Legal World Research Articles

Ambivalence of modern civilization and legal socialization: theoretical and legal aspect

The article examines the ambivalence of modern civilization as a factor influencing legal socialization. Globalization and localization, individualism and collectivism, and the simultaneous pursuit of progress while striving to preserve traditions create duality and conflict in the socialization conditions experienced by modern individuals. This duality presents both opportunities for personal development and new risks for the formation of legal consciousness. Dynamic changes in cultural, legal, social, and economic contexts compel individuals to make rapid, often unconsidered decisions aimed at survival and adaptation. This fosters the risk of forming distorted perceptions of law, justice, the authority of the law, and its intended purpose. Mass global culture has reshaped the conditions of legal socialization by introducing elements of risk and uncertainty. Multiculturalism, while promoting the development of international law and integrating diverse legal traditions into a global system, generates new societal contradictions, heightens social tensions, and leads to the emergence of so-called «parallel legal worlds.» Secular state policies, combined with increasing cultural and religious diversity, complicate legal socialization by raising the risk of fragmenting legal systems. The mismatch between the traditional values of certain social groups and legal norms often results in non-compliance with the law. It is emphasized that the crisis of democracy is marked by declining trust in political and legal institutions, the rise of authoritarian tendencies, and the weakening of rule-of-law mechanisms. The absence of effective legal protections during times of crisis fosters the spread of legal nihilism, further complicating the search for consensus between the state and its people. To mitigate negative consequences and ease societal tensions, a coordinated and effective international and national legal policy is essential. Joint efforts should focus on integrating diverse cultures on the basis of legal principles, primarily emphasizing equality and the rule of law. In complex political, legal, and multicultural conditions, this approach will safeguard individual rights regardless of origin, social status, religion, or other factors.

Возможно ли правовое самоограничение западной гегемонии? (Социально-эволюционные размышления)

The article is a reasoning conducted in the logic of a mental experiment. As an initial premise, we take the bold ideas of Immanuel Kant and Count Leonid A. Kamarovskii about the future establishment of “lawfulness” (the rule of law) not only within societies, but also between states, when conflicts are resolved by an international court backed by the solidarity of great powers. An effective rule of law in global geopolitics requires the following fundamental changes, even if they will be fully realized only in the distant future: the transfer to the Court of the current powers of the UN Security Council; universal jurisdiction (prosecution not only of states that have acceded to the Statute); the possibility of prompt adjudication, with the involvement of several regional courts (offices, branches) if necessary; a broad and streamlined set of peace measures, including sanctions, fines, trade terms, and effective enforcement of international courts’ decisions. Lasting peace will only be possible if rival great powers recognize the primacy of law and the need to obey the decisions of international courts in the area of war and peace. The aim of the article is to outline the possibilities and vectors of progress towards this ideal in the context of the new Cold War between the World of Rules (the “big West” with its satellites) and the World of Tradition (the major authoritarian powers and non-aligned states). The focus is on how far the major geopolitical centers of the West (the United States, the United Kingdom at the head of the Commonwealth, and the leaders of the European Union) are able to abandon their usual aspirations to consolidate their coercive hegemony (“hard power”). The alternative is to strive for moral and geocultural leadership in “soft power” on the way to a legal world order, i. e. the rule of law in geopolitics. The main barriers on this path are primarily related to the rejection of limiting one’s own sovereignty in foreign policy. The main stake is made on the interests of expanding international influence through legal self-restraint, as well as the inclusion of socio-evolutionary mechanisms of competition for international prestige and legitimacy.

