Search results for "Legal culture"

The Theory of Forms Without Substance a Romanian Legal Transplant Theory Ahead of its Time

2020

Abstract Comparative law and legal history show us that law is dynamic, always in continuous development, change, or mutation. This dynamic dimension has become a central concern for the comparative law scholars. The circulation of legal models in the world (e.g. legal transplant, legal transfer, legal borrowing, legal migration) is an evergreen issue. This phenomenon has provoked numerous doctrinal disputes, which have been encapsulated in complex theories on its possibilities and impossibilities. In the present article, we will not explore the many modern theories regarding legal transplantation (or under other metaphors). Instead, we will go back in time, in the second half of the ninete…

EN TORNO A LA CULTURA POLÍTICA DE LA ALTA MAGISTRATURA

2008

International audience; One of the most striking facts in the political history of the monarchy in early modern Spain is the growth of a significant state bureaucracy. At the same time, there occurred an intensive reflection on justice, law and government which led to the publication of numerous political and legal treatises. If we know, at least theoretically, how the main institutions of the government worked, we are still ignorant about much concerning the social and cultural profile of the royal officials of the monarchy. Firstly, the goal of this contribution is to offer an analysis on a particular kind of bureaucrats, namely the lawyers, by placing them in their political and institut…

The Infra-Constitutionality of European Law in Romania and the Challenges of the Romanian Constitutional Culture

2016

This article deals with European Law as a legal transplant facing the Romanian constitutional culture, in the context of constitutionally limiting the Romanian State’s sovereignty as a member of the EU. Consequently, the reception of the EU law into the Romanian constitutional system (and culture) is determined by two paradoxically divergent Romanian legal-cultural traits: on the one hand, the necessity (bearing accents of national legal pride) to cherish and fructify the Romanian legal (constitutional) traditions, reified, as I shall denominate, as ‘the adapted Romanian law’, and stipulated in the 2003 amended Constitution as a ‘tradition firewall’ / ecran de traditionalite. On the other h…

Jurisprudence and Culture: Past Lessons and Future Challenges : The 5th International Scientific Conference of the University of Latvia Dedicated to …

2014

This publication presents a collection of research papers in conjunction with the 5 the International Scientific Conference of the Faculty of Law of the University of Latvia “Jurisprudence and Culture: Past Lessons and Future Challenges”. Riga, 10–11 November, 2014. All contributions have been double-blind peer reviewed.

Legal Transplant as Socio-Cultural Engineering in Modern Romania

2011

Generally, this paper will outline Romanian society’s steps towards (legal) modernization by introducing a peculiar Romanian understanding of what might be called “rational transplant”. A rational transplant includes what Kalman Kulcsar identified as the one society’s “continuous social change by utilizing its own, internal conditions” – recaptured as a compulsory linkage with the legal traditions- and, at the same time, postulating a social and legal change through external factors. In this context, Romanian society would not be weak because it appeals to external sources of inspiration. It would be weak only in not correctly handling the legal transplant. Conversely, Romanian society woul…

Harmonisation of European contract law and legal translation: a role for comparative lawyers

2007

The problem of harmonizing the contract in Europe has caught the interest of law professors, researchers and the European institutions. After years of debates, the European Union is aware that a lack of uniform legal terminology prevents any kind of unification and harmonization of European Contract law. The need for a uniform legal terminology clashes with the multilingual legal terminology of European law. In Europe there is not just one, but many legislative and administrative languages, and each of them is an official language of the European institutions. In accordance with the principle of linguistic equality, the European Community (EC) recognizes that all legal instruments have to b…

Introduction: Reciting Homer in the Courtroom – Byzantine Legal Culture

2017

MEDIACIÓN PENAL EN ESPAÑA Y ALEMANIA, ENTRE LA DOGMÁTICA Y LA REALIDAD (Criminal Mediation in Spain and Germany, Between the Dogmatic and the Reality)

2018

Spanish Abstract: Abordar el estudio de la mediacion penal en Espana y Alemania requiere referirse a las falencias y dificultades que ambos ordenamientos presentaron en la incorporacion de la justicia restaurativa y con ella de la mediacion. Si bien es cierto que Alemania introdujo la mediacion penal en el ordenamiento juridico y lo hizo estructural y legislativamente de forma modelica en teoria, tras un debate doctrinal en torno a la justicia restaurativa y tras la implantacion de diversos proyectos-piloto, no existia una cultura consensual, y estas tecnicas resultaban ajenas a la cultura juridica alemana. Tampoco Espana ha sido proclive a la mediacion ni, en general, a los medios extrajur…

Ethnicity, 2016/14 : Disputes and Ethnicity

2016

"Ethnicity" – a peer-reviewed journal was established by the Institute of Philosophy and Sociology (University of Latvia). The journal publishes original works about ethnicity in different fields of knowledge – sociology, history, social linguistics, social psychology, law, political science.

Ideology, Nationalism and Law: Legal Tools for an Ideological Machinery in Latvia

2016

For around 25 years Latvia has moved further and further away from Soviet Marxism-Leninist state ideology and has successfully re-integrated with European legal culture. It is obvious that the term ‘ideology’, due to its historical Soviet context, has a mostly negative colouring even nowadays. Integration within the European Union and the implementation of social and political programs and concepts have led to questions raised about leading contemporary ideology (ies) and its (their) role in the development of Latvia’s legal system. The issue of ideologies becomes more complicated and unclear when regarding specific legal reforms or Parliament`s drafts of laws. The article will explore the …