptualisation and Application of Constitutional Rights in Private Law

Private law has traditionally followed a separate mindset of rights, which is not necessarily related to the constitution. With the rise of constitutionalism in the world, thinking about constitutionalism and fundamental rights has spilt over into private law. The constitutionalisation of private law (or the horizontal effect of constitutional rights on relations between private actors) is one of the important topics that attract scholarly attention around the world.
 It can be seen that the modern history of the horizontal effect of constitutional rights has more than 60 years of development. However, in Vietnam, the topic of the effect of constitutional rights in private law has just been raised recently among legal scholars. This article serves as a development of the emerging discussion on the horizontal effect in Vietnam by providing a general conceptualisation and a brief history of the horizontal effect of constitutional rights in the world. The article also proposes the identification of horizontal effect paradigms in countries/jurisdictions and suggests implications of the horizontal effect for Vietnam.

Current Trends in the use of International Instruments in Ethiopian Court Decisions: Potential Lessons for Comparative Constitutional Law

Comparative law in general and comparative constitutional law in particular is a thriving field of legal scholarship in many states. The basic idea of investigating and studying the norms and institutions of other societies has been used to draw good practices and lessons that can assist in resolving contemporary political, social and legal problems in a particular society. While it is true that the use of comparative law in domestic jurisdictions should be socially and culturally grounded, it has been instrumental for developing optimal normative standards in many states. This includes an increasing academic interest to understand the normative and institutional challenges of different polities in order to entrench constitutional democracy and enhance the protection of fundamental rights. Nevertheless, there is also a significant misconception and overstated criticism on the use of comparative law by many scholars. This is all the more evident when it comes to the legal practice in Ethiopia. In this article, I analyze the different arguments presented for and against the use of the comparative method, and argue that there is a continued relevance of comparative constitutional law in Ethiopian legal practice. The fledgling jurisprudence and growing reliance of Ethiopian courts on international human rights law in some of their cases is testament to the continued relevance of international and comparative law in Ethiopia.

The Legal Industry of the Future and Teaching English to Law Students

In many countries of the world, the legal industry is undergoing profound transformations. The changes concern the way lawyers design their products and deliver services to clients. The providers of legal services have to respond to the «more for less» challenge.The article deals with the impact of technology on the legal profession. Analysing the present-day trends on the market, the forecasts made by legal scholars and law practitioners, the author describes the law firm of the future. Based on the study of the set of skills required of lawyers today, the author gives recommendations on how to prepare law-students to work in a constantly changing environment.

“So Lonely”: Comparative Law and the Quest for Interdisciplinary Legal Education

For various reasons, that will be recalled and analysed throughout this paper, interdisciplinarity has become the keyword for any debate on legal education reform. However, what is meant by interdisciplinarity and how it should be achieved is open for discussion. Paradigms of “scientificity” of the law vary dramatically among legal cultures. Whereas in the US the advent of a more ‘substantial’ legal thought after the New Deal went hand in hand with the rise of the interdisciplinary paradigm, in Europe the traditional assumption of law’s autonomy has repeatedly been challenged, eroded and adapted, but it still represents the bulwark of the orthodox approach to law and legal scholarship. In the Continent, mainstream legal scholarship does not take as its object the social reality, but only the gamut of rules recognized as binding norms. Coherent with this approach is a model of legal education built around certain axioms, such as the statist and nationalist attitude, the extreme compartmentalization among the various branches of law, and the blindness to its surroundings. Comparative law is one of the few disciplines that provide a different role model for a legal scholar who is apt to confront the challenges of complex societies. Keeping at a reasonable distance the authority paradigm, embodying the spirit of enquiry and cherishing the values of pluralism (both in terms of legal pluralism and cognitive openness), comparativists may give specific content to the paradigm of the jurist as a social engineer. Comparative law may therefore offer an invaluable contribution to the debate on legal education reform.

