Legal Sphere Research Articles

“Social” terminology in sir John Skene’s lexicography “De verborum significatione”

The process of specification of the social and, in particular, the process of demarcation between the social and the legal spheres in Early Modern European intellectual discourse exhibited both general regularities and elements contingent on the regional specificity of intellectual traditions and institutional practices. In the article, the author examines the Scottish version of this process, with the lexicography of the Scottish civil lawyer Sir John Skene (1549–1617) “De Verborum Significatione” serving as a case in point. The analysis of the social concepts included in the lexicography demonstrates that the heterogeneity of the genesis of strata and groups within the Scottish nobility, as observed by contemporaries, precluded the establishment of a hierarchy of noble titles and dignities within the Scottish kingdom. Consequently, reflection on the nobility as a social phenomenon was also prevented. Conversely, the ascendancy of civil law, with its rigorously delineated subject matter and enduring lexical apparatus, fostered the elaboration of the legal domain. However, this process also impeded the differentiation between the legal and the social. The author demonstrates that numerous concepts that would subsequently be imbued with particular social connotations within the Scottish intellectual tradition during the seventeenth century were nevertheless still regarded as an intrinsic component of the legal framework within the community of the kingdom. When referenced in the Scottish laws and parliamentary acts examined by Skene, these concepts were closely associated with legal privileges, judicial procedure, or the distinctive characteristics of property relations.

Secondary legal relations as the special type of legal relations

In this article, the author, from the standpoint of a general legal approach, defines the essence of such a legal structure as a “second legal relationship”, which in the conceptual aspect is largely not developed, and the points of view available regarding its legal nature belong exclusively to civil law science. In the course of the study, using the comparative method, special signs of a second legal relationship are revealed by comparing them with the signs of a classical legal relationship. In addition, the author based on the existing classification of legal relations on the basis of the dependence of one legal relationship on another, in the context of the consideration of secondary legal relations, new types of legal relations are proposed (linear derivative, indirect derivative, inverse derivative), and the place of secondary legal relations is clarified when dividing legal relations depending on the implemented function of the right into static and dynamic, among which it is proposed to distinguish dynamic neutral, dynamic positive, dynamic negative. As the main conclusion on the work, along with others, is the conclusion about the general legal nature of the second legal relationship, the features of which are the derivation from the main legal relationship and the transformative potential leading to a change in the legal sphere of behavior counterparty of a secondarily authorized person.

IDENTIFICAÇÃO E ABRANGÊNCIA DA AUTONOMIA PRIVADA

Private autonomy is a fundamental concept in democratic societies, recognizing individuals' capacity to exercise their will and make decisions within the context of their private relationships. This article aims to provide an understanding of the identification and scope of the principle of private autonomy in the legal sphere, its interaction with other relevant legal principles, the limits imposed by public order and fundamental rights, its evolution and challenges. Special attention will be given to how this principle is understood and applied in the Brazilian legal system. The presentation and analysis of practical cases in different legal relationships intends to clearly demonstrate the evolution of the autonomy of the will to private autonomy, to highlight the limits and extent of its application and to contribute to the academic debate and the development of Civil Law.

Collective Wisdom in Constitutional, Informational and Digital Dimensions: on the Concept and Nature of Popular Deliberative Constitutionalism for Public Law

The article discusses the scientific and intellectual origins of collective wisdom in the constitutional, information and digital dimensions, reveals the doctrinal approaches and normative foundations of popular deliberative constitutionalism, the development of an inclusive constitutional paradigm and its significance for the use of procedures and technologies for citizen participation, expert opinion and civil society institutions in the constitutional development, in social transformations, in constitutional changes brought to life by the needs of society and the state. Popular deliberative constitutionalism is identified in the article as a public legal meta-concept that explains the process and need for constitutional involvement of citizens. The author concludes that popular deliberative constitutionalism allows us to better understand the problems of implementing the principle of popular sovereignty in modern democratic states, create an optimal model and consider the forms of exercising the constituent power of the people when implementing constitutional changes. In the article, the author notes that the future of democratic constitutionalism is associated with the creation and use of collective intelligence technologies in the public legal sphere, which, in the context of the development of an algorithmic and information society, combine classical procedures for discussing constitutional issues and the use of aggregated preferences. The practical application of the achievements of natural and artificial intelligence is intended to discuss and resolve issues of public legal significance, is based on co-evolutionary development and leads to the emergence of mini-publics, civil assemblies, and constitutional crowdsourcing.