Successful Settlement of Debts and Receivables Using Mediation Mechanisms

Humans as social beings are always bound in various social relationships that require rules to regulate interactions and avoid conflicts. In the legal context, agreements made between parties play an important role in the formation of legal relationships, and are regulated in the Civil Code (KUHPerdata). One of the methods of dispute resolution in the legal world is through mediation, which is regulated in Supreme Court Regulation (PERMA) No. 1 of 2016. Mediation is considered a more efficient and effective alternative to litigation, especially in the business world which often faces debt and receivable disputes. This study aims to examine the success of debt and receivables dispute resolution through mediation between PT SukaSari Mitra Mandiri as a creditor and UD Jayadi as a debtor. The research method used is normative juridical with an analytical descriptive approach, utilizing primary and secondary data obtained from through interviews and literature studies. The results of the study show that mediation can resolve debt and receivables disputes by producing a peaceful agreement that benefits both parties. This mediation process prioritizes the value of justice and efficiency, where the parties can resolve problems without going through the courts. An evaluation of compliance with a mediation agreement is also important to ensure that both parties meet their obligations as agreed, with potential legal action if either party does not comply with the agreement. This research provides insight into the importance of mediation as a dispute resolution mechanism in the world of business and civil law.

Идеал правового миропорядка: размышление о возможности гуманного будущего

The article discusses one of the possible trajectories of global development leading to humane orders through the growth of authority and influence of international law and international courts. The well-known aggravation of conflict in the first decades of the current century has already led to polarization, the logical conclusion of which could be a new period of the Cold War. Two camps are being formed again, each of them including several centers. Variants of names are discussed and arguments in favor of choosing the pair ‘The World of Rules’ and ‘The World of Traditions’ are given. Humanistic development presupposes the prevention of wars, which is possible only if conflicts are resolved on the basis of law and the priority of judicial decisions, backed by the solidarity of the leading powers. The highest barrier to this is the commitment of the strongest states to maintain the fullest possible sovereignty in their foreign and domestic policies. Not only authoritarian regimes but also liberal democracies are not ready for any limitation of their sovereignty. A deep worldview gap in the attitude of politicians, experts, and societies to the future in terms of war and peace is revealed. The imperative to expand consciousness and language to overcome this gap, to include these centers in the legal world order, for the subsequent involvement of the global Limitrophe, i.e. a multitude of non-aligned states, is substantiated. It is shown that Immanuel Kant’s bold political ideas were only partially realized in the 20th century. Kant’s insights about the humanistic meaning of history through the achievement of ‘lawfulness’ primarily in interstate relations remain relevant and require their realization.

Online Dispute Resolution as Legal Disruption: What Effect Could It Have on the South African Dispute Resolution Landscape?

Across the world, the legal profession has typically been slow to adapt to technological changes. The South African legal profession is no exception to this, despite the fact that technology has the potential to facilitate and innovate many aspects of the practice of law. One such aspect is the field of dispute resolution, where it has been established that technology can be used to reimagine how disputes are resolved, looking outside of the traditional litigation model. Used in this way, technology becomes a disruptive innovation, changing the traditional dispute resolution practices carried out in the legal world. The aim of this work is to provide an explanation of what a disruptive innovation is and to discuss whether technology can be such an innovation in the South African dispute resolution landscape. This discussion will comprise a general examination of the legislative framework and current uses of technology in South African law. In the context of dispute resolution, it is suggested that online dispute resolution (ODR) embodies a disruptive innovation. An exploration of ODR follows, with the goal of determining whether it is a sustainable alternative to traditional litigation and whether it is feasible to include this innovation in South African law.

“Only they can stare at the sun”? French supreme courts lawyers, a legal elite in the supreme courts space

ABSTRACT This article focuses on a long-standing profession, that of avocats aux Conseils d'État et à la Cour de Cassation – supreme courts lawyers – in France. This distinct professional group, separate from regular lawyers, holds a monopoly on supreme court cases, spanning centuries. The aim of this research is to reflect on the conditions that have maintained such a privilege in a changing legal world. Based on largely unpublished data, the socio-historical approach combines quantitative and qualitative analyses. One hypothesis is to show that the profession has established itself as a partner of choice for magistrates, whose work in producing decisions relies significantly on the expertise of these specialized jurists. To understand this, the morphology of the group and its recent transformations are considered, as well as the concrete work these lawyers carry out in the context of their relations with the supreme courts.