Sądowe zniesienie wspólności autorskich praw majątkowych jako postępowanie wyłączone spod kognicji sądów własności intelektualnej. Studium przypadku

The article is of a scientific and research nature and presents the problem of a possible cancellation of joint ownership of the copyright in non-litigious proceedings during litigation between the same parties concerning the infringement of copyright to an audiovisual work. In connection with the doctrinal dispute regarding the cancellation of commonality of copyright, the authors present arguments in favour for such a possibility in light of the provisions of both copyright law and civil law, and they discuss the procedural provisions related to such cancellation. An important aspect of the problem addressed in this paper is also the impact of the proceedings for the cancellation of commonality of copyright on the ongoing litigation proceedings between the same parties concerning the infringement of the author’s economic rights. As a result of the analysis of the current legal status, taking into account the events of a past court case, the authors present conclusions of the law as it stands with regard to the need for changes in civil procedure – the proceedings in intellectual property cases. It should be emphasized that the addressed research problem concerning the mutual relation between the substantive law provisions and the civil procedure in the scope of cancellation of commonality of the author’s economic rights has not hitherto been described by legal scholars and commentators.

Evolution of the State-Legal Foundations of the Soviet Agrarian System in the 20s of the XX Century

Introduction. The history of the Soviet state law is of great interest to the modern researchers. A number of aspects of the New Economic Policy development and implementation in Russia are presented in the works of historical, economic and political science scholars. However, in our opinion, the number of research referring to the 20s of the XX century conducted by the legal science scholars is definitely not enough. The article investigates the evolution of the state-legal foundations of the Soviet agrarian system as reflected in the USSR Constitution of 1924, the RSFSR Constitution of 1925, the RSFSR Land Code of 1922, the USSR General Principles of Land Use and Land Management of 1928, and in a number of decrees and other normative legal acts. The relevance of this topic is induced by the theoretical and practical significance of the legal regulation of the agrarian sphere of the society and the reform of the agrarian policy of the modern Russia. On the one hand, the relevance of the topic lies in the need to study the transitional state of the Soviet agrarian legislation, since, according to V. I. Lenin, the New Economic Policy (NEP) implied “transition from the civil war to civil peace”. On the other hand, in the late 20s of the XX century the Soviet leadership had abandoned many of the NEP legislation principles. However, six decades later they were successfully revived and developed in the People's Republic of China during the economic reform. The aim of this study is to reveal the evolution features of the Soviet agrarian system state-legal foundations of the 20s of the XX century. Materials and Methods. The research methodology comprises the general scientific and specific juridical methods, including the historical-legal and legalistic (dogmatic) methods. Due to the rapidly changing attitude towards these methods in the scientific community, the priority in the research has been given to the modern sources. The authors' concept statements have been analysed, which, in synthesis with the authors' empirical background, made it possible to formulate a number of new provisions. Results. The main acts that had legally formalized the state-legal foundations of the Soviet agrarian system in the 20s of the XX century were studied. The huge number of the agricultural laws is explained by the decision of the Soviet party and state leadership of the early 20s to start the recovery of economics with the agrarian sector — the backbone of the national economy of that period. The features of the NEP are elucidated not only as the change of the economic policy, but as the integrated legal policy, being a combination of the public and private law regulation upon absolute predominance of the public principles. It has been substantiated that transition to the NEP entailed the abolishment of the agrarian laws of the times of “war communism” and return to the principles of the peasant Mandate of 1917 — the most important element of the Decree on Land. Deep controversy of the agricultural legislation of the NEP period has been established, which in no way should be defined as a time of abandoning the concept and practice of the collectivization of agriculture. The party and state leadership continued to consider the individual peasant land use as having no economical prospect and dangerous for building socialism. Discussion and Conclusion. The evolution features and distinctions of the Soviet agrarian system state-legal foundations of the 20s of the XX century have been revealed. In normative legal acts and party-state documents of the studied period, the preference continued to be given to the collective farms with the various degree of land and means of production collectivization. Communes and the state-owned agricultural enterprises, sovkhozs (Soviet farms), were considered the most desirable farms, as the ones most closely corresponding to the socialist ideal. The agricultural cooperation, whichhighest form were the kolkhozs (collective farms), was also appreciated by the authorities. The theoretical significance of the conducted research lies in the fact that the state-legal foundations of the socialist agrarian system had been set in the studied period, when the policy of collectivization and public agriculture was stipulated in the Soviet legislation, the rules and norms for creation, organization and operation of the various forms of collective farms were developed, wherein the agricultural commune was considered the form closest to the socialist ideals. Taking into account all the above, further investigation of the process of developing the model Charters of communes, artels and partnerships for joint cultivation of land seems a forward-looking objective.

