Modern Legal Research Articles

A Challenge to Local Primitivism in Eastern European Cultures: the African ‘Exotic Heritage’ in Modern Art

Summary This article deals with the ‘primitivist’ sources of European modern art, with a focus on Eastern European artists, including some who later developed their careers in the West. These artists are regarded as atypical but relevant cases of modernist legacies, yet their contribution is less studied because of their non-Western European backgrounds. Their early artistic careers were influenced by the local folk and naïve style and motifs of their rural homelands, but they later transmuted their ‘primitivist style’, adopting the fashionable exotic, mostly African, motifs of the Western modernist schools when they moved to the West (typically, France), connected themselves with the modernist movement and received recognition. Unlike the perspective usually adopted by art criticism, this article suggests a heritage studies approach: it firstly conceptualises and considers how one type of heritage primitivism is subsumed to another in this complex artistic formation, and then problematises this dissonant legacy of their work. It is argued that in the field of cultural heritage debate, we need to extend the concept of dissonant heritage to discuss the dual concept of local/exotic heritage, while critically reassessing the uses of primitivism in its authenticist vs. assimilationist ideological intentions.

HiveLaw: Propelling the Nelson Mandela University Law Clinic into the Future: A Consideration of Technology's Integral Role in Modern Legal Service Delivery and the Consequences for Legal Education

HiveLaw: Propelling the Nelson Mandela University Law Clinic into the Future: A Consideration of Technology's Integral Role in Modern Legal Service Delivery and the Consequences for Legal Education

Gender equality in family relations: legal aspects of protecting the rights of women and men in marriage

Gender equality in family legal relations is one of the main foundations of modern legal and social development. The article is devoted to the systematic analysis of the principle of gender equality in family relations as one of the fundamental tasks of the state and society. This study acquires special importance in the context of global political processes, international obligations of Ukraine and its European choice. The theoretical and practical importance of this issue is decisive for legal principles and the development of national society. Implementation of the principles of gender equality in family relations is important not only from the point of view of justice, but also for ensuring the harmonious development of society in general. The article examines the concept of gender equality in detail and determines its impact on the realization of property rights of participants in family relationships. On the basis of an in-depth analysis of scientific provisions, the legal nature of economic relations of spouses and their importance in the science of family law have been clarified. It is emphasized that family legislation reflects the concept of gender, taking into account all aspects of gender issues. Its purpose is to strengthen the principles of egalitarian democracy in the family, to ensure equal opportunities for the realization of constitutional rights, freedoms and duties of both an individual and a citizen. Legal awareness is defined as the basis of the mechanism for ensuring gender equality in Ukraine. The importance of gender equality for achieving stability and harmony in the family and society in general is emphasized. It has been established that there are problems of low legal awareness of citizens in general and specific problems of gender inequality in the country. It has been studied that gender equality in family relations is becoming more and more relevant and necessary in modern society. The meaning of gender equality as equal recognition of rights and opportunities for men and women in all aspects of family life is considered. Through the analysis of the legal aspects of the protection of the rights of women and men in marriage, highlighting the practical aspects of the realization of these rights and the analysis of socio-cultural influences, the formation and application of gender equality in modern family relations has been studied. It was noted that achieving gender equality in family relationships is a complex process that includes both legal and socio-cultural aspects. In particular, this issue is closely related to the fight against gender stereotypes, which can still affect attitudes towards the roles of men and women in the family. Therefore, the effective provision of gender equality in family legal relations requires not only the improvement of legislation, but also a change in public consciousness.

Current legal activities come to the complexity of the term "electronic commerce": international and national level