Old Age as a “New Frontier” of (Spatial) Justice

Due to ongoing demographic changes, old age is receiving increasing attention, to the extent that it is considered a “new frontier” of justice, with spatial justice being one of the more recent areas of interest within the legal sphere. The article aims to explore the relationships among the elderly, rights, and space, particularly concerning the urban dimension of the latter. The analysis is preceded by a brief account of the historical significance assumed by old age in philosophy and law, at the intersection of which legal philosophy is situated.

Digitalization in the Legal Sphere of Uzbekistan

The article deals with the issues of the inevitability of digitalization processes in all spheres of public and state life, including the legal sphere. It is noted that digitalization in the legal sphere, in particular in judicial activity, has its own specifics, conditioned by the peculiarity of the implementation of justice, ensuring human rights and personal inviolability. The article analyzes the main directions of digitalization of legal activity in Uzbekistan, considers their development in certain sub-areas. The article also emphasizes that the process of digitalization, being quite complex, causes the need to develop digital consciousness and digital culture not only for civil servants, but also for the whole society.

Embedding constitutional rights

Abstract This article details the concept of constitutional embedding and demonstrates its utility in four country-rights cases. Constitutional embedding refers to the process by which some understanding of constitutional rights comes to take root in everyday life, moving from words on paper to something that shapes expectations and behavior. The degree of constitutional embedding varies along two dimensions: social and legal, or how individuals and groups operating in the social sphere understand and relate to constitutional rights, and how those working in the formal legal sphere do so. In a global political climate defined by democratic backsliding, powerful vested interests, and backlash against moves toward equality, the status of constitutional rights and how they become and remain embedded is doubly important. The constitutional embedding framework highlights how interactions between legal elites and ordinary citizens constitute the extent to which constitutional law influences daily life. The framework has broad applicability across contexts and rights domains.

Legal issues of the artificial intelligence identification

Artificial intelligence, as well as a number of other products of the technological revolution, served as a prerequisite for the formation of a specific area of public relations, which led to the search for adequate forms and methods of legal regulation. The use of legal resources in the process of creating the necessary regulators has led to the accumulation of relevant practical experience and the emergence of a disciplinary ontology accumulating doctrinal knowledge about the AI legal existence. The central place in it is occupied by the issue of AI legal identification, which has both theoretical and practical significance. Its development involves the development of a complex of fundamental, programmatic and design issues. The article presents the solutions forming this complex in the context of the development of scientific legal knowledge and practice of legal regulation in the field of AI creation and use, as well as a rational view of mediation by law of the considered public relations in its current form; the author characterizes the content and dynamics of this view, analyzes the accumulated law-making experience and practice of legal experiments. The article also sets out forecasts for the further development of this segment of the legal sphere and the tools used to streamline it; defines the tasks of the legal doctrine for the future. The article was prepared on the basis of a scientific report presented by the author at a meeting of the Presidium of the Russian Academy of Sciences on March 12, 2024.

CONSTELAÇÃO FAMILIAR COMO MEDIAÇÃO DE CONFLITOS NO ÂMBITO DO DIREITO DAS FAMÍLIAS.

This scientific article aims to address family constellation, an alternative method of conflict resolution capable of dealing with the feelings and transformations of each individual/patient, enabling and making conflict resolution more effective. The objective of the constellation when applied in judicial processes, forums, prisons, shelters and in legal proceedings is to obtain greater deliberative agreements, making the application fruitful from the moment the judicial system begins to reduce legal processes. Since the beginning, the social relationship between human beings has had an extreme complexity of a conflicting nature, resulting in several personal conflicts that are faced by people in our current society, and which in the vast majority of cases result in the provocation of the judiciary, with the intention of seek solutions to problems. Currently, the judiciary has a huge number of cases awaiting judgment, a point that alerts and encourages the need for the constellation to act within the legal sphere, as there is a disproportionality of processes that overloads the judiciary, publicizing and encouraging the need for application of alternative methods for resolving conflicts, seeking to apply speed in a voluminous way as a means of relief.