Philosopher of Law N.N. Alekseev about Values in Law

Introduction. The contribution of the famous Russian philosopher and legal scholar N. N. Alekseev to the doctrine of the values in law is studied based on his monograph “Fundamentals of the Philosophy of Law”. It is emphasised that, even though the interest (especially in recent years) to the theoretical heritage of N. N. Alekseev has increased, the analysis of the methodology of his approach to understanding the legal axiology in combination with the scientific, metaphysical and religious definitions is still required. N. N. Alekseev's philosophy of law plays a significant role in strengthening the legal values in Russia and affirming the legal culture, legitimacy and legal order. The aim of present research is to analyse N. N. Alekseev's philosophical and legal concepts concerning the values in law, to determine the methodology of his approach to understanding the legal axiology in combination with the scientific, metaphysical and religious views and to prove the prognostic importance of his original concept. Materials and Methods. The research material comprised the results of the analysis of the theoretical provisions of N. N. Alekseev, more specifically the analysis of the chapter of the book “Fundamentals of the Philosophy of Law” dealing with the problems of legal values. The dialectical method of cognition was the main method used for the research, along with the general scientific methods of analysis, synthesis and the legalistic method. By implementing the historical approach to the evaluation of the materials, the authors adhered to the comprehensiveness and objectivity of the analysis. The authors strived to demonstrate both the holistic logic of N. N. Alekseev’s philosophy of law and his understanding of the legal axiology in combination with the scientific, metaphysical and religious definitions. Results. In the present work, the authors have analysed the mindset of the Russian philosopher and legal scholar N. N. Alekseev, whose views concerning the values in law were neglected in the national juridical science during most of the twentieth century. The ethical and legal concepts of N. N. Alekseev and the critical attitudes to this issue presented in the theoretical works of the various scientists have been reflected upon. Special attention has been given to the profound adherence of N. N. Alekseev to the idea of immanent interrelation of the main problems of law with the value aspects. The article defines the prognostic importance of the original concept formulated by the philosopher and legal scholar. Discussion and Conclusion. The analysis of the methodology of N. N. Alekseev's philosophical and legal mindset is important for the Russian juridical science. Many of the ideas contained in his works have already had a strong impact and continue to affect the research of the modern philosophers and legal scholars concerning the topic of the legal axiology. The ahead of his time prescient conclusions of N. N. Alekseev about the role of value factors in the future development of the Russian state are of considerable interest in the context of the further development of Russia as a law-governed state.

Towards a plea-bargaining theory: Need to impose legal and deontological limits for its use

This paper proposes to give the kick to discuss a legal theory about using plea bargaining in Latin America. First of all, we do a review of the different research that legal and sociolegal scholars conducted on this phenomenon. Then, we describe the risk of plea bargaining in the US criminal justice system based on the recent report by the American Bar Association and ask: Can something similar be thought of for our country? Finally, and after pointing out some hypotheses for future work, we conclude the necessity of building a theory on plea bargaining to establish deontological and legal limits in its use.

