Role Of Legal Culture Research Articles

How Does Legal Culture Matter for Climate Mobilities? A Case Study in an Unplanned Coastal Settlement in Urban Mozambique

This article responds to the general neglect of legal culture in the study of climate mobilities. It presents a case study of climate mobilities in an unplanned settlement in Maputo, Mozambique, exploring how legal culture influenced residents’ decision-making processes as they navigated climate-related risks in their daily lives. We demonstrate that legal culture can facilitate climate mobilities. However, we argue that the role of legal culture in enabling climate mobilities is potentially very complex. Our case study uncovered a nuanced ‘ecosystem’ of land laws in Mozambique, comprising two official systems – formal and informal. Despite their contradictory substantive content regarding land rights, these systems functioned symbiotically, allowing residents of unplanned settlements to mitigate the effects of climate risks. This apparent paradox is explained through the analytical lenses of jurisdiction, scale and temporality. We also argue that this ‘ecosystem’ of land laws can only fully be understood within the broader context of Mozambique's political economy, which attracts foreign investment and promotes urban development, often at the expense of those living in unplanned settlements. Future research into the significance of legal culture for climate mobilities must not only be attuned to the plurality of legal orders in play but also consider the scales and temporalities through which they operate. Furthermore, they must also interrogate the interplay between law and broader political, economic and social contexts.

PENGARUH BUDAYA HUKUM DI LOMBOK TENGAH DALAM PENEGAKAN HUKUM TINDAK PIDANA KESUSILAAN

Lawrence M. Friedman stated that the effectiveness of law enforcement depends on three elements of the legal system, namely legal structure, legal substance, and legal culture. Criminal Acts Against Morality are one of the fairly complex acts in terms of law enforcement. Lombok Tengah was once in the spotlight regarding several criminal acts against morality that were not fully investigated. Empirical legal research methods were used to find answers to the questions of what factors influence law enforcement and the role of legal culture in enforcing criminal acts against morality. Legal regulation factors and legal understanding of law enforcement officers are part of the inhibiting factors, while adequate facilities and infrastructure are supporting factors in enforcing the law on Criminal Acts Against Morality in Lombok Tengah. The patriarchal legal culture of society, victims who are embarrassed to the point of withdrawing their reports, and slow performance factors from officers make law enforcement on criminal acts against morality not run as it should. Socialization of regulations on crimes against morality, increasing the capacity of law enforcement officers and strengthening victims, victims' families and the community are part of the solution in enforcing the law on crimes against morality in Lombok Tengah

PENEGAKAN HUKUM TERHADAP PELANGGARAN MENGGUNAKAN KENDARAAN BERMOTOR TIDAK LAIK JALAN YANG MENYEBABKAN KECELAKAAN LALU LINTAS (Studi Kasus pada Satlantas Polres Muna)

This research investigates the law enforcement concerning traffic accidents caused by unfit motor vehicles in Muna Regency. Employing a normative juridical approach, the study analyzes laws and their connection to real events, focusing on the legal resolution of such accidents. The role of legal culture, encompassing societal behaviors, values, and beliefs, is emphasized, as effective enforcement relies on widespread legal awareness. Specifically, the study examines Article 273 of Law No. 22 of 2009 concerning Traffic and Road Transportation, which addresses criminal sanctions for road administrators. Preliminary analysis suggests potential gaps in its implementation. The research aims to identify the reasons for insufficient enforcement and proposes measures to strengthen law enforcement in Muna Regency. Recommendations may encompass increasing legal awareness, enhancing collaboration among law enforcement agencies, imposing stricter penalties for violations, and implementing more efficient monitoring systems. Ultimately, this study seeks to enhance legal enforcement strategies and promote road safety in Muna Regency by addressing challenges associated with unfit motor vehicle-related accidents. Understanding and tackling the root causes of ineffective enforcement will enable policymakers and stakeholders to develop targeted interventions, reduce accidents, and ensure proper application of the law.

