Full-text resources of CEJSH and other databases are now available in the new Library of Science.
Visit https://bibliotekanauki.pl

Results found: 5

first rewind previous Page / 1 next fast forward last

Search results

Search:
in the keywords:  legal nihilism
help Sort By:

help Limit search:
first rewind previous Page / 1 next fast forward last
1

"Legislative Inflation" - An analysis of the Phenomenon in Contemporary Legal Discourse

100%
Šulmane D.
Baltic Journal of Law & Politics
|
2011
|
vol. 4
|
issue 2
78-101
EN
The article analyses the phenomenon of legislative inflation from three perspectives: historical, legal and political. The term "legislative inflation" is widely used by various European legal and political scientists and means an increase in the amount of legal norms. Issuing a considerable number of new legal norms consequently raises the question about the balance between the quality and quantity of the work of the legislator(s). There are three relatively similar, yet essentially different terms: "effectiveness, efficacy and efficiency" of laws, each of which should be considered and evaluated by legislators. Legislative inflation, if not adequately perceived, can lead to legal nihilism - a phenomenon mostly attributed to Russian and post-Soviet societies, but by substance an acute problem in all Western societies.
2
Publication available in full text mode
Content available

Subjective legitimation of legal norms as the factor of ethnic self-consciousness development

100%
Havrylovska K., Shmygliuk O.
Studia Politologica Ucraino-Polona
|
2017
|
vol. 7
129-136
EN
The article analyzes the issue of the subjective legitimation of legal norms in interrelation with ethnic self-consciousness of Ukrainians. The formation of ethnic self-consciousness is limited by the state co-ordinates. Formal and informal rules of human activity is the context in which ethnic stereotypes, traditions, norms of behavior are formed. A special role in this process is played by non-official legal norms. This so-called "Сommon Law" is rooted in the everyday life of each ethnic group. Actually, informal knowledge of the legal norms is a kind of the "marker" that allows members of a particular ethnic group to distinguish proxy allies Usually, the person tries to assimilate the indigenous ethnic group in the process of self-realization is more focused on the formal right, the "letter of the law." Instead, the common law often contradicts formal law offering shorter (unfortunately, not always completely eligible) ways to achieve planned results (we can see it in politics, business, etc. - when members of other ethnic groups achieved great success at home, but cannot realize their ambitions in our area because of lack of understanding, which is the "spirit of the law", which values are represented). Indeed, the common law is the leader of ethnic self-consciousness, as it is manifested in such essential attribute of every ethnic group as proverbs and sayings. There are levels of the subjective legitimacy of the state legal system in the consciousness of the personality such as legal nihilism, legal relativism, legal rigorism. Legal rigorism is characterized by a strict observance to legal norms, the legal behavior and thoughts include any compromises and only a strict adherence to law is possible. Legal relativism is characterized by a relative, completely symbolic and variable character. Legal nihilism is characterized by denying legal norms, non-recognition of their importance and significance, emphasizing their banality and formality by tendency to deny their effectiveness in regulation of relations between people. Legal nihilists consider that laws and forbids can be passed over where it can be without punishment and what would be great if the majority of laws and rules were abolished at all. It was found that a characteristic feature of the mass legal psyche of Ukrainians is a legal relativism; there are no gender differences in the level of the subjective legitimation of the legal norms of the state. Phenomenological legal relativism is reflected in the fact that a person has the right to decide to adhere or not to adhere to legal regulations in each case. The basis of the legal origin of relativism is ambivalence of mass psyche. The legal relativism creates specific conditions for the formation of modern Ukrainian ethnic self-consciousness. Actually, this factor determines some contempt to laws, rules, formal regulations. The personality considers the legitimacy of their own ideas about justice, the respect for the right as a social institution, and the representatives of the authorities, who are called to bring into action this right in society. Paradoxically, but this ability to the reflection, the concentration on the construct "fair-unfair" forms the "militancy" of Ukrainians, gives them the ability to defend their rights, to rebel against the existing government, to change the course of history, to form their beliefs, to protect them in the interaction with other ethnic groups .
3
Publication available in full text mode
Content available

Legal Culture of Higher Education Students in the Context of European Integration of the Ukrainian Educational Space