The article provides a comprehensive study of various approaches to defining the term «electronic commerce» in the context of modern legal, economic and technological challenges. The analysis begins with an overview of scholarly perspectives on e-commerce, which range from narrow interpretations that focus on basic online sales contracts to broader concepts that encompass all aspects of electronic interaction between business entities, including logistics, marketing, financial operations and international transactions. The term «e-commerce» is clearly distinguished from related concepts, such as «e-commerce», «e-business», which mostly focuses on the sale of goods and services. The article also explores the positive aspects of e-commerce, such as increasing the efficiency of business processes, reducing transaction costs, access to global markets, increased convenience for consumers, etc. At the same time, a number of negatives have been identified, including the risk of personal data theft, payment fraud, and other types of cybercrime. The normative regulation of electronic commerce at the level of international law and in Ukraine is separately analyzed. The main legislative acts and their impact on the development of e-commerce are highlighted. On the basis of the conducted research, three key criteria for a clear definition of e-commerce are formulated, including legal relations arising through electronic means, interaction of entities through the Internet, and multi-level business processes, namely: basic e-commerce, integrated e-commerce and global e-commerce. As a result, a proper understanding of e-commerce as a form of business activity is proposed, which involves the implementation of commercial transactions using information and telecommunication means, covering a wide range of processes, including the conclusion and execution of contracts for the sale of goods and services, payment processing, logistics, marketing and advertising , as well as management of currency and customs operations during international transactions, which allows to increase business efficiency and reduce costs due to process automation, optimization of resource management, rapid exchange of information, reduction of transaction costs and simplification of communication between market participants.

Steven Rozenski, Joshua Byron Smith e Claire M. Waters (eds.), Mystics, Goddesses, Lovers, and Teachers. Medieval Visions and their Modern Legacies. Studies in Honour of Barbara Newman (Turnhout, 2023)

Steven Rozenski, Joshua Byron Smith e Claire M. Waters (eds.), Mystics, Goddesses, Lovers, and Teachers. Medieval Visions and their Modern Legacies. Studies in Honour of Barbara Newman (Turnhout, 2023)

Международное сотрудничество в противодействии транснациональному наркобизнесу в латиноамериканском регионе

The article examines modern features of organizing international cooperation in combating crimes related to drug trafficking in Latin America and the Caribbean. The purpose of the work is to analyze the current situation in the field of drug crime in the analyzed region, as well as the main methods of international cooperation and counteraction. Research methods: analysis and comparative legal research of national legislation, conventions and treaties, draft international documents, scientific articles and other sources, as well as a statistical method for bringing quantitative and qualitative indicators of crime. Conclusion: in the Latin American region, both at the national and regional levels, a policy is being pursued to combat crime in the field of drug trafficking, and, despite the high crime rates at the moment, the active work of government bodies and supranational associations in this area is obvious. The practical significance lies in the fact that during the preparation the most modern legal and doctrinal sources in the original language were studied and introduced into scientific circulation.

Remembering the Origins of Modern Legal Education

Remembering the Origins of Modern Legal Education

Introduction to the "Disarmed, Distracted, Disconnected and Distressed: Modern Legal Education and the Unmaking of American Lawyers" Symposium Issue

Introduction to the "Disarmed, Distracted, Disconnected and Distressed: Modern Legal Education and the Unmaking of American Lawyers" Symposium Issue

Modern Legal Approaches to Natural Resource Management: A Comparative Analysis

Modern Legal Approaches to Natural Resource Management: A Comparative Analysis

Expansion and Restriction: Divergent Paths Towards Modernizing Family Laws in Japan and China, 1868–1930

Abstract Before their encounters with Western powers in the nineteenth century, Chinese and Japanese societies were deeply embedded in traditional family systems that formed the backbone of their social structures. However, with the onset of legal modernization, these nations adopted nearly diametrically opposed strategies for reforming their customary family laws. Primarily, Japanese legal reformers under the Meiji regime bolstered the family’s authority and emphasized its political role. In stark contrast, the Chinese legal reformers during the late Qing and Republican periods curtailed family authority and diminished its significance. While the modernization of family laws in Japan and China has been the subject of scholarly research respectively, the differences between the two countries and the reasons behind their distinct approaches have not been adequately explored. This Article seeks to fill this gap. Through a comparative analysis of the legislative histories of both countries, this Article argues that their divergent paths stemmed from differences in the historical functions of family systems and the modern political contexts encountered by legal reformers during the period of legal modernization. In Japan, the family system was historically politically connected with the state, and the Meiji regime solidified its control over this system through modern codification efforts. Consequently, Meiji political elites saw the integration of the populace into the new absolutist imperial regime as advantageous, leveraging the political loyalty of families to achieve this. In contrast, the Chinese family system had become politically disconnected from the state by the late imperial era. In the aftermath of the Republican Revolution, the Guomindang regime navigated a landscape of rival political forces that significantly challenged its authority. Political elites aimed to dismantle customary family laws to weaken the traditional family system, which they viewed as a threat to governmental centralization and societal unity. They also sought to project a modern, liberal image to garner wider political support.