The role of legal culture in the organization of the work of forensic services

The role of legal culture in the organization of the work of forensic services

DEVELOPMENT OF CIVIL SOCIETY AND COMMUNICATION PROPERTIES OF LEGAL SCIENCE

The article is devoted to the value-communicative potential of modern legal science in building a mature, active civil society. In particular, the role of legal science in establishing the general discussion between man, civil society and the state is emphasized. A separate vector of consideration is the coverage of the role of legal science in modern law-making processes: increasing the role of legal culture, legal consciousness, overcoming the phenomena of legal nihilism and legal pessimism, as well as the importance of civic education in modern democratic processes.

THE ROLE OF LEGAL CULTURE IN THE DEVELOPMENT OF MODEL OF RULE-OF-LAW STATE IN CERTAIN LEGAL SYSTEMS

The article is devoted to the role of legal culture in the development of model of rule-of-law State. The author considers the concepts of these social phenomena. Rule-of-law State and Constitutional state are also compared. In the process of the research, peculiarities of model of rule-oflaw State in certain legal systems are discovered. The author uses national and foreign legal experience.

Fostering Legal Culture in Tourism Specialists

The paper analyses the situation in the foreign and domestic systems of training specialists in the tourism sector, the role of legal culture in the training of tourism personnel. The purpose of this paper is to form a legal culture by means of the organization of a training process for future tourism professionals. The dynamics of approaches to the training of specialists in the tourism industry and the factors of modern perspective, innovative, and creative activity were determined. The features of tourism and tourism education are considered. The experience of training specialists in leading tourist schools in the world, studying foreign programs and basic models of training and the expediency of its use in the practice of domestic educational institutions of the tourist profile are investigated. Ideas and systems for ensuring the continuity of tourist education from the beginning to the end of a career are substantiated. Particular attention is given to the three basic principles of higher education (accessibility, equality of opportunity, diversity). The specificity of the efficiency of professional activity in the tourism sector and its interrelation with the tourism professional training of highly qualified specialists, who are able to compete in the market of the service industry, are analyzed. The basic approaches to the formation and stages of development of tourist education in Ukraine and in other European countries are analysed. The scientific works on the problems of tourism are examined, the conclusions are drawn for the use of the above experience. Priorities of modern tasks of organizational and pedagogical work in tourism are outlined. The specificity of the efficiency of the professional activity of the tourism sector and its interrelation with the tourism legal culture are analysed. The importance of forming a legal culture in the educational system, in the context of tourist activity, was proved. Reasons for confirming the relevance of the task of developing the legal culture of employees of the tourism industry are substantiated.

The Role of Legal Culture in Maintaining Social Stability and Countering Separatist Movements: Case of Ukraine

This article develops hypotheses that raising the level of legal culture can serve as an effective instrument in maintaining sustainable development, social stability and territorial integrity. Legal culture should be considered as a regulator and stabilizer of social relations, both in individual countries and at the international level. It is necessary to consider legal culture in conjunction with morality, ethical, economic and political values and priorities. The study has concluded that creation of the democratic state of law and civil society is impossible without raising the level of legal culture. Creation of a strategy for raising the level of legal culture of the population is becoming a priority task, since it will allow forming the functions of the legal culture in the implementation of the national security policy in the socio-economic, political and regional spheres, preserving historical heritage and territorial integrity of Ukraine, overcoming internal and external threats to its stable state and legal development.
 Keywords: Legal culture, legal awareness, social stability, sustainable development

The Role of Legal Culture in Corruption Eradication Effort (A Comparative Study of Indonesian and Japanese Corruption Crime Handling)

In a comparative study of Eradicating Corruption in Indonesia and Japan appears that law culture plays a significant role. Indonesia has special institution that deals with corruption while Japan does not have it. Nevertheless, cases of corruption in Indonesia are higher than in Japan. This is due to the Indonesian culture of ewuh pakewuh, reluctant, and has two different views in dealing with corruption. On the one hand, Indonesia rejects corruption, but on the other hand, it commits actions that support corruption. Meanwhile, Japan has a strong culture of shame for committing law violations both at the community level and law enforcement officers.

THE LEGAL CULTURE AND ITS ROLE IN THE STUDY OF THE LEGAL SYSTEM OF SOCIETY

The article is devoted to the methodological role of legal culture. The author considers the concept, the characteristics and the types of legal culture. The significance of legal culture in the research of composition and functions of legal system is also examined. In the process of the research the role of legal culture in the study of types of modern legal systems is discovered. The author uses national and foreign legal experience.

