Erlìhìvsʹkij žurnal最新文献_第2页

Debate as an Interactive Teaching Method in Training of Judges 辩论教学法在法官培训中的应用

Erlìhìvsʹkij žurnal Pub Date : 2018-06-29 DOI: 10.31861/EHRLICHSJOURNAL2018.02.005

Oleksii Chernovskyi

引用次数: 0

On the Importance of Eugen Ehrlich's Theory of Law for Constitutional Law 论欧根·埃利希法律理论对宪法的重要性

Erlìhìvsʹkij žurnal Pub Date : 2018-06-29 DOI: 10.31861/EHRLICHSJOURNAL2018.02.043

M. Maliska

{"title":"On the Importance of Eugen Ehrlich's Theory of Law for Constitutional Law","authors":"M. Maliska","doi":"10.31861/EHRLICHSJOURNAL2018.02.043","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2018.02.043","url":null,"abstract":". The Ehrlichian concepts of \"living law\" and \"association\" can help constitutional law in the investigation of the relationship between constitution and pluralism. When Ehrlich describes the forces of society, which produce through their various associations a living law, he shows constitutional law the importance of law existing outside the State Law. The Constitution does not only regulate the State, but it also contains norms for society. Fundamental rights are binding standards for both the state and civil society. Thus, the current concept of Constitution makes the validity of law no longer in State law, but in the Constitution. In this way, the existence of a living law produced by the social associations finds its validity in the Constitution. The relation between constitutional law and sociology of law has in Ehrlich's work one of the most significant elements of connection. The opening of the Constitution to pluralism is not only a process that begins and ends in the interpretation of the constitutional text. Openness to pluralism implies the recognition of a law that exists in practice and moves society. Constitutional interpretation must be attentive to this law. The constitutional validity of the law brings the necessary limits that a sociological analysis of law often fails to observe. The pluralistic societies of the 21st century recognize the insufficiency of the legislated law as the sole and exclusive form of social regulation. New legal forms emerge and need to be contemplated by a theory of law open to the pluralism of legal sources.","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"2019 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"133067831","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0

Sociology and Jurisprudence 社会学与法理学

Erlìhìvsʹkij žurnal Pub Date : 2018-06-29 DOI: 10.31861/EHRLICHSJOURNAL2018.02.078

Eugene H. Ehrlich

{"title":"Sociology and Jurisprudence","authors":"Eugene H. Ehrlich","doi":"10.31861/EHRLICHSJOURNAL2018.02.078","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2018.02.078","url":null,"abstract":") ) Abstract. The article published in 1906 deals with a qualitative difference between law and labor, which relates to this law, since the latter belongs to science, and science is not included in the content of the law. In general, Eugen Ehrlich raises the question of the relationship of legal science and legal norm. Ehrlich explains the contradiction between a clear legal rule and a rule in real life, in particular, on the example of family law, typical of Bukovina, but contrary to the general Austrian Central Committee (on the relationship between parents and the child living with them and at the same time works somewhere) The essence of the case, according to Eugen Ehrlich, is that law arise in a dual function – as an organizational form, and as a norm for resolution, that is, the norm under which judgments are made. The leading idea of differentiation is based on the thesis that the precondition of any solution is a clash of interests, struggle; and the dominant real-life relationships rarely come out of the struggle in the same form in which they entered this struggle. Therefore, along with the organizational rules that arise in the peaceful coexistence of people, there must be rules for resolution that gain their significance in the event of conflicts, with the first norms being part of the latter. In general, Ehrlich states that jurisprudence is primarily a practical discipline. It teaches the practical application of law. While the development of jurisprudence in legal science, its transition from practical discipline to the field of sociology is fully consistent with the process in other scientific fields, and is one that is becoming more and more understandable day by","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"26 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"127830878","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 1

Social Basis of the Judicial Cognition 司法认知的社会基础

Erlìhìvsʹkij žurnal Pub Date : 2018-06-29 DOI: 10.31861/EHRLICHSJOURNAL2018.02.037

N. Huralenko

{"title":"Social Basis of the Judicial Cognition","authors":"N. Huralenko","doi":"10.31861/EHRLICHSJOURNAL2018.02.037","DOIUrl":"https://doi.org/10.31861/EHRLICHSJOURNAL2018.02.037","url":null,"abstract":". In the article, from the standpoint of the analysis of the social component, the role of experience, information communication in judicial knowledge, which, on the one hand, covers the knowledge, skills, skills of each judge, and, on the other hand, are aimed at forming models of verbal interaction between the participants of the court session, is actualized. It is emphasized that the source of experience - social and legal communication, «live» interpersonal communication. In verbal social interaction reflects the confession of a judge's social values, an understanding of the purpose and meaning of professional activity. Being notable for static dogmatic character, the law doesn’t always get time to develop according to the social changes dynamics, and sometimes doesn’t suit the new economic conditions of managing and social interactions; it can’t cover the whole variety of their qualities, that’s why it doesn’t promote the perception of the veritable nature of its dynamic institutes, and the law remains actually in «abruption» from the real demands of practice. The important component of the contextual problem remains aside, that in the ideological world view sphere characterizes more underlying, more active, dynamic, nonlinear, synergistic mediated sides of dynamic formation of reality, which according to such conditions principally can’t be veritably defined and predicted in the static positive legal doctrine. Actualizing the problem of judicial legal location and the free jurisprudence, Eugen Ehrlich stressed on the need to create a new approach, which would direct the efforts of jurisprudence to the court practice, would overcome the gap between the law and actual social relations, would manage to adopt the law to the life realities.","PeriodicalId":191182,"journal":{"name":"Erlìhìvsʹkij žurnal","volume":"24 1","pages":"0"},"PeriodicalIF":0.0,"publicationDate":"2018-06-29","publicationTypes":"Journal Article","fieldsOfStudy":null,"isOpenAccess":false,"openAccessPdf":"","citationCount":null,"resultStr":null,"platform":"Semanticscholar","paperid":"125087905","PeriodicalName":null,"FirstCategoryId":null,"ListUrlMain":null,"RegionNum":0,"RegionCategory":"","ArticlePicture":[],"TitleCN":null,"AbstractTextCN":null,"PMCID":"","EPubDate":null,"PubModel":null,"JCR":null,"JCRName":null,"Score":null,"Total":0}

引用次数: 0