The court and judicial proceedings in the villages of Galychyna (between the end of the XVIIIth and the first half of the XIXth century)

The article is dedicated to the analysis of the functioning of the judicial system and the peculiarities of the judicial proceedings in the rural communities of Galicia between the end of the XVIIIth century and the first half of the XIXth century. The development of legal institutions following the annexation of Galicia to the Habsburg Monarchy is examined, particularly the introduction of the Austrian judicial system, which replaced traditional forms of rural adjudication. The primary focus is on the changes in the structure of courts, the jurisdiction of judges, the process of case hearings, and the participation of peasants in judicial proceedings. The article also characterizes the influences of political, social as well economic factors on judicial procedures and decisions. Special attention is given to the role of peasant self-governance and its integration into new legal norms. The article highlights a significant contribution to understanding the evolution of judicial proceedings in the rural areas of Galicia, which will foster a deeper comprehension of the processes of legal modernization in the Austrian Empire. It describes the impact of the Austrian administration on the judicial system, including a series of reforms aimed at unifying judicial proceedings and implementing Austrian law. This led to significant changes in the structure of the courts, their jurisdiction, and the procedures for implementing their decisions, as the peasants of Galicia had their own traditional legal customs and norms, which often conflicted with Austrian legislation. The integration processes associated with the introduction of the new justice system substantially affected the unique legal culture of the peasants, as rural courts had specific characteristics compared to urban and district courts. The article analyzes legislative acts and reforms introduced by the Austrian authorities in the field of judicial proceedings, their role, and their impact on judicial practice. It identifies the specific features of courts and judicial proceedings in the villages of Galicia during the period under study. The importance of researching this issue lies in understanding the evolution of legal norms, judicial practice, and their impact on the lives of the rural population. The study of the declared problem allows for a better understanding of the legal and social processes that took place in this part of Europe during the specified period. This not only supplements the general picture of the history of law but also helps to identify the roots of contemporary legal traditions and issues.

Almost Happiness, But Not Quite: Reluctant Rule by Law and Thai Legal History in Seni Pramoj’s Legal Autobiography

This article engages with Thongchai Winichakul’s intellectual history of “Rule by Law” by using Greta Olson’s law and affect approach as a departure from the traditional field of law and literature, which focuses solely on discursive practices. It foregrounds the non-cathartic affect of reluctance, a less canonized emotion in Seni Pramoj’s autobiography as a meta-feeling that underpins all emotions such as pride, happiness, and shame in the meta-narrative of conservative Thai legal history. Introducing the concept of “Reluctant Rule by Law” and applying Sianne Ngai’s concept of ugly feelings, Lorianne York’s notion of reluctant celebrity, and postcolonial studies as a main framework, this article argues that Seni’s Janus-faced characteristic, navigating between Western legal modernity and Thai tradition, infused a reluctant tone into his historical works. This autobiographical reluctance reveals how the conservative Thai jurist upheld royalist nationalism while addressing semi-colonial ambiguities, perpetuating a semi-colonial reluctance that shapes the meta-narrative of conservative Thai legal history and constitutionalism based on royalist nationalism.

On the idea of freedom in modern African political philosophy

AbstractWhen Liberia, at its inception, adopted for her motto, “The Love of Freedom Brought Us Here,” they were registering their embrace of a core tenet of modernity: the idea that freedom was the primary state of humanity and that any form of social living that turned this free being into a bonded phenomenon, forces it to obey dictates and laws not of its own choosing, to bow before rulers it had no hand in electing, and to live at the behest of another must stand condemned. They were merely the latest, back then, instantiation of Africans as singers of freedom's song in the modern age. Unfortunately, neither theirs nor earlier iterations in the Haitian Revolution, much less later contributions by other Africans in the continent, are to be found routinely, if at all, in the annals of modern philosophy. In this essay, I bring to our awareness how African thinkers have domesticated the idea of freedom as a legacy of modernity in their world. This is one of the bodies of work that is obscured by the wall that I argue, in Against Decolonisation: Taking African Agency Seriously (Hurst Publishers, 2022), decolonizers have erected in their mistaking, wittingly or unwittingly, modernity for colonialism and/or Westernization.