Conceptualising legal culture and lawyering stress

Recent evidence of the prevalence of stress and mental health issues among Australian lawyers has led to calls for legal culture to be changed to promote a better work–life balance and wellbeing for practitioners. Yet three decades of empirical studies in North America have shown consistently high levels of job satisfaction among lawyers. This paper investigates the role of legal culture in sustaining the paradox of satisfied lawyers under working conditions that may be conducive to stress. Drawing on Bourdieu's theory of practice and the literature on work stress, the paper conceptualises the relationships between the demand of legal work, the culture of legal practice, and lawyering stress. It concludes with a discussion of the implications of this kind of analysis for reforming the legal profession. In spite of the difficulty of cultural change, the paper argues that as consciousness is raised and the field changes, alternative models of practice will need to emerge, so that lawyering stress may become a mechanism for change not reproduction.

Migrants' Relationship with Law in the Host Country: Exploring the Role of Legal Culture

This paper asks how to study migrants' relationship with the legal system upon arrival in the host country? Concentrating on the issues of plurality, it articulates different ways of explaining migrants' legal adaptations to the new legal environment. To clarify the fragmented debates I organise the approaches around the relative importance of the main analytical perspectives: legal assimilation, legal pluralism and legal consciousness/culture. I critically examine the assimilationist approach and demonstrate how the alternative perspectives are both an advance and a critique of it. The paper concludes that for studying migrants' legal adaptations the relevant question between legal pluralism and legal consciousness/culture approaches should not be one of ‘either/or’ but ‘how much’ or ‘to what extent’, depending on the populations under scrutiny. They both contribute to new ways in which ‘law’ is conceptualised that have implications for the study of legal orders as a whole.

Human Trafficking and Legal Culture

This Article discusses the Palermo Protocol to Prevent, Suppress and Punish Trafficking in Persons. In the first part it offers a critical discussion of what is entailed by speaking of a “shortfall” of enforcement in dealing with the social problem of human trafficking. It then goes on to show that there are two competing narratives of this problem and of the way it is being responded to, and explains why we need to learn more about the interests and values that condition the “law in action.” In the last section the Article discusses the potential relevance of the idea of the “legal culture” for explaining the patterns of “law in action” in different countries and different agencies. The Article's overall aim is to show the existence of a link between the manner in which the problem of trafficking is socially defined in practice, and the role of legal culture in shaping this link.

Legal Development in Developing Countries - The Role of Legal Culture

This paper draws on Chapter VI of my PhD thesis entitled 'Corporate Governance in the Indonesian Capital Market: A Legal-Sociological Study of Legal Culture' which was submitted to the Law School, University of Melbourne, in December 2000. The paper seeks to explain the role of legal culture in legal development, especially in the case of developing countries. Although the paper is essentially conceptual in nature, I illustrate certain points with examples from the Indonesian corporate law reform experience in the 1990s. Part A begins with an outline of the law and development movement since the 1960s, focusing on legal transplants. In Part B, I look at what brings about change in legal systems. I discuss the contributions of Lawrence M. Friedman (a legal sociologist from Stanford University) concerning legal culture and Ugo Mattei (a comparative lawyer from University of Trento) concerning the taxonomy of legal systems. Although there is increasing recognition of the influence of legal culture in legal change, the problem is that legal culture is complex and difficult to analyse. To overcome this hurdle, and using the work of Friedman and Mattei as a launching pad, in Part C I introduce the concepts of 'legal habit' and 'legal consciousness' and then construct a simple but workable model which can be used to analyse legal culture and legal development in a dynamic context. I conclude the discussion in Part C by highlighting the critical role of legal culture in legal development. Essentially, law reform cannot succeed without concomittant improvements to legal culture. In the case of emerging and transitional economies, much of the international aid for law reform is spent on drafting new legislation and creating new policies and institutions, with relatively little being spent on studying and improving legal culture. I argue that his approach is misguided. According to my model, successful implementation of law reform proposals is conditional upon improving a community's legal culture to make it more amenable to change. If this is not done, current law reform initiatives - especially those in developing countries - are facing a high risk of failure.