86%
Vasyliuk T., Polishchuk O.
Viae Educationis
|
2023
|
issue 3
18-25
EN
Significant changes in the field of education observed in recent years under the influence of economic, political and social processes, as well as Ukraine’s entry into the global, in particular European, educational space, have become the basis for the implementation of educational reforms at all levels – from preschool to adult education. That is why there is an urgent need for professionals in various fields to have a high level of legal culture, because ignorance of the law does not absolve one from responsibility. In addition, the goal of all reform processes in our country is to achieve compliance with the European architecture in the relevant fields – legal, educational, medical, etc. Regulations are the main means of regulating and implementing legal policy in the field of education. Formation of legal culture of all participants in the educational process is a guarantee of the rule of law, a guarantee of fostering respect for the law and the state as a guarantor of law and order in the exercise of the right to education by every citizen. Accordingly, the legal competence of students, regardless of their field of study, is no longer just a requirement of modern society, but also a basic need of every person. The category of «legal culture» is one of the main characteristics of the country’s legal system, which helps to determine the quality of the legal life of society. The level of legal knowledge is an indicator that reveals the quality of the legal life of a higher education student, which allows the latter to evaluate both his or her own actions and/or inaction and the actions of other members of society and to distinguish legal relations in different branches of law. Structural components aimed at improving the level of legal culture of higher education students can be divided into informative components (regulatory framework of a higher education institution, charter, collective agreement, internal regulations, provisions and procedures governing the educational process, etc.), an evaluative component is the direct attitude of a higher education student to law in general (teaching general legal disciplines to understand the importance of legal knowledge and skills) and an organizational component is the activities of research and teaching staff. The issue of forming legal culture in higher education students should be prioritized during higher education, since knowledge of and compliance with the rules of law at the present stage of European development is unconditional.
4
Publication available in full text mode
Content available

From May to Bereza: A Legal Nihilism in the Political and Legal Practice of the Sanation Camp 1926–1935

72%
Kowalski W.
Studia Iuridica Lublinensia
|
2020
|
vol. 29
|
issue 5
EN
The article is an attempt to outline the manifestations of the legal and political system’s nihilism, the occurrence of which the author to some extent attributes to the policy of the Piłsudski political camp after 1926. The subject of the study is to determine the attitude of the leading activists of the Sanation camp to the political system practice and legal practice, seen for the purposes of this thesis as a certain set of actions contra legem and praeter legem in relation to the legal system in force. The author also analyzes the implications of J. Piłsudski’s lack of a concrete, in formal and legal terms, political program on the attitude of the Sanation political camp in relation to the application of law law and on the legal security. The legal system turned out to be a factor significantly hindering the realization of the post-May camp’s plans as well as the effectiveness of the political system’s initiatives undertaken by the Piłsudski political camp. The main reason for the post-May camp’s frequent recourse to activities that are to some extent attributed to the legal or political system’s nihilism was the lack of deeper political intentions of the victor of the May Coup d’État.
PL
Artykuł stanowi próbę zarysowania przejawów nihilizmu prawnego i ustrojowego, których występowanie autor w pewnym zakresie przypisuje polityce obozu piłsudczykowskiego po 1926 r. Przedmiotem opracowania jest określenie stosunku czołowych działaczy obozu sanacyjnego do praktyki ustrojowej i prawnej, rozumianej na potrzeby niniejszego wywodu jako pewien zbiór działań zarówno contra legem, jak i praeter legem wobec obowiązującego systemu prawnego. Autor analizuje również implikacje braku skonkretyzowanego w sensie formalno-prawnym programu politycznego J. Piłsudskiego na stosunek obozu sanacyjnego do stosowania prawa oraz na bezpieczeństwo prawne. System prawny okazał się być czynnikiem w znacznym stopniu krępującym realizację zamierzeń obozu pomajowego oraz efektywność podejmowanych przez piłsudczyków inicjatyw ustrojowych. Zasadniczym powodem tak częstego sięgania przez obóz pomajowy do działań, którym w pewnej mierze przypisuje się charakter nihilizmu prawnego czy ustrojowego, był brak głębszych zamierzeń ustrojowych zwycięzcy zamachu majowego.
5

Problems of Ensuring Lawful Security in the Russian Federation

72%
Kramarenko V., Primak T.
Internal Security
|
2014
|
vol. 6(1)
193-206
EN
This article focuses on the problems of legal security in the Russian Federation. From the historical and legal perspective,and also from the standpoint of the current processes of globalization, different aspects and the current state of the legal systemand legal security in Russia are explored. The article contains a thorough analysis of political, sociological, public and legal conceptsand other approaches to the study of the problem in the title and in finding options to resolve it. The authors note that in the contextof globalization, Russian traditional features should be reconsidered taking into account the fact that Russia is going to becomean active participant rather than just a passive observer of international integration, and additionally — Russia should retain itsown identity, including its own legal security. Unlike Western culture, which according to some researchers is also experiencinga crisis of legal awareness, in modern Russia the phenomenon defined by this term is actually a legal state of anomie whichis particularly dangerous phenomenon for the construction of the legal security of the Russian Federation. The authors believethat in today’s Russia there are theoretically three alternatives for changing the state of anomie. The first is traditionalism, a returnto the archaic system of values. The second is authoritarianism as an attempt to solve society’s problems by rigid centralizationand the third is the movement along the democratic path based on sequential construction of the system of political pluralism,the rule of law and economic development.
first rewind previous Page / 1 next fast forward last
JavaScript is turned off in your web browser. Turn it on to take full advantage of this site, then refresh the page.