PROTEÇÃO DIGITAL: A (IN)EFICÁCIA DA LEGISLAÇÃO BRASILEIRA NO COMBATE AO CRIME DE ESTELIONATO VIRTUAL

With technological advances in the globalized world, the practice of cybercrimes has intensified, among which the so-called virtual fraud stands out, the topic of which will be discussed in this article. Given this context, the present problem arises: to analyze what are the challenges and strategies to combat the crime of virtual fraud and what are its effects on the legal world to protect users on the internet? Thus, this article aims to understand the relevance of the discussion on cyber fraud, with regard to its effectiveness in Brazilian legislation in the virtual environment. The general objective will be to analyze the new classification brought by Law No. 14,155, of 2021, which inserted the crime of electronic fraud, within which the crime of cyber fraud fits. The specific objectives focus on the analysis of the differences between the crimes of fraud and virtual fraud (cyber fraud). Regarding the methodology, using the deductive and descriptive method, based on theoretical foundations found in bibliographic research, such as public documents, books, scientific articles and internet data. The research results indicated that current laws are not sufficient to address and curb the problem of cyber fraud.

The role of international institutions in stabilising the global legal order: Assessing impact and effectiveness

Abstract The article delves into the complexities of defining legal world order and security in the aftermath of the Cold War, investigating how the notion of security has broadened in the era of globalisation. It aims to evaluate different theoretical frameworks concerning international security and their adaptation to changes in the global environment. The research uses dialectical and hermeneutic principles to dissect the topic. It employs systemic-structural and functional methods to explore the involvement of international organisations in global security. A range of research methodologies, including analogy, historicism, formal-logical analysis, and situational analysis, are employed to delve into the studied matters. The article underscores various significant discoveries, notably the waning influence of the United Nations (UN) as a comprehensive global institution today. It stresses the importance for the global community to confront the geopolitical shifts and difficulties of the 21st century. Presently, global politics are marked by enduring instability, and the current peacekeeping and conflict resolution mechanisms need to demonstrate more in tackling contemporary hybrid challenges and threats. The article concludes by asserting that the current framework for handling international affairs needs to be revised to meet the demands of the 21st century. It emphasises the necessity of simplifying interactions among independent nations, updating collaborative institutions, and forming a capable supervisory entity to bolster global security. The research advocates for establishing fresh international legal standards covering diverse areas of global cooperation and reinforcing international organisational frameworks to address evolving global issues. The successful and prompt execution of these strategies is deemed crucial for the well-being of humanity in the future.

A Systematic Review on Explainable AI in Legal Domain

Abstract: In the past few years, Artificial Intelligence (AI) has become a game-changer in many fields, including law. AI can speed up decision-making and make it more accurate. However, AI often makes decisions in ways that are hard to understand. This lack of clarity is a big problem in law, where decisions can change lives. This review brings together current research on Explainable AI (XAI) in law. It looks at the different AI methods used and how XAI affects legal decision-making. The review also deals with the ethical and practical issues of using XAI, like biases and privacy concerns. By tackling these challenges, the legal world can use XAI effectively while sticking to fairness and responsibility. Our goal is to assist researchers, lawyers, and policymakers in making AI in law more transparent, fair, and trustworthy.

Das sakrale Bild von Schuld, Unschuld und Sühne

Guilt and innocence can be viewed from both the secular and the sacred side. Modern law is no longer aware of this double-sidedness, but until the legal world of the 18th century, which was determined by natural law, this two-sidedness was represented in many legal sources in the form of a combination of image and text as an opening for the sacred side, so to speak, followed by the legal text for the secular dimension. In my overview, I will present seven examples of this rich source material of European legal culture, which I will interpret according to the scientific method of legal iconography.