Towards a plea-bargaining theory: Need to impose legal and deontological limits for its use

This paper proposes to give the kick to discuss a legal theory about using plea bargaining in Latin America. First of all, we do a review of the different research that legal and sociolegal scholars conducted on this phenomenon. Then, we describe the risk of plea bargaining in the US criminal justice system based on the recent report by the American Bar Association and ask: Can something similar be thought of for our country? Finally, and after pointing out some hypotheses for future work, we conclude the necessity of building a theory on plea bargaining to establish deontological and legal limits in its use.

Taking Texts Seriously

Abstract Many international law scholars have found inspiration in quantitative methods of text analysis in recent years. Such methods enable scholars to identify patterns in large quantities of text and challenge pre-existing assumptions about various aspects of international law, how it is developed, practiced, interpreted and applied. Yet, subjecting legal texts to quantitative methods of analysis also comes with notable shortcomings. When treating texts as abstract data in accordance with the logic of data science, researchers often fail to appreciate texts as means of human interaction and communication, thereby diverting attention from terms and meaning to numbers and statistics. The aim of this article is threefold: to offer a lay of the land of the burgeoning empirical legal scholarship that adopts text analytical approaches in its study of international law, exhibit what gets lost when insights from linguistics are ignored, and demonstrate what is gained when they are not.

Trashing the Tables: The Critical Legal Studies Symposium of the Stanford Law Review, Then and Now

When the critical legal studies (CLS) movement emerged in the United States, many in the legal community were shocked by the movement’s radical calls to remake legal education. But the movement also presented bold criticisms of quantitative legal scholarship and calculation in law that have proven remarkably prophetic. This article resuscitates the CLS movement’s concerns over “scientific law” in one of the movement’s most canonical works: the Critical Legal Studies Symposium issue of the Stanford Law Review in 1984. Along the way, this article explores the scope and limits of CLS admonitions regarding quantitative research and legal problem solving for the present day.

Elusive Interdisciplinarity in International Law in the Nordics

Abstract In this article we discuss the interdisciplinarity as a practical question and a theoretical challenge. We place international law on a disciplinary map and advocate for theoretical openings towards other social sciences using the critique on methodological nationalism in social sciences as an example of possibilities for broadening the theoretical approaches. We suggest that methodological dialogue should be taken as central in research practices. We also inquire into interdisciplinarity practices that include theoretical openness towards other disciplines and explain how they could benefit legal scholars particularly when analysing consequences of the law. A number of examples from the interdisciplinarity in Nordic countries are included and some of their approaches and terminological challenges discussed.

Regarding the criminological study of suicidal behavior determinants among law enforcement bodies employees

The article carries out a criminological study of the determinants of suicidal behavior among police officers. The authors note that in recent years there has been a rapid increase in the number of suicides and suicide attempts, including ones among law enforcement officers. It was determined that criminology as a complex science allows to study suicide not only from a legal point of view, but also from the point of view of other sciences, such as sociology and psychology. There is still a debate among legal scholars whether to refer the problem of suicide to the problems of criminological research. According to scientists, the main reason for insufficient attention of criminologists is that suicide is not a criminal offense in most countries of the world.
 It is determined that suicide has become common among employees of internal affairs bodies aged 25 to 40. Given that law enforcement is a critical and extreme type of activity, suicides among law enforcement officers have specific determinants. Law enforcement officers are a category of persons who need special attention in view of the possibility of developing suicidal behavior, since the availability of weapons provides an opportunity to choose the most lethal methods of suicide. The authors agree with the opinion of the researchers that the greatest impact on a law enforcement officer is not so much household and family problems as the psychological burden associated with the service activity. In other words, socio-psychological maladjustment is the main determinant of suicidal behavior among law enforcement officers. Suicidal behavior is often associated with a psychological crisis that can occur under the influence of threats of various kinds. A person in such a crisis state decides that suicide is the only way to solve problems.
 It has been proven that suicidal behavior among law enforcement officers is caused by a number of determinants that individually and collectively have a negative impact on the policeman's personality, as a result of which his social and psychological well­being is destroyed, the protective functions of body and psyche are depleted, and mental disorders and mental illnesses may occur.