Language and style of a legal act: analysis of the Law of Ukraine «On lawmaking»

The article examines the peculiarities of language and style of a legal act in the context of studying Article 35 of the Law of Ukraine «On Lawmaking». It is determined that compliance by public authorities and local self-government bodies with the basic requirements for drafting and adopting regulatory legal acts is an integral part of an effective law- making process in Ukraine. In our opinion, the requirements to the language and style of a legal act are also important, since lawyers-drafters should have additional knowledge in this area, in particular, the linguistic features of writing legal norms. The author`s conclude that the issue of language aspects of legal drafting is relevant because the use of clearly defined and prescribed legal terms not only avoids ambiguity and different understandings, but also ensures the accuracy and unambiguity of the law’s interpretation. Therefore, a law should be written in a language that is understandable to everyone, but it should also use legal terminology to avoid misunderstandings and misinterpretations. It is noted that the Law of Ukraine «On Lawmaking» in Article 35 defines the basic rules of text presentation and peculiarities of the style of a legal act. However, for lawyers, the linguistic aspects of writing a legal provision are not always clear, so it is necessary to analyse in more detail the requirements of the law regarding the language of a legal document and to highlight the general principles of using terms and linguistic rules in the legal sphere. The author`s identify problems in the implementation of the provisions of Article 34 of the Law, in particular: 1) the lack of developed and adopted standards of Ukrainian legal terminology, which creates difficulties in the construction of legal norms; 2) the absence of a separate linguistic department which would deal with proofreading of draft legal documents, both in the Verkhovna Rada of Ukraine and in other state and non-state structures; 3) the absence of a Unified Glossary of Legal Terms, which also affects terminological consistency in the drafting of a legal document.

The national idea in the Ukrainian legal area

The study is based on the assumption that at the current stage of development of the State and society, there is a need to form a national idea of the State, which is a theoretical expression of the Ukrainian people's self-awareness of their identity and individuality, and which, based on common values and interests, can be one of the important factors in consolidating Ukrainian society, a general vector for further development of the country and a guideline for its role and place in the world community. The national idea is an expression not only of the psychological and cultural model of society, but also a manifestation of the national legal sphere, which has a complex and ambiguous composition that requires a detailed scientific study. The purpose of the study is to identify the prerequisites and components of the formation of the national idea at the current stage of development of Ukrainian society and the State in the legal plane. The theoretical basis of the study is based on analytical developments in the theory of state and law, political science, constitutional law, and sociology of law in the study of various aspects of the national idea in the context of globalization. Numerous tasks and the diversity of the material under study have led to the use of various research methods: formal legal, systemic and structural, specific sociological, logical. The work uses the socio-cultural and civilizational approaches to the analysis of legal ideology, legal policy, legal doctrine, as well as axiological, geopolitical, and institutional approaches to the national idea of the State. It is noted that when forming the national idea, laying a progressive national-state ideology as its basis, it is necessary to take into account both the cultural uniqueness of Ukraine and the legal component of society, as well as global trends in the modern world. In the context of state-building, the national idea should be an integrative ideological basis on which to consolidate the political nation and create a project for the country's development for the future. It can be argued that the modern state-building process in Ukraine requires modernization of the concept of the national idea and certain adjustments to its value content. In order for the national idea to become an effective basis for the development of the rule of law, it must be correlated with legal ideology, legal policy and legal doctrine, and must be consistent with such values as national interest and national mentality. The implementation of the national idea should have a specific content and be filled with practical steps in the development of the Ukrainian state.