Failure to provide necessary food; a form of violence

Colloquially, the right to food is understood as that subminister to nourish the body, however, in the legal world, we identify that it is that legal relationship that occurs between the maintenance creditor and the maintenance debtor, where an obligation to give is born, the latter will be obliged to provide the former with sufficient resources for their subsistence. This right is non-transferable, non-transmissible, unwaivable, imprescriptible, non-seizable, therefore, every child and adolescent deserve to be a creditor of the same, however, when one of the parents, in this case the one who is obliged to pay alimony, is late or does not pay, he/she would be violating the right. The violation is born, since the right is not only food, but also health, education, housing, recreation, clothing, however, if analyzed further, this irresponsibility would be causing a type of economic violence to the woman, because she is being controlled and withholding money, and no mother can justify not being able to provide something to her child because of the father's irresponsibility.

Конституционный контроль в Китайской Народной Республике. Влияние конфуцианства и практическая реализация

The article examines the historical stages of the development of the constitutional control of the People’s Republic of China, beginning with the Republic of China and the confrontation between the two parties — the Kuomintang and the Communist Party of China. In this regard, it provides an overview of the legal status and competence of the Council of Great Judges of the Trial Chamber, as well as a description of the procedure of the body under Taiwan law. Some features of the structure and content of the Chinese constitutions in their dynamics are further revealed. In 2018, the Constitution of the People’s Republic of China (hereinafter — PRC) was amended, including the Preamble, which now proclaims the direction of socialist culture based on the dualism of moral and legal norms, and perfection of the mechanism of application of the Constitution is one of the vectors of development of the Chinese version of the «legal state». So now we can see how China’s legal world is changing. The article concludes that Chinese constitutional control in its modern form does not function effectively due to a number of institutional and cultural reasons.

Genderfucking as a Critical Legal Methodology

In this essay, I theorize genderfucking as a critical legal methodology. Genderfucking is defined by its focus on the needs and experiences of those who ‘fuck’ with gender, resisting attempts at gender governance through laws, policies, and practices. Adopting a politics of messiness, genderfucking is critical of recognition and calls into question the state’s legitimacy in defining and policing gender categories. Genderfucking offers a rich and fertile approach for analyzing a social, political, and legal world indelibly marked by regimes of gender and, in so doing, steps on the path towards gender liberation.

Book review] Elizabeth Walgenbach, Excommunication and Outlawry in the Legal World of Medieval Iceland

Review of: Elizabeth Walgenbach, Excommunication and Outlawry in the Legal World of Medieval Iceland (The Northern World 92), Brill: Leiden & Boston 2021

AI in Court: Facing Today's Legal Challenges

AI is changing how courtrooms work. This brings both advantages and challenges for the legal system. As AI gets better, courts use it more in different parts of legal cases. From predicting outcomes to virtual helpers, AI is changing how cases are handled and decided. But using AI in law also raises big ethical and legal questions. As the legal world deals with these issues, it's clear AI isn't just for the future – it's here now, and it affects real court decisions.

NLP in the Legal World

NLP in the Legal World

Uloga dilema u pravu

It is widely recognized that the application of legal norms can lead to normative conflicts. Alongside the notion of normative conflict, the concept of legal dilemma has gained prominence, although its use in legal discourse raises several questions. First, the concept of legal dilemma is a reproduction, mutatis mutandis, of the concept of dilemma developed in moral philosophy. Second, some legal scholars focus exclusively on constitutional dilemmas (i.e., legal dilemmas involving constitutional norms), seemingly assuming that this is a phenomenon limited to the application of constitutional norms. This paper examines how the concept of dilemma is defined in moral philosophy and discusses whether and to what extent the proposals developed in that field can be imported into the legal world. The aim of this paper is to clarify what is usually meant by legal and constitutional dilemmas, and to identify the advantages and inconveniences of using these concepts in legal discourse.