Fundamental principles of Roman law and their relation to legal argumentation

Modern philosophy of law defines the principles (foundations) of law as the initial conditions of law, the determinants of its content, on which law relies and which constitute its foundation. At the same time, most European countries use ancient Roman legal formulas in their modern legal systems, which evolved into maxims and became the basis of modern positive law in the form of principles. The establishment of general legal principles, concepts/ constructions is reflected in the legislation, doctrines and case law of most countries. In this article, we focused on the values and concepts formulated in the 1930s by the novelist and legal historian F. Schultz, including the principle of isolation/abstraction, the principle of simplicity and tradition, the principles of freedom and authority, the principle of humanity, the principle of loyalty/ good faith, the principle of security, and some others. These principles continue to be researched by Ukrainian and foreign scholars who supplement this list and study their impact on the legal systems of Ukraine and other countries.
 We emphasize that the principles were not formulated by Roman lawyers, for example, in the preamble to their own works or in a separate law or legal document. Roman law was casuistic, it mainly consisted of decisions made in individual cases. This is related to the peculiarities of legal argumentation in ancient Rome, which had a dual nature. On the one hand, they were determined by the rules of law, and on the other hand, they reflected a system of filling gaps in legal relations by applying the principles of law and the oratory techniques of lawyers of that time.
 Modern legal scholarship has tried to find and argue for the existence of general principles of Roman law development as a basis for making specific decisions, or because Roman lawyers sometimes used certain terms and concepts on which their decisions were based.

Legal Regulation of Artificial Intelligence: Experience of China

Objective: to trace the development trajectory of legal regulation in the field of artificial intelligence in the People’s Republic of China by revealing the advantages and disadvantages of China’s approach to artificial intelligence regulation and to outline the prospects of national regulation for the nearest future, taking into account the world experience.Methods: general scientific methods of analysis and synthesis, classification, systemic and functional approaches. Also, the formal-legal, comparativelegal, and historical-legal methods were used.Results: the research demonstrates the validity of Chinese claims for world leadership in the creation of legal regulation of artificial intelligence, as it is in China that the first normative legal acts were adopted. These acts have already entered into force; however, each of them deals with a narrow range of issues, while there is no law to establish general rules for the artificial intelligence industry. Among the characteristic features of the Chinese approach we can name, first of all, its iterative nature, which allows adjusting the regulation with each new step. Another feature is the sectoral nature of the regulation.Scientific novelty: in the course of the research, the development stages of artificial intelligence legal regulation in China were identified and described; the advantages and disadvantages of the Chinese approach to regulation were identified and argued; this approach was compared with the approaches of China’s main rivals competing with it in terms of the technology development and its legal regulation. All of the above allowed making conclusions about the subsequent development of legal regulation in China and in the whole world.Practical significance: familiarization with the research materials enables interested legal scholars, and not only them, to get a clear idea of the level of artificial intelligence regulation, achieved by China. China’s experience is of significant interest to the rest of the world, showing the correctness or faults of possible regulatory options in the new and complex field. The study results can be used in the practice of legal regulation in the sphere of artificial intelligence, as well as in preparing lectures in the relevant courses and writing tutorials for law students.

Can Rights of Nature Contribute to Enhanced Environmental Protection in Ireland?

Several sectors of Irish society have put forward rights of nature as a way to further enhance environmental protection in the country and help curb environmental degradation. In light of rights of nature developments in other jurisdictions, this piece presents rights of nature in their social, economic, and legal context, and summarises their reception by legal scholars. This portrayal will provide a basis for analysing the two main Irish rights of nature legal propositions and assess, albeit in preliminary fashion, whether these initiatives – if enacted – would further enhance environmental protection in Ireland.

