ARTICLES of rubric«GENERAL THEORETICAL LEGAL PROBLEMS»

Arnaud Raynouard, Anne–Julie Kerhuel — Measuring the Law: Legal Certainty as a Watermark. (№6, 2010)
I.M. Khuzhokova — About the Legal Citation. (№6, 2010)
T.V. Chernyshova — Conciliation in the Law: Historical Experience (№6, 2010)

Contents details

Reference:

Arnaud Raynouard, Anne–Julie Kerhuel. Measuring the Law: Legal Certainty as a Watermark. // Journal of Foreign Legislation and Comparative Law. 2010. № 6. DOI: 10.7256/1991-3222.2010.6.58206 URL: https://en.nbpublish.com/library_read_article.php?id=58206

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Read the article

Abstract: The article discusses the various approaches and criteria to assess the mutual influence of law and economics. In particular, the approach of the project «Doing Business», and a number of U.S. researchers, whose main thesis is to establish the connection between the effectiveness of legal norms belonging to a particular legal system, is critisized. The authors argue that such interaction is more complex and complicated and deserves more attention from the legal community.

Keywords: assessment of law, economic efficiency, legal certainty

Reference:

I.M. Khuzhokova. About the Legal Citation. // Journal of Foreign Legislation and Comparative Law. 2010. № 6. DOI: 10.7256/1991-3222.2010.6.58207 URL: https://en.nbpublish.com/library_read_article.php?id=58207

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Read the article

Abstract: Comparative research of the status of legal doctrine in law of the countries of Anglo–Saxon and Roman–Germany legal systems became the bottom of conclusion about normative character of legal doctrine and breaking of citation ban in modern law.

Keywords: comparative law, legal systems, Roman–Germany and Anglo–Saxon legal system, Roman law, legal doctrine, ban of citation, drafting, borrowing of law, theory of law, public law, constitutional law, American law, living law.

Reference:

T.V. Chernyshova. Conciliation in the Law: Historical Experience // Journal of Foreign Legislation and Comparative Law. 2010. № 6. DOI: 10.7256/1991-3222.2010.6.58208 URL: https://en.nbpublish.com/library_read_article.php?id=58208

This work is licensed under a Creative Commons Attribution-NonCommercial 4.0 International License.

Read the article

Abstract: Some problems of historical aspects of the legal conciliation are considered in the present article. The author notes that conciliation is one of the most ancient means of resolving conflicts. Here in conciliation should be seen as a complex institution and an integral component of religion, morality and law.

Keywords: conciliation, history of law, complex institution, court of arbitration, justice of the peace.