Religious Influences in Penology: Tracing the Journey of Penology from Ancient Religious Texts to Modern Legal Provisions in India

This article is the culmination of two things; the first as an answer to the curiosity that the authors had regarding religious punishments and their legal as well as moral sanctity. The second is an attempt to understand punishments in different religions, especially Hinduism, Buddhism, Jainism, Sikhism, Islam and Christianity and contrast it with the findings of modern penology. The theoretical understanding of penal methods is contrasted with the punishments prescribed in various religious texts and ancient as well as medieval codes of punishments. The article traces the journey of penology from among the ancient practices to the culmination of modern-day punishments. The journey of the evolution of different methods of punishment as a means to bring order to society and the relevance of the modern jurisprudence of penology is discussed in detail. The article is focused on bringing a clear distinction among the reasons for punishments. The need and necessity for substituting modern positivistic aspects of punishments instead of the moral aspects of punishments as prescribed in the religioun are discussed and elaborated in this article.

FENOMENA PEMBERIAN MAHAR UNIK PADA MASYARAKAT MUSLIM SASAK DI TINJAU DARI PLURALISME HUKUM

This research is motivated by the unique phenomenon of giving dowry to the Sasak Muslim community, namely in the form of dowry giving grilled chicken, sandels, shrouds, google endsense. Looking at the phenomenon that occurs, it is necessary to look at the concept of giving dowry in Islamic law, and customary law, and then how the legitimacy of giving a unique dowry in Islamic law and customary law is justified. This research is a type of library research (literature study) which is qualitative in nature with a normative-empirical approach. The arguments presented in this study use legal pluralism analysis. Legal pluralism, according to MB Hooker, is a situation characterized by the coexistence of two or more legal systems that interact with each other in the process of legal modernization in a country. Legal pluralism is neutral in nature, meaning that in its interaction there are no forces that dominate each other or are superior to the other. In the case of giving unique dowry, it can be seen that there are no laws that dominate each other, but what is a factor in the legitimacy of the unique dowry is the willingness of women to receive the dowry in accordance with Islamic law or customary law that applies to the Sasak tribal community.

Eksistensi Hukum Pencatatan Perkawinan Dalam Reformasi Hukum Keluarga Di Dunia Islam

Legal reforms carried out by Islamic countries since the beginning of the 20th century starting with Turkey in 1917, then Egypt (1920 and 1929), Jordan (1951), Syria (1953) and Tunisia in 1956 with the publication of the Code of Personal Status Law or Majallah al-Ahwal ash-Syakhsiyah. Then several countries in Asia such as Indonesia Malaysia and others. The material of family law reform in general is about marriage registration because it did not exist at the time of the prophet or the companions and the classical fiqh books. If reviewed, marriage registration has positive values for the sake of order and convenience in this modern era. This research is a library research that examines legal issues by relying on secondary materials, analyzing and then concluding using the theory of legal modernization. In this paper, the author tries to classify the provisions of marriage registration based on three sides, the law of marriage registration, sanctions and registration mechanisms in various Muslim countries and identify the extent to which some Islamic countries depart from the teachings of classical fiqh in reforming family law. The regulation of marriage registration is different in every Muslim country, some of which strictly enforce it so that it determines it as a crime for violators or only makes registration as an administrative requirement, while in terms of the mechanism it is also applied differently in each country.

Феномен скулшутинга и его толкование в контексте юридико-психологического знания и ассоциативных смыслов будущих следователей

<p style="text-align: justify;">The reality and severity of the consequences of the phenomenon of schoolshooting*, which has distinctive features that make it possible to recognize it among criminal events, are stated. The imperfection of the definitions of schoolshooting is emphasized, and the need for its interdisciplinary analysis and study by future investigators within the framework of the discipline “Legal Psychology” is stated. The purpose of the study is to identify the features of associative representations of students (future investigators) about schoolshooting and to reveal the semantic content of conceptual connections, based on modern legal and psychological provisions. The survey data were obtained using the association method and are subject to mathematical processing. The main results correlating with the hypotheses are to determine the spectrum and structure of associative ideas about schoolshooting; to establish the consistency of associative ideas with scientific information; to identify the understanding, but at the same time insufficient use of psychological terms by cadets; to characterize schoolshooting based on filling associative-conceptual connections with scientifically based content.</p>