Rethinking and Advancing a ‘Bottom-up’ Approach to Cultural Participation of Persons with Disabilities as Key to Realising Inclusive Equality

Abstract Debates about cultural participation of persons with disabilities within legal and socio-legal scholarship and within disability studies tend to remain disconnected. This article brings legal analysis and other academic disciplines into a critical dialogue. It sheds light on how the right to cultural participation is understood from the bottom up, building on a study carried out across Europe. Participants in this study perceived opportunities to participate in, and to contribute to, arts and culture in ways that are consistent with the human rights approach to disability as expressed in the UN Convention on the Rights of Persons with Disabilities, and as central to the concept of inclusive equality. Cultural participation was also understood as intrinsic to the humanity of all people, as vital to inclusion in mainstream life, as capable of communicating experiences or identities not otherwise represented, and as potentially transformative of art-forms and ultimately, of society.

The Socio-Economic Impact of Judicial Verdicts

The socio-economic impact of judicial verdicts is a critical area of inquiry within contemporary legal scholarship and governance discourse. This research paper delves into the intricate dynamics surrounding judicial decisions, aiming to unravel their implications for economic development, social cohesion, and democratic governance. Grounded in interdisciplinary dialogue and empirical analysis, the study offers insights that extend beyond academic inquiry to inform policy deliberations and practical interventions.
 Against the backdrop of rapid globalization and evolving legal frameworks, understanding the complexities of judicial verdicts assumes paramount importance. This research endeavors to comprehensively explore the socio-economic dimensions underpinning judicial decisions, shedding light on disparities in access to justice, economic repercussions, and societal implications. Through a systematic examination of diverse legal systems and socio-cultural contexts, the study elucidates the multi-faceted nature of judicial impact on society.
 The objectives of the research are structured to address critical gaps in understanding the socio-economic impact of judicial verdicts and to contribute meaningfully to scholarly discourse and policy deliberations in the field of law and governance. These objectives encompass examining socio-economic dimensions, identifying disparities in access to justice, assessing economic consequences, exploring social dynamics and public perceptions, and providing actionable policy recommendations and implications.
 The significance of this research lies in its potential to generate knowledge, inform policy change, and foster inclusive governance practices that uphold principles of justice, equity, and human rights. By advancing interdisciplinary dialogue, empirical rigor, and policy relevance, the study serves as a catalyst for positive transformation within legal systems and societal institutions, contributing to the advancement of a more just, equitable, and democratic world.
 While the research acknowledges certain limitations, including geographical and jurisdictional constraints, data availability and reliability, interdisciplinary complexity, and temporal constraints, it seeks to provide valuable insights and contributions to scholarly discourse and policy deliberations. Through rigorous analysis and engagement with international standards of scholarly inquiry, the research aims to foster informed decision-making and inclusive governance practices at the intersection of law, society, and governance.

Review Essay: Donald Trump, Charismatic Leadership and the “Deep State”

Abstract There have been many accounts of Donald Trump's assault on America's constitutional norms and institutions. Journalists have detailed how a real estate mogul and reality television star with no experience in public office captured the Republican Party and disrupted the regular protocols of the executive branch. Legal scholars have lamented Trump's politicization of the Justice Department breaking through the fragile guard rails put in place in the wake of the Watergate scandal. Psychiatrists have sought to diagnose Trump's politics of resentment, which they attribute to the rage and narcissism of a sociopath. Amid this frenzy John Campbell's Institutions Under Siege: Donald Trump's Attack on the Deep State provides a comprehensive study on Trump's assault on American political and government institutions. He shows persuasively that Trump's presidency had a deep and dangerous imprint on elections, the Republican Party, the bureaucracy, and fiscal policy. Critically examining Campbell’s theory and evidence, this essay considers where Trump stands in the long train of democratic crises that have occurred throughout American history, how his presidency and its provocative aftermath were a symptom of long-standing changes in the relationship between the presidency and the party system, and why the presidency itself might be a polarizing institution.

Ratings of legal scholars and RUDN Journal of Law

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