Europe Is Looking for a Super-Judge

One of the cornerstones of the rule of law is an independent, impartial, and high-quality court. It is therefore of the utmost importance that respect for the rule of law in the European Union (inclusive of its member states) be ensured by a court whose members are themselves elected in accordance with the rule of law. This means that, just as for the courts of the Member States, the ideal – which one would hope gets reflected in real-world practice in most cases – is for the Court of Justice of the European Union to be led by independent and impartial judges. Judges who are not only well-versed in their own national law but also fluent in the nuances of European Union law, are oriented toward the global legal world, display an ability to work in an international environment (encompassing several languages, most importantly French as the working language of said court), have an outstanding record of professional and scientific excellence, express themselves clearly and convincingly (both verbally and in writing), and possess impeccable moral and ethical integrity – in short, individuals who are unquestionably leaders in their field and role models for other judges. Indeed, Article 253 (1) of the Treaty on the Functioning of the European Union (TFEU) specifies that the Court of Justice’s judges and Advocates General shall be chosen from among persons whose independence is beyond doubt and who possess the qualifications required for appointment to the highest judicial offices in their respective countries or who are lawyers of recognised competence, with appointment by common accord of the governments of the Member States for a term of six years after consulting with the panel provided for by Article 255 TFEU. Membership of the institution’s General Court is similarly regulated. Accordingly, Europe is looking for super-judges and super-Advocates General for the Court of Justice of the European Union. The article gives an overview of the process involved, focusing in particular on the work of the so-called Article 255 panel.

Restorative Justice in The Settlement of Fraud Crimes in The Banyumas Police Criminal Investigation Unit

The settlement of fraud cases with restorative justice is an innovative step to follow the dynamics of the development of the legal world which began to shift from positivism to progressive. Restorative justice is an approach that focuses more on the conditions for the creation of justice and balance for the perpetrators of criminal acts and the victims themselves. The research method used is empirical juridical, namely legal research on the implementation of restorative justice in action in the settlement of fraud cases by the Banyumas Police Criminal Investigation Unit. The purpose of this research is to analyze the settlement of fraud crimes through restorative justice and to find out the obstacles in the settlement of theft crimes through restorative justice at Satreskrim Polresta Banyumas. The results showed that the Banyumas Police Criminal Investigation Unit resolved fraud cases using a restorative justice approach based on Police Regulation Number 8 of 2021 concerning Handling Crimes Based on Restorative Justice, namely by bringing together the perpetrator and victim and seeking to restore the losses suffered by the victim. The obstacles faced by Satreskrim Polresta Banyumas are that the victim does not want the involvement of outside parties in resolving his case and the inability of the perpetrator to fulfill the compensation requested by the victim, causing the settlement of fraud cases through restorative justice to fail.

The Influence and Effectiveness of the Activities of International Organizations in the Formation, Provision and Strengthening of the World Legal Order

Objective: The article explores issues surrounding the definition of legal world order and security in the post-Cold War era, examining the expanding concept of security within the context of globalization. It aims to analyze theoretical approaches to international security and its development in a changing global landscape.
 
 Methods: The study employs a combination of dialectical and hermeneutic principles for analyzing the subject matter. It uses systemic-structural and functional methods to investigate the role of international organizations in global security. Various research methods, such as analogy, historicism, formal-logical analysis, and situational analysis, are applied to examine the issues under consideration.
 
 Results: The article highlights several key findings, including the diminishing authority of the United Nations (UN) as a universal international organization in the present global context. It emphasizes the need for the international community to address the geopolitical changes and challenges of the 21st century. The current state of world politics is characterized by perpetual global instability, and existing peacekeeping and peacemaking mechanisms have shown limitations in addressing modern hybrid challenges and threats.
 
 Conclusions: In conclusion, the article argues that the existing system for managing international relations is insufficient for the 21st century. It underscores the importance of streamlining relations between sovereign states, modernizing multilateral institutions, and establishing an effective oversight body to strengthen the global security system. The study advocates for the development of new international legal norms, including various aspects of international cooperation and the enhancement of international institutional structures to combat emerging global challenges. The future of humanity depends on the timely and effective implementation of these measures.