VII. Eine Entwicklungsgeschichte des chinesischen Familien- und Erbrechts im Lichte der Rezeption des deutschen BGB

Summary In contrast with China’s several millennia of civilization history, its history of civil law legislation had not started until the late Qing-Dynasty (1911). This discrepancy stood out prominently in the correlated areas of the family law and inheritance law due to China’s cultural features and the compatible cultural awareness of its people, which had naturalized and legitimized their practices in both areas. Actually, in no other areas had the cultural consciousness, the deep-rooted cultural psychology and the consciousness-driven behavioral patterns of the Chinese families and individuals been more profoundly shaped by the rules of rites and etiquette, the ethical rules and the patriarchal clan system, central customary-legal elements enshrined in the Chinese history. As its key achievement, the legal modernization in the late Qing period (1902–1911) brought forth the Civil Code of the Qing- Dynasty (ZGE), the first such milestone in China’s legal history, initiating the civil law legislation in China. With regard to China’s special legal-historical and legal-cultural background, the drafters of the ZGE – especially its family and inheritance law – had to revolutionarily modernize the Chinese civil law, while at the same time, transferring certain traditional cultural legacies. This could not have been possible without adopting the German Civil Code (BGB) as the primary foreign codification model, especially from the legal-technical, legal-systematic and legal-dogmatic perspective. Ever since then, the evolution of the Chinese civil law has been closely connected with the adoption of the BGB, while the history of the former runs parallel to the history of the latter. The influences of the BGB on China’s major civil law codifications, including also the Civil Code of the Republic of China (1929–1931) and the PRC Civil Code (2020), have been significant and continuous. It is legal-historically insightful to probe into these influences while examining the evolutionary history of the Chinese family and inheritance law ever codified since the ZGE, and, accordingly, retracing and closely analyzing the pre-modern state of both areas.

Indonesian Agrarian Reform in Legal Perspective: A Critical Analysis of Presidential Regulation NO. 86/2018

Objective: The objective of this study is to investigate the development of Indonesian law in the digital era, focusing on the impact of technology on the legal and judicial system, law enforcement challenges, and personal data protection.. Theoretical Framework: This research is grounded in theories of legal modernization and cyberlaw. The study examines how technological advancements influence legal structures and practices, providing a solid basis for understanding the evolution of Indonesia's legal system in the digital age. Method: The methodology adopted for this research comprises a qualitative, descriptive-analytical approach. Data collection was conducted through literature reviews of journals, books, legal regulations, and reports from related institutions. Results and Discussion: The results revealed significant changes due to technology, including the digitization of legal documents, the establishment of e-courts, and the development of cyberlaw, which have increased efficiency and accessibility. However, challenges such as the classification of cyber offenses and inadequate regulations to keep pace with technological advancements were identified. The discussion contextualizes these findings within the theoretical framework, highlighting the implications and relationships identified, and considers potential discrepancies and limitations of the study. Research Implications: The practical and theoretical implications of this research include insights into improving legal processes and law enforcement in the digital era. These implications could impact regulatory frameworks and law enforcement practices in Indonesia.. Originality/Value: This study contributes to the literature by highlighting the transformative impact of technology on the Indonesian legal system. The originality of the research is evidenced by its focus on contemporary legal challenges and regulatory gaps in the digital era, offering valuable insights for policymakers and legal practitioners.

Editor’s Introduction to the Special Issue: Reevaluating the Norms of Law and Governance in Islamic Legal History

This special issue explores the interplay of the norms of governance and Islamic law in Muslim societies, historically, from the eighteenth to late twentieth centuries, right at the moment when Western colonial powers arose to assert hegemony over the Muslim world. These four essays engage scholarly debates about continuities as well as discontinuities between historical and modern Islamic political–legal paradigms for state laws in imperial, colonial, and postcolonial contexts. Within this debate lies the opportunity to reexamine the modern legacies of early Islamic norms for law and governance as they intersected and diverged in novel ways.