Navigating Legal and Cultural Intersections: The Impact of Law on Minority Traditions and Identity

Abstract States should establish in their legislations protective mechanisms which, on the one hand, guarantee the realisation of the rights of the majority and, on the other hand, ensure respect for the traditions, culture and customs of national and ethnic minorities. In Poland there are such guarantees that ensure that minorities can live in accordance with their own traditions and customs, also at the highest normative level. In addition to the legal sphere, one should not forget the equally important sphere of social life, which for some people is even more important. The issue of early marriage in the Roma community is an exemplification of the problem that can be caused by the interference of subject law norms with the centuries-old traditions and customs of a particular national or ethnic group.

Improvement of legal guarantees of legality in the service activity of administrative courts in Ukraine

The scientific article identifies the peculiarities of improving the service activity of administrative courts in Ukraine. Special guarantees include legal (legal) guarantees of legality of service activities of administrative courts in Ukraine, which represent specific legal means and internal legal mechanisms, which are a real embodiment of legality in the legal sphere. Legal guarantees of the legality of service activities of administrative courts in Ukraine include: completeness and effectiveness of legal norms; a high level of control and supervision over the implementation of legality; quality activity of competent authorities to ensure legality; improvement and improvement of legal practice; effectiveness of measures of legal responsibility. The author has highlighted the areas of effectiveness of the implementation of legal guarantees of the service activity of administrative courts in Ukraine, namely: to improve the administrative and legal regulation and the mechanism of control on the part of public administration subjects through the delimitation of their competence; the procedure for exercising the powers of state authorities and local self-government bodies regarding control in service activities; to develop and adopt the Law of Ukraine «On Judicial Services», in which to define an exhaustive list of government entities that would carry out control in this area, their powers, forms and procedures of such activity, methods, methods of implementation and responsibility in case of abuse of control, etc. ; strengthening public control and creating effective feedback with civil society organizations through the development and implementation of the project «Proliferation of non-state monitoring of service activities of administrative courts in Ukraine», which will improve the quality of the provision of court services by relevant entities of public administration, etc.

A TEORIA DA TRILIDADE COMO RELEVANTE FERRAMENTA NA INTERPRETAÇÃO E SUBSUNÇÃO DA NORMA JURÍDICA DE ORDEM PÚBLICA

One of the great challenges in the legal sphere, especially for those without legal training, is the ability to interpret legal rules by correctly subsuming their content to specific cases. This challenge arises because the normative field often relies on dualistic thinking: right or wrong. In many situations, particularly when dealing with public order rules, this binary approach can limit the interpreter's actions, who becomes conditioned by the relevant law's strictures. Thus, this study aims to demonstrate that other possibilities for interpreting legal norms may exist. The so-called “Theory of Trility and Human Reasoning” offers a significant contribution in this regard, emerging as a new way of approaching legal interpretation. The study investigates the extent to which these alternative interpretive methods can be beneficial in the legal field, particularly when we abandon the old habit of viewing reality through a dualistic lens. To achieve this objective, the study employed a review of specialized literature focused on the study of legal norms, their interpretation, and dialogue with scholars specializing in the Theory of Trility.

Opening a Virtual Space before the Door of the Law: The Transnational Togani Effect from Silenced to Angels Wear White

Through an examination of what the author calls the transnational Togani effect, which challenges legislative failures across both screens and borders, the author hopes to show how social justice films are deployed as a mode of critique that directly impacts the criminal justice system. The author's analysis of the transnational Togani effect therefore encompasses and connects the dimensions of virtuality and actuality in their interactive relation in the contemporary media environment. The author situates this interactive relationship between the virtual and the actual within a transnational framework because awareness of sexual assault is raised in cross-border contexts that are intertextual and interconnected. Drawing on the Deleuzian notion of the virtual and the actual and Giorgio Agamben's concept of inclusive exclusion, the author suggests that screen intervention is a virtual layer added to heterotopic space that serves as a possible resistance against the entrapment of human subjects by neoliberal governance, in which the law is “in force without significance.” As Deleuze shows, the virtual and the actual are fully real, and the relationship between them takes the form of a circuit. By exploring how the interlocking of virtuality and actuality comes to bear on the legal sphere, this article poses fundamental questions for cinema, or for audiovisual media in general, such as to what extent cinematic critique is capable of opening an alternative space for social justice.

Women Building the Colonial Archive. Legal Authority, Female Knowledge and Affective Mobility in the Sixteenth-Century Iberian Atlantic World

In the sixteenth century, the transition from medieval unity to an expansionist state brought broader legal access and the bureaucratization of the Spanish Empire, leading to a diversified legal engagement among social groups. This backdrop is crucial in understanding how women from various backgrounds utilized the legal system. The article examines a set of letters (1560-1562) written by a Spanish widow to her son in Mexico and three judicial cases (1552, 1561, 1569) filed by transatlantic white women of different socioeconomic statuses, all seeking economic improvement. Through these examples, the article explores how these women navigated the legal system using what I have called affective mobility in early modernity, employing emotional, rhetorical, and narrative strategies. Their stories, mirroring popular chronicles, challenged the male-dominated legal sphere. The article highlights the prominent role of women in the colonial archive, intertwining their experiences with men’s, demonstrating their use of personal details and honorable depictions for legal and economic benefits.

Islamic Law, Oil Wealth, and the Modern State in the Gulf: The Scope of the Sharia in Twentieth-Century Qatar

Abstract How can one write the modern legal history of the Gulf states without projecting onto the past the contemporary hegemony of the modern nation-state? What narratives other than secularization stories might be told? And what archives are available to us to facilitate such an endeavor? This paper addresses these questions with reference to Qatar, where a powerful sharia judiciary developed under the British Protectorate maintained its autonomy until the 1990s. The publications of the Presidency of Sharia Courts (est. 1958) and the work of its long-time president, Shaykh ʿAbdallāh b. Zayd Āl Maḥmūd (1911–97), suggest that oil wealth, modern state bureaucracy, and the British legal order expanded – rather than curtailed – the scope of sharia law in Qatar in the course of the twentieth century. Sharia scholars and institutions reinforced the rule of law, contributed to minimizing the role of customary norms in society, replaced commercial courts and alternative modes of dispute resolution, and helped establish an autonomous legal sphere separate from political power.

LAW AND ECONOMICS IN THE CONTEXT OF TECHNOLOGICAL REVOLUTIONS

In this article the author makes an attempt to include into legal discourse some ideas and provisions of representatives of the neo-Schumpeterian direction of political economic thought. In addition, a brief historical and legal analysis of industrial revolutions is given, which served as a material basis for substantiating the synergy of economic and legal thought in terms of studying the problem of the influence of technological revolutions on public life. Based on the results of the study, the author comes to the conclusion that representatives of the neo-Schumpeterian direction pay due attention to the legal regulation of the economy, especially at the stage of transition to a new technological structure, as a result of which the provisions of this scientific school can be used in the future to predict and justify promising directions for the development of state- legal sphere.

Mediation and the right to a fair trial: legal heritage or anomaly of the legal sphere

Mediation and the right to a fair trial: legal heritage or anomaly of the legal sphere

Advocacy and legal aid for homeless people. Challenges and insights from a study of voluntary organisation in Italy

ABSTRACT The connection between homelessness, social exclusion, and the deprivation of fundamental rights has been extensively studied. The intricate interplay of laws, policies, regulations, institutions, and service practices forms a complex network of mutually reinforcing factors, that can pose a significant challenge to the homeless. This article presents the findings of a qualitative study focused on the Italian nonprofit organisation called ‘Street Lawyers’ (SL) which provides legal assistance and advocacy for homeless people. Due to social exclusion, homeless experience daily violations in exercising their rights and encounter many obstacles within the welfare system. The aim of the research was to investigate how SL's mission is implemented, what needs are met and the complexity of their interventions. The findings demonstrate how, despite the organisation's legal mandate, SL face various difficulties and needs that emphasise the hardships experienced by the homeless people. These issues extend beyond the legal sphere and offer insightful perspectives on the trajectories and support system of the homeless. By revealing the obstacles homeless people face in claiming and enjoying their rights, the article shows the potential of this legal aid practice, particularly when it goes beyond a formal legalistic approach and embraces a socio-political interpretation of rights.